Stung by the mistakes some candidates made while filling the forms before the 2018 elections, the BRS chief has asked his candidates to be extra vigilant while filling the affidavits and has even assigned General Secretary Soma Bharat to oversee the exercise.
Published Oct 18, 2023 | 11:00 AM ⚊ Updated Oct 18, 2023 | 11:00 AM
KCR providing the all-important Form-B to candidates. (Supplied)
“Do not procrastinate until the last minute when submitting your nominations. Exercise utmost caution when completing the nomination process.”
That’s the advice of Telangana Chief Minister and BRS chief K Chandrashekar Rao to candidates he has fielded in the coming Assembly elections.
After bitter past experiences, KCR repeated his guiding words several times at a pre-nomination meeting a couple of days ago while providing B Forms to the candidates.
“It is advisable to have your nomination papers and affidavits reviewed by either a legal expert or the party’s general secretary, Soma Bharat, to avoid potential technical complications that could lead to trouble.”
The nominees realise the value of the counsel. Following complaints after the 2018 elections, the Telangana High Court disqualified two BRS party MLAs. The disqualification cases of two other MLAs are still in the court.
Incidentally, the higher courts reversed the first two decisions, but the party could have done without the adverse publicity.
Candidates vying for election navigate a series of essential forms and documents.
When individuals aspire to contest Assembly elections as candidates of a political party, they must furnish a variety of documents.
These include proof of citizenship, age, caste (if the candidate is contesting from a reserved seat), affidavits regarding criminal cases, and a comprehensive declaration of the candidate’s and their immediate family’s properties and financial assets.
The most critical documents are Form A and Form B. The latter is popularly known as the B-form.
Both are essentially communications from a “recognised national or state political party” or a “registered but unrecognised political party” to the returning officer of the constituency or the chief election officer of the state.
Form-A sample of candidate from previous election. (Screengrab/ECI)
Form A: It conveys the names of party office-bearers who have been authorised to nominate candidates on behalf of the party for the upcoming elections.
This communication must come from either the president or the secretary of the political party.
Form B: It is signed by the authorised party representative, indicating the name of the candidate officially nominated by the party.
This form has the provision to name a substitute candidate in case the nomination of the approved candidate is rejected.
The B-Form serves as conclusive evidence that a named candidate is the official nominee of a political party. This ensures the candidate gets the party’s reserved symbol and all associated advantages.
Form-B sample of candidate from previous election. (Screengrab/ECI)
The absence of a candidate’s name on the B-Form designates them as an independent candidate and denies them access to the party’s reserved symbol.
Speaking to South First, BRS General Secretary Soma Bharat said that the Election Commission India (ECI) frequently issues rules and regulations for the submission of nomination papers. However, candidates often overlook these regulations.
“In my view, merely creating regulations is insufficient. They must be effectively communicated to the participating candidates to prevent inadvertent lapses. The ECI should create regulations and ensure that candidates are well-informed. Training programmes should be made available to those interested in contesting elections,” he said.
According to him, the matter relates to BRS candidates and all those in the fray, including independents, who must tackle the tedious process and understand the legal jargon.
Underlining the cautious approach by the parties, Soma Bharat said: “If anyone fails to locate any mistakes they have made, their candidature gets rejected.”
Consequently, the all-important B-Form is often provided at the last minute to prevent internal disputes and the emergence of rebel candidates. Even though the BRS party has announced 114 candidates out of 119 seats, the party has given the B-form to only 97 candidates till now.
“An affidavit is a legal document where a person affirms the truth of their statements before a notary. This process is crucial to ensure that the information provided is genuine and to prevent situations where someone might claim their signature was forged. When a notary public notarises an affidavit, it signifies that the deponent has sworn before them, and the information in the affidavit is accurate and signed by the deponent, with the notary public acting as a witness,” said advocate Aslam Khan, also a notary.
He added that once a document has been notarised, the notarising authority assumes that the affidavit is valid and the signature belongs to the deponent whose name appears on the document. If there are any inaccuracies or falsehoods in the affidavit, the deponent is solely responsible for them.
