For website 220310 cjp complaint to sec front page adsabrangsabrang
The document is a complaint letter sent to the Chief Electoral Officer of Uttar Pradesh and the State Election Commissioner regarding a political advertisement published by the BJP party in a newspaper on the last day of state assembly elections. The letter argues that the advertisement violates the Model Code of Conduct and relevant sections of the Representation of People's Act as it was published during the silent period and aims to influence voters. The letter requests that strict action be taken against BJP for compromising the free and fair electoral process.
For website 220310 cjp complaint to eci front page adsabrangsabrang
The citizen's group Citizens for Justice and Peace has filed a complaint with the Election Commission of India regarding a front-page political advertisement published by the BJP in the Hindi newspaper Dainik Jagran on the last day of polling for the Uttar Pradesh state assembly elections. The group argues that the advertisement violates the Model Code of Conduct by promoting the BJP and seeking to influence voters' choices on polling day. They request that the Election Commission take strict action against the BJP for compromising the free and fair electoral process.
For website 220223 cjp raghvendra singh sec second complaintsabrangsabrang
Citizens for Justice and Peace (CJP) has filed a complaint with the Chief Electoral Officer of Uttar Pradesh regarding a video showing BJP MLA Raghvendra Pratap Singh delivering a hate speech. In the video, Singh tells voters that any Hindu who doesn't vote for him has "Miyan (Muslim) blood" and calls them traitors. CJP alleges this speech violates the Model Code of Conduct and provisions of the Indian Penal Code and Representation of People Act dealing with hate speech and promoting enmity between groups. CJP requests that a criminal case be filed against Singh and the BJP be held accountable for violating constitutional secular principles and laws against hate speech and intimidation of voters
The document is a petition from Citizens for Justice and Peace to the National Human Rights Commission regarding human rights violations by police in Uttar Pradesh during protests against the Citizenship Amendment Act. It summarizes that 20 people have died due to police action, over 850 people have been arrested, and many homes and shops have been damaged or sealed by police. The petition requests an independent inquiry into police brutality and guidelines to prevent such violations of peaceful protestors' rights in the future.
Case Analysis on offences related to elections IPC Section 171 C & 171 FAbhinandan Ray
The document summarizes an election petition case in India. It provides background on the petitioner challenging the election results, alleging corrupt practices. It discusses the key facts of the election results and allegations. The legislative provisions around undue influence and personation are also summarized. The arguments centered around whether voters were prevented from voting and errors in counting. Ultimately, the high court allowed the appeal and set aside the election tribunal's judgment declaring the appellant's election void.
The document is a petition from Citizens for Justice and Peace (CJP) to the National Human Rights Commission regarding police brutality during protests in Delhi. It summarizes witness accounts of police beating unarmed protestors, including detaining and abusing minors. CJP requests an independent inquiry, guidelines for controlling protests, and relief to prevent future human rights violations during policing of protests.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 161 OF 2004
People’s Union for Civil
Liberties & Anr. .... Petitioner (s)
Versus
Union of India & Anr. .... Respondent(s)
The document outlines the election law and process in the Philippines. It discusses the Commission on Elections, which enforces election laws. It also covers voters and voter registration qualifications and procedures. Additionally, it outlines elective officials and candidates, including qualifications and disqualifications. The document also summarizes rules around campaigning and elections, including postponement or failure of elections. Finally, it provides details on election day procedures for casting and counting votes.
For website 220310 cjp complaint to sec front page adsabrangsabrang
The document is a complaint letter sent to the Chief Electoral Officer of Uttar Pradesh and the State Election Commissioner regarding a political advertisement published by the BJP party in a newspaper on the last day of state assembly elections. The letter argues that the advertisement violates the Model Code of Conduct and relevant sections of the Representation of People's Act as it was published during the silent period and aims to influence voters. The letter requests that strict action be taken against BJP for compromising the free and fair electoral process.
