Before the Office of the UN High Commissioner on Human Rights, Geneva, Switzerland
via email to : petitions@ohchr.org
As per Model Complaint Form
For communications under: INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
Date: July 18, 2019
I. Information on the complainant:
Name: Ram Bansal First name(s): Ram
Nationality: Indian
Date and place of birth: Sept. 09, 1948, Khandoi, Bulandshahr, India
Address for correspondence on this complaint:
Village Khandoi 203398,
District Bulandshahr, U.P., India
Submitting the communication: on his/her own behalf
II. State concerned/Articles violated
Name of the State against which the complaint is directed: Government of India
Articles of the Covenant or Convention alleged to have been violated:
Elections to the National Parliament of India of 542 elected members were held by Election Commission of India (ECI) in seven phases beginning from April 11, 2019 with votes cast through Electronic Voting Machines (EVMs) and finishing with counting of votes on May 23, 2019 together for all the seven phases.
Before the votes were counted on May 23, 2019, hectic movements of EVMs in various types of private vehicles were noticed by people, in and out of the strong rooms where ECI has arranged secured storage of EVMs after the polls until the counting of votes. Some EVMs were also found in private homes, hotel rooms, etc in possession of ECI staff for no official reason thereof. On objections by people at some places, local administrative officials had pacified people but with no explanation or action against anybody involved in such unauthorized possessions and movements of EVMs.
At some places like Chandauli in Uttar Pradesh state, people noticed and objected to replacement of EVMs in strong rooms with those brought from outside. Local officials arranged return of brought in machines to pacify people. Enough of videographic evidences are available on such instances in Indian Youtube news channels listed in Annexure of this complaint.
Such instances prove that ECI tried manipulation of election results through replacement of actually used EVMs in strong rooms with preprogrammed machines for victory of candidates of a particular political party, thus nullifying voting rights of people of India. This manipulation affected election results of 373 constituencies evidenced by difference in votes polled and votes counted in the election. Thus, election results for 373 constituencies declared by ECI prove to be faked. Hence the Modi Government formed on basis of faked election results is illegal and unconstitutional.
Counting of votes was shown performed and winning candidates for all the constituencies were declared by ECI without data on number of votes cast in favor of various candidates in the 542 constituencies. The data once placed by the ECI on their official website had discrepancies in total number of votes counted and those polled in 373 constituencies. When this discrepancy was communicated through email to the ECI by Mr Raghav Bahl, Editor of Quint, the ECI removed the data from the website saying that the data was tentative. Since then, no data has been provided by the ECI.
ECI conducts elections with staff borrowed from various government departments who rejoined their normal duties on May 25, 2019 after finishing their election duties and submitting all the data in their possession to the ECI. In spite of this, ECI has not yet come out with final election data in their possession. Hence the election results declared by the Commission on elected Members of Parliament (MPs) remain tentative and no government can be formed based on tentative election results.
But based on the tentatively declared elected MPs, a government has been formed with Narendra Modi as the Prime Minister of India. This amounts to a fraud by the ECI against people of India, including myself, in facilitating formation of a government without final constituency-wise data on votes polled in favor of various candidates in the elections.
III. Exhaustion of domestic remedies/Application to other international procedures
The complainant wrote two letters sent via official email IDs of authorities in government of India responsible for following due democratic procedures for conducting free and fair elections and formation of Government on the basis of Election results duly declared, on June 15, 2019. Copies of these messages are provided below.
My Letter to Election Commission of India -
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<rambansal5@gmail.com>
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Sat, Jun 15, 2019 at
6:24 AM
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To
Chief Election Commiissioner Election Commission of India Nirvachan Bhawan New Delhi complaints@eci.gov.in DECLARATION OF RESULTS OF PARLIAMENTARY ELECTIONS 2019 Sir I have noted with disgust and agony that your office has not yet properly declared results of Parliamentary Elections 2019 with constituency-wise full data on votes polled, and votes obtained by each of the candidates in the constituencies. The data your office once provided on the website had serious discrepancies in number of votes polled and votes counted on 373 constituencies, which was later removed. Publication of authentic data is a prerequisite of declaration of any candidate elected to the Indian Parliament, particularly now when intentions of ECI are doubtful in minds of people. It is unbelievable that the data from Returning Officers on poll duty has not yet reached your office, as all involved in election duties rejoined their usual duties by 25th May after the election results were declared. Kindly publish full data on the elections with results thereof for formation of a proper government at union level of India. Yours Ram Bansal s/o Shri Karan Lal, Village Khandoi 203398 District Bulandshahr, U.P.
