Press Release : Madhya Pradesh Assembly Bye Elections 2020 : Analysis of Criminal Background, Financial, Education, Gender and other Details of Candidates

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Oct 25, 2020, 1:20:38 AM10/25/20

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Press Release

25th October, 2020

Dear Friends,

The Madhya Pradesh Election Watch and Association for Democratic Reforms (ADR) have analysed the self-sworn affidavits of all 355 candidates, who are contesting in the Madhya Pradesh Assembly Bye-election to be held in following 28 constituencies on 03^rd November, 2020.

The full reports in English and Hindi can be accessed on our website here: https://adrindia.org/content/madhya-pradesh-legislative-assembly-bye-election-03rd-november-2020-analysis-criminal

Summary and Highlights

Criminal Background

Candidates with Criminal Cases: Out of 355 candidates analyzed, 63 (18%) candidates have declared criminal cases against themselves.
Candidates with Serious Criminal Cases: 39(11%) have declared serious criminal cases against themselves.

Figure: Party Wise Candidates with Criminal Cases

Party wise Candidates with Criminal Cases: Among the major parties, 14(50%) out of 28 candidates analysed from INC, 12(43%) out of 28 candidates analysed from BJP, 8 (29%) out of 28 candidates analysed from BSP, 4 (29%) out of 14 candidates analysed from SP and 16 (9%) out of 178 Independent candidates have declared criminal cases against themselves in their affidavits.
Party wise Candidates with Serious Criminal Cases: Among the major parties, 6(21%) out of 28 candidates analysed from INC, 8(29%) out of 28 candidates analysed from BJP, 3 (11%) out of 28 candidates analysed from BSP, 4 (29%) out of 14 candidates analysed from SP and 13 (7%) out of 178 Independent candidates have declared serious criminal cases against themselves in their affidavits.
Candidates with declared cases related to murder: 1 candidate has declared case related to murder (IPC Section-302) against himself.
Candidates with declared cases related to attempt to murder: 7 candidates have declared cases related to Attempt to murder (IPC Section-307) against themselves.
Red Alert Constituencies*: 10 (36%) out of 28 constituencies are Red alert constituencies. Red alert constituencies are those where 3 or more contesting candidates have declared criminal cases against themselves.
The directions of the Supreme Court have had no effect on the political parties in selection of candidates as they have again followed their old practice of giving tickets to around 18% candidates with criminal cases. All major parties contesting in Madhya Pradesh bye elections have given tickets to 25 % to 50% candidates who have declared criminal cases against themselves. The Supreme Court in its directions dated 13th February, 2020 had specifically instructed political parties to give reasons for such selection and why other individuals without criminal antecedents could not be selected as candidates. As per these mandatory guidelines, the reasons for such selection has to be with reference to qualifications, achievements and merit of the candidate concerned. Therefore, such unfounded and baseless reasons given by political parties like popularity of the person, does good social work, cases are politically motivated etc are not sound and cogent reasons for fielding candidates with tainted backgrounds. This data clearly shows that political parties have no interest in reforming the electoral system and our democracy will continue to suffer at the hands of lawbreakers who become lawmakers.

Financial Background

Figure: Share of Wealth among the Contesting Candidates

Share of wealth among candidates: The share of wealth amongst the candidates contesting in the Madhya Pradesh assembly bye elections 2020 is as follows:

Value of assets (Rs.)	Number of candidates	Percentage of Candidates
5 cr and above	15	4%
2 crores to 5 crores	25	7%
50 lakhs to 2 crores	77	22%
10 lakhs to 50 lakhs	100	28%
less than 10 lakhs	138	39%

Table: Share of wealth amongst contesting candidates

Crorepati Candidates: Out of the 355 candidates, 80(23%) are crorepatis.
Party wise Crorepati Candidates: Among the major parties 23(82%) out of 28 candidates analysed from BJP, 22(79%) out of 28 candidates analysed from INC, 13(46%) out of 28 candidates analysed from BSP, 2(14%) out of 14 candidates analysed from SP and 14 (8%) out of 178 Independent candidates have declared assets worth more than Rs. 1 crore.

