SHILLONG: The Election Commission may examine the complaint lodged by political activist Tennydard Marak, who is seeking cancellation of nominations of Chief Minister Mukul Sangma and his brother Zenith Sangma on the ground that they are not Garos as per matrilineal tradition and culture.
Marak had petitioned the Chief Election Commissioner in New Delhi and the State Chief Electoral Officer on Thursday seeking action.
In his letter, Marak alleged that the duo are contesting the February 27 polls from constituencies reserved for the Scheduled Tribes (Garos) but “they genuinely do not belong to the Garo tribe and simply by procuring bogus ST status certificates fraudulently and by manipulating the truth they cannot acquire the right to contest from the constituencies reserved specifically for Scheduled Tribes”.
While Mukul is contesting from both Ampati and Songsak, Zenith is seeking re-election from Rangsakona.
The case which has been pending for almost five years in the Supreme Court will come up for hearing on March 6.
An official with the state election department said that the complaint will have to be examined along with the Representation of People’s Act (RPA).
“We are yet to receive the compliant, but once we receive it, we will have to refer it to the Election Commission,” the official said.
According to the petition, the official record states that Mukul’s mother’s name is Rousanara Begum, which is available in the electoral roll of polling station No.14 of 58, Ampatigiri Assembly Constituency under Serial No. 359 as on January 1, 1983.
Marak alleged that then deputy commissioner, Tura, through letter no. TGC-18/81/6295 on June 23, 1982 issued a Scheduled Tribe certificate to Mukul in a routine manner without any verification.
According to Marak, Mukul procured the allegedly bogus caste certificate exactly 6 months and 7 days from January 1, 1983.
Copies of these documents were also sent along with the petition to the Election Commission by Marak.
He said that Mukul procured the ST status certificate by manipulating the truth and suppressing the material fact that his mother’s name was Rousanara Begum.
“Therefore, neither Mukul nor his brother Zenith can claim to be Scheduled Tribe (Garo) on the basis of prima facie evidence and their nomination papers deserve to be cancelled immediately and “under no circumstances they should be allowed to contest the ensuing Assembly polls from the constituencies reserved for Scheduled Tribes,” Marak said.
Marak further said that although this serious matter was brought to the notice of the deputy commissioner, South West Garo Hills, in a representation on May 27, 2013 requesting him to probe the issue without being influenced as to the cancellation of the alleged certificate, the matter was subsequently forwarded to the deputy commissioner, West Garo Hills, for necessary action.
“Pravin Bakshi, Deputy Commissioner, Tura, in an order on July 17, 2013 mechanically disposed of the representation on the basis of his presumptions without going into any detailed inquiry and caused serious miscarriage of justice. This action amounts to negligence of statutory duty by the deputy commissioner, Tura,” Marak said.
Earlier, the Supreme Court, while hearing the case had asked the National Commission for Scheduled Tribes to dispose of the matter within a stipulated time, but in vain.