For website 220310 cjp complaint to eci front page adsabrangsabrang
The citizen's group Citizens for Justice and Peace has filed a complaint with the Election Commission of India regarding a front-page political advertisement published by the BJP in the Hindi newspaper Dainik Jagran on the last day of polling for the Uttar Pradesh state assembly elections. The group argues that the advertisement violates the Model Code of Conduct by promoting the BJP and seeking to influence voters' choices on polling day. They request that the Election Commission take strict action against the BJP for compromising the free and fair electoral process.
For website 220223 cjp raghvendra singh sec second complaintsabrangsabrang
Citizens for Justice and Peace (CJP) has filed a complaint with the Chief Electoral Officer of Uttar Pradesh regarding a video showing BJP MLA Raghvendra Pratap Singh delivering a hate speech. In the video, Singh tells voters that any Hindu who doesn't vote for him has "Miyan (Muslim) blood" and calls them traitors. CJP alleges this speech violates the Model Code of Conduct and provisions of the Indian Penal Code and Representation of People Act dealing with hate speech and promoting enmity between groups. CJP requests that a criminal case be filed against Singh and the BJP be held accountable for violating constitutional secular principles and laws against hate speech and intimidation of voters
The document is a petition from Citizens for Justice and Peace to the National Human Rights Commission regarding human rights violations by police in Uttar Pradesh during protests against the Citizenship Amendment Act. It summarizes that 20 people have died due to police action, over 850 people have been arrested, and many homes and shops have been damaged or sealed by police. The petition requests an independent inquiry into police brutality and guidelines to prevent such violations of peaceful protestors' rights in the future.
Case Analysis on offences related to elections IPC Section 171 C & 171 FAbhinandan Ray
The document summarizes an election petition case in India. It provides background on the petitioner challenging the election results, alleging corrupt practices. It discusses the key facts of the election results and allegations. The legislative provisions around undue influence and personation are also summarized. The arguments centered around whether voters were prevented from voting and errors in counting. Ultimately, the high court allowed the appeal and set aside the election tribunal's judgment declaring the appellant's election void.
The document is a petition from Citizens for Justice and Peace (CJP) to the National Human Rights Commission regarding police brutality during protests in Delhi. It summarizes witness accounts of police beating unarmed protestors, including detaining and abusing minors. CJP requests an independent inquiry, guidelines for controlling protests, and relief to prevent future human rights violations during policing of protests.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 161 OF 2004
People’s Union for Civil
Liberties & Anr. .... Petitioner (s)
Versus
Union of India & Anr. .... Respondent(s)
The document outlines the election law and process in the Philippines. It discusses the Commission on Elections, which enforces election laws. It also covers voters and voter registration qualifications and procedures. Additionally, it outlines elective officials and candidates, including qualifications and disqualifications. The document also summarizes rules around campaigning and elections, including postponement or failure of elections. Finally, it provides details on election day procedures for casting and counting votes.
The document outlines several problems with the current electoral system in India, including increased costs leading to illegal funding, lack of checks on candidates, and government officials subverting elections. It proposes solutions such as giving the election commission more power to regulate candidates and record campaign promises, issuing unique voter ID cards to prevent vote tampering, and forming a special court to quickly resolve election-related cases. The goal is to reduce the influence of money and muscle power in politics and increase fairness.
Law on election and procedure for observation 20120604GEC Mongolia
This document outlines Mongolia's laws on elections for the State Great Hural (Parliament) including procedures for observation and reporting. Some key points include:
- It defines terms related to elections such as voter, candidate, and establishes the right of Mongolian citizens to vote and run for office without discrimination.
- It describes the different types of elections that can be held including regular elections every 4 years, non-regular elections if Parliament is dissolved, and by-elections for vacant seats.
- The principles of elections are universal suffrage, free and direct voting by secret ballot. Interfering with a voter's rights is punishable by fines.
