Bhopal Bureau
Summary: Madhya Pradesh’s Rajya Sabha by-election for one seat took a dramatic turn on Tuesday during scrutiny of nomination papers. Congress-backed independent candidate Rajkumar Lohani’s nomination was rejected because the mandatory affidavit, Form-26, was not attached to his papers. Another independent candidate, Kante Sayanna, was also rejected for having no proposer. Meanwhile, Congress MLA Hemant Katare filed three objections against the affidavit of BJP candidate and Union Minister Hardeep Singh Puri. Puri was given time till 5 PM to respond. At the time of writing, no official word had come on the Returning Officer’s decision on those objections.
What happened during scrutiny in the Assembly
Scrutiny of nomination papers took place in the Assembly building on Tuesday afternoon, as per the election schedule fixed for 3 November. During the process, the Returning Officer found that Bhopal social worker Rajkumar Lohani had not attached Form-26, the mandatory affidavit prescribed by the Election Commission, to his nomination. On that ground, his nomination was rejected.
Lohani had filed his papers on 2 November, the last day for nominations. The Congress had announced support for him, and Ater Congress MLA Hemant Katare had become his proposer. Bhopal North MLA Atif Aqeel and several other Congress leaders and workers were present at the time of filing. The Congress had claimed that 10 of its MLAs supported Lohani.
In the same scrutiny, Telangana-based independent candidate Kante Sayanna’s nomination was also rejected. His papers had no proposer, so under the rules his nomination was also treated as invalid. Sayanna had filed as an independent candidate on Saturday.
What Form-26 is, and why its absence leads to rejection
Form-26 is the mandatory affidavit that must be filed along with nomination papers. In it, a candidate must declare criminal background, assets, liabilities and educational qualifications. The Election Commission made this affidavit a compulsory part of the nomination process so that voters get complete information about candidates.
Under the rules, if this affidavit is not attached to the nomination, the papers are treated as incomplete and can be rejected during scrutiny. That is what happened in Lohani’s case. Scrutiny officials cited the absence of Form-26 as the ground for rejection.
The Congress, however, questioned this. Deputy Leader of Opposition Hemant Katare said that if a small error creeps into an independent candidate’s form, the candidate should have been given a chance to correct it. The Congress argued that rejecting papers over a minor lapse was not right. The Returning Officer, however, decided as per the rules.
Three objections against Puri’s affidavit
After Lohani’s rejection, the Congress went on the offensive and filed objections against BJP candidate Hardeep Singh Puri’s nomination. Hemant Katare raised questions on three points in Puri’s affidavit. All of these are allegations made by the Congress, on which the Returning Officer has to decide.
The first objection concerns the name of the spouse and details of property. Katare alleged that Puri hid his wife’s name in the affidavit and left that column blank. The Congress said that giving information about the spouse in the affidavit is mandatory.
The second objection concerns property shown in foreign currency. Katare said that under the rules a candidate must declare assets in Indian currency, but Puri mentioned assets in Swiss francs and dollars. The Congress also alleged that the affidavit does not carry complete details of a Geneva apartment and foreign accounts. Under the rules, property located abroad or money deposited in foreign banks must be declared with both its original foreign value and its exchange rate in Indian rupees.
The third objection concerns the validity of the notarisation process. Katare said that the affidavit filed with nomination papers must be verified before an authorised notary public or oath commissioner, but this process was not followed in Puri’s case. The Congress described this as a violation of notary rules.
Katare demanded that Puri’s nomination should also be rejected. He said that if Lohani’s form could be rejected on the ground of errors, then the BJP candidate’s form should be judged on the same yardstick.
Congress strategy: meeting at Patwari’s residence, then objection in the Assembly
As soon as news of Lohani’s rejection came in, the Congress swung into action. A meeting of senior leaders and lawyers was held at the residence of state Congress president Jitu Patwari. Deputy Leader of Opposition Hemant Katare, MLAs P. C. Sharma, Vivek Tripathi, Atif Aqeel and J. P. Dhanopia were among those present. The legal aspects of the rejection were discussed in the meeting.
After the meeting, a Congress delegation reached the Assembly and filed its objection before the Returning Officer. The Returning Officer sought a reply from Puri and gave him time till 5 PM. At the time of writing, no official information had come on the final decision on this objection.
The BJP side and the position so far
No official reaction from the BJP on the objections had come at the time of writing. Puri was to file his reply before the Returning Officer, but neither that reply nor a decision on it had been officially confirmed when this report was written. That is why the Congress allegations in this report are recorded only as allegations, not as facts.
It is also important to clarify that even after the rejection of Lohani’s and Sayanna’s papers, no formal declaration of Puri’s unopposed victory has been made. The last date for withdrawal of nominations is 5 November. Only if no other valid candidate remains in the field by that date can Puri be declared elected unopposed. No such declaration can be treated as final before that.
Why this seat fell vacant
This Rajya Sabha seat from Madhya Pradesh fell vacant after the resignation of Union Minister L. Murugan. Murugan resigned from Rajya Sabha membership on 13 October. His term was to run till April 2030. After the seat fell vacant, the Election Commission of India announced the by-election schedule on 22 October.
Madhya Pradesh has 11 Rajya Sabha seats in all. Of these, eight are held by the BJP and two by the Congress, while one seat was vacant. The effective strength of the Assembly is 229, so the BJP has a clear numerical advantage in this by-election. That is why Puri’s candidature was already being seen as strong.
What happens next
As per the election schedule, scrutiny of nomination papers was completed on 3 November. Candidates can now withdraw their nominations by 5 November. If more than one valid candidate remains in the field after that, polling will be held on 12 November between 9 AM and 4 PM, and counting of votes will take place the same day at 5 PM. The entire election process must be completed by 16 November.
If Puri remains the only valid candidate in the field by 5 November, he will be declared elected unopposed and polling will not be needed. The Returning Officer’s decision on the Congress objections will decide the direction of this entire process.
Background: what happened on nomination day
The BJP’s central election committee had announced Hardeep Singh Puri as its candidate for the Madhya Pradesh Rajya Sabha by-election on 28 October. Puri filed his nomination on 31 October in the presence of Chief Minister Mohan Yadav and state BJP president Hemant Khandelwal. Before filing, Puri had also visited the Karunadham ashram in Bhopal.
On the other side, the Congress tried on 2 November, the last day, to build a contest by supporting Rajkumar Lohani. Lohani is a resident of the Ghoda Nakkas area of Bhopal’s old city and runs a mobile accessories business. He has studied up to higher secondary level. The Congress fielded him as an independent candidate so that there could be a direct contest against the BJP. But the missing Form-26 dealt a blow to this Congress strategy.
This entire sequence of events has once again brought the Rajya Sabha by-election into the headlines. All eyes are now on the Returning Officer’s decision and the withdrawal deadline of 5 November.
Disclaimer: This news has been prepared on the basis of available sources and verification. If any fact is found incorrect, a correction will be published.
