Full text of Gujarat BJP’s agenda of meeting with the CEC

Ahmedabad, 29 October 2012

29th October 2012

THE CHIEF ELECTION COMMISSIONER OFFICE OF THE ELECTION COMMISSION OF INDIA, NIRVACHAN BHAVAN, ASHOKA ROAD, NEW DELHI.

Agenda for the meeting to be held on 29th October 2012 with the chief election commissioner during his visit at Ahmedabad.

Respect Sir,

The Chief Election Commissioner is dedicated towards conducting fair and free election while working in coordination with other members of his team including CEO of Gujarat State. The Election Commission has been dedicated towards its basic goal and motive and in pursuance and furtherance thereto have approached the Gujarat State. We offer a warm welcome to the Chief Election Commissioner and thank his team for taking personal interest for achieving the objective as contemplated under the constitution.

1. Flying Squad & Static Surveillance Team (Mechanism and functioning) Three different representation dated 16th, 17th and 21st of October 2012 have been submitted regarding the operation and mechanism of FS and SST and the difficulties faced by the common man. Vide letter dated 24th October 2012 the said representation have been replied too. One of the representations was based on the connotation of the term “Election” contention was that the standing instructions in Model Code of Conduct would not be applicable before issuance of notification. However, the Election Commission has replied and relied upon the judgement of Punjab & Haryana High Court in the case of Harbans Jallal v/s Union of India & ors. However, the representation was on the ground of the observation made by the Hon’ble Apex Court in Ashokkumars Case reported at 2000(8) SCC Pg 216, has provided for the connotation of the term “Election”.

However, the judgement Harbans sing is the judgment of Punjab and Haryana High Court against which the SLP was preferred and the same was dismissed as became infructious. No opinion, ratio, observation etc were laid down by the Hon’ble Supreme Court and the SLP was dismissed. In this line the binding law at this juncture would be the Ratio laid down in Ashokkumar’s case and therefore, the election process would only start from the issuance of notification. It is therefore humbly submitted that the operation and functioning of these teams may be directed to be operative from the point of time when the notification is issued.

2. Regarding unnecessary provision of Annexure 16 We have requested your office on 24th October 2012 regarding unfruitful addition of procedure by filling estimation of expenditure Annexure 16 while going for the permission of rallies/meetings/rounds etc. We have logically and methodically requested your office to cancel this procedure. In response to the same we have received your letter dated 26th October 2012 rejecting our request on very illogical grounds. We have further requested your office on 27th October 2012 to review the same and do the needful.

3. Misrepresentation of information and manipulation by Media It has come to our notice so many times media misrepresent the information and/or the brief provided by your office which creates confusions amongst common people. On 13th October 2012 we have made our humble submission to your office and requested your sincere intervention in order to control misleading and misguiding information media itself.

4. Generalized Guidelines to the office of Respected CEO regarding various approvals It is our experience that for so many approvals we are going to DEO/ CEO and they forward the same to your office for your approval. For example:Presence of Hon’ble CM in various functions we have to wait for a long period to complete the process we humbly request your Honour to issue some general guidelines to DEO/CEO so that this process may simplify.

5. Inaction on the part of official under the guise of Applicability Model Code of Conduct We have received so many complaints from our workers that officials of various departments are not working under the shadows of MCC.

For example:

1. In municipal corporation/nagar palika even required entire process has been completed before the announcement of election they do not permit to start such works.

2. Particularly in the case of transfer order of CEO of Bilimora Nagarpalika of Valsad District has been not executed by the District Magistrate of Valsad District, even though it has been well before the announcement of election.

3. There are so many irrigation schemes/programs run by the concerned department in these for every instance of releasing water through cannels to the farmers, permission from Hon’ble Election Commission is required which not practical and logical.

6. Related to making Cash Payment by candidate during the whole election
process

We herewith file separate submission and request your office to make necessary change in para 6.2.5 of guideline regarding the election expenditure.

Thanking you.
Sincerely,
Parindu Bhagat
Convener, Election Legal Cell
Gujarat State
Bharatiya Janata Party

____________________________________________

Complaint against Vastanvi

29th October 2012

TO,
THE CHIEF ELECTION COMMISSIONER
OFFICE OF THE ELECTION COMMISSION OF INDIA,
NIRVACHAN BHAVAN, ASHOKA ROAD,
NEW DELHI.
Subject: Complaint against Mr Vastanvi.

1. The election commission of India has declared the elections for the legislative assembly in the State of Gujarat for the year 2012. A declaration has been issued under the provisions of the Representation of People’s Act 1951 in this behalf on 03/10/12. As a result of the fact that a notification has been issued for the aforesaid election, the Model Code of Conduct is made applicable to the state of Gujarat. All the political parties as well as the government that is the central as well as the State government have to abide by the guidelines of the election commission of India.