- Eligible citizens over 18 can
This document outlines Mongolian law regarding the election of the State Great Hural, which is the country's parliament. It defines key terms related to elections such as "voter", "candidate", and types of elections like regular, non-regular, and by-elections. It establishes principles for elections such as universal suffrage, free participation, and secret ballots. The law also guarantees Mongolian citizens the right to vote and run for office without discrimination, and outlines procedures for citizens living abroad to participate.
Landmark judgement on 498 a false dowry casegurpreet singh
This document is a Supreme Court of India judgment regarding arrests made under Section 498A of the Indian Penal Code, which deals with cruelty by husband or relatives of husband. The Court notes that arrests under this law are often misused to harass husbands and in-laws, and that the rate of acquittals is very high. The Court emphasizes that arrests should only be made according to the guidelines in Section 41 of the Code of Criminal Procedure, which require the police to justify that arrest is necessary for investigation or to prevent tampering of evidence/witnesses. Police must consider if arrest is truly needed rather than making routine arrests.
The document summarizes the key provisions of Section 498A of the Indian Penal Code, which deals with cruelty by a husband or relative of the husband towards a married woman. It discusses the mandate behind introducing Section 498A to strengthen anti-dowry laws and stop offenses of cruelty against married women. It also summarizes some important court judgments related to Section 498A and the Law Commission's recommendations to reform the law and make arrests and investigations more rigorous.
None of the above and right to reject judgement and introductionshree krishna pareek
The Election Commission of India introduced the "None of the Above" (NOTA) option on electronic voting machines and ballot papers to allow voters to reject all candidates. This was in response to a Public Interest Litigation arguing that the previous system violated voter secrecy and freedom of expression. The Supreme Court ruled in favor of introducing NOTA to empower voters. While NOTA allows voters to register a negative vote, it does not enable rejecting an election result - the candidate with the most votes still wins even if NOTA gets more votes. NOTA has had little real impact so far in changing election outcomes or the quality of candidates, and many voters remain unaware of the option. Further efforts are needed to better inform voters and strengthen NOTA
1) Meeran Haider, a student activist and member of the Jamia Coordination Committee, was arrested by Delhi Police on April 1st for his alleged role in February 2020 riots in Delhi.
2) Haider was summoned with a day's notice and questioned all day before being arrested under charges of rioting and unlawful assembly. Additional stringent charges were later added.
3) Haider's arrest is seen as retaliation for his peaceful protests against the Citizenship Amendment Act. The police have not provided evidence linking his past speeches to the later riots.
Study circle Supervision of investigaton Role of Magistrates PresentationMohamad Zebkhan
The document discusses various provisions of the Criminal Procedure Code (CrPC) relating to the supervisory role of magistrates over police investigations. It notes that investigation, inquiry, and trial are the three main stages under the CrPC. Key areas where magistrates provide supervision include filing of FIRs, arrest/seizure, custody/remand, discharge of accused, interim orders regarding seized property, bail provisions, identification parades, recording of confessional statements, and submission of charge sheets. The document discusses relevant sections of the CrPC and case laws pertaining to each of these areas.
The document discusses several important electoral reforms proposed by the Election Commission of India, including:
1. De-criminalizing politics by disqualifying candidates charged with crimes punishable by 5+ years in prison if charges were framed 6+ months before the election.
2. Making 'paid news' an electoral offense with a minimum 2 year prison sentence.
3. Enhancing punishments for electoral offenses like bribery which currently only face small fines.
4. Requiring political parties to publicly maintain and audit accounts of donations and expenditures to increase transparency.
- The document summarizes 3 writ petitions challenging the publication of petitioners' names on lists of top 10 criminals displayed at various police stations in Uttar Pradesh.
- The petitioners argue this violates their right to privacy and dignity under Article 21 of the Indian constitution. They claim their inclusion on the lists is due to false cases or political vendettas.
- The court heard arguments from the petitioners' counsel and amicus curiae on the right to privacy being integral to Article 21 and protected under Indian and international law. Displaying individuals' criminal histories and status violates this right if not done according to proper legal procedure.
