BJP memorandum submitted to the ECI

01-04-2019
Press release by BJP National Media Head, Shri Anil Baluni

 

 

1st April 2019

The Chief Election Commissioner & Election Commissioners,

The Election Commission of India

Nirvachan Sadan,

New Delhi- 110001

Sub.: Representation Regarding Gross violation of Model Code of Conduct by the Govt. of Odisha and Corroborating Conduct of the CEO, Odisha; and Regarding Election duty of the CDPOs Posted in Odisha;

 

Sirs,

The electoral situation in the state of Odisha, where simultaneous polls to Parliament & State Assembly are in process, has become rather volatile and there are instances of gross violation of the political rights of the other political parties and unless it is corrected here and now, the entire electoral process would stand vitiated beyond repair. We wish to bring to your notice several such instances;

INSTANCES AGAINST THE CEO

There are series of other instances, where the CEO, by acts of commission or omission, has favoured the ruling BJD. Following are a few instances:

 

  1. On 15.03.2019 vide BJP Odisha Letter No. BJPEC-005/2019, a complaint was lodged against Sri Pratap Jena, Minister of Law & Health, Govt. of Odisha for announcing in a public meeting to give Rs. 35 Lakhs to each Panchayat and Rs. 15 Lakhs to each booth along with evidence in the form of CD. However, the CEO has not taken any action.
  2. On 14.03.2019 vide BJP Odisha Letter No. BJPEC-003/2019, a complaint was lodged with CEO against Kumar Nagabhusan, BDO, Rengaliguda who has been working as BJD President and influencing the Sarapanch, Ward Members, Samiti Members in favour of BJD. However, no action has been taken by the CEO till date.
  3. On 14.03.2019 vide BJP Odisha Letter No. BJPEC-001/2019 a complaint was lodged to the CEO against malicious transfer of Govt. servants violating the guidelines of Election Commission of India, so as to appoint them ARO and sector officer with all documentary evidence. However, no action has been taken till now.
  4. On 13.03.2019 vide BJP Odisha Letter No. LD096/19 we have lodged a complaint before CEO regarding continuation of Govt. servants for more than 3 years, but no action is taken by the CEO.
  5. On 16.03.2019 vide BJP Odisha Letter No. LD099 we have lodged complaints before CEO regarding removal of our lawful hoardings by Govt. officials and police, while allowing the hoardings of ruling party in power in the state, but no action is taken by the CEO.
  6. On 19.03.2019 vide BJP Odisha Letter No. CEO/011/19, we have lodged complaints before CEO regarding Govt. servants who are directly participating in election campaigning in favour of ruling party in the state, but no action is taken by the CEO.
  7. On 20.03.2019 vide BJP Odisha Letter No: BJPEC-23/19, we have lodged complaint before CEO, Odisha against Sri Ashish Singh, IPS, DIG, Intelligence and security-in-charge CM, who has been working for BJD ruling party and threatening and criminally intimidating BJP workers, but no action till date is taken by the CEO.
  8. Leading the group of Government officials is the secretary to the Chief Minister Shri VK Pandian who is not only monitoring the whole process but also actively involved in selection of candidates as well as management of elections for the ruling party. In fact he and several senior officers as mentioned in our letter are de facto incharge of electioneering in the state. They not only monitor the whole process of survey, collection of information, intelligence reports, ground political reports as well as the antecedents of the prospective candidates but also do the requisite manipulation to divert winning candidates from other political parties. Sri Pandian directly monitors the working of all the 30 Collectors and District Magistrates, all 500 odd police stations in the state and other line department officers at the district level. Nothing can move without his approval. The situation has become such that democratic process has been murdered since no district level officers listen to opposition leadership or candidates even in cases of genuine grievances. The officers have become de facto party workers and running election on behalf of the candidates of the ruling party. They resort to all kinds of bureaucratic machination such as not granting permission for rallies and processions in time and forcefully removing hoardings and posters etc. Not only that, under the instruction of Sri Pandian these offices browbeat and intermediate political workers of the opposition and put them behind bars under silly pretext. In fact due to his mischievous and unbecoming behaviour it seems impossible to hold free & fair elections.
  9. On 21.03.2019 vide BJP Odisha Letter No: BJPEC-26/2019, we have lodged complaint with CEO with evidence that one candidate of the ruling party is distributing money in broad day light, but no action is taken by the CEO.

It is apparent from the instances mentioned above that the CEO is not only not neutral and impartial but is actively aiding and assisting the ruling BJD by either not being responsive to the matters brought before him for redressal or by deliberately creating doubts and confusion in the minds of public by his acts of omission to clearly reply to the media.

