A citizens forum in Telangana has filed a complaint with the Chief Electoral Officer against Hyderabad’s Bharatiya Janata Party (BJP) candidate Madhavi Latha for intimidating voters at a polling booth. She was seen harassing burqa-clad Muslim women at the Azampura polling station on Monday, May 13, demanding them to reveal their faces so she can personally verify their identities against their voter ID cards.
The forum, Telangana for Peace and Unity, said that Madhavi Latha’s actions could have adversely affected the turnout of Muslim women voters, even as the Election Commission had been putting out campaigns to improve turnout. The complaint pointed out that Madhavi Latha was only targeting Muslim women, which is punishable per Section 153A(1)(b) and Section 295A of the Indian Penal Code (IPC).
“As has been reported widely, Madhavi Latha demanded that women wearing hijab / burqa remove their veil or headscarves, and took their identity cards to ‘verify’ their identities. In the videos, Madhavi is seen saying “this says you are 38, remove it”, “yeh kaun hai, aap kaun hai” “doosra aadhaar card hai?”, and questioning their identities,” the complaint read.
The BJP leader reportedly justified her actions by stating that she, as a candidate, had the right to check the ID cards without the facemasks. “I am not a man, I am a woman and with a lot of humbleness, I have only requested them - can I please see and verify with the ID cards? If somebody wants to make a big issue out of it, that means they are scared,” Madhavi Latha was quoted as saying in the complaint.
Citing the Representation of People Act, 1951, the complaint said that only the polling agent had the power to challenge the identity of a person claiming to be a particular voter, in a manner set out in the rule. The complaint said that according to sub-rule (3), the presiding officer or an authorised poll officer will check the identities of voters. Further, the presiding officer in sub-rule (1) is empowered to employ such persons at polling stations to help in the identification of electors. As per Rule 36, it is only the polling agent who may challenge the identity of a person claiming to be a particular voter, in a manner set out in the rule. The “safeguards against personation” provided in Rule 37 are also to be carried out by the presiding officer or the polling officer.
“Thus, there is no justification in law, whatsoever, for Madhavi Latha to intimidate voters, demand that they unveil themselves, take their ID cards or ask personal questions of their personal information to establish their identities,” the complaint read.
After videos of the incident went viral with many condemning Madhavi’s actions, District Election Officer Ronald Ross had initiated action against her. Subsequently, an FIR was filed against her at the Malakpet police station. Madhavi Latha was booked under Sections 171 c (undue influence at elections), 186 ( Obstructing public servant in discharge of public functions), and 505 (1) (c) (intent to incite any class or community to commit crime against any other class or community) of the IPC and under Section 132 of the Representation of People Act.