Letter To State Election Commission Haryana 9 Jan 2010
-723900-800100A Peoples’ Movement 543, Sector 23, Gurgaon – 122017, HaryanaTel: 9810110426, 9810748945, 9312404269, 9818768349; E-mail: firstname.lastname@example.orgMISSION GURGAON DEVELOPMENT00A Peoples’ Movement 543, Sector 23, Gurgaon – 122017, HaryanaTel: 9810110426, 9810748945, 9312404269, 9818768349; E-mail: email@example.comMISSION GURGAON DEVELOPMENT<br />To, 9th January 2010<br />Shri Bhupinder Singh Hooda, <br />Hon’ble Chief Minister of Haryana,<br />Kothi No. 1, Sector 3, <br />Chandigarh - 160003<br />Sh.Dharam Vir, IAS (Retd.)<br />State Election Commissioner<br />State Election Commission, Haryana<br />Nirvachan Sadan, Plot No.2, Sector-17, Panchkula.<br />Haryana 134117<br />Registration of voters for Municipal Corporation Gurgaon for elections due within six months of dissolution of erstwhile Gurgaon Municipal Council on 2nd June 2008<br /> <br />We the citizens of Gurgaon had placed a charter of demands before Hon’ble Chief Minister, Haryana, in our letters dated 3rd June 2009, 1st September 2009, and 21st November 2009. <br />The major demands pertained to implementation of 73rd and 74th Amendments:<br />An elected body to govern Municipal Corporation of Gurgaon.<br />District Planning Committee drawn from elected members of PRIs and ULBs.<br />All district officials made accountable to district planning committee, PRI or ULB.<br />Provision of Ombudsman procedure for premature dismissal of any local body.<br />Framing rules for implementing effective devolution of all twelfth schedule powers to ULBs. <br />Proper door-to-door registration of electors in Municipal Corporation of Gurgaon.<br />Holding time-bound elections within the constitutional framework.<br />Framing rules to enable State Finance Commission and State Election Commission to fulfil their constitutional mandate.<br />Delay in municipal elections <br />On 9th October 2009, Lt Col (Retd) SS Oberoi had sent an email to your office detailing the severe delay and the constitutional impropriety likely to be inferred in case of continued delay wherein “door to door registration of voters of added areas of municipality yet to be commenced.” (Copy at Annex A)<br />The tentative ward delimitation carried out by the MC of Gurgaon basis survey population of 11 lakh (precisely 1,110,114) whereas realistic population of the area notified on 2nd June 2008 is between 21 to 23 lakh. This is more than double the delimitation basis population adopted. (Annex B). <br />In the absence of proper door-to-door survey as legislated, you are requested to take steps to ensure 100% door to door voter registration in the notified area of Gurgaon Municipal Corporation, for which the public may be informed through public notice in local media and other public information domains such as your website.<br />Duplication in and destruction of previous voters list <br />It may be taken on record that the registration of voters carried out under the aegis of Election Commission of India (ECI) from Dec 2004 (date of last intensive revision) has been found to be riddled with duplicate and fraudulent registrations. The authorities had earlier admitted that the ECI regulations mandate that voter registration documents are to not to be destroyed and must be retained till completion of the next intensive revision which has yet to be ordered by ECI. The authorities have now admitted that CEO Haryana ordered the destruction of the Dec 2004 and 2005 voter registration records in April 2008 – this is clear violation of ECI mandate regarding retaining the documents till next intensive revision. <br />What is even more shocking is that the authorities after facing the heat under various RTI requests and Form -7 complaints have now alleged that the voter registration records for 2006, 2007 and 2008 are “not available” without specifying if they have been stolen, destroyed or misplaced and no record of inquiry / FIR as to loss or theft has been intimated in support thereof. Even some documents of 2009 are stated to be “not available.” Non-availability of such important public documents takes away the database upon which challenges to fraudulent voter registration are to be tested, and upon such challenges alone, hinges the democratic rights of voters to have proper election of their representative – such a situation violates the Constitution. <br />Voter registration fraud in Gurgaon<br />It is very clear to any impartial observer that the fullest information about scope and scale of election/voter registration fraud in Gurgaon/Badshahpur urban segment is likely to be suppressed by such dubious actions of a few in authority. Our earlier contention made to ECI at para 9 of our letter dt 4 Nov 2009, was repeated approvingly by DC Gurgaon at the meeting on 21 Nov 2009 at his camp office, “the present voter roll of AC 76 and AC 77 is a dead body that cannot be revived.” <br />The full contention made by us in our letter to the ECI was that the “ECI may kindly inform SEC Haryana that the present voter roll of AC 76 and AC 77 is a dead body that cannot be revived.” (The reason is that without intimating the ECI, SEC Haryana has given certain directions regarding voter registration in a letter dt 10 July 2008 (actually 14 Jul 2008) that, given our past experience, are liable to be interpreted by a non-transparent Gurgaon administration, so as to mechanically convert part-wise, section-wise lists of ECI to ward-wise SEC lists). [SEC Haryana letter No SEC/2ME/2008/6481 dt 14 Jul 2008 giving directions to use the ECI voter lists for MCG elections]<br />Once the correct population survey has been carried out, proper ward delimitation needs to be worked out keeping in view the population density, area, and manageable jurisdiction. Thirty-five Wards, as tentatively announced by the Municipal Corporation Gurgaon, are too few for this city. Taking the population of the designated area of MCG, there should be more than 50 Wards. This can only be known when a formal door-to-door registration of voters residing in Municipal Corporation Gurgaon, (AC 77 & Urban Segment of AC 76, with total population numbering about 21 to 23 lakhs) is carried out. We recommend this strongly.