Disqualification petition against NCP MLA Jyoti Kalani

Akela

AN election petition has been filed at the Bombay High Court seeking disqualification of Member of Legislative Assembly (MLA) from Ulhasnagar Jyoti Kalani. She is wife of former gangster Suresh alias Pappu Kalani and is an accused for manipulating, creating, fabricating documents and violating several election norms.

On December 3, 2014, Kamal Sunderdas Bathija (54), the resident of F-102, Bhagyalaxmi Kutir, OT Section, Ulhasnagar-III, District –Thane filed the petition. 38-page petition copy is available with ABI.

“She has contained false and misleading information in the nomination form and also in the affidavit. I have raised as many as 22 objections (points) in the petition demanding immediate stay order on her duties and working,” said Bhatija.

The Maharashtra State Legislative Assembly Election for 2014 was held in October. The voting was held on October, 15, 2014 and result was declared on October, 19, 2014.

When Jyoti Kalani filed nomination forms, she was the Chairperson of Shahid Dunichand Tejumal Kalani (SDTK) Memorial Trust. The Trust runs a school at Ulhasnagar-5 and a college at Ulhasnagar-1. The land on which school and college are running has been leased out (on August 16, 1990) by Ulhasnagar Municipal Corporation (UMC). No return of SDTK Memorial Trust has been filed in the office of the Charity Commissioner after 2009. The trust has filed return Rs. 1, 13, 00, 380 till 2008-2009 only.

SDTK Trust (bearing registration No-E-117) is an educational Trust. Being an educational trust there cannot be more than three family members as trustees and whereas apart from Jyoti Kalani who is the chairperson, her entire family works as trustees. Her two daughters, Seema and Pinki and son Omie and daughter-in-law Pancham Kalani are trustees of SDTK Trust.

Objecting on that point Bhatija complained to authorities of Election Commission (EC) demanding rejection of her nomination but overnight Jyoti Kalani submitted resignation letter to the EC office. This was another fraud by Jyoti Kalani.

Overnight family drama

1- Jyoti Kalani hurriedly got a back-dated letter, purported to be dated on September 4, 2014 prepared, addressed to the Secretary, SDTK Memorial Trust creating an impressing that she has resigned from the post of membership and chairperson. Jyoti Kalani prepared a notice, indicating that a meeting of SDTK Memorial Trust will be held on September 19, 2014 at 11.30 a.m. and the same has been certified by the principal (employee) of the college. On same day Jyoti Kalani resigned and same day so-called trustees (Seema, Pinky, Omie and Pancham) accepted resignation of Jyoti Kalani.

2- The purported resignation of Jyoti Kalani was certified by the principal of the college run by the trust who did not have the authority to certify the resignation of the chairperson.

3- Interestingly, there is no record available in the office of the Charity Commissioner in respect of resignation of Jyoti Kalani. Also induction of her family members in the Trust as trustees – no change report is available and/or filed in the office of the Charity Commissioner.

4- Jyoti Kalani being the chairperson of SDTK Trust has not filed returns in respect of the school and college run by the Trust with the Assistant Charity Commissioner since 2009.

5- Being the chairperson of SDTK Trust she draws salary from the Trust but it is not reflected in the nomination form. Also PAN card and TAN card of the Trust does not mention the same.

6-The land and building in respect of the school and college run by SDTK Trust is taken on lease from UMC and the lease rental in respect thereof has not been paid to the Corporation.

7-Although Jyoti Kalani has claimed that the Trust is exempted u/s. 80CC of Income tax Act, being linguistic minority – no details in respect of PAN/TAN card has been furnished in the documents filed with the nomination form.

8-The college building which is situated at Ulhasnagar-I (West) is at 3rd Floor which is illegally constructed without obtaining necessary and requisite permission from the Corporation and UMC has issued notice for demolition of the same.

9-Jyoti Kalani was one of the directors of Neveitad Distillery Pvt. Ltd. and the company has defaulted in payment of central excise and sales tax.

10-Jyoti Kalani was one of the partners of Seema Constructions/Seema Resorts and whereas no income-tax returns have been filed and similarly no postal address of Seema Constructions has been furnished in the nomination form.

11-Seema Resorts being an amusement park is liable for payment of entertainment tax to the Collector (Revenue) but the same has not been paid and similarly non-agricultural (NA) tax in respect of Seema Resorts has not been paid.

12-Furthermore, Jyoti Kalani is a government contractor and therefore not eligible for contesting election to the Maharashtra State Legislative Assembly.