It is humbly submitted that all these are a part of a planned conspiracy to influence the voters and the CEO has become a part of this conspiracy. Given the CEO’s disposition and record of his acts of commission and omission, we strongly apprehend that the present incumbent CEO will not be able to act freely and fairly, thus subverting the very basis of a free & fair elections.

COMMUNITY DEVELOPMENT & PROGRAMME OFFICER (CDPO)

In Odisha, there are Community Development & Programme Officers (CDPOs) –who deal with the NGOs and involved in community development works. These Officers are block-level officers who monitor and coordinate with the Women Self Help Groups. Through these Officers, the state Govt. transfers funds to NGOs involved in child nutrition and pregnant women’s nutrition etc. The state Govt. provides interest free money through these officers. They are also the Administrative Officer of Anganwadis; hence, they are in a position to influence the voters. It is seen in the past that these Officers have actually influenced voters in favour of BJD, the ruling party. Hence, it is requested that the CDPOs be involved in election duties only in districts other than their districts of current posting.

DIVERSION OF STATE EXCHEQUER FUNDS.

THAT the Govt. of Odisha announced a programme namely Krushak Assistance for Livelihood and income Augmentation (KALIA). In this scheme, the Govt. had assured to give ₹10,000 each in two seasons to farmers and ₹12,500 each to landless people engaged in other occupations allied to agriculture. However, no budgetary provision was made for such scheme. Instead, the Odisha Government used the Contingency Fund usually meant only for unforeseen situations like natural calamities etc. Article 267 of Indian Constitution reads;

Contingency Fund.- Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of India" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under article 115 or article 116.

Using funds for this for regular scheme is a violation of fiduciary and other Constitutional provisions. 36 lakh beneficiaries of KALIA were transferred Rs.5000 each.

  1. This list of 36 lakh beneficiaries included members of ruling party at all levels. There were instances of family members of MLAs and MPs being included in the list. As the word about this dishonesty and cheating by the BJD spread, it created a widespread discontentment among the people and it only exacerbated when the Govt further extended the scheme to 15 lakhs more people. As the people of Odisha protested against these irregularities, the list of beneficiaries together with the additional 15 lakhs beneficiaries was withdrawn from the public domain.
  2. Bharatiya Janata Party wanted the list of beneficiaries to be published in the interest of transparency and also to ensure that genuine beneficiaries receive the benefit and the government monies are not used to bribe influential persons within the BJD rank and file.
  3. Despite several requests for the list of beneficiaries, the government of Odisha neither furnished any list nor put it in the public domain. The matter was brought to the notice of CEO, Odisha, who examined the matter and sought clarification from ECI.
  4. ECI held that if there is no budgetary allocation and there is no beneficiary list prepared before the MCC came into force, funds cannot be transferred for the scheme.
  5. Sh. Sasmit Patra spokesperson of the BJD called a press meet on 25 March 2019 and alleged that the CEO under the pressure of the BJP stopped the KALIA scheme. He blamed BJP for depriving the farmers from the benefits being dispensed by the ruling Govt. This was widely telecasted in Media and an attempt was made to establish that the BJP is against farmers.
  6. The Chief Minister of Odisha Sh. Naveen Patnaik is quoted in a rally in Nayagarh saying “No one can stop KALIA”. The deity Jagannath is also popularly called ‘Kalia’; so people’s sentiments are also involved in this. Hence, such allegation that BJP is stopping KALIA is totally and absolutely false. In addition, Sh. Amar Patnaik, one BJD leader has tweeted;

“Farmers of Odisha should teach BJP a lesson with the might of their precious vote. BJD will leave no stone unturned to ensure that these farmers get their Kalia dues as scheduled — ECI or no ECI diktat.”

  1. We requested the CEO, vide letter No. LD095/19, to clarify the facts about this scheme. This was followed by a delegation of BJP meeting him on 27 March 2019, with request that a clarification be issued as to what was represented and what the ECI’s orders were.
  2. The CEO informed the BJP delegation that as per rule 5.8 of Model Code of Conduct, no scheme which does not have a budgetary allocation or a complete list of beneficiaries can be allowed to continue. CEO was expected and duty bound to clarify this position to the people of Odisha. Instead, he intentionally, did not do so solely with the intent to favour BJD, the ruling party.

