Press Release: Odisha Assembly Elections 2024 Phase IV: Analysis of Criminal Background, Financial, Education, Gender and other Details of Candidates

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May 23, 2024, 4:48:14 AMMay 23

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Press Release

Date: May 23, 2024

Dear Friends,

The Odisha Election Watch and Association for Democratic Reforms (ADR) have analysed the self-sworn affidavits of all 394 candidates, who are contesting in the Odisha Assembly Elections 2024 Phase IV.

The full reports in English and Hindi can be accessed here: https://adrindia.org/content/analysis-criminal-background-financial-education-gender-and-other-details-candidates-89

Summary and Highlights

Criminal Background

Candidates with Criminal Cases: Out of 394 candidates analyzed, 96 (24%) candidates have declared criminal cases against themselves.

Candidates with Serious Criminal Cases: 88(22%) have declared serious criminal cases against themselves.

Candidates with cases related to Attempt to Murder: 17 candidates have declared cases related to attempt to murder (IPC Section 307) against themselves.

Candidates with cases related to Crime Against Women: 20 candidates have declared cases related to crime against women. Out of 20 candidates 2 candidates have declared charges related to rape (IPC Section-376).

Party wise Candidates with Criminal Cases: Among the major parties,28(67%) out of 42 candidates analysed from BJP, 2(67%) out of 3 candidates analysed from CPI, 1(33%) out of 3 candidates analysed from CPI(M), 13(31%) out of 42 candidates analysed from BJD and 11 (26%) out of 42 candidates analysed from INC have declared criminal cases against themselves in their affidavits.

Party wise Candidates with Serious Criminal Cases: Among the major parties,2(67%) out of 3 candidates analysed from CPI, 27(64%) out of 42 candidates analysed from BJP, 1(33%) out of 3 candidates analysed from CPI(M), 9(21%) out of 42 candidates analysed from BJD and 9 (21%) out of 42 candidates analysed from INC have declared serious criminal cases against themselves in their affidavits.

Figure: Party Wise Percentage of Candidates with Criminal Cases

Red Alert Constituencies*: 14(33%) out of 42 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 in the Odisha Assembly Elections Phase IV as they have again followed their old practice of giving tickets to around 24% candidates with criminal cases. All major parties contesting in Odisha Elections Phase 4 have given tickets from 26 % to 67 % 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. During the recent 5 State Assembly elections held in 2023, it was observed that political parties gave unfounded and baseless reasons like popularity of the person, does good social work, cases are politically motivated etc. These 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 Odisha assembly elections 2024 Phase IV is as follows:

Value of assets (Rs.)	Number of candidates	Percentage of Candidates
Rs. 5 crores and above	41	10%
Rs. 2 crores to Rs. 5 crores	36	9%
Rs. 50 lakhs to Rs. 2 crores	88	22%
Rs. 10 lakhs to Rs. 50 lakhs	81	21%
less than Rs. 10 lakhs	148	38%

Table: Share of wealth amongst contesting candidates

Crorepati Candidates: Out of the 394 candidates, 121 (31%) are crorepatis.

Party wise Crorepati Candidates: The role of money power in our elections is evident from the fact that all major political parties give tickets to wealthy candidates. Among the major parties 37(88%) out of 42 candidates analysed from BJD, 30(71%) out of 42 candidates analysed from BJP, 21(50%) out of 42 candidates analysed from INC, 1(33%) out of 3 candidates analysed from CPI and 1(33%) out of 3 candidates analysed from CPI(M) have declared assets valued more than Rs 1 crore.

Figure: Party Wise Percentage of Crorepati Candidates

Average assets: The average of assets per candidate contesting in the Odisha Assembly Elections 2024 Phase IV is Rs 2.62 Crore.

Party wise average assets: Among major parties, the average assets per candidate for 42 BJD candidates analysed is Rs. 11.09 Crores, 42 INC candidates analysed is Rs 5.49 Crores, 42 BJP candidates have average assets of Rs 3.86 Crores, 3 CPI(M) candidates have average assets of Rs 1.10 Crores and 3 CPI candidates have average assets worth Rs. 43.31 Lakhs.

High asset candidates: The details of top 3 candidates with highest declared assets, contesting in the Odisha Assembly Elections PHASE IV are given below:

S.No.	Name	District	Constituency	Party Name	Movable Assets (Rs)	Immovable Assets (Rs)	Total Assets (Rs)	PAN Given
1	Subasini Jena	Balasore	Basta	BJD	47,52,75,534	87,65,11,950	1,35,17,87,484 135 Crore+	Y
2	Subasini Sahoo	Balasore	Simulia	BJD	1,40,41,145	90,35,19,951	91,75,61,096 91 Crore+	Y
3	Niranjan Patnaik	Bhadrak	Bhandaripokhari	INC	18,52,52,977	68,05,50,969	86,58,03,946 86 Crore+	Y

Table: Top three candidates with highest declared assets

Zero assets candidates: There are 2 candidates who have declared zero assets.

