NRI Sabha polls on without clarity on foreigners’ role

Monday, 24/12/2012

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JALANDHAR: Though the ministry of home affairs ( MHA) had directed the state government to take appropriate action in the ‘ controversial’ election of a British citizen Kamaljit Singh Hayre as president of NRI Sabha, Punjab, more than two years ago, the state government is yet to comply with the orders.

Besides, the state’s NRI affairs department has notified the sabha’s election schedule, without settling the issue of whether to allow a “foreigner” to contest the elections of a government body during these elections or not.

“I had relinquished the charge of the sabha chairman recently. The new chairman Anurag Verma will decide the issue of a Briton’s election as sabha president in the light of the MHA directive issued nearly two years back,” SR Ladhar, Jalandhar divisional commissioner, told HT.

Verma added that as of now the issue stood infructuous, as Hayre had already completed his term. “I will decide the matter only when someone lodges a fresh complaint with me in this regard or a foreigner submits nomination papers during the coming elections. I will seek legal opinion and take a final call accordingly,” he added.

The MHA, in its November 15, 2010 communiqué, had asked the Punjab chief secretary to take appropriate action about Hayre’s election as president of government- run NRI welfare agency and intimate the same to the Central government.

The chief secretary forwarded the letter to the commissioner, NRI affairs, who, in turn asked the then sabha chairman Ladhar to decide the issue.

Ladhar reportedly sent back the file to the state government on the plea that the latter was competent to decide the issue and had sought clarifications twice on the issue. However, the state government again referred back the file to the sabha chairman with a ‘ clear’ direction to take a final call.

While Ladhar didn’t show any urgencyin dealing with the said file, the state government, meanwhile, transferred him as Patiala divisional commissioner in July 2011. Verma took charge, but the case continued to gather dust in official files. Ladhar again replaced Verma as divisional commissioner the after formation of the SAD- BJP alliance government.

Interestingly, MHA under secretary SN Garg in a letter to Punjab chief secretary had said that overseas citizenship of India ( OCI) card holders were not eligible to contest any elections or hold any constitutional post under Articles 326 and 9 of the Constitution of India.

Jagvir Singh Shergill, a US citizen, in a complaint to the home secretary had alleged that Hayre, a British citizen and OCI card holder, had been elected as sabha president in violation of the Indian Citizenship Act and the Constitution with the active connivance of then returning of f i cer and t he t hen sabha chairman.

Shergill had demanded justi ce since MHA had denied the him permission to contest sabha polls on similar grounds. Though sabha constitution laid that a former NRI shall be eligible to contest president’s elections, but Hayre was allowed to contest for a second term in spite of being a British citizen, Shergill had alleged.