Road policing is a priority for police for several reasons. The number of deaths and serious injuries caused by dangerous driving in the UK necessitates a strong police presence on roads. Police pursue strategies like casualty reduction and disrupting criminality through road policing. When police arrest someone for a driving offense under the Road Traffic Act 1988, they must follow proper procedures like giving a caution and taking the suspect to custody. If charged, the suspect's case will proceed through the courts where penalties for offenses like causing death by dangerous driving can include imprisonment and a driving ban.
For website-220219-cjp-complaint-to-sec-mayankeshwar-singh-upsabrangsabrang
The document is a complaint letter sent by Citizens for Justice and Peace (CJP) to various election officials in Uttar Pradesh regarding a video circulating on social media showing BJP MLA Mayankeshwar Singh delivering a hate speech. In the video, Singh can be heard saying Hindus will pull out beards and make Muslims wear tilaks if they want to stay in India. The letter argues this speech violates the model code of conduct, Representation of People Act, and sections of the Indian Penal Code regarding promoting enmity between groups. CJP requests officials take cognizance, file criminal charges against Singh, and issue strict action and apologies. This is the second complaint by CJP regarding hate speeches by BJP ML
Investigation with respect to the cognizable offence by police- FIR, Chargesh...Utkarsh Kumar
This document summarizes key aspects of criminal procedure and investigation in India according to the Criminal Procedure Code. It discusses:
1) The police's authority to investigate cognizable offenses without a court order or FIR. However, high courts can intervene if the FIR or materials do not disclose an offense.
2) Requirements for FIRs - they must be written, signed by the informant, and read back. FIRs provide the first information that sets the investigation in motion.
3) A magistrate's power to order an investigation under Section 156(3). However, they cannot direct how the investigation is conducted.
4) Irregularities in an investigation do not necessarily invalidate legal proceedings unless they cause a
CHRAJ: 2 NDC MPs lodge complaint against Ministers, IGP and CDS over Election...Kweku Zurek
Two opposition Members of Parliament (MPs) have petitioned the Commission on Human Rights and Administrative Justice (CHRAJ) to investigate the deaths that occurred during the 2020 Presidential and Parliamentary Elections.
The document discusses the powers of magistrates under Section 156(3) of the Code of Criminal Procedure (CrPC) to order police investigations. It notes that if the police refuse to register an FIR or properly investigate a case, the aggrieved person can approach the magistrate. The magistrate then has the implied power to order the police to register a case and conduct a proper investigation. However, this power must be exercised judiciously and not routinely or it could enable harassment. Magistrates can monitor investigations to ensure they are done properly but should not mechanically order investigations without applying their mind.
The criminal justice system involves reporting offenses to the police, who may register an FIR and begin investigating. For cognizable offenses, the police can make arrests without a warrant. If the police refuse to register an FIR, the complainant can approach higher authorities or the court. Arrested individuals must be informed of the reasons for arrest and produced before a magistrate within 24 hours. The criminal process also involves bail procedures, investigation, filing charges, and trial, which can result in conviction or acquittal. The key laws governing the criminal justice system are the Code of Criminal Procedure, Indian Penal Code, and Indian Evidence Act.
The Netherlands_Bill_Betting and Gaming Act_remote games of chanceMarket Engel SAS
Bill on http://www.internetconsultatie.nl/kansspelen_op_afstand
This bill amends the Betting and Gaming Act.
For comments, refer yourself to Explanatory Memorendum :-)
Will Mediation Work?
Chief Justice Jagdish Singh Khehar has tossed the
Ram Mandir-Babri ball back into the laps of
community leaders to try again for a non-legal
solution even as tensions mount
1) The Supreme Court of India recognized the right of voters to reject all candidates by introducing the None of the Above (NOTA) option on electronic voting machines. However, NOTA only allows voters to register dissent rather than reject candidates, as candidates can still win even if most voters select NOTA.
2) While NOTA was intended to increase voter participation and pressure political parties to field better candidates, its impact has been limited as voters know selecting NOTA will not actually influence election results.
