Electoral Systems

ECI-MCC Violation-Gujarat

Email from Devasahayam MG <This email address is being protected from spambots. You need JavaScript enabled to view it.>  27 Nov 2022  to Election Commission
Dear Election Commissioners,
We in the Electoral Democracy Group are in total agreement with what has been written by Mr EAS Sarma, distinguished Civilian and Prof Jagdeep Chokker, Co-Founder of Association for Democratic Reforms. We would like to further add that the alleged action of Mr Amit Shah is blatant violation of Model Code of Conduct. ....(..extract from Model code of Conduct - edited) 
Through this Letter sent by email we will urge the ECI to initiate immediate action under this provision in compliance with its Constitutional mandate of holding free and fair elections to State Assemblies. 
M G Devasahayam IAS (Retd) Convener, Electoral Democracy Group

From: Jagdeep Chhokar <This email address is being protected from spambots. You need JavaScript enabled to view it.>  26 Nov 2022

...  1. This is in continuation of Dr.E.A.S. Sarma’s email of November 26, 2022 (a copy of which is appended at the end of this email), about the violation of the Model Code of Conduct (MCC) by the Union Home Minister, Mr. Amit Shah while addressing a rally in Mahudha town of Kheda district, in support of BJP candidates ahead of the next month's Assembly elections, as reported by the NDTV news channel which is available at the link https://www.ndtv.com/india-news/rioters-taught-lesson-in-2002-permanent-peace-in-gujarat-amit-shah-3552887 .
... 3. I fully agree with and support all that Dr. Sarma has said in his email.
4. In addition, I wish to bring to your attention that Mr. Amit Shah’s statement:
a. attracts section 8 of the Representation of the People Act, 1951, and
b. is in violation of section 153A of the Indian Penal Code ....(extract from 153A)

5. In view of the foregoing, I strongly urge the Commission to do the following:
a. Deferment the elections in Gujarat “till such time that the environment becomes conducive to conducting elections freely and fairly”, due to the gross violation of the Model Code of Conduct, as already suggested by Dr. Sarma.
b. Initiate action for the lodging of appropriate complaint and registration of consequential First Information Report for the violation of section 153A of the Indian Penal Code against the alleged offender(s).
6. Since the matter concerns the election in the state of Gujarat where the polling for the first phase is scheduled to be held on December 01, 2023, it is requested that the action taken on this email may please be intimated to me by November 28, 2022 so that I can initiate further action if necessary, in good time before the polling date of December 01, 2023...
Jagdeep S. Chhokar.. Former Professor, Dean, and Director In-charge Indian Institute of Management, Ahmedabad'

Email of Dr. E.A.S. Sarma dated November 26, 2022
...I have come across the following highly objectionable statement, reported to have been made by Shri Amit Shah, the Union Home Minister, in Gujarat yesterday, addressing a rally in Mahudha town of Kheda district, in support of BJP candidates ahead of the next month's Assembly elections (https://www.ndtv.com/india-news/rioters-taught-lesson-in-2002-permanent-peace-in-gujarat-amit-shah-3552887 )
"During the Congress rule in Gujarat (before 1995), communal riots were rampant. Congress used to incite people of different communities and castes to fight against each other. Through such riots, Congress had strengthened its vote bank and did injustice to a large section of the society.....But after they were taught a lesson in 2002, these elements left that path (of violence). They refrained from indulging in violence from 2002 till 2022. BJP has established permanent peace in Gujarat by taking strict action against those who used to indulge in communal violence,"
The said statement apparently refers to how a political party and certain sections of the people "taught a lesson", which in effect implies those other than the law enforcement authorities had taken law into their hands. If the statement is correctly reported, it would have serious public interest implications.
I sincerely hope that Shri Amit Shah had not made any such statement but, if he had indeed made a statement to that effect, considering that it has come from him, holding the high and responsible office of the Union Home Minister, it assumes a great deal of importance, having wide ramifications for the ensuing Gujarat elections, scheduled to take place shortly and even for other Assembly elections scheduled to take place elsewhere in the country during the next few days.
The statement, if it is found to be true, violates the Model Code of Conduct in force, especially with reference to the following clause,