This message was
responded to by ECI on July 4, 2019 with a url link
about election results
which carries information on number of party-wise winners in elections 2019,
without any response to my demand of constituency-wise data of votes received
by various candidates in the elections.
My Letter to the
President of India -
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Ram Bansal
<rambansal5@gmail.com>
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Sat, Jun 15, 2019 at 6:36 AM
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To
Hon’ble President of India Rashtrapati Bhawan, New Delhi 110001 secy.president@rb.nic.in ILLEGITIMACY OF APPOINTMENT OF PRIME MINISTER Sir It is to bring to your kind notice that The Election Commission of India has not yet declared/published results of Parliamentary Elections 2019 with constituency-wise authentic data, members declared elected by ECI based on tentative data (as per ECI) remain tentative only, hence no Member of Parliament (MP) is officially declared elected. In such a situation, there arises no question of MPs electing anybody to hold the office of the Prime Minister of India, and the PM selecting his Council of Ministers. This makes the present Government of India illegal. Kindly ask your government stop functioning with immediate effect until the whole procedure of declaration of results by ECI, and then so-elected MPs elect their leader is properly adopted. Yours Ram Bansal s/o Shri Karan Lal Village Khandoi, 203398 District Bulandshahr, U.P. |
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Since courts in India have been captivated by the ruling junta through undue threats or extraordinary benefits to judges as experienced by many filing suits against those in the government, no court case has been filed by the complainant. In response to a public interest litigation filed by Advocate M. L. Sharma on July 5, 2019 regarding use of EVMs, Supreme Court of India refused to hear any plea on validity of the elections 2019 with respect to use of EVMs.
Have you submitted the same matter for examination under another procedure of international investigation or settlement (e.g. the Inter-American Commission on Human Rights, the European Court of Human Rights, or the African Commission on Human and Peoples’ Rights)? No
IV. Facts of the complaint
A- BACKGROUND : MODI GOVERNMENT 2014-19
How political power was captured in 2014 through
exorbitantly lucrative false promises
In the year of 2014, India had Parliamentary Elections
wherein a new aspirant to the position of Prime Minister (PM) Narendra Modi of
Bharatiya Janata Party (BJP) put up candidates for Membership of Parliament
constituency-wise and appealed to people for voting to his candidates, with the
promises, if he comes to power, provided hereunder –
1. Employment to 20
million youths every year,
2. Bringing back black money of Indians in Swiss Banks and
distribution of the money among people @ INR 1.5 million each,
3. Doubling farmers income who have been committing suicides
for financial crises,
4. Inclusive growth - Working with all, developing all, thus
making a new India.
5. A check on rising prices and bringing down of prices of
essential commodities for better quality of life of poor people of India.
With such lucrative promises, BJP won Parliamentary
Elections 2014 and formed the Government at the Center with Narendra Modi as
the Prime Minister.
During 5 year tenure of the government, none of the above
promises was fulfilled by the government that worked for cornering nation’s
assets with support to large business houses as a capitalistic regime, and
promoted Hindu extremism by supporting political armies named Bajrang Dal and
Hindu Mahasabha for violence against religious minorities and poor classes of
India. These two organizations are declared Religious Militant Organizations
even by CIA.
Instead of working as per election promises, those in
authority tried for pocketing all the economic assets of the nation under
different schemes, some of which are detailed here.
Jan Dhan Yojana (JDY)
: Under this scheme, every family was asked to have an Account with a Bank and
deposit all their working money in the account. Indian banking business is
mainly in hands of public sector banks under control of Reserve Bank of India
(RBI) which is under government control. From this, the government collected
INR 110 billion from pockets of poor people who never had a Bank Account.