3) For NOTA to truly empower voters and achieve its democratic goals, India must recognize the right to reject, whereby fresh elections are held if the majority of voters select NOTA over any candidate. This would give
Introducing electoral reforms to reduce money and muscle power in politics. Major problems include bribing of poor citizens, dominant role of money and muscle power diminishing honest candidates, and corruption enabling dishonest politicians. Solutions proposed include negative voting and e-voting to increase participation and ensure fearless voting, imposing president's rule before elections to ensure fairness, controlling candidate expenses, and setting criteria to reduce criminal and family backgrounds of candidates. However, challenges to implementation include potential political chaos, technical difficulties, and opposition to reforms that threaten existing political interests.
The document discusses several proposed electoral reforms in India to reduce the influence of money and muscle power in politics. It identifies some key problem areas like increasing election costs leading to illegal funding and corruption. It suggests reforms such as improving electoral rolls and voter IDs to prevent rigging, strengthening laws against booth capturing, and establishing institutional mechanisms for political parties to discuss issues and educate members. Overall the document analyzes issues with the current system and proposes options for reforming the electoral process in India.
The document outlines several problems with the current electoral system in India, including increased costs leading to illegal funding, lack of checks on candidates, and government officials subverting elections. It proposes solutions such as giving the election commission more power to regulate candidates and record campaign promises, issuing unique voter ID cards to prevent vote tampering, and forming a special court to quickly resolve election-related cases. The goal is to reduce the influence of money and muscle power in politics and increase fairness.
Law on election and procedure for observation 20120604GEC Mongolia
This document outlines Mongolia's laws on elections for the State Great Hural (Parliament) including procedures for observation and reporting. Some key points include:
- It defines terms related to elections such as voter, candidate, and establishes the right of Mongolian citizens to vote and run for office without discrimination.
- It describes the different types of elections that can be held including regular elections every 4 years, non-regular elections if Parliament is dissolved, and by-elections for vacant seats.
- The principles of elections are universal suffrage, free and direct voting by secret ballot. Interfering with a voter's rights is punishable by fines.
- Eligible citizens over 18 can
This document outlines Mongolian law regarding the election of the State Great Hural, which is the country's parliament. It defines key terms related to elections such as "voter", "candidate", and types of elections like regular, non-regular, and by-elections. It establishes principles for elections such as universal suffrage, free participation, and secret ballots. The law also guarantees Mongolian citizens the right to vote and run for office without discrimination, and outlines procedures for citizens living abroad to participate.
Landmark judgement on 498 a false dowry casegurpreet singh
This document is a Supreme Court of India judgment regarding arrests made under Section 498A of the Indian Penal Code, which deals with cruelty by husband or relatives of husband. The Court notes that arrests under this law are often misused to harass husbands and in-laws, and that the rate of acquittals is very high. The Court emphasizes that arrests should only be made according to the guidelines in Section 41 of the Code of Criminal Procedure, which require the police to justify that arrest is necessary for investigation or to prevent tampering of evidence/witnesses. Police must consider if arrest is truly needed rather than making routine arrests.
The document summarizes the key provisions of Section 498A of the Indian Penal Code, which deals with cruelty by a husband or relative of the husband towards a married woman. It discusses the mandate behind introducing Section 498A to strengthen anti-dowry laws and stop offenses of cruelty against married women. It also summarizes some important court judgments related to Section 498A and the Law Commission's recommendations to reform the law and make arrests and investigations more rigorous.
None of the above and right to reject judgement and introductionshree krishna pareek
The Election Commission of India introduced the "None of the Above" (NOTA) option on electronic voting machines and ballot papers to allow voters to reject all candidates. This was in response to a Public Interest Litigation arguing that the previous system violated voter secrecy and freedom of expression. The Supreme Court ruled in favor of introducing NOTA to empower voters. While NOTA allows voters to register a negative vote, it does not enable rejecting an election result - the candidate with the most votes still wins even if NOTA gets more votes. NOTA has had little real impact so far in changing election outcomes or the quality of candidates, and many voters remain unaware of the option. Further efforts are needed to better inform voters and strengthen NOTA
1) Meeran Haider, a student activist and member of the Jamia Coordination Committee, was arrested by Delhi Police on April 1st for his alleged role in February 2020 riots in Delhi.
