BJP memorandums submitted to ECI

13 th March, 2019

The Chief Election Commissioner & Election Commissioners,
Election Commission of India
Nirvachan Sadan
Ashoka Road
New Delhi

Sub:- Representation against ban on use of Loudspeakers for
Election Campaign in General Elections 2019 – State of West Bengal

Dear Sirs,

In its notification dated 5th February 2013, the Government of West Bengal banned
the use of microphone or loudspeaker during Secondary and Higher Secondary
Examinations conducted by the school examination baords. The notifiction only
prohibits the use of microphone or loudspeaker in residential areas or where
educational institutions are situated three days prior to the commencement of
Secondary and Higher Secondary Examinations conducted by any Board or Council
until the completion of such examinations. The exam schedule of the local exams and
notification is Annexed to this letter as Annexure A.
As is apparent from a reading of annexure ‘A’ the West Bengal Board Exams
conclude on 13th March 2019 and a few other Boards exams on a slightly later date.
While the notification only restricts the use of microphone in residential areas and
areas where educational institutions are situated and only until the conclusion of
examinations, the state government is abusing its authority to curb political activities
under the garb of this notification.
Such arbitrary action of the Government is illegal and violative of Article 14 and
Article 19 that guarantees the right to free speech. Political parties and its members
have the constitutional right to canvass their agendas and seek public support. In
addition to this Hon'ble Apex Court has held that the right of the voter to know and
effectively exercise his franchise is protected under Article 19(1)(a). The right of the
members of a political party to communicate with its voters is equally a part of the
right under Article 19(1)(a). Therefore, the arbitrary prohibition on speakers after mischievously misinterpreting the notification is against the rights of voters as well as
political parties.
That the de facto effect of the aforesaid Notification due to its mis-interpretation by
the State of West Bengal is to completely prevent the organizing of rallies and meeting
of opposition parties. The blanket ban throughout election campaign in the entire State
of West Bengal cannot be justified. Any kind of public contact on a mass basis, would
necessarily require the useful audio amplification, which is wrongly prohibited and
beyond the scope of notification.
In view of the aforesaid the Election Commission is requested to pass suitable
instructions restoring the rights of political parties to use microphones and
loudspeakers as a integral requirement of electoral campaign.

Yours sincerely,

Nirmala Seetharaman Ravi Shankar Prasad Bhupender Yadav

Kailash Vijayvargia Mukul Roy Anil Baluni

Om Pathak

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13 th March, 2019

The Chief Election Commissioner & Election Commissioners,
Election Commission of India
Nirvachan Sadan,
New Delhi.

Sub: Parliament Election 2019 – Threat to Free & Fair polls in West Bengal

Dear Sir,

We wish to draw your attention to the volatile political atmosphere in West Bengal,
where political clashes and killings have become an everyday affair. The state and its
citizens have witnessed escalating political violence over the past 40 years and
consequently are in a state of fear. The bureaucracy and state employees, for a variety
of reasons, has become subservient to the ruling party negating the very doctrine of
impartiality and fairness towards all. The two past elections; General Elections in 2014
and the Assembly Elections in 2016 reveal a pattern of intimidation, fear and violence,
thus negating the very essentials of free and fair elections.
So severe and pervasive is the sense of Fear that in the recent Panchayat elections in
the State, conducted by the State Election Commission, nearly 34% of the seats were
won, UNCONTESTED, by the TMC the ruling party. Peace loving citizens of West
Bengal preferred to stay away from elections rather than risking their lives. What
followed was worse. More than 100 election related deaths were reported, out of
which 64 were BJP workers. This has further driven the genuine voter away.
Given the limitations of the state bureaucracy, its police and other functionaries
coupled with the state of prevailing fear, the state faces grave danger of a derailed
democratic process and vitiated elections.
The state of West Bengal has a long running border with Bangladesh and given the
partisan attitude of the TMC the ruling party, there is state supported illegitimate
immigrants together with firearms, counterfeit money, explosives and other
contrabands. Just as the elections approach, we seriously apprehend stepping up such
activities on the borders of the state of West Bengal.
It is in this backdrop that we prepare to go into the General Elections of 2019.
In order to ensure that free & fair elections where every candidate can contest without
fear, where every voter can turn up to vote without any intimidation, coercion, fear,
threat or violence, the Commission may invoke its powers conferred by article 324 of
Constitution of India. As a first and most important step, the commission may declare
the whole state of West Bengal as SENSITIVE. In doing so, the Commission is
requested to take the following special measures;
1. Appointment of Chief State Observer
To oversee the functioning of the office of Chief Electoral Officer of West
Bengal and ensure that opposition parties are dealt with fairly and are not
denied their democratic rights.
2. Appointment of State Level Observer for Electoral Rolls
A senior and experienced special observer be appointed from outside the
state who will oversee and review the work of EROs and ensure an
accurate and authentic voters list, the very basis of a fair election.
3. Appointment of Special Media Observer
The issue of election related timely Approvals and Permissions in the state
of West Bengal needs special attention. To ensure that there are no delays
as stipulated by the Commission, a special state level media observer be
appointed to address, intervene and rectify the approvals and permission
related problems.
4. Appointment of Senior State Level Police Officers
Director General of Police, Additional Director General Law & Order,
Police Commissioners must be appointed from outside the state with full
authority to manage the state police force.
5. General & Police Observers; Special powers to review and rectify
All General Observers be empowered to oversee and review the
functioning of the District Election Officers and Returning Officers, only to
ensure that there are no violations of the electoral laws, rules, process and
instructions issued by the ECI.
All Police Observers be given the responsibility and authority of
deployment of CAPF, in addition to powers and authority to review and
rectify the deployment of local state police. The final word on such
deployment must rest with the Police Observer.
Intensive combing operations for licensed and unlicensed arms and
ammunitions should be carried out as deterrent measures towards violence.Habitual and proclaimed criminals and offenders should be apprehended in
time so that these goons are away from the poll process.
6. Others
A record be kept at the entry points of polling stations of the persons
entering the polling station and such number be tallied with the number of
votes cast in that polling station.
Civil Volunteers appointed by the State Government must not be deployed
on any election or election related duty.
ECI may take up pre-poll confidence building special exercise /
campaigning program amongst the frightened voters. The special drive
should assure voters that there shall be a free and fair poll – in which
common people will be allowed to vote without threat, fear or intimidation.
As a special initiative for a SENSITIVE State, these observers / officials should
be positioned well in advance so they can familiarize with the area and the task at
hand. Any dependence on the local officers, civil or police must be minimised.
They should be able to appraise the gravity of the situation in advance and ensure
that the mandate of free & fair elections is fully delivered.
We will be obliged for your kind consideration of the above in your commitment
towards enforcing the democratic process in the State in a free and fair way.
Thanking you,
With regards,

Nirmala Seetharaman                          Ravi Shankar Prasad                Bhupender Yadav
 
Kailash Vijayvargia                            Mukul Roy                                    Anil Baluni

Om Pathak