Demonetization : The
government demonetized INR 500 and 1,000 currency notes in 2016 in the name of
curbing black money in the country. It is notable here that the Government had
names of 675 black money holders in the country. No action was taken against
them, but common people were denied withdrawal of money from their bank
accounts for the demonetization process that continued for over six months. So
many patients died for having no money for medical treatment. About 150 persons
died in queues in front of bank gates, police resorted to violence against
people to keep them quiet.
The data released by RBI on demonetization reveals that out
of demonetized currency notes worth INR 15.42 trillion in circulation, about
99.3 percent worth INR 15.31 trillion were received back by the RBI, thus black
money worth only INR 0.13 trillion proves to be caught in the process of demonetization
which is a negligible amount.
Principal beneficiaries of the scheme have been BJP
politicians. In exchange of demonetized currency notes, 11 cooperative banks
under BJP leaders like President Amit Shah stood on top in transactions. It is
now established that these banks exchanged currency notes worth 31,18 billion of
black money holders for commission of 30 to 40 percent. Other bank officials
also did the same. This way, the ruling clan collected a huge amount of black
money with no gain to the government and huge sufferings to people.
Then the RBI issued INR 2,000 currency notes in place of
1,000 currency notes, a step against financial prudence for facilitating black
money holders.
Goods and Services
Tax (GST) : Taxation on sale of goods was replaced by a common GST that
ranged from 18 to 28 percent on most of the goods, pushing up prices
exorbitantly, thus making life of people miserable. On the eve of elections,
the rate was reduced to 18 percent which still remained higher than pre-GST taxation
regime. This way the Government gets huge funds under their control.
Bank Loans to
Friendly Businesspersons : Another economically disastrous move by the
ruling junta had been to force the public sector bank officials to advance huge
loans to their friends, who ran away from the country without any repayment. It
is reported in Indian press that 32 persons thus escaped from the country
putting the banking business in the country in great financial distress for
these unpaid advances. One such fugitive named Nirav Modi is stated to have
said in an England Court that he was asked to run away after he paid INR 550
million to BJP bosses.
According to RBI report published in Outlook magazine,
public sector banks and other financial institutions losses due to unpaid loans
have been as follows –
Year 2015-16, 4,693 cases loss of INR 186,988.2 million
2016-17, 5,076 cases loss
of INR 239,338.5 million
2017-18, 5,916 cases loss of INR 411,670.3 million
2018-19, 6,801 cases loss of INR 715,000 million
Most of the defaulters left India in connivance with those
in authority.
In addition to above, Modi government waived off loans of
INR 5.5 trillion taken by his friendly businesspersons from public sector
banks. In the last year of power of the first phase from April 2018 to March
2019, Modi government delivered loan waivers and other benefits to their
cronies worth INR 1.09 trillion.
Electoral Bond Act : In
the meantime, the government enacted a law for no scrutiny of foreign funds
received by a political party. It is reported in the press that Indian
political parties received a sum of INR 30 to 40 billion from foreign sources,
out of which 90 percent went to BJP account.
This made BJP as the richest political party of the country.
Multi-storey office complexes have been built for the party at national, state
and district levels which used to operate so far from rented spaces.
International Borrowings by Government : Modi
government resorted to huge borrowings from international funding agencies,
enhancing the debt on the nation by 49 percent to the level of INR 82 trillion.
RBI Reserves : When this didn’t prove enough, the
government pressurized the then Governor of Reserve Bank of India to transfer
the Bank’s reserve funds to the government. The Governor didn’t agree and
resigned from his post. Another person was appointed as Governor who
transferred INR 280 billion from reserve funds to the government.