S.No.	Name	District	Constituency	Party Name	Movable Assets (Rs)	Immovable Assets (Rs)	Total Assets (Rs)	PAN Given
1	Sanjay Kumar Das	Bhadrak	Dhamnagar (SC)	IND	0	0	0	Y
2	Gopal Krushna Mohanty	Jajpur	Korei	Ambedkarite Party of India	0	0	0	Y

Table: Zero Assets Candidates

Low assets candidates: The details of three candidates with lowest assets (excluding zero assets candidates) are as follows:

S.No.	Name	District	Constituency	Party Name	Movable Assets (Rs)	Immovable Assets (Rs)	Total Assets (Rs)	PAN Given
1	Benudhar Mohapatra	Mayurbhanj	Udala (ST)	IND	645	0	645 6 Hund+	Y
2	Jharanarani Jena	Balasore	Basta	IND	1,000	0	1,000 1 Thou+	Y
3	Gopal Krushna Behera	Puri	Nimapara	Jai Maha Bharath Party	2,671	0	2,671 2 Thou+	Y

Table: Candidates with declared lowest assets

Candidates with high liabilities: 226(57%) 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)	Disputed liabilities (Rs)	PAN Given
1	Subasini Jena	Balasore	Basta	BJD	1,35,17,87,484 135 Crore+	29,24,46,695 29 Crore+	59,30,866 59 Lacs+	Y
2	Niranjan Patnaik	Bhadrak	Bhandaripokhari	INC	86,58,03,946 86 Crore+	20,76,00,000 20 Crore+	0	Y
3	Sanjib Kumar Mallick	Bhadrak	Bhandaripokhari	BJD	38,52,06,563 38 Crore+	14,19,07,154 14 Crore+	0	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 Assets (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	Subasini Jena	BJD	Basta	Balasore	1,35,17,87,484 135 Crore+	Business Receipts, Rental Income & Salary	Business Receipts, Rental Income & Pension	2022-2023	3,62,72,174 3 Crore+	89,74,360 89 Lacs+
2	Sanjib Kumar Mallick	BJD	Bhandaripokhari	Bhadrak	38,52,06,563 38 Crore+	Trading Business, House Rent and MLA Salary	Trading Business, House Rent	2022-2023	2,72,43,050 2 Crore+	1,48,77,000 1 Crore+
3	Niranjan Patnaik	INC	Bhandaripokhari	Bhadrak	86,58,03,946 86 Crore+	Rent., Pension, Interest on Savings A/C, Agricultural Income	Interest on Savings A/C	2022-2023	2,30,33,371 2 Crore+	1,85,09,631 1 Crore+

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

Other Background Details

Education details of candidates: 149(38%) candidates have declared their educational qualifications to be between 5^th and 12^thstandard while 220(56%) candidates have declared having an educational qualification of graduate or above. 22 candidates are Diploma holders and 3 candidates have declared themselves to be just literate.

Age details of candidates: 101(26%) candidates have declared their age to be between 25 to 40 years while 240 (61%) candidates have declared their age to be between 41 to 60 years. There are 52(13%) candidates who have declared their age to be between 61 to 80 years. 1 candidate has declared his age as 81 years.

Gender details of candidates: 61(15%) female candidates are contesting in the Odisha Assembly Election 2024 PHASE IV.

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.
Implementation of the 25^th September, 2018 and 13^th February, 2020 SC orders on 'publication of criminal cases against candidates selected by political parties along with reasons for such selection' in its letter and spirit by directing the Election Commission of India a) to list out names of such tainted candidates selected by the political parties along with such reasons for such selection C8 including diligent publication of reasons in newspapers, T.V channels, party website etc, b) strict and constant reminders by ROs to the defaulters, c) list needs to be religiously prepared and submitted to the Supreme Court after every election, d) uploading of this list on ECI’s website for public inspection, e) a suitably heavy financial penalty levied on political parties for making insufficient disclosures, invalid and common reasons, selection of candidates based on winnability and f) Officer in-charge of a political party pertaining to submission of a compliance report should also be held accountable for such a breach.
The Election Commission of India and all State Election Commissions should make it mandatory in all elections; Parliamentary, Assembly and Local Body elections to carry display boards outside each and every polling booth showing a summarised version of candidates’ affidavits. The polling booths should essentially display details of candidate’s criminal records, assets and liabilities and education qualification.
The Election Commission of India under its ‘Systematic Voters’ Education and Electoral Participation’ (SVEEP) as well as through other national campaigns on voter awareness held before every election should inform and aware the voters that (i) taking and giving cash or gifts/freebies for votes is a criminal offense, (ii) such instances should be brought to the notice of the ECI through its web application, (iii) inform voters that information on criminal records of candidates is available on the ECI website, outside polling booths and other sources that the ECI may use.
Political parties in India should be required to announce/publish the list of candidates contesting elections at least 3 months prior to elections.
Role of money and muscle power is evident from the fact that all major political parties in Odisha Assembly Elections 2024 Phase IV have fielded 33% to 88% candidates who are crorepatis and 26% to 67 % candidates who have declared criminal cases against themselves. This close and alarming nexus between money power and muscle power has got so ingrained in our electoral system that the citizens are left hostage to the current situation. Money and muscle power hurt the principles of 'free and fair elections', 'participatory democracy' and 'level playing field'. The present circumstances therefore demand an extensive deliberation by the voters so that sanctity of elections is not ridiculed by tenacious entry of tainted candidates and candidates with abnormal multiplication of assets.