BJP Memorandums to ECI

16-05-2019
Press Release

Date: 16.05.2019                                                                               BJP/ECC/2019/127

 

The Chief Election Commissioner & Election Commissioners,

The Election Commission of India

Nirvachan Sadan, New Delhi- 110001

 

SUB.: TO APPOINT SPECIAL COUNTING OBSERVER IN THE STATE OF WEST BENGAL, ODISHA, ANDRA PRADESH,MADHYA PRADESH AND CHHATISGARH

Sirs,

  1. We hereby bring to your attention that, in the milieu of repeatedly escalating violence, state supported vandalism, partisan attitude of state machineriesandcontinual failure of the machineriesto check blatant disregard of electoral norms and imperatives, we apprehend that the date of counting will be no exception to the continued misdemeanour in the state of West Bengal, Odisha, Andra Pradesh, Madhya Pradesh and Chhattisgarh. The apprehension is legitimate,and sans necessary measures are taken, the entire endeavour of the Commission to conduct a free and fair election will become a charade.

 

  1. WEST BENGAL

 

It is well within the cognizance of the Hon’ble Commission the deteriorated law and order situation in the state of West Bengal. The entire election remained bloodshed and a number of our party workers and supporters were murdered in spite of numerous measures being taken by the Election Commission to ensure peaceful election. The desperation of the TMC to remain in power has resulted in using goons to carry out political murders, capturing booths, damaging properties et al.

 

The state administration is working like and extension of the ruling TMC Party. Our party leaders like Sh. Yogi ji and Smt. Smriti Irani ji were not allowed to campaign in the state. The TMC goons have attacked the peaceful road show of Sh. Amit Shah ji and carried out large scale vandalism. The situation is so volatile that "probably" for the first time the Election Commission has invoked Article 324 to cut short campaigning ahead of parliamentary polls in certain constituencies.

 

Thirdly, the collusion of the state machinery with the TMC became so apparent that yesterday i.e. on 15.05.2019, the Commission ordered the removal of ADG (CID) Sh. Rajeev Kumar and Sh. Atri Bhattacharya, the Principal Secretary, West Bengal for interfering in the process of conducting elections.

 

The increasing instances of poll violence including pelting of stones and others make the situation delicate. The primary concern shall be protection and security of the Strong rooms. Hence, appointment of a Special Counting Observer is indispensable.

 

  1. Odisha

 

In Odisha, we have witnessed and made complaints against three political murders, booth capturing, booth rigging, and bribing by the state machineries in different forms.

 

Apart from the General elections, there was state election also in the state of Odisha. So, there will be a lot of people in the places of counting and there are chances that there will be violence during the counting process.

 

Besides other phases, in 6th phase we made a demand for re-poll in 126 booths and in 64 booths in the 7th phase for blatant violation of electoral norms in the form of booth capturing and other. The Election Commission has also ordered re-poll in 34 booths in 10 districts in Odisha. So, the apprehension of BJD interfering with the counting processes is also genuine.

 

That for us, in Odisha, the fight was not only with the BJD as a party but with the state machineries. In the past also, we had made complaints regarding undue influence of bureaucrats in affairs of the ruling-BJD during the elections in Odisha. The Chief Minister’s private secretary Sh. VK Pandian, OSD to CM Sh. DS Kuttey & DIG Intelligence Sh. Asish Singh were actively participating in the elections and wrongfully used government machineries for political gains. Similarly, the collector in Kendrapara district, and Presiding Officer in Satyabadi Assembly constituency where some miscreants vandalised the EVMs, are taking sides to suit the ruling BJD party.Ministers and Officers were involved in openly bribing the voters.

 

Hence, it is unlikely that the process of counting will be smooth. So, appointment of Special Counting Observer is essential.

 

  1. Andhra Pradesh

 

There were simultaneous General Elections andAssembly elections in the state of Andhra Pradesh and the situation has become such that there is an apprehension that there might not be conducive environ for counting in the state of Andhra Pradesh.

