Bihar Election Watch and Association for Democratic Reforms (ADR) have analyzed the self-sworn affidavits of all 583 candidates who are contesting in the first phase of Bihar assembly elections, 2015.The Association for Democratic Reforms (ADR) was established in 1999 by a group of professors from the Indian Institute of Management (IIM) Ahmedabad. In 1999, Public Interest Litigation (PIL) was filed by them with Delhi High Court asking for the disclosure of the criminal, financial and educational background of the candidates contesting elections. Based on this, the Supreme Court in 2002, and subsequently in 2003, made it mandatory for all candidates contesting elections to disclose criminal, financial and educational background prior to the polls by filing an affidavit with the Election Commission. We give the salient points of the report released today.
Highlights of the Analysis
Criminal Background
• Candidates with Serious Criminal Cases: 130 (22%) candidates have declared serious criminal cases including cases related to murder, attempt to murder, communal disharmony, kidnapping, crimes against women etc.Candidates with Criminal Cases: Out of all the 583 candidates, 174(30%) candidates have declared criminal cases against themselves.
• Candidates with cases related to murder: 16 candidates have declared cases related to murder (Indian Penal Code Section-302). Pradeep Kumar of the Janata Dal (United) (JD(U)) fromWarsaliganj constituency has declared 4 charges related to murder while rest of the candidates face one charge each. 7 Independent candidates have declared cases related to murder.
• Candidates with cases related to Attempt to Murder: 37 candidates have declared cases ofattempt to murder (IPC Section-307). Ramswarup Yadav, an Independent candidate from Hisuaconstituency faces 5 charges related to attempt to murder. 1 candidate fielded by Bahujan Samaj Party (BSP), 1 by Bharatiya Janata Party (BJP), 3 by JD(U), 1 by Jan Adhikar Party (Loktantrik) (JAP(L)) along with 1 Independent candidate have each declared 2 charges related to attempt to murder.
• Candidates with cases related to Crimes against Women: 11 candidates have declared cases related to crimes against women. Nityanand Kumar, an Independent candidate from Suryagarhaconstituency and Rajiiv Nayak, an Independent candidate from Jamalpur constituency have each declared1 charge related to rape (IPC Section-376) against them. Suman Kumar Singh, an Independentcandidate from Kahalgaon constituency has declared an offence of dowry death (IPC Section-304B).
• Candidates with cases related to causing Communal Disharmony: 2 candidates have declared cases relating to causing communal disharmony. Shakuni Choudhary of Hindustani Awam Morcha (Secular) from Tarapur constituency has declared a case related to injuring or defiling place of worship with intent to insult the religion of any class (IPC Section-295). Rambalak Singh ofJD(U) from Bibhutipur constituency has declared a case related to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony (IPC Section-153A).
•Candidates with cases related to Robbery and Dacoity: 5 candidates have declared cases related to robbery and dacoity. Ram Lakhan Singh of BJP from Teghra constituency has declared 1charge each related to making preparation to commit dacoity (IPC Section-399) and assembling for purpose of committing dacoity (IPC Section – 402). Baiju Kumar Rai, an Independent candidate,from Ujiarpur constituency has declared 1 charge each related to dacoity (IPC Section-395), making preparation to commit dacoity (IPC Section-399) and voluntarily causing hurt in committing robbery (IPC Section – 394).
• Candidates with cases related to Kidnapping: 9 candidates have declared cases related toKidnapping. 5 candidates have declared offence related to kidnapping or abducting with intent secretly and wrongfully to confine person (IPC Section-365), and 4 candidates have declared offence related to kidnapping or abducting in order to murder (IPC Section-364). 5 candidates have declared more than 1 charge related to kidnapping against themselves.
• Party wise Candidates with Criminal Cases: 14 (52%) out of 27 candidates from BJP, 14 (56%) out of 25 candidates from Communist Party of India (CPI), 8 (20%) out of 41 candidates fromBSP, 11 (46%) out of 24 candidates fielded by JD(U), 9 (50%) out of 18 candidates from Samajwadi Party (SP), 8 (47%) out of 17 candidates of Rashtriya Janata Dal (RJD), 6 (75%) out of 8 candidates fielded byIndian National Congress (INC), 8 (62%) out of 13 candidates of Lok Janshakti Party (LJP) along with 8 (67%) out of 12 candidates of the Communist Party of India (Marxist) (CPI(M)) and 45 (23%)out of 192 Independent candidates have declared criminal cases against themselves in their affidavits.
• Party wise Candidates with Serious Criminal Cases: 10 (37%) out of 27 candidates fromBJP, 7 (28%) out of 25 candidates from CPI, 6 (15%) out of 41 candidates from BSP, 9 (38%) out of 24candidates fielded by JD(U), 7 (39%) out of 18 candidates from SP, 6 (35%) out of 17 candidates of RJD, 4 (50%) out of 8 candidates fielded by INC, 6 (46%) out of 13 candidates of LJP along with 5 (42%) out of 12 candidates of the CPI(M) and 38 (20%) out of 192 Independent candidates have declared criminal cases against themselves in their affidavits.
•Red Alert Constituencies*: 37 constituencies in the first phase of Bihar assembly elections have 3 or more candidates with declared criminal cases.
*Red Alert Constituencies are those which have 3 or more candidates with criminal cases contesting elections.
Financial Background
• Crorepati Candidates: Out of the 583 candidates, 146 (25%) are crorepatis.
• Party wise Crorepati Candidates: 18 (67%) out of 27 fielded by BJP, 19 (79%) out of 24 candidates from JD(U), 11 (65%) out of 17 candidates from RJD, 6 (33%) out of 18 candidates fielded by SP, 6 (75%) out of 8 candidates of INC, 8 (62%) out of 13 candidates of LJP, 3(7%) out of 41 candidates of BSP and 42 (22%) out of 192 Independent candidates have declared assets worth more than Rs. 1 crore.
• Average Assets: The average of assets per candidate contesting in the first phase of Bihar assembly elections is Rs.1.44 crores.
• Party wise Average Assets: Among major parties, the average assets per candidate for 27 BJP candidates is Rs 2.15 crores, 41 BSP candidates have average assets of Rs 1.63 crores, 24 JD(U) candidates have average assets worth of Rs 4.63 crores, 8 INC candidates have average assets worth Rs 8 crores, 17 RJD candidates have average assets worth of Rs 4.08 crores, the average assets per candidate for 18 SP candidates is Rs 78.27 lakhs, 13 LJP candidates have average assets of Rs 2.7 crores and 192 Independent candidates have average assets of Rs. 1.23 crores.
