Crucial battle for 4 RS seats today; all parties issue whips

Sanjeev Pargal

JAMMU, Feb 6: The PDP-BJP combine would face its first test tomorrow when elections will be held for four seats of Rajya Sabha, where the stakes were high not only for the two newly formed alliance partners but for present Leader of Opposition in Rajya Sabha and Congress veteran Ghulam Nabi Azad, who is contesting the election with the backing of National Conference.
All political parties-PDP, BJP, NC and Congress, whose seven candidates were in fray for four Rajya Sabha seats, have issued whips to their party MLAs to vote in favour of their candidates.
As results of the elections will be declared tomorrow around 7 pm after counting starts at 5 pm, the BJP would create history by sending its first ever leader to the Rajya Sabha from Jammu and Kashmir. The victory of BJP leader Shamsher Singh Manhas, former State party chief and PDP leader Mir Mohammad Fayaz, who were contesting elections on two safe seats for PDP-BJP combine against Notification Nos. 1 and 2 was certain as they were facing token contest from the NC candidates-Nasir Aslam Wani and Sajjad Ahmad Kitchloo.
Official sources told the Excelsior that keen contest would be witnessed on election for remaining two seats of Rajya Sabha against Notification No. 3 where Azad is pitted against BJP’s Chander Mohan Sharma and PDP’s Nazir Ahmad Laway.
While PDP-BJP combine has confirmed support of 57 MLAs, whose votes had to be divided between the two candidates, Azad has the backing of 28 MLAs including 15 from NC, 12 Congress and one from CPM (Mohammad Yusuf Tarigami). Two Independent MLAs-Hakim Mohammad Yasin and Engineer Abdul Rashid were undecided though Congress has claimed the support of Yasin and their vote could tilt the balance for fourth seat.
Sources said the PDP would safely win the seat against Notification No. 1 where its candidate Mir Mohammad Fayaz was pitted against NC’s Sajjad Ahmad Kitchloo as PDP-BJP on their own have 53 MLAs while maximum votes required for victory on single seat voting were 44. NC-Congress candidate (Kitchloo) was likely to get 27 or 28 votes.
Similarly, BJP candidate Shamsher Singh Manhas would sail easily through to the Rajya Sabha with minimum 53 or even more votes against Notification No. 2, where he is pitted against NC-Congress joint nominee Nasir Aslam Wani.
However, the PDP-BJP combine would face real test on Notification No. 3, where two seats would go to polls and decide the fate of Azad, Chander Mohan Sharma (BJP) and Nazir Ahmad Laway (PDP).
According to sources, the PDP-BJP combine has confirmed support of 57 MLAs including 28 of PDP, 25 of BJP, two of People’s Conference and two Independent candidates-Bakir Hussain Rizvi (Zanskar) and Pawan Gupta (Udhampur). These votes have to be divided between two candidates. Azad has support of 28 candidates-15 of NC, 12 of Congress and one of CPM (Mohammad Yusuf Tarigami). However, support of two Independent candidates-Hakim Mohammad Yasin and Engineer Rashid could decide the fate of Azad and one of the two candidates of PDP and BJP.
While out of two candidates of BJP-PDP combine (Chander Mohan Sharma and Nazir Ahmad Laway) one is sure to win, one of them could lose if Azad managed support of two Independents-Hakim Yasin and Engineer Rashid, which would take his votes to 30.
However, if all three candidates are tied at 29 each, the election has to be referred to the Election Commission for decision as there was no provision with the Returning Officer to take a decision in such a situation.
“If there is a tie between two candidates, the election is decided by draw of lots as had happened in 2009 Legislative Council elections when Vijay Bakaya (NC) and Ghulam Nabi Monga (Congress) were tied at 16 and Bakaya was declared winner through draw of lots. However, there is no provision in the Election Law in J&K if there was tie among three candidates,” sources said, adding the Returning Officer in that situation would refer the matter to the Election Commission, which will take a decision on the process to be adopted for the two winners.
Meanwhile, as reported, PDP-BJP have reached consensus on shifting one or two votes depending upon the situation developing tomorrow during the elections to see to it that they win all four seats as they were sure of three. If the PDP-BJP win fourth seat, it would mean that Azad will lose.
Meanwhile, all political parties-PDP, BJP, NC and Congress have issued whips to their party MLAs to vote for the party candidates.
In another development, Independent MLA from Udhampur and BJP rebel Pawan Gupta met BJP general secretary Ram Madhav during which the BJP high command agreed to address the grievances of Gupta. However, Gupta said that he was yet undecided on voting.
Ram Madhav, who had come here to discuss party strategy for the Rajya Sabha elections, left for New Delhi today. The PDP and BJP, in separate meetings yesterday, had devised the strategy for the Rajya Sabha elections while NC and Congress discussed the strategy today.
The Congress leaders including Azad and PCC (I) chief Prof Saif-ud-Din Soz met the Congress leaders to discuss the party strategy for the elections.
Speaking to reporters after the meeting, Azad charged the BJP with adopting “undemocratic, unethical and illegitimate” tactics to subvert democracy and win the Rajya Sabha elections by manipulations. He charged that the MLAs were being chased by the IPS officers to garner support for the BJP candidates, which was “unprecedented and dangerous”.
“I know the officers, who are chasing the MLAs to seek support for the BJP and their names will be forwarded to the Election Commission of India and Governor NN Vohra,” Azad said, adding he was confident that concerned authorities will take action to maintain credibility and sanctity of democratic exercise.
Speaking to reporters, Prof Soz expressed confident about the victory of Azad. He said not only the NC-Congress but even Independent MLAs would vote for Azad.
The Rajya Sabha election is crucial for both PDP-BJP and NC-Congress combine. While this would be first test of PDP-BJP ahead of the Government formation, Azad’s prestige is at stake as he would lose the status of Leader of Opposition in Rajya Sabha ceased to be an MP if he was defeated tomorrow. He had lost Lok Sabha elections from Udhampur-Doda seat last year to BJP’s Dr Jitendra Singh.