nt>
12.33 hrs.
Title: Shri Kirit Somaiya called the attention of the Minister of Law and Justice to the alleged inclusion of bogus voters in the electoral list in Madhya Pradesh.
SHRI KIRIT SOMAIYA (MUMBAI NORTH EAST): Sir, I call the attention of the Minister of Law and Justice to the following matter of urgent public importance and request that he may make a statement thereon:
“The alleged inclusion of bogus voters in the electoral list in Madhya Pradesh and steps taken by the Government in regard thereto.”
SHRI PRIYA RANJAN DASMUNSI (RAIGANJ): Sir, I am on a point of order. .… (Interruptions)
MR. SPEAKER: What is your point of order?
SHRI PRIYA RANJAN DASMUNSI : My point of order is this.… (Interruptions)
MR. SPEAKER: Please keep silence in the House.
… (Interruptions)
KUMARI MAMATA BANERJEE (CALCUTTA SOUTH): Sir, we are waiting since one month to raise the Dhantala issue.… (Interruptions) Everyday, they are raising the issues. We are not allowed to raise this issue.… (Interruptions)
MR. SPEAKER: I have already told you that during the ‘Zero Hour’ you can raise the issue and not now.
KUMARI MAMATA BANERJEE : My humble submission is this.… (Interruptions)
MR. SPEAKER: I have already started the Calling Attention. After the Calling Attention, I am going to the ‘Zero Hour.’ During the ‘Zero Hour’, you can raise the issue.
SHRI SUDIP BANDYOPADHYAY : Sir, the hon. Deputy Prime Minister is present. Please allow us to raise it.… (Interruptions)
KUMARI MAMATA BANERJEE : This is a very serious matter. I would request Shri Dasmuni to take his seat for one minute.… (Interruptions)
This is a very serious matter. The House should know that atrocities on women are so high in Dhantala. The marriage party was coming back from the marriage ceremony and the women were gang-raped by the ruling party cadres there.… (Interruptions) After 18 days, an FIR was lodged.… (Interruptions) It is about atrocities on women. I did not mention the name of the Party. I have said that the ruling party cadres were involved in it.… (Interruptions)
SHRI BASU DEB ACHARIA (BANKURA): Sir, this matter is being discussed in the State Assembly. The Assembly is in Session. This is a State issue. Why are you allowing this here?
KUMARI MAMATA BANERJEE : The rape issue is not a State subject. It is about the gang-rape of women.… (Interruptions)
MR. SPEAKER: Kumari Mamata Banerjee, you want to raise an important issue. I do agree with you. Let the House be aware that we go according to the rules before us.
I have no objection to your raising this issue, but you can raise it during ‘Zero Hour’. Yesterday also, the same case was there. I have permitted the Calling Attention first and thereafter I have allowed other issues to be raised during ‘Zero Hour’. Shri Priya Ranjan Dasmunsi has not raised this issue. He is on a point of order relating to the Calling Attention raised by Shri Kirit Somaiya and some other Members. According to them, their issue is also equally important and therefore I have gone to that issue. I have already started it. As soon as it is completed, I will permit you to speak.
… (Interruptions)
SHRI BASU DEB ACHARIA : Mr. Speaker, Sir, why should a State subject be raised here? … (Interruptions)
MR. SPEAKER: Shri Basu Deb Acharia, you can raise your objection when the issue is raised in the House.
SHRI ANADI SAHU (BERHAMPUR, ORISSA): Mr. Speaker, Sir, I also went to Danthola. … (Interruptions)
SHRI SUDIP BANDYOPADHYAY(CALCUTTA NORTH WEST) : Mr. Speaker, Sir, an editorial is also published in The Hindustan Times today about this matter.
MR. SPEAKER: I know that this is important. You will be allowed to speak..
… (Interruptions)
MR. SPEAKER: I am going to permit you to speak very soon. Please take your seat.
SHRI PRIYA RANJAN DASMUNSI : Mr. Speaker, Sir, I would like to raise a point of order. Under Rule 197 of the Rules of Procedure and Conduct of Business in Lok Sabha, you are the sole custodian and authority of this House and you are competent to allow any matter to be raised under Calling Attention and no Member has a right to question your competence. I am not questioning that. What I am questioning is, under the Practice and Procedure in Parliament by Kaul and Shakdhar, the procedure is very clear that all Calling Attention matters concerning the Union Government can be taken up. I am not questioning the admissibility of the Calling Attention. The text of the motion says:
“To call the attention of the Minister of Law and Justice to alleged inclusion of bogus voters in the electoral list in Madhya Pradesh and steps taken by the Government in regard thereto.”
Now, article 324 (1) of the Constitution says:
“The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).”
The entire authority in all matters relating to election, as per article 324 of the Constitution, is with the Election Commission. Certainly, the Law Minister can communicate to the House on behalf of the Election Commission. I am not questioning that. But the matter precisely lies with the Election Commission and not with any State Government, be it Madhya Pradesh or any other State. Therefore, I desire and I seek your guidance and ruling as to whether a matter of this nature, which is still being investigated by the Election Commission under article 324 of the Constitution, can be raised in the House through a Calling Attention. I feel that the Union Government and the Law Ministry has no jurisdiction in the matter.
SHRI SOMNATH CHATTERJEE : Mr. Speaker, Sir, the Central Government can do nothing in this matter.
DR. VIJAY KUMAR MALHOTRA (SOUTH DELHI): No; it can intervene. … (Interruptions)
श्री सोमनाथ चटर्जी : बोलो क्या करेगा?
डॉ. विजय कुमार मल्होत्रा: अगर इलैक्शन कमीशन की बात स्टेट नहीं माने तो – the Central Government can give them a directive and the Central Government can dismiss that Government. … (Interruptions) If the Election Commission’s directives are not accepted by them, why can it not be done? … (Interruptions)
: I have heard the point of order very carefully and I have gone through article 324 (1) of the Constitution also. I went through the notice that was given to me and in the notice I do not find any allegation against the Election Commission. There is only a reference to the words ‘Election Commission’, because the orders for preparing the list was given by the Election Commission. The text of the Calling Attention says:
It means that there seems to be some irregularity on the part of the Government of Madhya Pradesh. That is what the Member has said in the notice.