2. We had filed a complaint against Mr Vastanvi Relying upon the article published in Times of India regarding his content of his speech.

Subsequently we have received a copy of the CD of the speech of Mr Vastanvi wherein, he has made personal comments against Shri Narendra Modi by saying “Zalim” and “sau chuhe khaa ke billi haj ko chali”. The model code of conduct personally bars any political comments against any political leaders and it is manifest from the CD that Mr Vastanvi has violated the model code of conduct. The copy of the said CD is hereby presented with this representation for your kind perusal.

The election commission may kindly be pleased to consider the contents of the said CD from the view point of personal criticism which otherwise is restricted under the model code of conduct.

Thanking you.
Sincerely,
Parindu Bhagat
Convener, Election Legal Cell
Gujarat State
Bharatiya Janata Party

________________________________________________________________-

Sir/Madam,

The Election Commission of India is determined and taking proactive steps to stop the misuse of money and control the expenditure for the assembly election related expenditure is whole heartedly welcomed by us. However, this initiative of the Election Commission is in a way leads some situations and practical difficulties which otherwise can be dealt with in a simplified manner.It is submitted that the Hon’ble Election Commission was pleased to issue guidelines pertaining to election expenditure. The said guidelines in para 6.2.5 as quoted as under:

“The commission has issued instruction no. 76/Instruction/2011/EEM dated 07.04.2011 (Annexure 55) that the candidate shall incur all election expenses by crossed payee cheque, from the bank account opened for election purpose. However, if the amount payable by the candidate(s) to any person/entity, for any item of expenditure does not exceed Rs. 20,000/- during the entire process of election than such expenditure can be incurred in cash, by withdrawing from the bank account opened for the purpose of election. All other payments are to be made by Account Payee Cheque from the said bank account”

It is pertinent to note that it is virtually impossible for any political party as well as the candidate that there shall be any expenditure that would take place less than 20,000/- rupees during the whole election process. It is further submitted that for election campaign the candidate as well as the political parties are required to set up their working office in different parts of the constituencies and looking to the inflation these days, operating of these offices is a very high cost bearing factor. Operating of offices include stationary, temporary staff of class three and class four workers, clerical staff , tea and coffee, snacks, water, sound systems, lights etc. It is to be noted that all these expenses are to be incurred against the temporary setup which is only limited for a period of month and half. Under such temporary setup all small vendors including temporary staff do not accept cheques and all these payments are required to be done in cash. It is also considered that advance payments are to be made to these people to commence the services from the date so fixed for initiating the election campaign. Under such situation such embargo as to payment by cheques exceeding Rs 20,000/- could lead to practical problems. The election commission is only concerned about any candidate not exceeding its prescribed expenditure limit, which otherwise would be reflected in the expenditure register.

It is further submitted that the whole guideline has been framed under the powers delegated to the Hon’ble Election Commission and in consonance with the provisions laid down in the Representation of Peoples Act 1951. It is pertinent to note that guideline has to be issued and framed if there is no existing law of land prevailing in grey areas where the legislature has not prescribed for any provisions. Maintaing of accounts is prescribed under section 77 of the R.P.Act 1951 and other provisions as to cash payments are governed by the Income Tax Act. Therefore, the guideline has to be within the four corners of the existing legislation, Hon’ble Election commission is also availing the services of the officers of the said department that implements and checks the implementation of the law. Under the said law, under section 40A(3A) as quoted under

“ Where an allowance has been made in the assessment for an year in respect of any liability incurred by the assessee for any expenditure and subsequently during any previous year (herein after referred to as subsequent year the assessee makes payment in respect thereof, otherwise than by an account payee cheque drawn on a year)the assessee makes payment in respect thereof, otherwise than by an account payee cheque drawn on a bank or account payee bank draft, the payment so made shall be deemed to be the profit and gains of business or profession and accordingly chargeable to income-tax as income of the subsequent year, if the payment or aggregate of payment made to a person in a day exceeds twenty thousand rupees;As per the provision quoted above expenses of Rs. 20,000/- can be done by individual in a day and if the payment is done by cash than that would be counted in income & expenses account.

It is submitted in the light of the aforesaid facts and law that the Hon’ble Commission may quash the paragraph 6.2.5 related to making the payment of cash payment of Rs. 20,000/- during the whole election process.

Thanking you.
Sincerely,
Parindu Bhagat
Convener, Election Legal Cell
Gujarat State
Bharatiya Janata Party