GUJARAT ELECTION WATCH (2002) CANDIDATES WITH CRIMINAL BACKGROUND CONTESTING THE 2002 ASSEMBLY ELECTIONS IN GUJARAT 5 December 2002 • Gujarat Election Watch Committee • Association for Democratic Reforms Ahmedabad , India Gujarat Election Watch Committee Press Note on Criminals Contesting Elections December 5, 2002 Law breakers are now law makers. Nearly 140 candidates contesting the Assembly Elections have a criminal record. This is a very large number considering the fact that there are a total of 182 assembly constituencies. Over 60 are from the two major political parties, and the remaining from other parties and Independents. About 100 candidates themselves admit that they face criminal charges in various courts. They were forced to admit this after a Supreme Court judgement on May 2, 2002 in response to a public interest litigation filed by Association for Democratic Reforms (ADR), Ahmedabad and a new Ordinance on Electoral Reforms issued in August this year. Consider the two major parties alone. The list includes at least 5 Ministers and several sitting MLAs. At least 9 have murder cases against them under IPC Section 302, 12 have attempt to murder cases under IPC Section 307, 18 have cases for threatening to kill, 3 for rape and kidnap, 26 for other violent crimes, like dacoity, assault, rioting, arson and jail break, and 10 of financial fraud. Most have more than one case against them, and many are habitual offenders with over 10 cases against them. If we add the criminals candidates contesting as independents or from other minor parties, the situation is even more alarming. The law does not prevent them from standing for elections because they are not yet convicted. However cases drag on for years and are sometimes withdrawn or manipulated due to political pressure. Meanwhile the ordinary citizen continues to suffer due to the activities of such elected representatives. This includes grabbing the lion’s share of civil contracts, loans from Cooperative Banks, and kickbacks on other major projects. At the same time, the State’s economy continues to decline due to mismanagement. Gujarat Election Watch released two rounds of quarter page advertisements in over 20 newspapers, mostly in Gujarati, requesting people to send information on criminal activities of sitting MLAs and MPs, those who had lost the last election, and future potential candidates. The response was overwhelming and a very large number of letters were received at Post Bag No.5, Ambavadi Vistar Post Office, Ahmedabad 380015. It is clear that public sentiment is overwhelmingly in favour of a cleaner Government. Unfortunately, the voter is left with little choice since both parties persist in putting up criminals. Information on candidates was also collected from a variety of other sources. As a result of this, 101 candidates were identified. However after detailed scrutiny, the Committee decided to release only 28 of these names. The rest either did not contest or had frivolous and trivial charges against them. In addition to these 28 names, the Committee sent its volunteers to various returning officers and District Election Officers (Collectors) and obtained copies of around 1200 affidavits of candidates. Although the public has a right to obtain this information because of a Government Order issued by the Election Commission, the bureaucracy in many constituencies created obstacles to people seeking this information. Even at present, the Gandhinagar office of the Election Commission is not releasing information to the public but asking them to go to the 182 returning officers. From these affidavits, the Committee has so far identified an additional 94 candidates with criminal records. The process of scrutiny will continue and a second list will be released in a few days. So far, the Committee has identified 34 criminal candidates from the BJP and 29 from the Congress. This works out to about 1 in 6 criminals for both the parties. One party emphasizes patriotism and the other says it is committed to a ‘brashtachar mukt’ Government. Perhaps criminals are the best examples of patriots and honest people these parties could find. This shows the utter contempt they have for the ordinary citizen. Politicians have already stalled the Supreme Court judgement on disclosure of assets and liabilities by promulgating an Ordinance. A Bill has now been introduced in Parliament which is identical to the Ordinance, but has not yet been passed. Legal experts say that the Bill undermines the fundamental right of the voter to know the relevant background of a candidate and might be unconstitutional. Similar Election Watches are now being planned in several other states including Tamil Nadu, Karnataka, Maharashtra, Uttar Pradesh, Madhya Pradesh, Orissa and West