And finally, we must state that apprehension and perceptions based on historical facts, as listed in foregoing paragraphs must be suitably addressed by the Election Commission of India and the following may please be acted upon in order to restore and sustain the confidence, faith and trust of people and political parties in avowed principles of ‘free & fair’ elections;

  1. Replace the present CEO Odisha by an officer with impeccable record of fairness, equity and neutrality.
  2. A central observer from outside the state be appointed to oversee the entire election processes in the state with suitable authority to intervene and take corrective action.
  3. Immediate removal and replacement of Sarvshri VK Pandian, Secretary to the CM and Ashish Singh, IPS, DIG, Intelligence and security-in-charge CM in addition to another list of officers, already submitted to the CEO.
  4. Election duties of all CDPOs in the state of Odisha, must necessarily be outside their current district postings.
  5. Report must be sought from the Govt. of Odisha regarding the alleged instances of grave irregularities with respect to the KALIA Scheme in violation of MCC as has been also stated by the Election Commission of Odisha vide its press note released on 31.03.2019 on KALIA Scheme of Govt. of Odisha.  

 

 

 

Encl.:

  1. True copies of the articles containing the accusation of BJD
  2. Letter no. LD095/19 dated 13.03.2019
  3. Letter No. BJPEC-50/2019 dated 27.03.2019
  4. Letter No. BJPEC-005/2019 dtd. 15/03/2019
  5. Letter No. BJPEC-003/2019dtd. 14/03/2019
  6. Letter No. BJPEC-001/2019 dtd. 14/03/2019
  7. Letter No. LD09619 dtd. 13/03/2019
  8. Letter No. LD099 dtd. 16.03.2019
  9. Letter No. BJP CEO/011/19 dated 19/03/2019
  10. Letter No: BJPEC-23/1 dtd. 20/03/2019
  11. Letter No: BJPEC-26/2019 dtd. 21.03.2019

 

 

 

 

April 1st 2019

 

The Chief Election Commissioner of India and Election Commissioners

Nirvachan  Sadan

Ashoka Road

New Delhi – 110001

 

Subject: General Election 2019: Ensuring a Safe and Secure Environment for Voters in West Bengal

 

Respected Sir,

 

As we build up to the first phase of polling in less than two weeks’ time, West Bengal continues to remain a hotbed of undemocratic attempts to throttle voters’ freedom and choice. Violence continues to brew as if law and order never existed. The workers of the Bhartiya janata party are threatened and intimated. Whatever has been witnessed in previous elections held in the State, it is feared that such undemocratic attempts shall increase manifold if adequate measures are not effectively implemented immediately. Only last week, a BJP party worker Patanu Mondal was murdered in his sleep in Malda District while he was asleep with his wife and eight month old daughter. Over all more murders have taken place.

 

West Bengal has become a police state with police raj with the police being mere spectators to such vibes of violence and fear is gripping the entire State. Under the leadership of Smt. Mamata Banerjee and with the Trinamool Congress party in power, the State of West Bengal is grappling under fear and lawlessness.

 

We apprehend, that voters fear that similar to previous occasions, will once again be stopped mid way by the ruling party ‘cadres’ from reaching their respective polling booths and casting their ballot. It is a well known fact in West Bengal that before even reaching their booth, voters are intimidated, told to return home on the pretext that their vote has already been cast by proxy! Till today Central Forces have not reached the constituencies where elections are to be held in the 1st phase on 11th April. (ie. Alipurduar and Cooch Behar) In Toofanganj (Alipurduar) the candidates of Bhartiya Janata Party are not able to carry out rally’s due to large scale obstructions. Bombs are thrown at residence doorsteps to perpetrate panic and fear in the minds of voters on polling day so as to deter them from leaving their homes. Peaceful processions during campaigning are attacked in abject absence of the local police.

 

It is once again stressed and reiterated that there is, however, much more needed to be done at this hour to attain the goal of free and fair elections in West Bengal. Our further suggestions are:

              

  1. Deployment of Paramilitary Forces in all 42 Constituencies: In light of the sorry reality that the biased local police is acting at the behest of the ruling State government, and failing to reign in the anti social goons at the ruling State government’s command, we request that considerable deployment of paramilitary forces be made in all 42 Parliamentary constituencies so as to increase voter confidence and assuage fears of violence on polling day(s). Posting of paramilitary forces must be carried out solely by the Special Police Observer in a transparent and unbiased manner and this must be done immediately. Every street, every village must be patrolled regularly to reassure voters. Attempts at corrupt practices like bribing voters, impersonation, canvassing within 100 metres of polling booth ought to be prevented since these are blatant violations of the Model Code of Conduct. Local TMC leaders and Councillors are giving out free Maida, Aata, Oil and other daily items to buy votes. Constituency wise Control Rooms can be set up to receive complaints and act on them in real time to maintain vigil. Moreover central forces must be directed to carry out “flag march” in all areas/constituencies immediately.

