The ruling Bharatiya Janata Party (BJP) in Madhya Pradesh has set a sort
of record in the country, with the arrest of a minister (under directions of
the Election Commission) for threatening, insulting and intimidating a
returning officer. He is to be prosecuted under Sections 186 (obstructing
public servant in discharge of public functions), 353 (assault or criminal
force to deter public servant from discharge of his duty) and 506 (criminal
intimidation) of the Indian Penal Code (IPC).

If a minister has the effrontery to browbeat a returning officer in an
attempt to coerce her into rejecting the nomination papers of the Congress
candidate, only those in the higher echelons of bureaucracy are to blame.
The State IAS officers, the chief secretary downwards, have been behaving
more like the retainers of the ruling party than as the officers accountable
to the Constitution and the law. They did not feel ashamed while trooping to
a contractor's house to get orders and were often seen being given
directions by chief minister Shivraj Singh Chauhan's wife Sadhna Singh at
public functions.

(The photographs showing Sadhna Singh directing the senior IAS officers
stopped appearing in the newspapers only after Leader of Opposition in the
Assembly Jamuna Devi had raked up the "dumper scam" involving Chauhan and
Sadhna Singh).

As the scrutiny of the nomination papers was being held for this month's
Assembly elections, Minister of State (independent charge) for tourism,
sports and youth welfare Tukojirao Puar, accompanied by former BJP MP
Phoolchand Verma, created a ruckus in the office of Dewas Sub-Divisional
Magistrate (SDM) Sanjana Jain, who is the returning officer for the Sonkutch
(SC) constituency. Phoolchand Verma is the BJP candidate from Sonkutch while
the Congress has fielded Sajjan Singh Verma who is a sitting MLA from the
same constituency. Puar's constituency is Dewas.

Puar and Phoolchand Verma wanted Sanjana Jain to reject Sajjan Singh Verma's
nomination papers because, they claimed, he did not submit Form-B (letter of
authorisation from the party) within the stipulated time but only after
that. The only evidence they had in support of their claim was that the
returning officer had put a dash against the name of Sajjan Singh Verma. As
the lady officer tried to explain the things (including the presence of the
dash against Sajjan Singh Verma's name), Tukojirao Puar lost his temper and
he and Phoolchand Verma started threatening her and shouting that she had
taken a lakh of rupees for adjusting Sajjan Singh Verma's Form-B, submitted
belatedly. The rowdy behaviour of the BJP leaders lasted for quite some
time.

If a candidate or his agent has some grievance against an order or action of
the returning officer, he has the option to complain to the Chief Electoral
Officer or directly to the Election Commission. But the arbitrary manner in
which the ministers in Madhya Pradesh have been functioning all these years
seems to have made them arrogant.  Puar has become particularly notorious
for his bad temper, probably inherited from his feudal ancestry. His
midnight tantrums in the State government-run hotels have become legendary
(he holds the tourism portfolio).


After receiving a report, accompanied by a CD of the proceedings in her
office, from Sanjana Jain, the Election Commission pondered over the matter
and directed the Chief Electoral Officer of Madhya Pradesh to see that a
criminal case was registered under Sections 186, 353 and 506 of IPC against
Puar. As the sections make it a cognisable offence, he was subsequently
arrested by the police. At the same time, the Election Commission ordered
immediate removal of Dewas Collector Navneet Mohan Kothari, who is the
District Returning Officer for not sending the SDM Sanjana Jain's report to
the Commission promptly.

The Election Commission has been striving hard in the past couple of decades
to ensure free and fair elections in the country and meeting with more and
more success gradually. However, the discipline it enforces on the
bureaucracy evaporates the moment the period of model code of conduct is
over; the officers then are treated whether they have been loyal to the
party which comes to power. The party treats the officers arbitrarily and
the Election Commission cannot stop it. If the BJP returns to power, Sanjana
Jain is bound to find herself in a difficult situation because the
government has many ways to harass an officer. And if the Congress gains
power, she may even get more than what she really deserves. This has been
happening in Madhya Pradesh.

Shivraj Singh Chauhan was not MLA when he became the chief minister. He
contested from Budhni (in Sehore district) where by-election was held
following the resignation of a BJP member of the Assembly. S.K.Mishra was
the Collector of Sehore and the Returning Officer for the Budhni
by-election. He was seen kowtowing to chief minister Chauhan (also the BJP
candidate) during his campaign. The Election Commission ordered his
immediate removal.

As soon as the period of the code of conduct was over, Chauhan made
S.K.Mishra the Collector of Bhopal which was a big jump for him. A little
later, Mishra was made secretary to the chief minister and became one of the
most powerful bureaucrats.

The State was reeling under acute power shortage at the time of the Budhni
by-election and the electricity was available in the rural areas for only an
hour or so in 24 hours. The entire Budhni constituency was getting
electricity round the clock during the Budhni by-election campaign. This was
made possible by R.K.Sahni, chairman of the Madhya Pradesh State Electricity
Board, who was simultaneously appointed by Chauhan as the chief secretary of
the State by superseding over half a dozen IAS officers. The Election
Commission took a serious note of the partisan attitude to the residents of
the Budhni constituency in the matter of power supply and got it stopped,
with remarks against Sahni.

So what? Sahni continues to be the chief secretary and the chairman and is
happy because the chief minister is always pleased with him. The chief
minister is pleased because he may probably not find a more pliable chief
secretary. At the receiving end of this sinful combination are the people.

The registration of a criminal case against Tukojirao Puar begs another
question. Will the corrupt police force of Madhya Pradesh prosecute Puar if
the BJP returns to power?

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