Lucknow: A senior UP Assembly official
has informed the Election Commission that he has no legal
authority to file an FIR against SP MP Jaya Bachchan following
a complaint alleging that she filed a false affidavit during
2004 Rajya Sabha polls.
Acting on a complaint by Congress leader Madan Mohan
Shukla in March, the EC had asked the principal secretary of
the Assembly to file an FIR under section 195 of the CrPC
against 62-year-old Bachchan, by virture of being the
Returning Officer (RO) for the polls, officials said here
Section 195 deals with prosecution for contempt of
lawful authority of public servants, for offences against
public justice and for offences relating to documents given in
Shukla had alleged that though Bachchan was the
chairperson of the UP Film Development Council at the time of
filing her nomination in June 2004, she had, in her affidavit,
claimed to have resigned from the post.
However, the principal secretary of the Assembly
Pradeep Dubey, in his reply to the EC, has expressed his
inability to lodge an FIR against Bachchan saying he had no
legal authority to initiate proceedings against her.
Dubey said that he had sent a letter to the EC
clarifying the situation.
"I have no authority in Jaya Bachchan`s case and have
sent a letter to the EC in this regard stating that I cannot
entertain the complaint. Now the disposal would be done at the
EC`s level as it is the competent authority to take action,"
The Election Commission officials in New Delhi
declined to comment on the issue.
Dubey has stated that the Returning Officer is on
deputation with the EC only during the election period till
the time results are announced and after that he reverts to
the administrative control of the Speaker of the state
The principal secretary said that being under the
administrative control of the Speaker, he had no jurisdiction
to initiate prosecution proceedings.
Dubey said that he was not the RO when the election
was held in 2004.
Bachchan was disqualified from the membership of the
Rajya Sabha in March 2004 for holding an office of profit as
chairperson of the UP Film Development Council.
She was again elected to the Rajya Sabha in June 2004
after being renominated by the Samajwadi Party.