Sunday, May 11, 2014

Is Election Comissioner Free, Fair And Unbiased?

Election Commission says Rahul’s presence at EVM was unauthorized, but lets him off
Times of India 12.05.2014
NEW DELHI: The Election Commission on Saturday said Rahul Gandhi had entered the EVM enclosure at Phoola polling station at Amethi without due permission of the presiding officer, but took a lenient view of the apparent transgression saying that Congress vice-president had only inspected a defective voting machine in the compartment and left before polling began.

"Under the above circumstances, no case of any violation is made out against Rahul Gandhi," the EC said, disposing of the complaint relating to the Phoola polling station.

The order was based on an inquiry by the UP chief electoral officer who concluded that "since Rahul left the polling station before polling began, he did not violate the secrecy of ballot and also did not hinder the polling process in any way".

Poll conduct rules require a candidate to take permission from the presiding officer before entering the voting compartment to inspect even a faulty EVM. However, the UP CEO's inquiry report said, "... it is possible to infer that neither Mr Gandhi sought permission to inspect the voting compartment nor was he stopped by anyone from doing so."

Interestingly, EC sources said while Rahul has been given clean chit, the Phoola presiding officer may not be in the clear yet. The EC could discuss possible action against him for failing to prevent the Congress vice-president from entering the EVM enclosure.

However, the EC was silent on Rahul's presence at two other polling stations — Ashtabhuja Vidyalaya, Sahamau and Prathamik Vidyalaya, Koora — captured on film by TOI photographers. The photographs were published by TOI on May 8.

Limited scope of probe

CEC VS Sampath, in an interview to PTI, justified the limited scope of EC's probe by saying Rahul's presence at these polling stations was not examined as the formal complaint made to the poll panel related only to the Phoola polling station.

However, sources in EC said that poll watchdog is not bound to only go by formal complaints to examine possible violations of the election law. "It has powers to take suo motu notice of media reports and initiate an inquiry," said sources.

The EC clean chit to Rahul, which came almost 80 hours after Rahul was photographed inside the voting compartment, was based on report of the Amethi district election officer, the version of one photographer (not from TOI), polling agents of Congress and other parties as well as results of a further enquiry conducted by IAS officers Tiwari and Pandian at the direction of UP CEO Umesh Sinha.

It came when EC was battling BJP's allegations of bias for Congress vice-president. On Saturday, BJP leader Arun Jaitley contended that while EC forbade Narendra Modi from holding a road show in Varanasi, it allowed Rahul Gandhi to do his own in the very same part of the constituency from where BJP's PM candidate and AAP leader Arvind Kejriwal are candidates.

During the course of their investigation, Tiwari and Pandian spoke to the returning officer, additional returning officer, sector magistrate, micro observer, a photographer with a Hindi daily, polling party members, polling agents of the political parties and mediapersons. According to the findings, the photographer said Rahul had gone to inspect the voting compartment on learning that the EVM there was not working. A Hindi daily reported the next day that polling with the new EVMs had started at 10.40am.

Tiloi SDM said he was asked to proceed to Phoola for some EVM problem. On reaching there, he found that Rahul had just left. The SDM then helped with replacement of the faulty EVM. According to micro observer Kailash Prasad Srivastava, polling at Phoola polling station began with the new EVM at 10.35am.

Sector magistrate Mohammed said he came to know of the EVM snag at Phoola around 7am, along with similar problems in two other polling stations. He reached Phoola only around 10am, citing reasons like indisposition, traffic problems and need to collect additional EVMs from the tehsil office. Then he went to the other two polling stations and came back later to collect the old EVMs.

Presiding officer Sadhuram of Phoola polling station said actual polling started at 10.35am with the new EVM. He reiterated that Rahul left the polling station by 10.15am after inspecting the old, defective EVM.

The polling officers said Rahul visited the Phoola polling station at around 10-10.15am and inspected the faulty EVM placed in the voting compartment. Polling began later around 10.30am.