 

Secondly, needless to highlight following complaints against the Director-General, Intelligence, AB Venkateswar Rao for supporting the ruling Telugu Desam Party (TDP) and after the instructions of the EC, the chief secretary Sh. Anil Chandra Punetha issued orders on 26th March 2019 transferring AB Venkateswar Rao, Kadapa SP Rahul Dev Sharma and Srikakulam SP A Venkatratnam. But the next day, the orders were withdrawn partially. So, the Election Commission on 05th April, 2019had to transfer the chief secretary Sh. Anil Chandra Punetha.

 

Thirdly, in Andhra Pradesh, strong protest was made by the TDP Chief against EVMs and issues related to VVPAT. There is an apprehension that they might create ruckus on these issuesand other issues again on the day of counting; so it is demanded that Special Counting Observer be appointed in the state of Andhra Pradesh for smooth counting process.

 

  1. Madhya Pradesh

 

In Madhya Pradesh, the state government is acting as an arm of the Congress. Vide our letter dated 06.05.2019, we have made a complaint against Shri Omkar Singh Markam, a Congress MLA and Minister in Madhya Pradesh Government for having a meeting with the collector of Shahdolon 20th April, 2019 contrary to all norms, rules and provisions of electoral laws with a view to misuse the state administration to influence the elections in Shahdol Parliamentary Constituency.

 

There are many such instances.The conduct of the district collector / RO, Shri Lalit Dahima and the conduct of the Returning Officer/Collector of Sidhi,Sh. Abhishek Singh where he has regularly indulged in biased conduct in favour of Indian National Congress candidate Sh. Ajay Rahul Singh was also highlighted in the said letter.In addition, we have also made complaint against DGP (MP) Sh. V.K. Singh and have highlighted his conduct.

 

Not only this, the state administration has gone to the extent of denying permission for holding public meeting of Hon’ble Prime Minister Shri Narendra Modiji on 26th April 2019 at Gol Bazar Shahid Smarak Jabalpur andthe administration denied permission to helicopter carrying Sh. Shivraj Singh (former CM of MP) to land & take off beyond 5 pm. at Chhindwara. These are not isolated incidents. These are part of the chain of events highlighting the partisan attitude of the state administration.

 

When Returning Officers and others sideline with a political party, free and fair election becomes casualty. In view of the above and other law &order situation, we demand that a Special Counting Observer be appointed in the state of Madhya Pradesh.

 

  1. Chhattisgarh

 

In Chhattisgarh the CEO is under huge pressure of the state administration. This is evident from the fact that it has withdrawn the Model Code of Conduct under their pressure.

 

Secondly, distribution of wrong polling date printed voter slips in Bastar loksabha constituency and usage of the party symbol of Congress in the advertisement of the CEO is a glaring example of the fact that the CEO is clearly acting in the behest of the ruling party.

 

Under these circumstances, we apprehend that there will be no fairness in the counting processes and appointment of Special Counting Observeris essential.

 

  1. That our apprehension is premised on contemporary experiences and the fact that the Hon’ble Commission is conducting re-poll in many such booths in these states fortifies the discernment as genuine.

 

  1. That Counting is the final major step in the election process; and in absentia of correct and proper counting, the true choice of the electorate cannot be recorded. Therefore, in order to ensure that there are no illegal activities and the counting process is carried out in a smooth manner, it is paramount that the Special Counting Observer be appointed.

 

  1. That the Hon’ble Commission, in the past (in 2016), have also appointed such Counting Observers in West Bengal and this is not an extraordinary demand that we are raising. The demand is genuine.

 

  1. Hence, we request you to appoint Special Counting Observers in the state ofWest Bengal, Odisha, Andra Pradesh, Madhya Pradesh and Chhattisgarh for smooth conductof counting process.