<br />Keeping in view the urgency and gravity of the matter, action be taken to rectify ward delimitation as well as MCG voter registration by 31 January 2010. A proper-door-to-door registration may be announced immediately and carried out.<br />We look forward to a formal reply for further information to the people of Gurgaon may be given positively before 10 February 2010 by letter and through the media. <br /> <br />Thanking You, <br />Yours faithfully<br />Mission Gurgaon Development Core Committee Members<br />Date: 9th January 2010Place: Gurgaon <br /> <br />Maj Gen Satbir Singh, SMMrs Vakul Cowshik <br />Vice Chairman IESM President National Citizens Movement <br />Sarvadaman Oberoi Bhawani Shankar Tripathy<br />Vice President National Citizens MovementCoordinator, CTF-W <br />Encl:<br />Annex A – 2 pages<br />Annex B – 23 pages<br /> Annexure A<br />COPY OF EMAIL DT 9 OCT 09 SENT TO STATE ELECTION COMMISSION HARYANA BY LT COL SS OBEROI, MISSION GURGAON DEVELOPMENT, <br />---------- Forwarded message ----------<br />From: Sarvadaman Oberoi <firstname.lastname@example.org><br />Date: Fri, Oct 9, 2009 at 9:17 PM<br />Subject: Registration of voters for Municipal Corporation Gurgaon for elections due within six months of 2 June 2008 Dissolution of erstwhile Gurgaon Municipal Council<br />To: State Election Commission Haryana <email@example.com><br />Cc: MissionGurgaonDevelopment <firstname.lastname@example.org> (& others)<br />Dear Sir,<br /> <br />I have, on more than one occasion drawn attention of your office to the constitutional requirement, upheld in 2006 SC judgment in Kishan Sing Tomar vs MC Ahmedabad on 19 Oct 2006, to hold local bodies election within 6 months of the 2nd Jun 2008 dissolution of erstwhile Gurgaon Municipal Council that is by 2nd Dec 2008.<br /> <br />"
The question that arises for consideration is whether Article 243-U of the Constitution, by which the duration of the Municipality is fixed is mandatory in nature and any violation could be justified in the circumstances stated by the respondents. <br />"
Article 243-U .... <br />(3) An election to constitute a Municipality shall be completed,........<br />(b) before the expiration of a period of six months from the date of dissolution:"
......<br />Taking into account these factors and applying the principles of golden rule of interpretation, the object and purpose of Article 243-U is to be carried out."
<br /> <br />The wardbandhi was to be notified for objections, objections were to be received and door to door registration of voters was to be completed and elections were to be held by 2nd Dec 2008.<br /> <br />The present status/ condition is woeful, a reflection of the national shame of suppression of local governance by "
politics, selfish motive and states,"
as stated by Sonia Gandhi on 2nd Oct 2009:<br /> <br />1. Wardbandhi not yet notified for objections.<br />2. Door to door registration of voters of added areas of municipality yet to be commenced.<br />3. Elections were (in contempt of SC Order of 19 Oct 2006?) postponed by by six months to 2 Jun 2009 by an ordinance of Governor Haryana (in breach of Article 243-U (3) (b) of the Constitution of India). It is now 9 Oct 2009.<br /> <br />The Supreme Court in Kishan Sing Tomar.. had also ordered:<br /> <br />"
The words, ’superintendence, direction and control’ as well as ’conduct of elections’ have been held in the "
broadest of terms"
by this Court in several decisions ...and the question is whether this is equally relevant in respect of the powers of the State Election Commission as well. From the reading of the said provisions it is clear that the powers of the State Election Commission in respect of conduct of elections is no less than that of the Election Commission of India in their respective domains.....<br /> <br />It is accordingly to be noted that in the matter of the conduct of elections, the concerned government shall have to render full assistance and co-operation to the State Election Commission and respect the latter’s assessment of the needs in order to ensure that free and fair elections are conducted.<br /> <br />Also, for the independent and effective functioning of the State Election Commission, where it feels that it is not receiving the cooperation of the concerned State Government in discharging its constitutional obligation of holding the elections to the Panchayats or Municipalities within the time mandated in the Constitution, it will be open to the State Election Commission to approach the High Courts, in the first instance, and thereafter the Supreme Court for a writ of mandamus or such other appropriate writ directing the concerned State Government to provide all necessary cooperation and assistance to the State Election Commission to enable the latter to fulfill the constitutional mandate."
<br /> <br />May I also remind you, sir, that under Article 51A of the Constitution of India:<br /> <br />"
51A. It shall be the duty of every citizen of India—<br />(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;"
<br /> <br />As a citizen of India, may I now formally request you to abide by the Constitution and take all necessary steps, including the advice of the Supreme Court as quoted above, to fulfill the constitutional mandate to hold elections within six months of dissolution of erstwhile Gurgaon Municipal Council on 2 Jun 2008 without fail.<br /> <br />Regards.<br />Sarvadaman Oberoi<br />Tower 1 Flat 1102, The Uniworld Garden,<br />Sohna Road, Gurgaon 122018 Haryana INDIA<br />Mobile: +919818768349 Tele: +911244227522<br />