The Congress polling agent Ashok Kumar Shukla said he was away from the polling station when Rahul visited. He claimed the person in the picture seen next to Rahul is his son, who was also the reliever for him. The polling agents of AAP and BSP confirmed that actual polling began around 10.30am after Rahul left.
Link Times of India


                             V.SUNDARAM IAS (R)

Sonia Gandhi always reserves her Special and Grand Rewards only for the Most Corrupt or Most Servile or Ever Obliging Bureaucrats. Rhyming without reason or resoning without rhyme or tweeting with or without treason, I would say that only Chalak Putarjees, Meshankara Shenons and Pathological Sams would be able to find their way to the Corruption-Loving and Hardened-Heart of the firangi memsahib, I mean the Chairman  of the National Advisory Council.

Even as I am writing this article, I have just received the delightful news from New Delhi that our ever sleeping Prime Minister Dr. Manmohan Singh has issued orders on May8th 2014 winding up the National Advisory Council (NAC), a totally Illegal and Unconstitutional Body established by Sonia Gandhi just in order to enable her to function as a Parallel Prime Minister. Thus this Political guttersnipe from Italy, owing her allegiance  to the Pope in Rome and not-not-not   loyalty to the letter and spirit of the Indian Constitution, legally clothed herself with uncontrolled nay unlimited power without any responsibility. This position of Pomp, Prestige, Power and Privilege without any responsiplity Sonia Gandhi achieved by giving to herself the Post of Chairman of the UPA Coordination Committee in the rank of a Union Cabinet Minister. In this capacity she became the de jure Prime Minister.

Thus the NAC became an  overseeing  and overriding  Functional Substitute for the Union Cabinet, Union Planning Commission and such other Bodies in the Government of India chronically stricken with Decadence and Decrepitude.

In my view, this sudden Official Death  of the NAC on 8th of May heralds the re-birth of a resurgent and renascent Bharath Versha. Bharath Matha Ki Jai!!

In this context , I fully endorse the pertinent observations of my esteemed friend and an indefatigable scholar Dr.Kalayanaraman : “ Now that SoniaG loses her cabinet rank salary/privileges from Consolidated Fund of India, the extra-constitutional authority cease, what happens to her super z level security draining the exchequer? CBI should act on the complaint given by Dr.Subramanian Swamy, Chairman of the  ACTION COMMITTEE AGAINST CORRUPTION (ACACI) and investigate SoniaG on Bofors and other scams’’. The Congress Bureau of investigation (CBI) has always been chasing only  Narender Modi in a tireless and never-say-die  manner during the last 12years, taking personal instructions from SoniaG, Chairman of the NAC. According to the CBI, Ottavio Quattrochi, an International Crimal from Italy but  close family friend of Sonia Gandhi, has always been as virtuous as Mahatma Gandhi!.

The Chief Election Commissioner VS Sampath and Election Commissioner HS Brahma became Sonia’s FAVOURITES  when both of them served as Union Power Secretaries during the period 2008-2009. During their tenure as Power Secretaries, a large Number of Coal Blocks were allotted by the Coal Ministry then headed by Manmohan Singh. When the CBI took up the investigation of the Coalgate Scam in 2012, it wanted to question both VS Sampath and HS Brahma. The Department of Personnel and Training refused to grant permission to the CBI to question both these officers on the ground that they were holding Constitutional Posts in the Election Commission of India (ECI). The Super Directing  Draconian Power  behind the Coalgate Scam was not the Prime Minister but Sonia Gandhi. She was the Epicentre who used Dr. Manmohan Singh as her Prime Minion to complete her Planned, Organized and Launched Massive Coalgate Scam Programme.

