archive: Sneaking into voter's list shows contempt of law - Part II
Sneaking into voter's list shows contempt of law - Part II
Surya Prakash, New Delhi
Newstime
May 11, 1999
Title: Sneaking into voter's list shows contempt of law - Part II
Author: Surya Prakash, New Delhi
Publication: Newstime
Date: May 11, 1999
Sonia Gandhi made a false start in Indian business and industry in the
1970s. Her unlawful association with two companies came to light
after the A C Gupta commission, appointed by the Morarji Desai
government, submitted its findings in 1973. Following the report, the
government took over the Maruti limited and seriously began efforts to
give India a "wholly indigenous" small car. Gandhi's delliance with
business probably ended after this fiasco but there is evidence to
show that her tryst with politics began in 1980 and this too srtated
on a false note.
The electoral rolls of the New Delhi partiamentary constituency were
revised in 1980 with January of that year as the qualifying date.
This revision enable the people to seek additions, deletions and
changes in the list and among those who did so were members of the
family of Indira Gandhi, who was then the Prime Minister. The family
lived in 1, Safdarjung Road and until then had four voters Indira
Gandhi, Rajiv Gandhi, Sanjiv Gandhi and Maneka Gandh in 1980, there
was an addition to the list - Sonia Gandhi. She was listed as a
vogter at serial number 388 in politing station number 145 of that
parliamentary constituency.
This would have passed off as a routine addition, but for the fact
that Sonia Gandhi was not a citizen of India, a fundamental
qualification for anyone seeking entry into the voters' list of any
country.
The fraudulent entry in the list of electors would have gone unnoticed
but for 'Surya India,' a popular news magazine in those days, which
raekd up the issue. 'Surya India' did a cover story on Sonia Gandhi
in October 1982 and asked how a citizen of Italy could be a voter in
India. An official, Delhi had told the magazine that this was a
blatant violation of rules but had pleaded helplessness. The magazine
quoted him as saying: "It is not for us to check whether applicants
are bonafide citizens of this country or not. We expect only genuine
citizens to enroll themsleves. Besides, who can expect an official to
question the veracity of statements made by a responsible member of
the Prime Minister's family when they go to crosscheck the voters'
list.
However, soon after the scandal broke out, the chief electoral
officer, Delhi was forced to take congnisance of this case and to
remove the foreign element from the electoral rolls. This he did in
1982 but by then Sonia Gandhi had illegally remained on the electoral
rolls for almost three years.
Sonia's entry into the electoral rolls and her continuance on it for
such a long time is not a simple case of oversight. The name of
Sanjay Gandhi, who had died in a tragic plane crash in June 1980, was
deleted from the list of voters in 1, Sardarjung Road when the rolls
were updated in 1981 but Sonia Gandhi remained on the rolls at number
388. Her name was deleted only after a controversy erupted the
following year. The order of deletion was issued by K L Sethi, who
was the election officer, Delhi.
However, Sonia Gandhi re-entered the voters' list following a fresh
revision in 1983. She was listed at serial number 236 in polling
station 140 of the New Delhi parliamentary constituency. It is now
ascertained that Sonia applied for Indian citizenship on April 7, 1983
and was granted citizenship on April 7, 1983, which means that she
finally decided to take the Indian citizenship 15 years after her
marriage to Rajiv Gandhi.
Sonia Gandhi must, therefore, explain why she was for more anxious to
enter the voters' list in India than to give up her Italian
citizenship. In any case, the bottomline is that the contents of the
Gupta commission report and the voters' list episode provide evidence
of Sonia Gandhi's contempt for Indian laws.
Although an Italian citizen, she was appointed managing director of
the Maruti technical services private limited on January 25, 1973.
The Foreign Exchange Regulation Act (Fera) which was debated in
parliament that year came into force on January 1, 1974.
Among other thing, it prohibited foreigners from owning shares or
accepting appointment in Indian companies without the permission of
the Reserve Bank of India. Section 28(1) of the act said a person who
is not a citizen of India "She not, except with the general or special
permission of the Reserve Bank act or accept appointment as technical
or management adviser in India of any person or company. Section
29(1) of the act prohibited foreigners from acquiring shares of any
company. Yet, she continued as managing director and resigned only on
January 21, 1975. She had thus violated Fera for over a year. Section
56 of the act, which lists the punishment for contravention Fera, says
that violations of this nature can attract imprisonment for periods
ranging from six months to seven years.
Again in 1980, her entry into the voters' list while she was still a
citizen of Italy constituted a violation of the country's electoral
law.
In fact, From 4 in the registration, of electors rules, 1960 clearly
states that "only the names of those who are citizens of India should
be entered." This is the form that is sent to the occupant of the
household meaning the head of the family. In 1980, the head of the
household was Indira Gandhi. Form 6 can be filled by an individual
applicant. Here again the applicant must declare that he or she is a
citizen of India.
Section 31 of the Representation of the People Act, 1950 says: "Any
person who makes a statement or declaration which is false and which
he either knows or believes to be false or does not believe to be true
shall be punishable with imprisonment for a term which may extend to
one year or with fine or with both.
There is, however, no evidence, that the electoral officer proceeded
against anyone for such an obvious and withful violation of the
sanctity of India's electoral rolls.
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