Subhash Chandra claimed that Congress and INLD legislators did not want vote in favour of a candidate who was outside Haryana.
Winning Independent candidate Subhash Chandra today appeared before the Election Commission, which is holding an inquiry into the 'ink' row surrounding the Rajya Sabha elections in Haryana, as opponent RK Anand claimed that there were telephone calls exchanged between the Returning Officer and the media baron's poll agent prior to the polls.
Mr Chandra said his opponents have alleged that BJP and a ruling party legislator replaced the pen, resulting in rejection of votes of Congress legislators on the ground that 12 votes were marked with a different pen ink.
"Today, I presented before Election officer (Haryana's Chief Electoral Officer who heard the two sides) many media reports between May 31-June 10, which established in a clear cut manner that 15 out of 17 MLAs of Congress (including two HJC MLAs) did not want to cast vote in favour of my worthy opponent (Anand).
"Still, a whip was issued by the Congress, which was illegal, asking MLAs to vote for Anand. Under the Representation of the People Act, it is illegal to issue such whips in case of Presidential elections and in Rajya Sabha polls. We have complained to EC in this regard that action be taken against the party and its office bearers. According to ECI circular, issuing such whip is punishable under IPC 171-C," Mr Chandra told reporters after the three-hour inquiry proceedings.
He claimed that Mr Anand and the Congress leaders have pointed out a sequence, saying "particular votes were cancelled, which amounts to breach of secrecy and we have demanded that action be taken in this case."
Meanwhile, Independent candidate Mr Anand, who was backed by opposition parties INLD and Congress, asked EC to go into depth of whole matter, claiming 26 phone conversations had been exchanged between Returning Officer of the Rajya Sabha polls and Mr Chandra's election agent VK Mohan.
"Phone calls have been made even late in the evenings also. The phone calls were made on dates including June 5, 7 and on June 10, Chandra came and met Returning Officer in the Vidhan Sabha secretariat," Mr Anand alleged.
Asked to comment on charges with regard to telephonic conversation, Mr Chandra said, "If my opponent had asked me, we would have supplied call records to him. But, I want to make one thing clear, we are a corporate house, a business house. I put Mr Mohan in charge of my elections, he is lawyer by profession. He was particular and careful about small things thinking he was handling a big election. He has been calling and taking guidance (from RO).
"I also talked to RO on 3-4 occasions. What is wrong in that? Our opponent has alleged that I was in Vidhan Sabha on June 10 and took photos of pen with which votes were to be cast. I want to state that I never went to Vidhan Sabha on that date, all this is baseless," Mr Chandra said.
Returning Officer RK Nandal, who is also Haryana Vidhan Sabha Secretary, said he does not recall how many calls were made to him by Mr Mohan.
"If RK Anand or anyone else would have called, I would have attended these (calls) also," Mr Nandal told reporters.
However, Mr Anand, who was accompanied by Haryana Congress president Ashok Tanwar, said, "I want to ask why Nandal should talk to candidate or his election agent. I have details of phone recordings. If RO had talked, it was his duty to bring the matter on record. I pointed out that an ARO had also talked to Mohan. Also, have you ever seen RO sending an SMS to authorised agent of Chandra. Is this an election or what, due to these bunglings, we have sought the polls for this seat be countermanded."
To a question, Mr Anand said the present RO was a "political appointee" and the Election Commission of India should have put on duty an IAS officer to conduct Rajya Sabha polls.
About today's proceedings, Mr Anand said, "the inquiry officer heard my and Mr Chandra's arguments, the statements were video-recorded. Today, it was the last meeting here."
Notably, some Congress workers also held a protest outside the Vidhan Sabha building complex in Chandigarh where the inquiry was being conducted.
The Congress workers raised slogans against the BJP government, alleging that "bunglings had taken place in the polls" and demanded these be countermanded.
Mr Tanwar questioned why only phone conversations were made between Mr Chandra's agent and RO.
"Why don't we have any conversation between Anand and RO or (Union Minister) Birender Singh (winning candidate on another seat) or RO? From the beginning, we have been saying it is a big conspiracy. There is no doubt that pen was changed and 12 votes were cancelled on this ground, the whole thing raises a big question mark on the fairness of these polls," Mr Tanwar told reporters.
Mr Chandra, meanwhile, claimed that Congress and INLD legislators did not want vote in favour of a candidate (Anand) who was outside Haryana.
"They wanted to cast vote in my favour. Moreover, I had appealed 76 out of 90 MLAs to cast vote in my favour," he claimed.
Commenting on another pen which was initially found kept near the voting area, Mr Chandra said, "We also said today that the same pen had been pointed out by state BJP president Subhash Barala and not anyone else (not the opposition)".
Mr Chandra also claimed that it was on record that Congress' senior leader and legislator Randeep Surjewala's vote had been cancelled on the grounds that he had shown it to his party legislator Kiran Choudhary, who was neither his nor his party's election agent, thus making it invalid.
Besides Mr Surjewala, Congress authorised poll agent was BK Hariprasad.
"Video footage also clearly shows that Surjewala was talking to all Congress MLAs, barring Hooda, when they were casting vote. What was this conversation, we have demanded from the EC authorities that it should be made clear," Mr Chandra said.
Giving a clean chit to Congress legislators, Mr Anand said, "A pen lying on the table inside the booth is presumed to be genuine and we cannot blame any Congress legislators."
On another pen which was initially found kept near the polling area, Mr Anand said, "BJP's Subhash Barwala handed over the pen to ARO, but there was no mention about it on record."
"Votes cast between Aseem Goel and Jai Prakash are cancelled, what does this indicate? Surjewala's vote is rejected and BS Hooda's vote is left blank, still I should have got 33 votes," he said.