Misuse of Funds by
those in Authority : Except construction of some highways, no considerable
development work was done by the government during its five year tenure, and
the huge funds under control of those in power were misspent mainly on -
·
Luxurious lifestyles of BJP leaders with a huge
number of RSS activists, and 95 foreign trips of the Prime Minister,
·
Unprecedented Advertising and publicity through
news media including favored printed newspapers, tv news media, and and social media
advertisements, and also hoardings on gasolene selling stations and key
locations along highways throughout the country for personal aggrandizement of
those in authority,
·
Construction of 1.5 km long underground tunnel
from PM residence to the Airport for comfortable passage for the Prime
Minister,
·
Import of a statue at a price of INR 33 billion
from China,
·
Import of a huge number of luxury cars best
available in the world for those in power,
·
Hiring of Air and Sea planes and choppers for
travels of those in power,
·
Purchase of Defense Aircrafts from France at
highly enhanced prices,
·
Writing off loans to large business houses to the
tune of INR 5.5 trillion as reported by Hindu, a reputed Newspaper of India. ,
Notable non-governmental expenditures during 2014-19 term
are -
·
Control of judiciary and administrative
officials through bribery and other undue rewards for those working favorably
to powerful persons or punishments to dissidents,
·
Construction of Palatial office buildings for
BJP at national, state and district levels at a reported cost of INR 130
billion,
·
BJP spent INR 270 billion on Parliamentary
Election 2019,
On political front, the government did unimaginably worse
for the Nation -
Government in Control
of Large Business Houses : With financial resources under full control,
Modi government 2014-19 accepted to work under large business houses like those
of Ambanis, Adani, Mallya, Ram Dev, etc and provided them public funds and
other assets very liberally, freed them from loans to the tune of INR 5.5
trillion, and transferred to them national assets like land at throw away
prices, to gain their favor for controlling the masses through news media run
by them. Interests of many public sector undertakings were hit for favoring
competing private enterprises.
Control on News Media
: Since news media is owned by large business houses, control on them began
easy through friendly relationships with business barons. In return, the media
channels were provided huge funds from the government for mass scale propaganda
advertisements on performance of the government.
For the whole period of about 5 years, all the favored
Newspapers carried from 5 to 10 advertisements from the center and state
governments, with an average advertisement costing INR 100 thousand. Each
favored TV channels, about 20, conducted debates in appreciation of the
government performance and other advertisements which cost about INR 600 per
second of their time. All the gasoline stations in the country carried huge
hoardings of the government and ruling politicians, each of which cost about
INR 60,000 in rural areas to INR 100,000 in urban areas.
Control on Constitutional
Bodies : Constitutional bodies supposed to work independent of those in government,
like Reserve Bank of India (RBI), Central Bureau of Investigation (CBI),
National Investigation Agency (NIA), Research and Analysis Wing (RAW), Election
Commission of India (ECI), etc, have
been brought under direct control of those in power, to get done through them
anything the powerful may like. For this purpose, all mean ways like creating
parallel positions for posting favorable persons, posting of persons of Gujarat
cadre considered loyal to those in power, etc were adopted.
Control on Judiciary : For using Judiciary to
suppress opposition and support own clan in legal suits, judicial officers were
either allured or terrorized by the BJP bosses, thus strangulating independence
of judicial process. This is supported by investigating agencies like Central
Bureau of Investigation (CBI), National Investigation Agency (NIA) and state
controlled Criminal Investigation Departments, etc tuned to work under command of
BJP bosses. A few cases are worth citation here –
·
Death of Justice Loya of Maharashtra High Court
under mysterious circumstance with involvement of BJP President Amit Shah,
·
Rape and Murder of Asifa, 8 yr girl in Kathua
(HP) by Bajrang Dal activists. The culprits have been spared from prescribed
death sentence for such crimes,
·
Rape of a teenage girl by an BJP MLA, and
killing of the victim’s father by Police for complaining against the MLA. The
case is still pending. The MLA is a close associate of UP Chief Minister.
·
When hearing of Rafael Deal for purchase of
French Defense aircrafts by Modi government was going on in Supreme Court, a
sexual molestation charge against the Chief Justice of India was masterminded,
thus disrupting the hearing on the Rafael deal. Chief Justice was stated to
have said that high profile people are involved in leveling the charge. After
that, hearing on Rafael deal got frozen and not done so far. After all, no respectable person can afford
such nasty accusations.
Corrupting the
Administration : All key positions in administration of people were given
to persons who were loyal to BJP bosses out of fear or under allurement with no
consideration for capability of the incumbent. This makes the Administration
unconcerned with their duties to people of India hence sufferings of people
with respect to health, education, justice, etc have been enhancing.
