A recent report by Association for Democratic Reforms (ADR) in which it has analyzed affidavits of 225 MLAs submitted in 2013 assembly elections has claimed that 28 MLAs from ruling BJP, 12 from Congress, 1 from BSP and 2 independent legislators are being tried for serious offenses.
Sitting BJP MLA and Minister Jaibhan Singh Pawaiya, KP Singh of Congress and Manawar legislator Ranjana Baghel are among those public representatives who have been booked for a criminal offense. ADR has found that BJP’s Pawaiya and Congress’ Singh have been charged under section IPC section 395 that is related to dacoity, while Manawar MLA Ranjana Baghel has been booked under IPC section 171 C ( undue influence at elections).
The analysis by the ADR and MP Election Watch found that 68 MLAs accounts for 30% of the total public representatives who have declared criminal cases against them in their affidavit.
As opposed to 2008, there was a rise of 4% in the candidates contesting with offenses in 2013. In all 43 MLAS which constitutes 19% had declared serious offenses against them. In 2008, 26 MLAs declared serious offenses. Party wise analysis reveals that 44 MLAs out of total 162 (in 2013) of the BJP were facing serious criminal charges. In Congress, 28 out of total 56 MLAs were charged with criminal offenses. All charges included in the punishment of more than 5 years and come under serious offenses.
Most of the charges levied on these MLAs are of non-bailable offenses. The crimes are mainly related to elections, murder, kidnapping etc… Most of the MLAs have been charged with Section 332, charges related to voluntary causing hurt to deter public servant from his duty, IPC 506 charges related to criminal intimidation, IPC 147 related to rioting, IPC 148 rioting armed with a deadly weapon and Section 294 related to obscene.
Some of the other names against whom there are charges of criminal offenses are Biswas Sarang, Jamal Singh Patel, Lal Singh Arya, Sanjay Satyendra Pathak, Rajendra Shukla, Jaybhan Singh Pawaiah, Harsh Singh.
In the wake of upcoming assembly elections, the Supreme Court has ordered that each candidate, after filling the nomination has to advertise about their criminal records in their constituency. This advertisement can be done through print or electronic media or both. Apart from this, every political party has to post on their website as to which of their candidates have pending criminal cases and charges against them.