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CHANDIGARH (KESARI NEWS NETWORK)- Can a person contesting election for Rajya Sabha from a State choose to fill / mention only his initial name (i.e. without surname) in the Nomination Form as well in the mandatory Poll Affidavit as submitted alongwith and as a consequence thereof, when he is declared elected, his name as such i.e. only his initial name gets notified as Elected Member in the Election Notification published in the Gazette of India however before taking Oath as member of the House, he can request for changing his initial name to his full name (i.e. with surname) after which Rajya Sabha Secretariat issues a sort of an internal communication (Circular) effecting change in the style of his name i.e. changing it from his initial name to his full name. As a result, such an Elected Member takes Oath in his full name and thereafter his full name is shown on Rajya Sabha website henceforth.
This interesting but significant point has been raised by an Advocate at Punjab and Haryana High Court, Hemant Kumar, who has written to M.Venkaiah Naidu, the Vice-President of India, who is ex-officio Chairman of Council of States (Rajya Sabha), questioning such change in respect of one recently elected Rajya Sabha MP from State of Punjab, sponsored by Aam Aadmi Party (AAP), Ashok Kumar Mittal, who although mentioned his name as merely Ashok in his Poll Affidavit along with Nomination Form and as such his name as Elected Candidate got notified as only Ashok in two Gazette Notification(s) published in Gazette of India by Legislative Department under Union Ministry of Law and Justice under relevant section of Representation of the People Act, 1951.
Hemant asserts on May 2, 2022 when he
watched Oath taking ceremony, as aired on Sansad TV, of Ashok Kumar Mittal, newly elected Rajya Sabha MP from Punjab, he was surprised to see why such Elected Member, who had however mentioned only his initial name i.e. Ashok (i.e. without Surname) in his Poll Affidavit, as submitted with his Nomination Form, as also currently uploaded on the official website of Chief Electoral Officer (CEO), Punjab (copy attached) and whose name also got notified as such in his Election Notification as published in Gazette of India, actually took Oath with his full name i.e. as Ashok Kumar Mittal (i.e. with Surname).
Be that as it may, when Hemant raised this issue on April 3 evening by sharing it in media circles, the same night he got an email communication from an associate of Ashok Mittal informing him about a Circular of Rajya Sabha Secretariat regarding the change of style of name of Mr. Ashok. It was mentioned that the Circular would clarify the said concern.
The Rajya Sabha Secretariat vide above Circular bearing No. RS.16/2022-T dated 27 April 2022 effected change in the style of name, for use in Parliamentary Papers only, pertaining to an Elected Member of the House from the State of Punjab i.e. from Shri Ashok to Dr. Ashok Kumar Mittal.
Amidst all this, Hemant has written to Chairman of Rajya Sabha along with copy to Deputy Chairman of Rajya Sabha Harivansh, Leader of the House Piyush Goyal, Leader of Opposition Mallikarjun Kharge as well as Secretary-General of Rajya Sabha, PC Mody raising the point if an internal Circular issued by Rajya Sabha Secretariat can effect change in the style of name, albeit for use in Parliamentary Papers only, as regards an Elected Member of the House from the State of Punjab i.e. from Shri Ashok to Dr. Ashok Kumar Mittal particularly when Notification(s) regarding name of such Elected Member as published in Gazette of India by Legislative Department under Union Ministry of Law and Justice dated 10 April 2022 as mentioned hereinbefore has/have however not been suitably amended/corrected.