Promotion of Private Political Armies named Bajaranga Dal
and Hindu Mahaasabhaa : Bajarang Dal is a Hindu extremist private army of
BJP/RSS with volunteers trained to attack people of religious minorities.
Murder of a missionary Graham Staines, along with his two minor sons, working
in Odisha state of India has been a flag performance of Bajrang Dal. Now with
political support from BJP government, the organization takes up armed violence
and sexual attacks against people of religious minorities on a large scale in
which even children are not spared.
Hindu Mahaasabhaa is another political army of RSS/BJP which
trains youths in armed violence. Their leaders have been openly distributing
knives to students with tacit support from the government. Their leaders openly
advocate honor to Nathuram Godse, killer of Mahatma Gandhi, father of the
Nation.
Mismanagement of Public Sector Undertakings : Public sector
undertakings (PSUs) in India have been symbolic of self reliance of the nation
for their entry into business fields to which private enterprising was
discouraging for capital intensiveness, long gestation periods, uncertainty of
market, etc. Many of these undertakings have been doing wonderfully well since
independence but became loser during Modi regime. Oil and Natural Gas
Commission, Hindustan Aeronautics Ltd, Bharat Sanchar Nigam Ltd, Air India, etc
are few glaring examples which were let down by the government for promoting
private enterprises in these fields.
One such case is that of the most profitable Government of
India undertaking Oil and Natural Gas Commission (ONGC), year-wise performace
of which is provided here –
2013-14 INR 107,969 million as cash reserve,
2014-15 INR
1,185 million cash reserve,
2015-16 INR
139 million cash reserve,
2016-17 INR
427 million cash reserve,
2017-18 INR
296 million cash reserve.
It is noteworthy here that during this period BJP spokesperson
Sambit Patra was appointed director of ONGC by the government.
Outcome of the Governance 2014-19
During 2014-19, performance of the government of Narendra
Modi as the Prime Minister had been very dismal with no election promise
fulfilled. It has five important repercussions –
·
Unemployment rose to the level of 7.2 percent,
highest in the last 45 years,
·
Gross Domestic Production (GDP) fell down to a
level of 4.5 percent against a normal of 7 and above.
·
Violence against religious minorities and women
(including minor girls) increased manifold.
·
While rich persons of India became richer, the
poor people of the country became poorer, thus democracy turned into
Capitalism.
·
Education was made costlier, and justice almost
unavailable to common people of India, thus degrading quality of life of
people.
Hence, India suffered from a financial crisis but not the
BJP which became the richest political party of India. The people of India were
against reelection of BJP to power in 2019 Parliamentary Elections.
B- PARLIAMENTARY ELECTIONS 2019
Main Objective of BJP : With everything reset during
power tenure of 2014-19 for fulfilling RSS dream of making India a Hindu
Nation, main objective of BJP for elections 2019 was to grab political power by
hook or crook. Chief Election Commissioner Sunil Arora was there to help the
party in materializing their dream of capturing political power.
Since, people were set against reelecting BJP back to power,
a multipronged strategy was chalked out by BJP bosses to win in the elections.
High Handedness of
BJP : It is reported in the press that BJP organized over 250
electioneering rallies of grand scale, mostly addressed by the Prime Minister
with cost to the people of India by mixing official duty and electioneering.
Even with complaints by the opposition leaders to the 3 member Election
Commission of India (ECI) against Modi’s misconduct during electioneering, no
action was taken by ECI. On this, one member of the Commission dissented whose
dissent was not even recorded, hence he stopped attending meetings of the
Commission.
In one incident of the Prime Minister’s travelling to
address an election rally using a helicopter, an election commission observer
tried to check the helicopter. He was prevented from performing his duty and was
suspended. Such have been the high handedness of BJP personnel during
electioneering with support from the Chief Election Commissioner.
