Priyank Kharge backs action against those accused of filing fake Form 7 applications

Karnataka Home Minister Priyank Kharge on Monday defended the registration of cases against people accused of submitting false Form 7 applications to seek deletion of voters during the ongoing Special Intensive Revision (SIR) of electoral rolls, saying knowingly providing false information in such applications amounts to a criminal offence.

Kharge said those found guilty of making false declarations in connection with electoral rolls can face imprisonment of up to one year, a fine, or both under Section 31 of the Representation of the People Act, 1950.

Form 7 is used to file an objection to the proposed inclusion or deletion of a name from an existing electoral roll.

The minister alleged that BJP leaders and workers were behind the submission of false Form 7 applications and described the alleged activity as a "centralised criminal conspiracy" targeting certain sections of society. He also questioned whether officials of the Election Commission were involved.

"Let them (BJP and JDS leaders) go and clarify to the Chief Electoral Officer (CEO) on BJP workers giving in writing to the EROs or Tahsildars in Ballari, Bableshwar, Bhalki, Chikkamagaluru, that they are withdrawing thousands of Form 7s they submitted, by accepting their wrongdoing in several cases," Kharge said when asked about NDA leaders' proposed meeting with the CEO later on Monday.

Speaking to reporters, Kharge asked the NDA leaders to explain to the CEO why party workers were involved in submitting the forms, how they obtained pre-printed forms and why thousands of Form 7 applications were filed.

He said political parties were free to submit complaints against the ruling Congress to the CEO, but such complaints should be verified according to law.

"But several BJP workers have admitted that the Form 7s and documents submitted by them were false and that they have committed a mistake; let this also be discussed with the CEO," he said.

Kharge further alleged that similar patterns had emerged in Hyderabad, Uttarakhand, Madhya Pradesh, Odisha and Karnataka and termed the alleged activity a "centralised criminal conspiracy against certain sections of the society".

"There are similar formats in Hyderabad, Uttarakhand, Madhya Pradesh, Odisha and Karnataka. It is nothing but a centralised criminal conspiracy against certain sections of the society. Even after the SIR process being carried out, if this is being done -- is this a Special Intensive Revision or Sangh Intensive Revision? Is RSS or BJP printing and giving forms?" he asked.

He also questioned how BJP workers were obtaining machine-readable voter lists.

"if they are getting such accurately printed voters lists, it should be machine-readable," Kharge said.

"So people from EC are also involved in this? Yesterday, a Supreme Court judge said that what is happening is wrong; it is sinful.

EC has also issued some guidelines. When BJP leaders go to the CEO, let them give clarification first and then speak about the Congress," he added.

The controversy intensified after Karnataka Chief Electoral Officer V Anbukkumar directed election officials to act against applicants who knowingly make false claims or declarations while seeking changes to electoral rolls. The direction followed allegations of bulk and allegedly non-genuine Form 7 applications during the SIR exercise.

Anbukkumar's communication was sent to election officials across all 224 Assembly constituencies. It directed Electoral Registration Officers to act under Section 31 of the Representation of the People Act against applicants found to have knowingly made false statements in Forms 6, 6A, 7 or 8. The CEO also specified that an inquiry under Rule 20 of the Registration of Electors Rules, 1960, should precede such action.

The directive came after Chief Minister D K Shivakumar, along with cabinet colleagues and party leaders, staged a protest outside the CEO's office in Bengaluru demanding legal action and an investigation into the alleged misuse of Form 7.

Shivakumar had alleged that large numbers of Form 7 applications had been submitted in some constituencies and that pre-printed forms containing voters' names, EPIC numbers and booth details had been distributed among party workers.

According to details reported by media organisation, Shivakumar cited 13,000 Form 7 applications in two Assembly constituencies in Ballari and another 13,000 in Vijayapura apart from Babaleshwar. His memorandum also cited around 3,000 applications in Belagavi North, 6,259 in Mudigere, 1,373 in Babaleshwar, 1,200 in Narasimharaja and 2,285 in Bhalki.

Shivakumar had also alleged that applications were filed seeking the deletion of 45 lakh voters and accused BJP and JD(S) workers of involvement. 

Responding to questions about cases registered over allegedly false Form 7 applications, Kharge said such cases were based on individual complaints and would have to be dealt with by the police.

"They are all individual cases, and the police will have to take private cases. If someone goes and wrongly gives a Form 7 stating that I'm dead, should we not book cases against such false claims and those who give them? Why are all those giving such false forms BJP workers?" he said.

Kharge referred to incidents in Vijayapura where several people allegedly came forward saying they were alive even though Form 7 applications had been submitted claiming they were dead.

"Yesterday you saw in Vijayapura that several people came out and said they are alive and not dead, but Form 7 has been submitted stating that they are dead. If people come out and complain about false Form 7s being submitted, should it not be taken by police?" he asked.

He sarcastically said that, according to the BJP, people who violate the law should instead be felicitated with a Rajyotsava award.

The minister said police and district Deputy Commissioners were examining private and individual complaints. If a matter had to be taken to the Election Commission, he said, it would have to be routed through the concerned authorities.

"Let it come, we will see," he said.

Kharge alleged that the alleged misuse of Form 7 was part of a "bigger criminal conspiracy" and was "centrally sponsored".

"this is happening everywhere....let's see," he said.

At the same time, Kharge said action could not be taken arbitrarily and that cases could only be registered when complaints were received and relevant legal provisions were attracted.

"We all will have to work within the framework of law. We cannot file cases arbitrarily. Only when a complaint is given, cases are registered under relevant sections. Just because the complaint is against BJP, we cannot file cases," he said.

Kharge also questioned why BJP leaders, including B L Santosh, were defending the party when questions were being raised about the Election Commission and Chief Election Commissioner Gyanesh Kumar.

"these people cannot win a Gram Panchayat election, and they want to come and teach a lesson to us (Congress)," he said.

"What is the locus standi of BJP on this issue? Why are they behaving like spokesperson of EC. We don't have anything to answer to BJP. We will go to EC and Supreme Court if there are any issues; let them (BJP) also go there," he added.  (with inputs from PTI)