 

 

With regards,

 

 

(Prakash Javadekar)                       (Mukhtar Abbas Naqvi)                (Vijay Goel)

 

 

 

 

(Anil Baluni)                                                (Om Pathak)                                     (Neeraj)

 

16th May 2019                                                                                     BJP/ECC/2019/125

The Chief Election Commissioner & Election Commissioners,

Election Commission of India,

Nirvachan Sadan, Ashoka Road

New Delhi – 110001

Subject: WEST BENGAL – Challenges of 7th Phase Polls

Sirs,

This is in continuation to several of earlier representations against the escalating and uncontrolled polls related violence in West Bengal. We have also since studied the order of the Election Commission 576/Misc/2019/SDR Dated 15th May 2019. The order states;

"During the review with the Observers it clearly came out that while logistics arrangements , including trainings of polling officials , etc are mostly on track as per ECI requirements, there is distinct resistance and Non-cooperation from the district administration and district police when It comes to providing level playing field to all candidates for campaigning And in providing a fearless threat free environment to the voters. The Observers pointed out that while on the surface everything looks fine, But in their frank interactions with the public the fear psychosis that is widely Prevalent comes out: They pointed out that utterances of the AITC senior Leaders on the lines of' ‘Central Forces will leave after the elections while We will remain’ sends a chilling message among the officers as well as Voters alike”

The order further states;

“Whereas, on the basis of these reports and inputs, Commission is concerned about the safety and security of the general electors who have a right to access to the campaigns of all the political parties / candidates in free, fearless and conducive environment.”

From the reading of the order of the Commission, it can be safely surmised that there is complete constitutional breakdown of governance and law & order in the state. The district officials have openly and persistently defied the orders of ECI, conventions, covenants as provided in the statutes and acted in a highly partisan manner at the instance and instructions of the ruling party and its leader. The denigration of country’s highest constitutional bodies like the Election Commission and the office of the Prime Minister of India by the TMC chief, Ms. Mamata Banerjee is itself the biggest danger to the Indian’s democratic traditions and its constitution.

While the Commission may take a larger view of such occurrences, the commission is requested to take the following measures on immediate and urgent basis;

  1. Round up known heinous criminals and history sheeters and either hold them in preventive detention or move them out of the state of West Bengal and not merely out of their respective constituencies until conclusion of the elections. Their weapons and arms must also be confiscated. We have compiled a list of known history sheeters / criminals in the nine Parliamentary constituencies scheduled for polls on 19th May 2019 in West Bengal, and the same is being submitted to you vide Annexure 1.

This is quite in line with the Commission’s instructions as contained in its notification no. 464/L&O/2007/PLN-I dated 8.1.2007. and it reads;

  • “Compile a list of such persons as are reported to have indulged in electoral offences like booth capturing, intimidation, impersonation in each police station of each and every constituency during the past at least two elections…
  • Update the lists of history sheeters, declared absconders, fugitive criminals in each police station falling in each and every Assembly Constituency” as well as
  • Effect the service of all pending warrants and challans in each police station of each and every Assembly Constituency….
  • Prohibitory orders under section 144 of the Criminal Procedure Code, 1973 should be issued banning the carrying of licensed arms as soon as an election is announced and should be effective till declaration of results… and a special drive should be launched to unearth and seize unlicensed arms and ammunition”

A copy of the Commission’s notification no. 464/L&O/2007/PLN-I dated 8.1.2007 is annexed hereto marked Annexure 2.

It is worth noting that during these general elections itself, the Mumbai Police prior to the polling date had externed 85 and identified 5,000 history sheeters. Copy of the media report dated 2.4.19 is available online at https://www.hindustantimes.com/lok-sabha-elections/city-cops-take-up-poll-position-extern-85-keep-an-eye-on-5-000/story-zl68MEQj4m2eArs0apl3kL.html, annexed hereto and marked Annexure 3.

  1. The EC appointed observers be asked to take charge of non-statutory electoral functions like permissions, deployment of forces, maintaining law & order.
  2. Senior Officers of the CAPF; CRPF or CISF of any other force, may be asked to personally supervise the deployment of their forces and ensure that act strictly in accordance with the guidelines issued by the MHA.
  3. They may also be instructed to personally ensure that the deployed forces are acting in accordance of aforesaid standard procedures and are in no way being exposed and are vulnerable to any other influences.
  4. We understand that there are around 400 QRTs [Quick Response Teams], headed by officers of the rank of company commander. We suggest that the information regarding availability of QRTs be spread across the constituencies going to polls and a call centre with one single four-digit number be advertised by the commission, so as their help can be sought when needed.
  5. Officers engaged in the election duties be strongly advised and warned to act impartially and be also assured of protection, should their actions, though legally correct are not subservient to the wishes of the ruling party, TMC.

