District Collector N.S.K. Umesh, who is also the district election officer and returning officer for Ernakulam Parliament constituency, has ordered the closure of a medical store opened as an extension of the Food Security Market at Kizhakkambalam, a flagship project of Twenty20, a political outfit promoted by Kitex Group.
The medical store, which offers discounts of up to 80%, was inaugurated by Sabu M. Jacob, president of the Twenty 20, which is contesting from Ernakulam and Chalakkudy Parliament constituencies, on March 21 nearly a week after the Model Code of Conduct (MCC) had become operative. The order to shut down the store was following an inquiry by the MCC Nodal Officer on a petition by two residents of Kizhakkambalam who alleged that it violated Section 123 of the Representation of the People’s Act against bribing voters. The company said that it would seek a legal remedy against the order shortly.
In the hearing, the petitioners alleged that the logo of the food security market as well as the political party was the one and the same and was even available on the products and the bill. This amounted to an inducement to vote in favour of Twenty20, the petitioners alleged.
Responding to the allegations, the party contended that the food security market was being operated using the Corporate Social Responsibility fund of Kitex Childrenswear Ltd. and merely facilitated by Twenty20 Association, a charitable society. The political party, Twenty20, has nothing to do with the market. Regarding the video of Mr. Jacob’s speech at the inauguration of the medical store, it reasoned that it wasn’t a political function but that he attended it as a director of Kitex Childrenswear Ltd., which is also the licensee of the medical store.
However, the MCC Nodal Officer observed that both the Twenty20 political party and Twenty20 Association have the same set of office-bearers. Besides, the Twenty20 political party, the food security market and the Twenty20 Association shared the same logo. The officer also noted that Mr. Jacob during the inauguration of the store promised access to food materials at 50% and medicines at 80% discount across the State if it was voted into power. “There is a material advantage to the voter, i.e., discounts as high as 80% in the medical store leading to gratification of the voter.”
Based on the report, the returning officer found it to be a case of violation of MCC. The order also sought to seek clarification from the Election Commission of India with regard to application of Section 123 of the Representation of the People’s Act as it is a unique case where there is a clear nexus between a private company, a registered association, and a political party all sharing the same logo and the same set of executives.
“Until then, the medical store shall be shut down, as the same was announced after the MCC has been put in place. Also, the video circulated by the party and Sabu M. Jacob’s official handle shall be taken down,” the order said.