 

  1. Preventing TMC Party workers who double up as “Civil Volunteers” from entering Police Stations: In addition to local Police, the present political dispensation has introduced a system in the name of ‘civil vigilantism/ civil volunteers’. It is common knowledge that these vigilantes are all affiliated to the ruling party and they work at its behest; consequently, jeopardising the interest of public and other political parties. They are paid salaries by the ruling party, and even received a pay hike last October. They were appointed without any appointment rules or rules were modified to facilitate their appointment without even checking their criminal antecedents. They are the biggest threat in the Lok Sabha election 2019 as they are acting as paid workers at the expenses of the exchequer. Such Civil police / volunteers must be restrained from entering respective police stations at least one week prior to the date of polling.  These Civil Volunteers all the more must not be deployed for any election related duty. We further suggest that 7 days prior to voting these civic volunteers must not be allowed to enter the jurisdiction of their police station.

 

  1. Tainted officers: Those officers who were either transferred or penalised in the past elections should, in no situation, be part of the election mechanism because they unduly influence the elections towards the ruling party of the state. They pressurise and mould the situation to the disadvantage of other political parties.

Secondly, the state administration, including the police forces displayed their inability or spinelessness when, despite approvals/permissions; helicopters were not allowed to land for political rallies and so on. If these officers remain part of the election process, or likewise are appointed as Returning Officers (ROs) or Additional Returning Officers (AROs), the actual mandate of the people will not fructify.

Thirdly ,in a very calculative manner, the officers -proximate to the ruling party, who were supposed to be transferred in every three (03) years to another ‘revenue district’, are only transferred to another ‘police district’ meaning thereby these officers still unduly influence the voters of that revenue district for their prolonged presence. It is also in the public knowledge that the ruling dispensation has retained certain favourite officers for their convenience, examples are given hereinbelow and moreover who should be asked to proceed outside the State of West Bengal:

  1.  Sh. Surajit Kar Purkayastha, a retd. IPS who was DG (CID) from 14.02.2016 to 31.05.2016 became DG (West Bengal) from 01.06.2016 to 31.05.2018 and then appointed as Police Commissioner, Kolkata from 14.02.2013 to 13.02.2016 and is still continuing as State Security Advisor from 01.06.2018 after superannuation. This allows him to continue overseeing the police mechanism and stay in direct contact with police officers. Sh. Purkayastha is presently the State Security Advisor having more powers than the DGP and Commissioner of Police.

 

  1. Sh. Rajeev Kumar, IPS was the Police Commissioner from Jan, 2012 to Jan, 2015; he was then appointed as ADG (CID) from Feb 2015 to Feb, 2016, then he became Police Commissioner, Kolkata from 14.02.2016 to 12.04.2016 and ADG (CID) from 13.04.2016 to 20.05.2016. Subsequently, he became Police Commissioner, Kolkata from 21.05.2016 to 19.02.2019 and is now ADG (CID) from 20.02.2019 onwards. Shri Rajeev Kumar, in particular, was removed as the Commissioner of Police (Kolkata) prior to the 2016 Vidhan Sabha elections due to his partisan nature and kept away from election duty. Shri Rajeev Kumar has the gravest of allegations levelled against him from the Central Bureau of Investigation (CBI), yet continues to enjoy one of the highest ranked postings in the State as the Chief of the Criminal Investigation Department (CID). CID is used these days less for investigating crimes, more as the private enforcers of the Party diktats, with fake cases being lodged against Opposition leaders, and a constant surveillance through the phone tapping under the garb of “criminal intelligence gathering”.

 

  1. Sh. Anuj Sharma IPS, is the present Commissioner of Police who was removed from the post of ADG Law and Order just before the announcement of the MCC. Shri. Anuj Sharma has wrecked a reign a terror upon the workers of the Bhartiya Janata Party and there are several complaints received by BJP party workers of threat and intimidation.

 

  1. Sh. Dilip Banerjee, IPS (Retired Promotee) was the Joint CP (Intelligence), Kolkata Police. In 2013, he was Joint CP (Organisation), whereas in 2012, he was DIG Presidency Range and in 2010, he was DC Traffic. Even after superannuation in 2018, Shri. Dilip Banerjee has been retained as the OSD Intelligence in Special Branch of Kolkata Police.