Figure: Party Wise Percentage of Crorepati Candidates

Average assets: The average of assets per candidate contesting in the Madhya Pradesh Assembly Bye Elections 2020 is Rs 1.10 Crores.
Party wise average assets: Among major parties, the average assets per candidate for 28 INC candidates analysed is Rs. 5.82 crores, 28 BJP candidates analysed is Rs 3.17 crores, 28 BSP candidates have average assets of Rs 1.56 crores, 14 SP candidates have average assets of Rs. 33.87 lakhs and 178 Independent candidates have average assets of Rs. 32.10 lakhs.

High asset candidates: The details of top 3 candidates with highest declared assets, contesting in the Madhya Pradesh Assembly Bye Elections are given below:

S.No.	Name	District	Constituency	Party Name	Movable Assets (Rs)	Immovable Assets (Rs)	Total Assets (Rs)	PAN Given
1	Premchand Guddu	INDORE	SANWER : BYE ELECTION ON 03-11-2020	INC	25,25,60,821	61,71,16,750	86,96,77,571 86 Crore+	Y
2	Dr.susheel Kumar Prasad	RAJGARH	BIAORA : BYE ELECTION ON 03-11-2020	Bhartiya Amrit Party	32,45,066	14,85,00,000	15,17,45,066 15 Crore+	Y
3	Rajvardhan Singh Dattigaon	DHAR	BADNAWAR : BYE ELECTION ON 03-11-2020	BJP	3,30,24,821	10,15,00,000	13,45,24,821 13 Crore+	Y

Table: Top three candidates with highest declared assets

Low assets candidates: The details of three candidates with lowest assets are as follows:

S.No.	Name	District	Constituency	Party Name	Movable Assets (Rs)	Immovable Assets (Rs)	Total Assets (Rs)	PAN Given
1	China Begam	GWALIOR	GWALIOR : BYE ELECTION ON 03-11-2020	Peoples Party of India (Democratic)	3,000	0	3,000 3 Thou+	Y
2	Saurav Vyas	MORENA	DIMANI : BYE ELECTION ON 03-11-2020	IND	7,000	0	7,000 7 Thou+	Y
3	Shekh Jakir Shekh	KHANDWA	MANDHATA : BYE ELECTION ON 03-11-2020	IND	10,000	0	10,000 10 Thou+	Y

Table: Candidates with declared lowest assets

Candidates with high liabilities: 113(32%) candidates have declared liabilities in their affidavits. The details of top three candidates with highest liabilities are given below:

S.No.	Name	District	Constituency	Party Name	Total Assets(Rs)	Liabilities (Rs)	PAN Given
1	Dr.susheel Kumar Prasad	RAJGARH	BIAORA : BYE ELECTION ON 03-11-2020	Bhartiya Amrit Party	15,17,45,066 15 Crore+	2,25,00,000 2 Crore+	Y
2	Phool Singh Baraiya	DATIA	BHANDER (SC) : BYE ELECTION ON 03-11-2020	INC	2,28,29,166 2 Crore+	1,98,56,977 1 Crore+	Y
3	Rajvardhan Singh Dattigaon	DHAR	BADNAWAR : BYE ELECTION ON 03-11-2020	BJP	13,45,24,821 13 Crore+	1,80,46,201 1 Crore+	Y

Table: Top three candidates with highest liabilities

Candidates with high income as declared in the ITR*: The details of top 3 candidates with high income declared in ITR are given below:

S.No.	Name	Party Name	Constituency	District Name	Total Asset (Rs)	Self Source of Income	Spouse's Source of Income	The financial year for which the last income tax return has been filed by candidate	Total income shown by candidate in ITR (Self+Spouse+Dependent) (Rs)	Self income shown by candidate in ITR (Rs)
1	Dr. Prabhuram Choudhary	BJP	SANCHI : BYE ELECTION ON 03-11-2020	RAISEN	9,23,01,436 9 Crore+	Agriculture & Petrol Pump (Berasiya Dist Bhopal)	Government Service (Doctor, J.P. Hospital, Bhopal)	2019-2020	98,73,520 98 Lacs+	84,04,090 84 Lacs+
2	Uttampal Singh	INC	MANDHATA : BYE ELECTION ON 03-11-2020	KHANDWA	9,88,17,046 9 Crore+	Agriculture	Agriculture, Income from Samarath Singaji Petrol Pump, Director of Purni Infra India P.Ltd	2018-2019	87,15,292 87 Lacs+	30,28,190 30 Lacs+
3	Engineer Pooran Singh Ahirwar	BSP	SANCHI : BYE ELECTION ON 03-11-2020	RAISEN	3,82,55,000 3 Crore+	Pensioner, Business, Agriculture	NA	2019-2020	68,34,849 68 Lacs+	49,34,849 49 Lacs+

