SAVE INDIAN DEMOCRACY FROM ITS PLANNED-DEATH THROUGH FREE AND FAIR ELECTIONS & COUNTING ON THE D-DAY – JUNE 4, 2024

SAMAJ WEEKLY-

Ref: ARMY/HO/TN/117/2024                                          June 4, 2024  06.50 a.m.

BY EMAIL/ SPEED POST

To

Her Excellency Smt.DROUPATI MURMU Ji,
President of India,
Rashtrapati Bhawan,
New DELHI-110 001
Email: [email protected]

Honourable President,

SUB: Appeal to protect the Constitution and Democracy from its Death- 18^th Lok Sabha Elections creating panic and anxiety because of Electoral misdeeds/ frauds under the very watch of the ECI with their silent spectatorship/ tacit support/ tuning the blind eyes  of the CEC & ECs in support of the ruling BJP- Counting Day and Results should be of purity and Constitutional morality as against the personal loyalty to the political masters. PRESIDENT IS THE ONLY RAY OF HOPE!

A number of complaints against the ongoing electoral abuse/misdeeds have been sent by various political parties, mostly of the oppositions, NGOs, Constitutional Conduct Groups comprising of 102 former Civil Servants (their representation dated 25.5.2024) to the ECI and 7 former Hon’ble Justices of High Courts (Representation dated June 3, 2024 addressed to your Excellency on the above subjects).  We have also addressed a letter to the ECI on May 30, 2024, a copy of which is enclosed for your kind reference.  The very representations addressed to the ECI  are clear indicators that all is not well with the functioning of the ECI.

In the history of post Independent era, the ECI has never lost its credibility to its lowest ebb as the current ECI has lost in the eyes of the citizens of India and the people across the Globe.  It has been from the beginning.  Perhaps there appears to be a pre-condition prior to their appointments that they should be loyal to the ruling establishment’s whimsical, undemocratic, unconstitutional and dictatorial  wishes which have been evident from the way how the Government under Mr.Narendra Modi has overturned the Hon’ble Supreme Court in Anoop Barnawal vs Union of India decided on  March 2,  2023 directing the Government to enact a Bill for appointment of CEC and ECs by a Committee comprising of the Prime Minister, Leader of Opposition in the Lok Sabha or a party having the largest number of MPs in Lok Sabha and the Chief Justice of India.

ENACTMENT OF APPOINTMENT OF CEC & ECs ACT, 2023 TO TRAMPLE UPON THE JUDGMENT OF THE HONOURABLE SUPREME COURT AND ALSO IN A MANNER OF SNUBBING/ DUMPING THE HON’BLE JUDGES:

 The Government, with callousness or we may call it even as a contempt to the Hon’ble Supreme Court judgment, acted in a whimsical manner and got a Bill passed by the Parliament, viz., The Chief Election Commissioner and Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 passed in Lok Sabha with its bulldozing majority on December 21, 2023 with the President’s assent on the very next day.   Unfortunately, the Hon’ble Supreme Court, when Writ Petitions were filed by Jaya Takhur and subsequently by Association for Democratic Reforms (ADR) represented by Senior Advocate Prashant Bhushan, has not stayed this Act under the pretext that the Court could not stay the Act passed by  the Parliament.  What is intriguing is that the very same Hon’ble Supreme Court has not expressed similar view when The Places of Worship (Special Provisions) Act, 1991 passed on September 18, 1991 was recklessly trampled upon by the subordinate Courts in State like Uttar Pradesh during last few years and the SC was silent enough and resultantly it is construed as green-signaling the Subordinate Judges’ unconstitutional acts of playing havoc against the said Parliamentary Act.  What a double standard!  The Govt has virtually thrown the Hon’ble Chief Justice of India from the said Committee and yet the Hon’ble Supreme Court has not felt the insult/ contempt by the Govt and not stayed the operation of the Act that virtually nullified the SC judgment of the Constitution Bench of 5 judges!  Had the Hon’ble Supreme Court stepped in instantly, even suo motu, without waiting for writ petitions, the two ECs’ appointment could not have taken place and thus the current electoral havoc could have been prevented or minimized to the least by putting the Govt in jittery.  It was quite unfortunate that this good deed anxiously expected by the people and legal fraternity had not happened.