2) Haider was summoned with a day's notice and questioned all day before being arrested under charges of rioting and unlawful assembly. Additional stringent charges were later added.
3) Haider's arrest is seen as retaliation for his peaceful protests against the Citizenship Amendment Act. The police have not provided evidence linking his past speeches to the later riots.
Study circle Supervision of investigaton Role of Magistrates PresentationMohamad Zebkhan
The document discusses various provisions of the Criminal Procedure Code (CrPC) relating to the supervisory role of magistrates over police investigations. It notes that investigation, inquiry, and trial are the three main stages under the CrPC. Key areas where magistrates provide supervision include filing of FIRs, arrest/seizure, custody/remand, discharge of accused, interim orders regarding seized property, bail provisions, identification parades, recording of confessional statements, and submission of charge sheets. The document discusses relevant sections of the CrPC and case laws pertaining to each of these areas.
The document discusses several important electoral reforms proposed by the Election Commission of India, including:
1. De-criminalizing politics by disqualifying candidates charged with crimes punishable by 5+ years in prison if charges were framed 6+ months before the election.
2. Making 'paid news' an electoral offense with a minimum 2 year prison sentence.
3. Enhancing punishments for electoral offenses like bribery which currently only face small fines.
4. Requiring political parties to publicly maintain and audit accounts of donations and expenditures to increase transparency.
- The document summarizes 3 writ petitions challenging the publication of petitioners' names on lists of top 10 criminals displayed at various police stations in Uttar Pradesh.
- The petitioners argue this violates their right to privacy and dignity under Article 21 of the Indian constitution. They claim their inclusion on the lists is due to false cases or political vendettas.
- The court heard arguments from the petitioners' counsel and amicus curiae on the right to privacy being integral to Article 21 and protected under Indian and international law. Displaying individuals' criminal histories and status violates this right if not done according to proper legal procedure.
Road policing is a priority for police for several reasons. The number of deaths and serious injuries caused by dangerous driving in the UK necessitates a strong police presence on roads. Police pursue strategies like casualty reduction and disrupting criminality through road policing. When police arrest someone for a driving offense under the Road Traffic Act 1988, they must follow proper procedures like giving a caution and taking the suspect to custody. If charged, the suspect's case will proceed through the courts where penalties for offenses like causing death by dangerous driving can include imprisonment and a driving ban.
For website-220219-cjp-complaint-to-sec-mayankeshwar-singh-upsabrangsabrang
The document is a complaint letter sent by Citizens for Justice and Peace (CJP) to various election officials in Uttar Pradesh regarding a video circulating on social media showing BJP MLA Mayankeshwar Singh delivering a hate speech. In the video, Singh can be heard saying Hindus will pull out beards and make Muslims wear tilaks if they want to stay in India. The letter argues this speech violates the model code of conduct, Representation of People Act, and sections of the Indian Penal Code regarding promoting enmity between groups. CJP requests officials take cognizance, file criminal charges against Singh, and issue strict action and apologies. This is the second complaint by CJP regarding hate speeches by BJP ML
Investigation with respect to the cognizable offence by police- FIR, Chargesh...Utkarsh Kumar
This document summarizes key aspects of criminal procedure and investigation in India according to the Criminal Procedure Code. It discusses:
1) The police's authority to investigate cognizable offenses without a court order or FIR. However, high courts can intervene if the FIR or materials do not disclose an offense.
2) Requirements for FIRs - they must be written, signed by the informant, and read back. FIRs provide the first information that sets the investigation in motion.
3) A magistrate's power to order an investigation under Section 156(3). However, they cannot direct how the investigation is conducted.