 

  1. Shri. Shivaji Ghosh, IPS (Retd), he was the ex-ADG CID and Ex ADG Law and Order and is presently continuing as the Chairman of the Police Housing Board after retirement having tremendous control over police forces since he directly handles housing matters of the police and therefore has a pan-Bengal approach to all police officers.

 

  1. Smt. Rina Mitra IPS (Retd), after superannuation she has been retained as the In-charge of Internal Security for West Bengal. It is stated that Smt. Rina Mitra has all along served within the Ministry of Home Affairs, Govt. of India and retired as the Special Secretary, Internal Security to the Govt. of India. It is stated that the present political dispensation of the State of West Bengal is using the services of Smt. Rina Mitra to divert central forces and act as a mediator between the State of West Bengal the Central Forces since she has all along served in the Central Government.

 

  1. Shri. Hari Rajan IPS (Retd), Chairman Police Recruitment Board. Shri. Ranjan is occupying this post even after retirement and due to the nature of the recruitment has direct access the lowest rung of police officers and is in fact misusing his position to influences the police machinery.

 

It is further stated that the following police officers were sitting on a dharna with the Hon’ble Chief Minister of West Bengal as seen widely on both electronic and print media:

 

  1. Sh. Moloy De, IAS, Chief Secretary of West Bengal
  2. Sh. Atri Bhattacharya, Home Secretary of West Bengal
  3. Sh. Rajeev Kumar IPS, Ex Kolkata Police Commissioner and presently ADG CID
  4. Sh. Virendra, present DGP
  5. Sh. Surajit Kar Purkayastha, former DGP and presently State Security Advisor
  6. Sh. Anuj Sharma, present Commissioner of Kolkata Police.
  7. Sh. Supratim Sarkar, Jt. Commissioner Headquarters
  8. Sh. Praveen Tripathi, Jt. Commissioner (Crime).
  9. Sh. Gyanwant Singh, present Commissioner of Police of Bidhannagar and accused by CBI in Rizwanur Rahman Case.

The above action speaks volumes about their political affinity and their presence in the election processes will immensely jeopardise the fairness of the elections. Under the leadership of Smt. Mamata Banerjee Police Raj is going on. Therefore, these officers including the local police officials acting at the behest of political machinery should not at all be part of the electoral process and should be asked to proceed outside the State of West Bengal since their neutrality is seriously doubted.

 

Many of these Officers have been in fact promoted out of turn, in a clear violation of not just conventions but also Orders of the Hon’ble Supreme Court, with far-more deserving candidates being overlooked since they do not adhere to the Party diktats. There is no denying that there is not a single shred of neutrality in these Officers, and it is a travesty that they continue to hold very important positions even after the ECI has enforced the Model Code of Conduct. In order to ensure free and fair elections in the State, it is necessary to counter this blatant display of partisanship which has resulted in the creation of a mechanism wherein only Party loyalists continue to enjoy the most important of posts. It is urgently required that the ECI make necessary changes in the State Administration, and in fact decides to send the tainted and biased Officers out of the State with a clear instruction that they do not contact even a single police officer who is helping the ECI carry out its sacrosanct task. Thus, in furtherance of our submissions hereinabove, we once again reiterate that the above officers should immediately be asked to proceed outside the State of West Bengal to prevent undue influence upon police machinery.

 

  1. Sensitive area: Considering this complete subversion of government machinery, we reiterate our demand that the state of West Bengal should be declared as Sensitive area/ Special area; and, in each and every polling booth, paramilitary forces should be deployed instead of the local police –who are acting for the ruling party. If necessary, Sec.144 Cr.P.C. should be imposed in all constituencies 48 hours before polling as was done during the 2016 Assembly elections. Presiding officers for “super sensitive” booths can be brought in from outside the State. The polling booths ought to be guarded by the paramilitary forces and not by the local police. 

 

  1. Heinous Criminals must be asked to leave the State of West Bengal and not merely their respective Constituencies: although the 1st phase is on 11th April 2019, violence has already gripped the State of West Bengal and day light murders are taking place. Candidates are not being allowed to campaign in as much their vehicles are also being attacked. This is all widely covered by both electronic and print media. It is also learnt that Trinamool Party leaders are trying extremely hard to obtain the release of criminal who are presently incarcerated. It is therefore requested that the Election Commission of India passes an order thereby directing that such heinous criminal who have antecedents should proceed outside the State of West Bengal.

These elections in West Bengal are historic. We request the election commission to consider our earnest prayers and grant the same to ensure free and fair election in the State of West Bengal.

 

 

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