13-Jyoti Kalani owns seven cars (MH 05 AB 1224, MH 05 VJ 1224, MH 05 BG 1224, MH 05 AS 7983, MH 05 DM 1224, MH 05 AD 3333, MH 05 AL 3333) but she has not paid Local Body Tax (LBT) and Octroi in respect thereof.

14-Jyoti Kalani has not declared pendency of two cases against her – one registered at Yerwada police station, Pune and another registered with Kopri police station, Thane.

15-Jyoti Kalani is a sitting corporator of UMC and drawing remuneration of Rs.7000 per month which is also not reflected in her affidavit as a source of income.

16-Jyoti Kalani withdrew pension of her husband Pappu Kalani two days prior to election from bank and used the same, whereas Pappu Kalani was still in jail.

17- Jyoti Kalani has taken loan form Thalassemia Foundation, however, no details has been furnished in the nomination papers filed by her.

18- Jyoti Kalani has received donation from Kanak Foundation before the election. The donation money was used for influencing voters by distributing cash, saris and two instalments of motorbikes.

Kamal Bhatija also brought to the notice of the EC that in TV channels of Konark Den USA there is clipping as well as scroll advertisement about Pappu Kalani appealing for jyoti Kalani. This is violation of the election process and that Jyoti Kalani has adopted corrupt practices to mislead the voters.

20- Jyoti Kalani was playing a cassette on the road in high pitch and the theme of which is “Jiye Jiye Pappu Kalani………….”. The cassette proclaims that Pappu Kalani is a sher (lion). The voters in the constituency were thus sought to be terrorised in the name of Pappu Kalani and which is nothing less than a corrupt practice.

21-NCP is indulging in committing fraud by using two names i.e. Nationalist Congress Party (NCP) and Rashtravaadi Congress Party (RCP) and thereby misleading the electorate. Jyoti Kalani is similarly has sought votes in the name of she being a member of NCP and so also RCP and whereas RCP is not registered with Election Commission of India (ECI) and/or does not exist as a matter of fact and what is registered with the ECI is NCP alone.

22-The hoardings/banners during the election process prominently displayed the name as “Sai Party” which as a matter of fact does not exist. The word “Sai” is associated to Saibaba and which would mean that the name of religion to influence voters in the name of religion was used by Jyoti Kalani which is a corrupt practice.

23-Pappu Kalani was a hardcore criminal and has more than 60 cases registered against him. He has been convicted by Kalyan Sessions Court (Case No. 218 of 1999) for imprisonment for life in Sessions. Thus, he is prohibited from contesting elections and/or to participate in the election process but his photographs were prominently used on the hoardings/banners/TV interviews whereby Jyoti Kalani sought votes in the name of her husband.

24-Pappu Kalani has not filed his income-tax returns since 2011 although he himself was a MLA for four terms i.e. for 20 long years. Being as MLA for four terms Pappu Kalani is drawing pension but Jyoti Kalani has not disclosed in the nomination papers as one of the sources of income.

25-Pappu Kalani and his brother Narayan Kalani jointly own Eagle Hotel/Seema Hotel which comprised of ground + 5 storey. The ground floor of the building has been given to Axis Bank on lease rental of Rs.1, 17,000/- per month. The 2nd floor is used for marriage, banquet hall, 3rd and 4th floor are used as lodging and boarding, 5th is given to a bar and restaurant is given on lease. However, incomes derived from these ways have not been disclosed in the nomination form of Jyoti Kalani.

26-Moreover, out of the lease rental income 49% thereof has to be paid to the Corporation as and by way of municipal taxes and 51% belongs to the owner. However, no tax has been paid in respect of the rental income derived from Eagle Hotel/Seema Hotel by Pappu Kalani.

27-Jyoti Kalani’s son Omie Kalani has two wives and whereas even when the first marriage was still subsisting, Jyoti Kalani herself arranged the second marriage of her son thereby aiding and abetting the offence of bigamy.

28-Kamlesh Nikkam who was the proposer of Jyoti Kalani happens to be a member of scheduled caste (SC). Jyoti Kalani got him a loan on October 10, 2014 and within a short span of time the said loan amount was transferred in the name of the daughter-in-law of Jyoti Kalani.

29-Similarly, P. Nikkam a supporter of Jyoti Kalani who is also a member of SC, was arranged a loan by Jyoti Kalani and subsequently the said loan was transferred in the name of the daughter-in-law of Jyoti Kalani.

“I have heard about petition against me but not have copy. There are no any valid/powerful reasons in petition. All points are old as he had risen during my nomination and was rejected,” said Jyoti Kalani.