The very recent decision of the Supreme Court's Five-Member Bench to do away with the requirement of prior approval by the Central Government for investigating a corruption charge against a Senior Civil Servant (Joint Secretary and above) is a step in the right direction. I AM OF THE VIEW THAT THE CBI CAN NOW TAKE UP THE TASK OF QUESTIONING BOTH CHIEF ELECTION COMMISSIONER VS SAMPATHAND ELECTION COMMISSIONER  HS BRAHMA. Now the CBI has been liberated from the Noose of the Government of India. This in effect means that the Central Bureau of Investigation(CBI) can act in a free and unfettered manner without the constraint of having to contend with any personal intervention of Sonia Gandhi and that of Sonia Congress Party with  its ever creeping and crawling  swarm of lousy locusts!  The Supreme Court of India through its recent LANDMARK  JUDGEMENT has freed the Central Bureau of Investigation(CBI) from the stranglehold of Sonia Gandhi and her Sonia Congress Party. The CBI need no longer function or malfunction as the CONGRESS BUREAU OF INVESTIGATION(CBI) or  the CONGRESS BUREAU OF INSINUATION (CBI) or the CONGRESS BUREAU OF IMPLICATION (CBI) or to Cap it all as the CONGRESS BUREAU OF INTIMIDATION (CBI).

Today the Election Commission of India (ECI) under the Leadership of VS Sampath is functioning as an Agent of Sonia Congress Party and the Nehru- Gandhi Family. According to the ECI while all of us may be equal, yet Members of Nehru -Gandhi Family like Sonia, Rahul and Priyanka are more equal than others. That is why the Congress-Servile ECI allowed both Rahul Gandhi and Priyanka Gandhi to defiantly flout all the Provisions of  the Representation of People Act in the Amethi Parliamentary Constituency. On the day of Poll , Rahul Gandhi was moving from one polling booth to another in Amethi Parliamentary Constituency and instructing the polling personnel in his inimitable fashion to tamper with the EVMs.  I have seen the Photographs of Rahul Gandhi freely roaming in the Polling Stations in Amethi Parliamentary Constituency in the grand manner of a Super  Election Commissioner. Who authorised him to move freely inside the Polling Stations in Amethi Parliamentary Constituency  On the day of Poll ? Rahul Gandhi committed an offence under the Representation of People Act and the Rules and Regulations framed thereunder.

The BJP Candidate in Amethi Parliamentary Constituency Smt. Smriti Irani has given several  Complaints to the ECI about the obnoxious illegal acts of Sonia Congress Candidate Rahul Gandhi and yet the ECI chose to completely ignore all the Complaints of Smt. Smriti Irani. Thus to the ECI Rahul Gandhi is more equal than Smt. Smriti Irani.

The Aam Aadmi Party also complained to the ECI about the violation of Election Rules by Rahul Gandhi. The Party Tweeted several Pictures of Rahul Gandhi  in Polling Booths. A picture showing him looking at an EVM was accompanied with a Tweet that asked, "Is the Candidate Allowed to Go to the Polling Machine?"
I have conducted many Elections in my capacity as Sub-Collector and District Collector and Magistrate in Tamilnadu and am very familiar with  all  the  Provisions of  the Representation of People Act and the Rules and Regulations framed thereunder.  There is no doubt whatsoever that Rahul Gandhi was given unlimited freedom by the ECI to openly flout all the Provisions of the Representation of People Act. Informally Rahul Gandhi was given the Status and Authority  of a District Election Officer to move freely  from one Polling Booth to another Booth on the date of Poll in Amethi Parliamentary Constituency by the Election Commission of India. Rahul Gandhi was given total freedom to go into the Voting Compartment in many Polling Booths. In this context I would like refer to the Three(3) Polling Booths visited by Rahul Gandhi on the Date of Poll. These are Ashtabhuja Vidyalaya in Sahamau, Prathamik Vidyalaya Koora and Madhyamik Vidyalaya Phoola, all of them in the Tiloi assembly segment, between 9.15am and 10.24am. On 7th of May 2014. During Polling, only three people can access the Voting Compartment: The  Voter, The Presiding Officer and The Polling Officer. Rahul Gandhi was the 4th Person who was clothed with Special Authority by the ECI to visit the Polling Compartment in many Polling Booths. Thus Rahul Gandhi strode like a Colossus in Amethi Parliamentary Constituency on the Date of Poll. Thus the two Election Commissioner Redeemed their Pledge to Sonia Gandhi and Sonia Congress Party, if not wholly or in full measure, but very substantially on the very Day of Poll.

