The Congress on Monday approached the Election Commission alleging that BJP president Amit Shah had hidden his liabilities in the Rajya Sabha election affidavit of 2017. Congress also urged Rajya Sabha Chairman M Venkaiah Naidu to follow guidelines which require suspension and disqualification of MPs who resort to incomplete disclosures in election affidavits.
The delegation comprising senior Congress leaders Kapil Sibal, Jairam Ramesh, Abhishek Singhvi and Vivek Tankha submitted the memorandum to the chief election commissioner in this regard and said BJP Chief had violated election law by concealing liabilities in respect of two properties he mortgaged for his son Jay Shah in Gujarat.
"At the time of filing his nomination papers for the election to the Upper House, Shah had already mortgaged two of his properties (in 2016) to Kalupur Commercial Cooperative Bank (one of Gujarat's largest Cooperative Banks) for his son Jay Shah's business venture Kusum Finserve llP. The properties were mortgaged in lieu of a large and substantial loan of Rupees 25 crores extended by the bank to his son's company", the Congress Memorandum stated.
The Memorandum asked the poll panel to initiate proceedings against BJP Chief for the filing of a false affidavit, which attracts up to six months' imprisonment, and/or a fine. EC had in 2004 laid down rules mandating disclosure of assets and liabilities by all contesting candidates in their Election affidavits.
Congress has asked the EC to invoke its 2004 rules and lodge a criminal complaint against Shah who became a Rajya Sabha MP last year. Sibal said Shah had mortgaged two properties in Ahmedabad to the cooperative bank of Gujarat as mortgage for his son's company Kusum Finservice which got a loan of Rs 25 crore against the mortgage.
"The mortgaged property is a liability of Amit Shah and the question was merely of disclosure. He hasn't disclosed this and must be criminally prosecuted. EC should file the complaint because it's about the violation of their own rules," Sibal said.
Breifing the media Jairam Ramesh alleged dubious transactions involving Jay Shah's new firm and also asked how his company with a worth of Rs 6 crore got loans worth Rs 95 crore from Gujarat banks.