4) Irregularities in an investigation do not necessarily invalidate legal proceedings unless they cause a
CHRAJ: 2 NDC MPs lodge complaint against Ministers, IGP and CDS over Election...Kweku Zurek
Two opposition Members of Parliament (MPs) have petitioned the Commission on Human Rights and Administrative Justice (CHRAJ) to investigate the deaths that occurred during the 2020 Presidential and Parliamentary Elections.
The document discusses the powers of magistrates under Section 156(3) of the Code of Criminal Procedure (CrPC) to order police investigations. It notes that if the police refuse to register an FIR or properly investigate a case, the aggrieved person can approach the magistrate. The magistrate then has the implied power to order the police to register a case and conduct a proper investigation. However, this power must be exercised judiciously and not routinely or it could enable harassment. Magistrates can monitor investigations to ensure they are done properly but should not mechanically order investigations without applying their mind.
The criminal justice system involves reporting offenses to the police, who may register an FIR and begin investigating. For cognizable offenses, the police can make arrests without a warrant. If the police refuse to register an FIR, the complainant can approach higher authorities or the court. Arrested individuals must be informed of the reasons for arrest and produced before a magistrate within 24 hours. The criminal process also involves bail procedures, investigation, filing charges, and trial, which can result in conviction or acquittal. The key laws governing the criminal justice system are the Code of Criminal Procedure, Indian Penal Code, and Indian Evidence Act.
The Netherlands_Bill_Betting and Gaming Act_remote games of chanceMarket Engel SAS
Bill on http://www.internetconsultatie.nl/kansspelen_op_afstand
This bill amends the Betting and Gaming Act.
For comments, refer yourself to Explanatory Memorendum :-)
Will Mediation Work?
Chief Justice Jagdish Singh Khehar has tossed the
Ram Mandir-Babri ball back into the laps of
community leaders to try again for a non-legal
solution even as tensions mount
1) The Supreme Court of India recognized the right of voters to reject all candidates by introducing the None of the Above (NOTA) option on electronic voting machines. However, NOTA only allows voters to register dissent rather than reject candidates, as candidates can still win even if most voters select NOTA.
2) While NOTA was intended to increase voter participation and pressure political parties to field better candidates, its impact has been limited as voters know selecting NOTA will not actually influence election results.
3) For NOTA to truly empower voters and achieve its democratic goals, India must recognize the right to reject, whereby fresh elections are held if the majority of voters select NOTA over any candidate. This would give
Introducing electoral reforms to reduce money and muscle power in politics. Major problems include bribing of poor citizens, dominant role of money and muscle power diminishing honest candidates, and corruption enabling dishonest politicians. Solutions proposed include negative voting and e-voting to increase participation and ensure fearless voting, imposing president's rule before elections to ensure fairness, controlling candidate expenses, and setting criteria to reduce criminal and family backgrounds of candidates. However, challenges to implementation include potential political chaos, technical difficulties, and opposition to reforms that threaten existing political interests.
The document discusses several proposed electoral reforms in India to reduce the influence of money and muscle power in politics. It identifies some key problem areas like increasing election costs leading to illegal funding and corruption. It suggests reforms such as improving electoral rolls and voter IDs to prevent rigging, strengthening laws against booth capturing, and establishing institutional mechanisms for political parties to discuss issues and educate members. Overall the document analyzes issues with the current system and proposes options for reforming the electoral process in India.
The document discusses the problem of money and muscle power influencing elections in India. It proposes several solutions to reduce this influence, including increasing voter awareness, implementing electronic voting machines with paper receipts, verifying voter identities, declaring candidate assets, and conducting surveillance operations. The solutions aim to curb corruption and make the electoral process more transparent and fair. However, challenges remain in ensuring transparency of polling and preventing overbearing of authorities. Overall, the solutions seek to mitigate the menace of money and power interfering with democratic elections in India.