Money Power : Apart from electioneering by the Prime
Minister on public cost, BJP is reported to have spent INR 270 billion on
Parliamentary Elections 2019 while the total expenditure on these elections has
been INR 600 billion which includes expenses by all the political parties,
their candidates and the government. Thus, these elections have not been
between those on equal footing. Expenditure by BJP included use of helicopters
by top leaders, electioneering expenses by candidates, bribing administrative
officials to favor BJP candidates during elections, and bribing the voters at
the rate of INR 500 per vote as put on record by Chandauli (U.P.) voters.
Elsewhere too, the BJP money flooded changing voters’ choices overnight.
There was more than enough money in hands of BJP bosses, its
strategic applications were set to be –
- High pitch electioneering with huge pomp and show to mesmerize people about supremacy of BJP over opposition parties. For this not only stages were made with extraordinary skills, audiences from surrounding areas of the rallies were hired for up to INR 1,000 per head per day with free travel and boarding services. Apart from this, a huge number of paid RSS workers with saffron scarves were called on duty in each rally.
- Newspaper staff and their column writers were hired to publish articles in favor of BJP to improve image of the party among common people. News correspondents of these publications were appointed agents for distribution of money among voters for changing their loyalty to favor BJP.
- Administrative Officials throughout the nation were pleased with whatever they liked to have to work for BJP candidates in all possible ways – fair or foul. Similarly, election staff working at booth level on election days were flooded with money for their working in favor of BJP.
- It came to notice at one polling station, voters were asked no need to go for voting as their votes are cast. For keeping quiet, every voter was paid INR 500 by BJP representatives. Such a manipulation was possible with the polling staff agreeing for such fake voting. This is evidenced by videography of voters.
Electronic Voting Machines (EVMs) : Even with demand
by opposition parties for elections using ballot papers, as is the practice
worldwide, the government decided to use EVMs. There was a specific reason for
this.
Over the last 15 years, number of EVMs supplied to the ECI
was found to be around 4,000,000 by two Public Sector Undertakings –
Electronics Corporation of India Ltd (ECIL) and Bharat Electronics Ltd. (BEL),
but ECI record showed receipt of only 2,000,000 machines. This information was
received by Mr Manoranjana Roy under Right To Information Act (RTIA) and a
legal suit is pending in Maharashtra High Court about missing EVMs.
Election Schedule : Parliamentary
election 2019 was planned in a record 7 number of phases with 6/7 days gap in
between consecutive phases. The first phase of elections was held on April 11,
counting of votes for all the 7 phases of elections was done on May 23, 2017.
Once elections to a phase was over, the EVMs were shifted to district-wise
located strong rooms under security control of ECI. Thus ECI got ample
opportunities of playing with EVMs for affecting election results.
Replacement of EVMs
in strong rooms : Chief Election Commissioner and BJP leadership planned to
use the so called missing (spare) EVMs for manipulating election results in
favor of BJP. Accordingly, these spare machines were preprogrammed for votes
cast with victory of BJP candidates. As soon as an election phase was over and
used EVMs shifted to strong rooms, preprogrammed EVMs were put in strong rooms
and actually used machines were removed. This remained a secret until all the
seven phases of elections were over with the local administrative officials
responsible for security of strong rooms managing the replacements of EVMs
while political party workers being busy in electioneering work.
Public Notice of EVMs
Movements in Private Vehicles : After finishing with electioneering of all
the seven phases, people casually began watching strong rooms when they noticed
truckloads of EVMs being brought to strong-rooms, to which people complained to
local administrative officials. At many places, people resorted to sit-in
strikes to safeguard the strong-rooms. Cunningly, local administrative
officials pacified people. On some complaints reaching the ECI, it was
explained as a local issue which got resolved by local officials.
At the same time, a lot of EVMs were found in homes, hotel
rooms and many such places where these should not have been found. Some cases
reported in the press are –
·
16 EVMs were found in a Hotel in Muzaffarpur
(Bihar) taken by the Sector Magistrate – Reports Economic Times (Newspaper in
Print and online), on May 7, 2019 and ABP News (TV channel) on the same date.