• DAY COUNTING OF VOTES- APPREHENSION OF CHAOS, CONFUSION, MISCHIEFS & FRAUDULENT MEANS TO BE EMPLOYED WITH THE DUBIOUS, DEFECTIVE AND MALFUNCTIONING EVMs WITH SOME PERVERTED/ PLIABLE RETURNING/ ELECTION OFFICERS AND THE FRIGHTENED BOOTH-AGENTS DISAPPEARING FROM THE SCENE:

 On this D-Day of counting votes and declaring results, people are full of anxiety because they have lost confidence in the unbridled ECI which has no compunction and  it is anti-opposition parties and pro-ruling party.  When it has barred the opposition candidates from election campaigning for a few days, it should have barred Mr. Narendra Modi for the rest of the phases of Elections as soon as he blatantly resorted to hate-speech, religious bigotry and divisive speeches. Nothing has been proved that the EVMs are tamper-proof and to this effect the ECI has filed an Affidavit the Hon’ble Judges have also accepted the same in a manner of certifying the credibility of the ECI.

D-DAY RESULTS-  HON’BLE PRESIDENT IS THE ONLY RAY OF HOPE TO SAVE THE DEMOCRACY-IN-ICU FROM ITS SUFFOCATION AND SURE DEATH BY THE GLARINGLY HAND-IN-GLOVE APPROACH OF THE POLITICAL EXECUTIVE AND THE ECI:

In the 7 phases of elections, the ECI has been soft towards Mr. Modi & Amit Shah. ECI has not answered on mismatches between EVM count and VVPAT count; mismatches between EVM count and the votes polled as per Form17C- reported by none other than the Presiding Officers; EVMs stolen away/ destroyed.  Why the ECI has excused itself for not having taken two top leaders from both parties to task?  Because BJP was wild and while Congress was mild- not serious violations.  Whatever may be the outcome of the results, the ball will next come to the court of the Honourable President for a Constitutionally acceptable and laudable decision. Your decision should be based on not only the numerical strength of both sides but also the ground reality.  We earnestly appeal to you:

1. To take an instant decision for inviting the party/ group with pre-poll-alliance.
2. To invite the Leader for forming the Government and to prove the majority the very next day without giving any room for horse-trading as has happened in the past, more particularly during the last 10 years, throwing the Constitution, Anti-Defection Law – Constitution Fifty-second Amendment) Act, 1985- effective from 1.3.1985 (which has become more ineffective during the last 10 years for the reasons known to everybody), personal conscience and political decency and decorum to the winds.

This is the only way you can SAVE THE DYING DEMOCRACY (DEMOCRACY UNDER MURDEROUS ATTACK) AND SAVE INDIA, THE GREAT NATION OF UNITY IN DIVERSITY!  You have become the President because you belonged to a particular party as has been the case with most of the Presidents; similarly, almost every Constitutional Authority/Dignitary has got some connection with/ other leanings towards a political party which is inevitable. But once taken oath to protect the Constitution, all loyalties must go. It would be appropriate to quote Dr Babasaheb Ambedkar here: “I do not want that our loyalty as Indians should be in the slightest way affected by any competitive loyalty whether that loyalty arises out of our religion, out of our culture or out of language.  I want all people to be Indians first, Indians last and nothing else but Indians.” Let there be no political loyalty; no personal loyalty; no regional loyalty. Let there be only one loyalty, that is loyalty to the Constitution of India which keeps all Indians in a perfect binding and this loyalty alone will save India from collapse.  All eyes are looking at the Rashtrapati Bhawan for political justice in the current tumultuous scenario. It is hoped that you will not let down people.

With kind regards,
Yours faithfully,

A. JAISON
General Secretary, Bharat Ratna Dr Babasaheb Ambedkar Rationalist Youth Movement (ARMY) Chennai-600 011.

Copy submitted to:

1. 1. The Honourable Chief Justice of India Dr.Dhananjay Y Chandrachud Ji Email: [email protected] ; [email protected] ; [email protected]
   2. The Honourable Chief Election Commissioner Shri.Rajiv Kumar Ji Email: [email protected]   3. The Honourable Election Commissioner Shri.Gyanesh Kumar Ji Email: [email protected]   4. The Honourbale Election Commissioner Shri. Sukhbir Singh Sandhu Ji  Email: [email protected]