The above measures if undertaken it could well help all of us accomplish fair elections in the 7th phase.

Thanking you,

Yours Sincerely

 

Prakash Javadekar                Mukhtar Abbas Naqvi                      Vijay Goel

 

Anil Baluni                                         Om Pathak                             Neeraj

 

 

16th May, 2019                                                                                  BJP/ECC/2019/126

 

The Chief Election Commissioner and Election Commissioners

Election Commission of India,

NirvachanSadan, Ashoka Road

New Delhi - 110001

 

SUBJECT : COMPLAINT AGAINST MS. MAMATA BANERJEE FOR HER COMMENTS CALLING HON’BLE PRIME MINISTER SHRI. NARENDRA MODI AND BJP PRESIDENT SHRI AMIT SHAH “GOONDA” IN COMPLETE VIOLATION OF MODEL CODE OF CONDUCT AND PROVISIONS OF REPRESENTATION OF PEOPLE ACT.

 

Sir,

This is to bring to your kind notice the gross violation of Model Code of Conduct by Trinmool Congress Chief Ms. Mamata Banerjee, for insulting Prime Minister Shri NarendraModi and Shri Amit Shah in complete violation of Model Code of Conduct. While speaking to the press on 15th May 2019, Ms. Mamata Banerjee stated,

 

“…दो गुंडे हैं..एक मोदी गुंडा है और एक अमित शाह गुंडा है.. दोनो अव्वल दर्ज़े के गुंडे हैं... इनके पास समर्थक भी नहीं हैं... पैसे देकर सीपीआई-कांग्रेस से समर्थक उधार लेते हैं.. आपके पाल समर्थक नहीं हैं तो मुझसे बोलिये मैं आपको समर्थक दे दूंगी... क्या अमित शाह समझते हैं कि वो मोदी के बाद प्रधानमंत्री बनेंगे? अमित शाह गुंडा.. क्या करेंगे मेरा गला काटेंगें?विधासागर की मूर्ती तोड़ोगे तो गुंडा नहीं बोलूंगी तो क्या बोलूंगी..”

The said video is available online at https://youtu.be/9vFAlUVJSI8

It is submitted that the above statement is a gross violation of Model Code of Conduct as the allegations levelled by Ms. Banerjee are completely false and unverified which are prohibited under Representation of People Act. It is further submitted that Ms. Banerjee is trying to prejudice the election prospects of not only Prime Minister NarendraModi but also all the candidates of BJP fighting election in West Bengal on 19th May 2019. The Model Code of Conduct (The Manual of Model Code of Conduct (March 2019) for the Guidance of Political Parties and Candidates @pg 161 states):

(2) Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.

 

It is submitted that the provisions of Model Code of Conduct further provides

 

Use of intemperate and abusive language transgressing the limits of decency : The Commission duly recognizes the fundamental right of freedom of speech and expression under Article 19(1)(a) of the Constitution guaranteed to citizens of India, but it also needs to be pointed out that such right to freedom of speech and expression is not absolute and is to be exercised in such a manner that it does not transcend, inter alia, the boundaries of decency and morality or disturb public order or amount to defamation or give incitement to an offence as ordained in clause (2) of that Article 19. The Model Code of Conduct aims and seeks to achieve that very objective by its various provisions.

(Page 149 Compendium of Model Code of Conduct)

 

It is further submitted that the above statement of Ms. Mamata Banerjee is clearly aimed at prejudicing the election prospects Shri NarendraModi and all other BJP Candidates election which is clearly prohibited under Section 123 (4) of Representation of People’s Act.

 

Section 123 (4) : The publication by a candidate or his agent or by any other person 4

[with the consent of a candidate or his election agent], of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal, 5 * * * of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.

 

That in light of above provisions of law Ms. Mamata Banerjee should be censured from doing any campaign and/or canvassing in the elections for violating with impunity the Representation of the People Act 1951 & Model Code of Conduct.

 

Yours Sincerely ,

 

 

Prakash Javdekar                                        Mukhtar Abbas Naqvi

 

 

Anil Baluni                                      Om Pathak                                       Neeraj

 

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