Congress Candidate Files Complaint to Cancel Assam CM's Nomination Over Alleged Asset Non-Disclosure
In a significant development ahead of the Assam assembly elections, Congress candidate Bidisha Neog has formally approached the Election Commission, seeking the cancellation of her BJP rival and Assam Chief Minister Himanta Biswa Sarma's nomination. The complaint, filed on Monday, centers on allegations that Sarma failed to disclose his wife's alleged offshore assets in his mandatory election affidavit.
Allegations of Suppressed Information
Neog, who is contesting from the Jalukbari constituency, submitted her complaint to the Jalukbari election officer, accusing the chief minister of "suppression of material information" regarding foreign assets. The Congress candidate has demanded not only the rejection of Sarma's nomination but also a comprehensive inquiry into what she describes as deliberate non-disclosure.
The complaint specifically references Form 26 requirements, stating: "The affidavit submitted by the candidate does not disclose any offshore or foreign assets despite clear statutory requirements under Form 26." According to Neog, this alleged omission constitutes a violation of mandatory disclosure norms that should render the nomination invalid under Section 36 of the Representation of the People Act, 1951.
Congress's Broader Allegations
The formal complaint follows Congress's recent questioning about whether Sarma's wife or family members own:
- Property in Dubai
- Companies registered in Wyoming, United States
- Assets parked through shell firms abroad
Both Chief Minister Sarma and his wife have categorically dismissed these allegations as fabricated and fake, maintaining that they have fully complied with all disclosure requirements. However, the Congress party has escalated its efforts by separately approaching the Enforcement Directorate, urging the agency to register a case under the Prevention of Money Laundering Act, 2002.
Legal Grounds for the Complaint
Neog's complaint outlines specific legal provisions she believes have been violated:
- Section 36 of the Representation of the People Act, 1951: This section provides grounds for rejecting nominations when candidates fail to meet disclosure requirements.
- Section 125A of the same Act: This provision deals specifically with filing false or incomplete affidavits, carrying potential penalties for violations.
The Congress candidate has urged the Election Commission to initiate proceedings under these sections, arguing that the alleged "deliberate non-disclosure" of offshore assets represents a serious breach of electoral integrity.
Election Context and Timing
This complaint comes at a crucial juncture, with polling for the 126-member Assam assembly scheduled for April 9. The Jalukbari constituency, where both candidates are competing, represents a high-profile contest between the ruling BJP and opposition Congress.
The Election Commission now faces the task of evaluating these serious allegations while ensuring the electoral process remains fair and transparent. The outcome of this complaint could potentially impact not only the Jalukbari contest but also set important precedents for asset disclosure requirements in Indian elections.