Bengal. A similar exercise was done in Andhra Pradesh a few years ago before the recent Supreme Court Judgement and Ordinance. Voters in Gujarat now have a unique opportunity to show the way for the rest of India. By keeping criminals out of office, they can not only give themselves a clean Government, but also ensure that the State’s economy is restored to its earlier pre-eminent position. Constituency Sr.No. Name Remarks (Nr.) Party 1 Shri Ashok C Bhatt Khadia (75) BJP Murder and other cases 2 Shri Ashwinbhai Andani Una (39) BJP Kidnap and rape allegations 3 Shri Bhurabhai Jetabhai Kathara Jhalod (112) BJP Two cases in Dahod 4 Shri Chandrakant Dahyalal Patel Petlad (135) BJP Assault and breach of peace 5 Shri Chunilal Kanji Gohel Somnath (38) BJP Two cases for attempt to murder 6 Shri Dilip M. Patel Anand (133) BJP Rioting, financial fraud, arson 7 Shri Dilipsinh Juvansinh Thakore Kathlal (128) BJP Endangering life and property 8 Shri Dinu Bogha Solanki Kodinar (47) BJP Murder and other cases 9 Shri Gordhan Jhadapia Rakhial (73) BJP Rioting, arson, suppressing evidence 10 Shri Govindbhai Varjangbhai Parmar Talala (37) BJP Rioting with deadly weapons, murder 11 Shri I.K. Jadeja Dhrangadhra (12) BJP Allegations of financial fraud 12 Shri IshwarSinh Thakorbhai Patel Ankleshwar (157) BJP Rioting, arson, use of deadly weapons 13 Shri Jairajsinh Jadeja Gondal (20) BJP Attempt to murder and other cases Kidnapping a woman, rape, corruption, 14 Shri Jethabhai Bharvad Shahara (121) BJP violating Official Secrets Act 15 Shri Jitubhai Vaghela Sheherkotda (74) BJP Murder, attempt to murder and other cases 16 Shri Kantilal Amrutiya Morbi (13) BJP Murder, attempt to murder and other cases 17 Shri Madhabhai Lakhabhai Boricha Keshod (36) BJP Contempt of Police Orders 18 Shrimati Mayaben Kodnani Naroda (78) BJP Rioting, arson, instigating mobs 19 Shri Mohanbhai Dhanjibhai Dhodiya Mahuva (165) BJP Rioting, disturbing the peace Constituency Sr.No. Name Remarks (Nr.) Party Inflammatory speeches violating IPC Sections 20 Shri Narendra Modi Maninagar (77) BJP 153(A)(1)(2)(3), 295 and 505 About 15 cases including murder, attempt to 21 Shri Purshottam Solanki Ghoga (56) BJP murder, dacoity, robbery Attempt to murder, rioting with deadly 22 Shri Rajeshkumar Gajanan Pathak Balasinor (124) BJP weapons Rioting, threatening to kill, destroying public 23 Shri Rameshbhai Narandas Mistry Bharuch (156) BJP property 24 Shri Shankarbhai Lakhdhirbhai Chaudhary Radhanpur (94) BJP Rioting, threatening to kill Rioting, criminal intimidation, threatening to 25 Shri Tersing Damor Dahod (114) BJP kill 26 Shri Vajubhai Parmabhai Dodiya Viramgam (63) BJP Four Criminal Cases in Virmagam 27 Shri Vajubhai Vala Rajkot-2 (18) BJP Land grabbing, suppressing evidence 28 Shri Vishnubhai Chhotabhai Patel Umareth (127) BJP Dacoity, threatening to kill 29 Shri Pragjibhai Narenbhai Patel Mandal (62) BJP Criminal intimidation and death threats 30 Shri Ashok Haridas Lal Dwarka (31) BJP Criminal intimidation and death threats 31 Shri Prahaladbhai Mohanlal Patel Visnagar (86) BJP Criminal intimidation and death threats 32 Shri Nitin Ratibhai Patel Kadi (81) BJP Criminal intimidation and death threats 33 Shri Parshottam Nanjibhai Bhojani Jodiya (24) BJP Admits to two cases in Rajkot 34 Shri Kantibhai Kachoriya Palanpur (100) BJP Criminal intimidation and death threats Sr.No. Name Constituency (Nr.) Party Remarks Financial fraud, declared unfit by Lok Ayukta for 1 Shri Chandubhai Dabhi Karjan(153) Congress holding official position 2 Shri Chatursinh Javanji Chavda Gandhinagar (79) Congress Rioting, use of deadly weapons 3 Shri Dalsukh Prajapati Sayajiganj (148) Congress Land grabbing and forgery 4 Shri Dhirubhai Amarsinh Chavda, Matar (137) Congress Financial fraud, criminal breach of trust 5 Shri Jaymalsingh L Khanta Meghraj (110) Congress Dacoity, rioting with deadly weapons 6 Shri Jasubhai Barad Talala (37) Congress Beating with intent to kill 7 Shri Jeevabhai Patel Mehasana (83) Congress Criminal breach of trust, threat to kill 8 Shri Jitubhai Harjibhai Chaudhary Mota Pondha (180) Congress Rioting, threat to kill, attempt to kill 9 Shri Khumansinh R Chauhan Savli (146) Congress Murder and other cases 10 Shri Kuvarjibhai Laljibhai Bhalada Gondal (20) Congress Death threats, breach ofpeace Shri Laxmanbhai Bhagwanbhai Threatening to kill, kidnapping 11 Kodinar (47) Congress Parmar 12 Shri Madhubhai Bhuva Rajula (48) Congress Murder and other cases 13 Shri Mohmad Farug Husen Sekh Kalupur (71) Congress Rioting, arson, dacoity Vakaner Kuvadava Assault, breach of peace 14 Shri Mohmmad Javid Abdul Pirzada Congress (15) 15 Shri Narayanbhai Bhimabhai Odh Surat (169) Congress Attempt to murder, rioting with deadly weapons 16 Shri Premjibhai Vadlani Viramgam (63) Congress Financial