(These TOI photographs show (left) Rahul Gandhi inspecting an EVM machine at Amethi's Madhyamik Vidyalaya Phoola in Tiloi assembly segment at 10.24am and (right) emerging after inspecting an EVM machine at Ashtabhuja Vidyalaya in Sahamau at 9.20am, both within Polling Hours)
My simple Question is: Why no action has been initiated by the ECI against Rahul Gandhi?  Why Special Z Privilege has been given to Rahul Gandhi by the ECI to openly flout all the Provisions of Electoral Law of the Land? The same Privilege has not been given to Narendra Modi. Is it because the ECI views Rahul Gandhi as a Patrician and Narendra Modi as a Plaebian; Rahul Gandhi as a Lord and Narendra Modi as a Serf ; Rahul Gandhi as a Guildmaster and Narendra Modi as a Journeyman?
Here I cannot help from Quoting the Full Text of the Press Statement issued by Shri Arun Jailey’s on behalf of  the BJP on 8th May 2014:

“The BJP welcomes the Statement of the Election Commission with regard to re-affirming its independence and commitment towards conducting free and fair elections. However, the BJP does not accept the reasoning of the Returning Officer endorsed by the Election Commission that a rally by Shri Narendra Modi at Beniya Bagh, Varanasi, would have security repercussions’’.

“This is on account of the following reasons:

·        “On 7th May 2014, permission to hold the rally at Beniya Bagh was infact granted to the BJP and subsequently revoked as an afterthought.

·        The reasons stated for rejection of permission is that in 1991 tension took place after a Beniya        Bagh rally is not relevant. In the last 23 years, hundreds of the rallies have been held at Beniya Bagh including by the BJP. Nothing untoward has happened in all these rallies.

·        Even in the 2014 election, rallies have been held by Mr Akhilesh Yadav and Mr Arvind Kejriwal at Beniya Bagh itself’’.
·        “Mr Narendra Modi has addressed over 450 rallies across the country where no tense incidents have taken place. There is no reason why tension would emerge in Varanasi. Rallies have held in the Kashmir Valley and Maoist affected areas. Is there a special reason why tension would be there in Varanasi alone?

“For the Election Commission to abdicate is jurisdiction under Article 324 of the Constitution in favour of the judgement of the appointees of the state government would be a failure to exercise jurisdiction. It is dangerous to rely exclusively on the “professional” advice of those who may render unprofessional advice’’.
The requirement of free and fair elections is providing a level playing whereby allowing leaders of other political parties to hold rallies. By denying the same right to Shri Narendra Modi violates the fundamentals of a free and fair election’’. 

So much for the Neutrality of the ECI of India under the Leadership of VS Sampath who is a known CHAMCHA of Sonia Gandhi and Sonia Congress Party! Earlier he had Distinguished himself as a CHAMCHA of Dr.Rajasekhara Reddy, the  Former Chief Minister of Andhra Pradesh! Talking in a Marxist Vein I would say that the DAILY Battle Cry of the ECI today is this: CHAMCHAS OF THE WORLD UNITE! YOU HAVE EVERYTHING TO GAIN BY MEEKLY SUBMITTING TO THE EXTRAORDINARY PREVILEGE OF BEING IN AN ENCHANTED AND ECSTATIC STATE OF BEING IN ENCHAINED HANDS,  MINDS, HEARTS AND SOULS  FOR EVER AND EVER!!!

BY. Kalyanaraman

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