Table: Top 3 candidates with highest income as declared in ITR

Candidates with high Assets who have not declared Income Tax Details*: 6 candidates with assets worth more than Rs. 2 Crores have not declared Income Tax details. The details of these 6 candidates with highest assets who have not declared their IT returns are as given below:

S.No.	Name	District	Constituency	Party Name	Total Income (Rs)	Total Assets (Rs)	PAN Given	Self Income
1	Kamalsing Patel	DHAR	BADNAWAR : BYE ELECTION ON 03-11-2020	INC	0	6,73,03,716 6 Crore+	Y	ITR not filed
2	Jitendra Singh	KHANDWA	MANDHATA : BYE ELECTION ON 03-11-2020	IND	0	5,61,80,000 5 Crore+	Y	ITR not filed
3	Rajendra Singh Kansana(randha)	MORENA	DIMANI : BYE ELECTION ON 03-11-2020	BSP	0	4,11,03,692 4 Crore+	Y	ITR not filed
4	Narayan Singh Patel	KHANDWA	MANDHATA : BYE ELECTION ON 03-11-2020	BJP	0	3,04,91,812 3 Crore+	Y	ITR not filed
5	Rajesh Malviya	INDORE	SANWER : BYE ELECTION ON 03-11-2020	IND	0	2,39,40,000 2 Crore+	Y	ITR not filed
6	Hemant Rampure	GWALIOR	GWALIOR EAST : BYE ELECTION ON 03-11-2020	Peoples Party of India (Democratic)	0	2,07,28,000 2 Crore+	Y	ITR not filed

Table: Top 6 candidates with highest assets who have not declared ITR details

* Some candidates may be exempted from filing Income Tax Returns

Undeclared PAN: A total of 48(14%) candidates have not declared their PAN details.

Other Background Details

Education details of candidates: 195 (55%) candidates have declared their educational qualification to be between 5^th and 12^thstandard while 131 (37%) candidates have declared having an educational qualification of graduate or above. 21 candidates have declared themselves to be just literates and 4 candidates are illiterate.
Age details of candidates: 158(45%) candidates have declared their age to be between 25 to 40 years while 160 (45%) candidates have declared their age to be between 41 to 60 years. There are 37(10%) candidates who have declared their age to be between 61 to 80 years.
Gender details of candidates: 22(6%) female candidates are contesting in the Madhya Pradesh assembly Bye election 2020.

Recommendations of ADR:

To remedy the existing problem of criminalization is to immediately act upon the plausible solutions offered by various committees, civil society and citizens. The Supreme Court of India being the ultimate custodian of “Justice and Rule of Law” should reprimand political parties and politicians for their complete lack of will, reprehensible predilection and absence of required laws.
Permanent disqualification of candidates convicted for heinous crimes like murder, rape, smuggling, dacoity, kidnapping etc.
Disqualification of persons from contesting elections to the public offices against whom charges have been framed for having committed serious criminal offences punishable by imprisonment of at least 5 years, and the case is filed at least 6 months prior to the election in question.
Cancellation of tax exemptions given to the political parties who field such tainted candidates.
Bringing political parties under the Right to Information Act.
De-register and de-recognise any political party if it knowingly puts up a candidate with a tainted background.
Political party should annually file the information on criminal antecedents of their Office Bearers and make such records available to the public, including NIL records.
Disqualification of candidates furnishing false information in the election affidavit (Form 26).
Ensure trial of cases in which the politicians are accused to be concluded in a time bound manner.
Implementation of SC judgment dated 23^rd September, 2013 (i.e provision of NOTA buttons on the EVMs) in its letter and spirit by ensuring a) if NOTA gets more votes than any of the candidates, none of the candidates should be declared elected, and a fresh election should be held; b) in the fresh election, none of the candidates in the earlier election, in which NOTA got the highest number of votes, should be allowed to contest.