“The notary officer’s role is not to verify property ownership or the correctness of the information but to confirm that the names and signatures match the government-issued documents provided, such as Aadhaar, PAN card, and driver’s licence, where photos and signatures are present,” Khan explained to South First.
On 25 July, the Telangana High Court invalidated the election victory of Vanama Venkateswara Rao, the BRS MLA representing the Kothagudem Assembly constituency in 2018. The reason was that he failed to disclose crucial information concerning his immovable assets. Following the ruling, he sought relief from the Supreme Court, which promptly issued a stay order.
On 24 August, the high court invalidated the 2018 election of BRS MLA B Krishna Mohan Reddy, the victor from the Gadwal constituency, because he did not disclose relevant information about his property in his election affidavit.
Reddy was disqualified, and the court declared DK Aruna, the rival he had defeated, as the elected MLA. Aruna initially contested on a Congress ticket but has since switched her allegiance to the BJP. Subsequently, another bench of the Telangana High Court issued a stay order on the initial ruling.
In another case, the high court, on 10 October, rejected a petition against Excise Minister V Srinivas Goud, accused of submitting a false affidavit in the 2018 elections.
The court dismissed the petition after Srinivas Goud presented his case to an advocate commission.
In 2019, a private citizen, Raghavendra Raju, filed a petition alleging that Srinivas Goud’s election in 2018 should be nullified due to the non-disclosure of his wife’s properties and alleged changes in the election affidavit. The court also dismissed this petition.
Vemulawada MLA Chennameni Ramesh Babu has been denied a ticket by the BRS due to concerns regarding his citizenship. Ramesh Babu was initially elected as a TDP candidate from the Vemulawada constituency in 2009.
Subsequently, he joined the TRS (now BRS), winning a by-poll in 2010 and securing seats in the Telangana Assembly in 2014 and 2018.
In a protracted battle over his citizenship, the Ministry of Home Affairs (MHA) cancelled his citizenship in 2019, citing misrepresentation of facts during his citizenship application in 2008.
Ramesh, the son of freedom fighter parents, had previously held German citizenship and obtained Indian citizenship in 2009. The matter is currently under consideration by the Telangana High Court.
“Candidates’ failure to disclose specific properties during the nomination process can lead to complications. We have witnessed cases where candidates have sold properties, and the registration process, particularly at the sub registrar’s office, experienced significant delays.
In such situations, some individuals resorted to legal action, seeking the disqualification of these candidates. Tragically, this has occurred in the past, forcing elected candidates who had worked diligently to secure their seats to yield them to second-choice candidates due to these issues,” said Soma Bharat.
Aware of previous follies, KCR has asked the candidates to fill out the affidavit clearly and has even assigned General Secretary Soma Bharat to check the forms. The BRS has a team of lawyers to assist the candidates in filling out the forms and to review them for accuracy before submission.
KCR stated that Soma Bharat would be available to answer and assist the candidates around the clock. He will pick up “your phone and address your queries, and if necessary, send someone to assist you”. If it’s essential, he will personally come to help you.
“But make sure that all of you have the latest, updated voter’s list,” he emphasised. He meant that the candidates must confirm their names are on the latest list.
KCR is unwilling to take any chances this time. To prevent any mishaps, like the B-Form getting damaged by water or other factors, he would be providing two B-Forms to each candidate, the chief minister said.
Soma Bharat told South First, “The party president has directed me to establish a team that will assist contesting candidates in meticulously adhering to these rules. The aim is to prevent unnecessary issues and ensure fair elections.”
Soma Bharat adds that the ECI regulations are filled with complex legal jargon that candidates often struggle to comprehend. These rules are primarily available in English and Hindi, which are not commonly understood languages among the candidates in Telangana.
“The importance of providing regulations in local languages like Telugu cannot be overstated, as the legal language can be complex for ordinary individuals to comprehend,” he said.
When ECI officials were in Hyderabad at the start of this month, “we met them and requested them to prepare a booklet of these regulations in Telugu, but that did not happen”.