"There shall be no appeal to caste or communal feelings for securing votes.
Shri Shah's statement needs to be viewed by the Election Commission in conjunction with the reported fact (https://www.outlookindia.com/national/bilkis-bano-case-centre-approved-the-release-of-11-convicts-gujarat-government-submits-to-sc-news-230694 ) that it was the Union Home Ministry that cleared the release of the eleven rape convicts in the Bilkis Bano case, directly related to the infamous Godhra incidents in 2002, which triggered the shameful sequence of events that shook the nation's conscience. The background and the aftermath of the Gujarat incidents of 2002 are so widely known that I do not have to explain the same to the Commission in detail.
I believe that, as the custodian of free and fair elections in Gujarat and elsewhere, by virtue of Article 324, and the trust reposed by the electorate in the integrity and impartiality of the Election Commission, the Commission should act quickly, hold a special emergent meeting today, preferably during early hours, ascertain the veracity of the news report on Shri Shah's purported statement and, if the said statement is found to be true, the Commission should, as required, give an opportunity to the person who has made the statement to explain his position, take immediate penal action if necessary, so as to ensure that after-effects of the statement may not interfere with the integrity of the electoral process in the State.
From the statement referred, if it is true, I am constrained to draw the inevitable inference that it would have already impacted the course of the Gujarat elections in the short run and would have long-term adverse implications for the nation as whole. By token penalties imposed, the Commission may not be able to undo the considerable damage that would have already been caused, in which case, the only course of action left to the Commission is to consider deferment of the elections, till such time that the environment becomes conducive to conducting elections freely and fairly.
The Commission should also take note of the fact that the Union Ministry of Finance had earlier notified an unprecedented extension of the window for political parties receiving corporate donations, on which I had expressed my concern in my letter addressed to you on 8-11-2022, with a special reference to the Model Code (readily accessible at https://countercurrents.org/2022/11/electoral-bond-notification-in-violation-of-model-code-of-conduct-ec-must-intervene/?swcfpc=1). To the best of my knowledge, the Commission is yet to initiate any meaningful action on it!
I may further remind the Commission that its inaction in announcing Gujarat elections on October 14, 2022, simultaneously with announcement of elections in Himachal Pradesh (HP), and deferring Gujarat elections till November 3, 2022, for no plausible and convincing reason, resulted, in the Model Code of Conduct coming into force only on November 3. This indirectly (perhaps coincidentally!) gave license to the local authorities in Gujarat to go ahead with premature inauguration of the dangerous, incompletely restored Morbi bridge on Machchhu River, which in turn resulted in a horrific human disaster that took away the lives of more than a hundred innocent persons. Had the Commission announced the Gujarat elections along with its announcement of the HP elections, the Morbi accident would never have taken place! While the two events were not directly connected, it is a fact that the Commission did defer announcing the Gujarat elections, without citing any plausible and valid reason. It is essential that the Commission remains not only credible as a Constitutional authority but also appears to be so, in every respect.
The Election Commission of India is a unique, independent institution, owing its existence to Article 324 of the Constitution and the apex court has time and again emphasised that the Commission's responsibility is to ensure that nothing happens that affects the fairness of elections. During the time when the Model Code of Conduct is in force, the Commission has the authority to go to any extent to penalise those that violate the Code and take appropriate steps to safeguard the integrity of the electoral process in every possible way.
Several incumbents of the office of the Commission in the past had demonstrated the authority of the Commission in its full measure and the people of this country, who repose trust in the Commission's authority as an independent institution, expect the Commission to act objectively with the sole purpose of safeguarding the integrity and fairness of the electoral process, impervious to extraneous influences. The Commission cannot afford to permit political parties to indulge in divisive exhortations to the electorate and thereby influence elections against the public interest...

https://youtu.be/n-BSBlq_mbU?t=262 Electoral bonds case issues  

BJP Got Over Rs 2500 Crores In Electoral Bonds, Congress Next On List With Rs 318 Crores https://www.youtube.com/watch?v=cEZKtC9HjQQ 
 Oct 14, 2022 For seven years, the petitions challenging the electoral bonds (EB) system have been pending before the Supreme Court. Now, the hearing has once again been adjourned to 6 December, with the solicitor general taking the stand that EBs are "completely transparent".

More than 10 thousand crore worth of funds have been generated by EBs since 2015.

https://www.youtube.com/watch?v=ixgZVwW2S78 

Are Electoral Bonds Transparent & Do They Favour Ruling Party? | News Today With Rajdeep Sardesai
 For seven years, the petitions challenging the electoral bonds (EB) system have been pending before the Supreme Court. Now, the hearing has once again been adjourned to 6 December, with the solicitor general taking the stand that EBs are "completely transparent".

More than 10 thousand crore worth of funds have been generated by EBs since 2015.

Letter by E A S Sarma to CEC regarding 'irrational freebies' by political parties to voters and donations by corporate houses.

Any undue inducement by a political party in power to woo the voters at the cost of the public exchequer needs to be discouraged, though to call subsidies to the low-income households to enable them to secure access to basic amenities “irrational freebies” would be erroneous. Often, it is the freebies offered by the political executive to corporate businesses by way of huge tax concessions, relaxations in the laws and regulations in place to protect the natural resources to the detriment of the public interest and so on are far more toxic than the meagre subsidies offered to the disadvantaged sections of the society!

read more 

by E A S Sarma

03/08/2022

IFB Agro Industries Approves Contributions to Political Parties in form of Electoral Bonds Subscription Shivam Dwivedi 4 April, 2022 https://krishijagran.com/news/ifb-agro-industries-approves-contributions-to-political-parties-in-form-of-electoral-bonds-subscription/ 
In fact, this is not the first time the company's board of directors has approved subscriptions to such electoral bonds. Citing the same issue, the company decided in October last year to approve contributions to political parties via subscription to electoral bonds in one or more tranches totalling not more than 25 crore for FY22. It did not, however, mention the name of the party.

"Furthermore, the company's alcohol business has been suffering and is under threat, as we have been singled out by certain excise officials for refusing to comply with their illegal demands; we have requested the Chief Minister of West Bengal and also the Finance, Commerce and Industry Minister of the State of West Bengal to look into/investigate the same," it said in its filing.

Electoral bonds are almost becoming an official bribe tool in this country https://youtube.com/embed/uHmkBIO8eZo?start=767&end=942   when people have been shouting at the
top of their wise voice like i am right
now that electoral bonds is possibly
another official form of bribe This example right in front of us --ifb agro industries limited

IFB Agro board okays ₹40 cr electoral bond contribution https://economictimes.indiatimes.com/news/politics-and-nation/ifb-agro-board-okays-40-cr-electoral-bond-contribution/articleshow/90628841.cms  "The Board of Directors in its meeting dated 31st March, 2022, considered such issues and in the best interest of the company and all its stakeholders decided to approve contributions to political parties by way of subscription to the electoral bonds in one or more tranches aggregating not more than ₹40 crores for the financial year 2022-23," said the IFB release.

In December 2020, IFB Agro had said its alcohol business had been "suffering-and is under threat". "...we have been singled out by certain excise officials for not succumbing to their illegal demands - have requested the Hon'ble Chief Minister of West Bengal and also from Hon'ble Finance, Commerce and Industry Minister of the State of West Bengal to look into/investigate the same," the company said in an exchange disclosure then.