BJP Memorandum to ECI on 04.02.2019

 

The Chief Election Commissioner& Election Commissioners,

Election Commission of India

Ashok Road,

New Delhi

Dear Sirs,

Further to our representation submitted to the Election Commission of India during its visit to Kolkata on 31^st January, [copy attached] we have to bring to the notice of Commission that the state government of West Bengal is continues to deny to the Bharatiya Janata Party its fundamental rights guaranteed under Article 19 of Constitution to conduct its political activities in the state.

The past conduct of government of West Bengal during the General Elections 2014 and Assembly Elections 2016 elections and its acts of defiance of the orders of constitutional bodies is unprecedented in the history of India’s democracy.

As of now the ‘AITC [ruling party] - government nexus’ from top to the bottom of state hierarchy, commands over the state functionaries, where nothing can be done by state employees without the prior approval of party workers.This amounts to complete breakdown of the ‘rule of law’ and the rule of law stands seriously comprised and is replaced by the ‘rule of the AITC, the ruling party’.

Such denial of rights to other political parties and the citizens of WB would seriously impair the commissions’ resolve to conduct free & fair elections.

The modus operandi is:

1. Not to allot or permit to conduct political and public meetings on lands and locations that have historically and conventionally been used for such activities.
   1. Harassment of anyone who assists or supports the Bharatiya Janata Party in organizing public meetings.
   2. Deny or delay permissions including those for landing of helicopters till the last minutes thus denying or jeopardising holding of such meetings.
   3. Instead of using the local police force to facilitate and maintain law & order for such rallies, the police force is being used to threaten, disrupt or disturb rallies and public order. Police retribution by way of false charges, arrests and harassment is vitiating the general atmosphere in the state.

 

Specific instances are;

1. Thepolice arrangements for maintenance of law & order were disorderly and lax atthe PM’s meeting at Thakur Nagar on 2^nd February 2019. Even the mandatory provisions of the blue book, being a set of elaborate instructions protocol and security arrangements, were not adhered to.
2. Political Rally of BJP President, Shri Amit Shah ji dated 29/01/2019 at Kanthi (Contai) in PurbaMedinapur was for 2 PM. Helicopter landing permission was given only at 11 AM of the same day, barely 3 hours before the meeting.

After the meeting (held at a private land) the owner of the land was arrested on false charges. The decorator who worked for the Stage construction was also arrested on false charges.

1. Political Rally of Smriti Iranionat Jhargram, Gar Salboni was scheduled at 12 noon on 23^rd January 2019. A helipad at nearbySirshiJangal Mahal Club ground was prepared and permission sought from the DM 4 days prior to the meeting.

Permission was given by DM’s office at 11-30 AM on 23^rd January, barely 30 minutes before the scheduled time thus making it impossible to use the helipad.

Consequently, Smt. Smriti Irani has to use Kalaikunda Airforce airstrip a good 35 KM away from the meeting site and she could not attend the next public meeting at Seuri.

1. Shri Yogi Adityanath, Chief Minister of Uttar Pradesh was due to address two public meetings on 3rd February 2019; one at Balurghat in Dakshin Dinajpur and the other at Raiganj in Uttar Dinajpur, both in West Bengal.

The local units of Bharatiya Janata Party obtained permissions from the relevant authorities for use of grounds and had also applied for permission to land the helicopter carrying CM of UP.

Despite providing all information and supporting papers as usually needed were submitted, but the permission to land the helicopter was not granted by the District Magistrate and this letter of denial of permission was issued only on 3^rd of February, the day Shri Yogi Aditynath was scheduled to land at the meeting sites.

Consequently, the proposed public meetings had to be cancelled which is denial of the most fundamental and statutory rights of a political party as provided under the electoral laws and constitution of India.

1. Political Rally of Shri Rajnath Singh ji, Home Minister of India scheduled on 3^rd February 2019at Hoogly was considerably delayed as permission for helicopter landing was not given despite seeking permission well in advance. Rajnath Singh ji had to travel by road to attend the Rally, causing delay and incoveniene to the audiences.

We therefore, request that;

In view of the fact that the government has almost turned rogue and is denying to the opposition political parties, the exercise of their rights and obligations as per the provisions of RP Act 1951 and the Constitution of India, Election Commission may take serious note of such an irrational, defiant and unconstitutional attitude of Government of West Bengal, as it prepares to conduct the General Elections 2019.

The commission may consider comprehensive measures and invoke all its constitutional rights under article 324 of the Constitution so as to ensure that every political party gets level playing field; that the elections are truly free and fair and more importantly, that every voter is able to exercise voting rights without threats or fear of damage to his/her life and property.

Thanking you and with regards,

 

 

Nirmala Sitharaman              Mukhtar Abbas Naqvi                       SS Ahluwalia

 

 

Kailash Vijayvargia                           Bhupender Yadav                  Mukul Roy

 

 

Anil Baluni                                          Om Pathak