·
Amritsar (Punjab) May 16, 2019, Truckload of
EVMs was found entering the strongroom, objected to by political workers,
·
Ghazipur (U.P.), May 20, 2019, Truckload of EVMs
caught entering strongroom, objected by political worker who sat on a
Sit-in-strike,
·
Chandauli (U.P.), May 20, 2019, EVMs replaced in
strongroom, people objected to, Administrative officers got the EVMs reloaded
into trucks and sent back with no action against anybody,
·
Saarana, Maharajganj (Bihar), Truckload of EVMs
tried to enter strong room under instructions of BDO, objected to by people.
An article EVMs: Fears Remain, published in reputed magazine
Frontline summarizes the manipulation available through url given
hereunder.
https://frontline.thehindu.com/the-nation/article27680220.ece
This raises a question on how movement of high security EVMs
under care of the constitutional body Election Commission of India affecting
the whole nation can be a local issue.
The fact remains that BJP entered into election arena with a
highly nefarious two-pronged strategy of spending enormous amount of money to
win the elections, and manipulation of election results using Electronic Voting
Machines (EVMs) with the help of their appointee Sunil Arora as the Chief
Election Commissioner of India.
Counting of Votes
Counting of votes was undertaken on May 23 in which BJP
candidates won in majority with never-before huge margins of votes as compared
to those of opposition candidates. After the counting, Election Commission put
up data of votes count on their official website. It was noticed by Raghav
Bahl, Editor of Quint that there were discrepancies in votes polled and votes
counted for 373 constituencies. Some of these discrepancies are provided here,
for exemplification –
Constituency Votes Cast Votes Counted
Begusarai (Bihar) 1, 197,500 1,
225, 599
Aurangabad (Bihar) 930,758 939,526
Kanchipuram (Tamilnadu) 1,214,086 1,232,917
Dharmapuri (Tamilnadu) 1,194,440 1,212, 311
Sriperumbudur (Tamilnadu) 1,388,666 1,403,178
Total (U.P.) 8,390 million 8,640 million
Mathura (U.P.) 1,088,206 1,098,112
Tripura West 1,121,738 1,101,362
Keonjhar (Odisha) 1,184,697 1,173,526
Machhlishahr (Odisha) 1,027,983 1,032,111
Bhubneshwar (Odisha) 1,101,754 1,003,704
Discrepancies in votes cast and those counted was published
online by Quint Editor Raghav Bahl. He pointed out the discrepancies to The
Election Commission of India (ECI) via email message dated May 27, 2019, which
was not replied to by the ECI but they removed the data from their website.
Later, ECI clarified that the data was tentative hence removed. No authentic
data has so far been posted by the ECI, proving thereby that the ECI has no
other data.
Formation of
Government
Based on the election results declared by the Election
Commission without any constituency-wise authentic data, a Government has been
formed with Modi as the Prime Minister. A vital question here is that if the
data with the Commission is only tentative, how can a Government be formed? The
Government formed based on tentative data is illegal and amounts to illegal
capture of power by the culprits in connivance of Election Commission of India.
Notable features of the EVM elected Parliament and the
Government so formed are –
·
Indian Parliament today has 243 members against
whom criminal cases are pending in various courts, out of which 174 cases
relate to murders.
·
One member of the Parliament named Pragya Thakur
against whom a case is pending for her involvement in a terrorist activity
known as Malegaon Blast case.
·
Out of those included in the Ministry of Modi,
21 ministers have criminal cases against them,
·
Amit Shah, the present Home Minister is the
person who was debarred from entering his home state of Gujarat by Supreme
Court of India for his involvement in murder cases when he was the Home
Minister of the State.
·
One Minister named Pratap Sarangi is the Chief
of Bajarang Dal, political army of BJP and declared a religious militant
organization by CIA.
Dangers from
Continuation of Present Government hence need for an urgent action
The Government though illegal has full control on
Administration, Judiciary, Constitutional Institutions, etc of the country
continued from their previous tenure, hence they are all out to misuse their
authority, Some of the possibilities are –
·
The present Government has a brute majority in
Parliament due to EVM manipulated results, hence would pursue BJP program of
changing Constitution of India from secular to that of a Hindu nation, and
hence would eliminate religious minorities from the land and put back
historically downtrodden classes back to untouchable condition. For these
purposes, Chief of a Political Army Bajaranga Dal, Pratap Sarangi, has been
inducted as a Minister in the present government. He is a well known criminal
with many criminal cases pending against him. He is in-charge of eliminating
religious minorities through mob lynching, cases of which are on the rise.
·
This is dangerous not only to people of minority
communities but to independent citizens of the society like the
petitioner.
·
Allowing an illegal government to function would
become a bad precedent leading to more arbitrariness in future, hence
elimination of democracy in the country and abrogation of democratic rights of
people including the petitioner.
·
All criminal cases against the ruling party members
are being decided in their favor or dismissed by courts under undue political
pressure. Thus, criminalization of
Indian politics would be complete, with elimination of any possibility of any
gentle person exerting their democratic rights in future.
·
Under undue pressure on the Courts, persons
having dissident views are being punished unduly and further hearing in the
cases are being banned under orders of the Supreme Court of India. Two examples
of this type of worth noting –
·
In case of EVM misuse in the Parliamentary
Elections 2019, the Supreme Court has ordered no further consideration of any
plea in this regard.
·
In case of murder of Ex-Home Minister Haren
Pandya of Gujarat state, order of the trial court to punish people unduly was
highly criticized by the High Court and the accused were acquitted. Now, the
Supreme Court has punished the same accused persons and banned any further
hearing in the case.
·
Such prohibitions on further hearings are
affecting rights of common people for justice.
·
As in the previous tenure of the government, GDP
had been going down and unemployment rate had been escalating, the trend is
likely to continue leading to more miseries for the people of India. Deaths of children due to malnutrition have
been on the rise due to such economic miseries of people.
·
All Public Sector Undertakings (PSUs) which have
been backbone of Indian Economy, self reliance and as model employers, since
independence are likely to be drained out of their funds by the ruling party
for their ultimate closure or sale to friends of those in power. As reported in
the press, the Government has already planned to privatize or close down 47 of
PSUs within the first 100 days of being in power. Thus national resource would be pocketed by those in power leading to
economic downfall of the nation and drastic unemployment of youths in the
country.
·
Present government being made up of Hindu
Militants, violence against religious minorities would go on escalating,
creating law and order problems in the country, hence disturbing peace of mind of people in general including that of
the petitioner.
·
People of India have been gradually awakening to
evil designs of the rulers and getting united for a revolt which may turn
violent at any time.
·
Ministers of the ruling junta have been visiting
rapists and other criminals in prisons for assuring them their support, Many
BJP legislators have declared that rapes are a usual thing hence need not be
taken seriously.
·
A reign of terror has been unleashed by the
ruling junta against dissenting voices, thus all the opposition leaders have
been calmed down. Individual cases are being dealt with very strictly through
police. A retired Professor of Indian Institute of Technology Mr Puniyani has
been threatened with dire consequences if he doesn’t stop speaking against the
government. Quint Editor Raghav Bahl who had pointed out discrepancy in votes
count and votes polled has been charged with money laundering by Enforcement
Directorate of Government of India as a punishment to him. 3 newsmen
tweeting/debating about a woman visiting U.P. Chief Minister’s residence saying
that she was beloved of the Chief Minister have been put behind bars. Prashant
Kanaujia had tweeted on the above-said love affair, he was picked up from his
Delhi residence by men in plain clothes, taken to Lucknow in U.P. area and
arrested by U.P. Police. Noida Police arrested Ishika Singh and Anju Shukla for
debating the issue in a TV program. Neha Yadav a student of Allahabad
University has been suspended and asked to leave the university premises for
showing black flag to Amit Shah, present Home Minister of the ruling junta. A
Mumbai journalist Nikita Roy is fatally attacked for questioning the government
policies. Editors’ Guild has been protesting against highhandedness of
Authorities against news-personnel.
·
In order to make quick money, present government
is going ahead on deforestation on massive scale, thus causing climatic crisis.
In Chhatteesgarh State, 17,000 ha forests are being destroyed.
Author’s signature: _______________________ (Ram Bansal)V. Checklist of supporting documentation (copies, not originals, to be enclosed with your complaint): NIL