A guide for the Voters in Indian elections 2009guest649f17
This document provides a guide for voters in India, summarizing the voting process and rights/responsibilities of voters. It explains that all Indian citizens over 18 have the right to vote, which is essential for a democracy. It outlines how to check if your name is registered, how to vote using an electronic voting machine by pressing the button next to your chosen candidate, and what to do if your vote is challenged. The document also summarizes procedures for lodging complaints about the voting process.
The Citizens for Justice and Peace (CJP) has received a complaint regarding the penal provisions in rule 49MA of the Conduct of Election (Amendment) Rules 2013, which punishes voters for filing complaints and undermines free elections. The CJP argues that the testing method to verify complaints outlined in the rule fails to objectively distinguish true and false complaints. A malfunctioning or hacked EVM may not produce the same incorrect output when re-tested, so honest complaints are likely to be falsely labeled. The CJP urges the Chief Election Commissioner to immediately remove the penal provisions to avoid deterring voters from reporting issues and protect free and fair elections.
Elections and Electoral Laws in India- Dr Anna Nath GangulyAnna Nath Ganguly
Elections is India is dynamic and challenging task. Many reforms and laws have been brought to make Indian Democracy free and fair. Turning points and landmark changes in elections need much deliberation and new ideas to shape and reignite Electoral democracy
Elections are necessary in democracies for several key reasons: (1) to choose representatives of the people, (2) to allow people to elect or reject their representatives, and (3) to ensure representatives uphold the will of the people and can be replaced if not liked. The election process involves political parties campaigning and educating voters, nominations, voting either via ballot or electronic voting machines, counting of votes, and the candidate with the most votes winning. An independent election commission oversees and regulates all aspects of the electoral process.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 161 OF 2004
People’s Union for Civil
Liberties & Anr. .... Petitioner (s)
Versus
Union of India & Anr. .... Respondent(s)
This document discusses several flaws in India's electoral system that allow undue influence of money and power. It notes that candidates often need money to bribe their way onto ballots or resist other candidates, and need power to threaten opponents. It also discusses how lack of money or power can prevent legitimate candidates from participating. The document then outlines several proposed reforms to address these issues, such as restricting candidates with criminal charges, implementing negative voting, increasing spending limits with enforcement, requiring disclosure of assets/finances, and restricting government advertising before elections. The goal of these reforms is to reduce corruption and intimidation in the electoral process.
The document discusses several issues with the current state of elections in India, including the high number of MPs with criminal charges, the influence of money in politics, and lack of transparency in campaign funding. It proposes several electoral reforms such as giving voters the right to reject all candidates, increasing transparency in political party funding, and establishing an independent body to oversee criminal cases against politicians. However, some concerns are also raised about proposed reforms like the right to recall, including increased political instability, pressure on representatives, and higher costs. Overall, the document calls for biting the bullet and implementing tougher electoral reforms to reduce criminality and money power in politics.
The Election Commission of India has introduced the 'None of the Above' (NOTA) option on electronic voting machines (EVMs) and ballot papers to allow voters to reject all candidates. Previously, voters who wanted to reject all candidates had to register their names and cast a separate paper ballot, violating ballot secrecy. Now, with the NOTA option on EVMs, a voter can reject all candidates while maintaining ballot secrecy. The Supreme Court ruled that NOTA upholds citizens' rights to freedom of speech and expression as well as their right to reject under Article 21. NOTA will have little short-term impact on improving politician quality but may increase voter participation over time.
This document discusses electoral politics and elections in India. It explains that elections are needed so that people can choose their representatives and change them periodically. It outlines what makes elections democratic, including that all people can vote, parties can contest freely, and elections are held regularly. It then describes India's election procedures, including constituency demarcation, voting lists, nomination papers, campaigning, voting in booths, counting ballots, and determining the winner. It discusses merits of universal adult franchise like equal political rights for all, and demerits like illiterate voters not voting properly and poor voters selling votes. Finally, it outlines challenges for Indian elections like money influencing results and criminal connections.
This document discusses electoral politics and elections in India. It explains that elections are needed so that people can choose their representatives and change them periodically. It outlines what makes elections democratic, including that all people can vote, parties can contest freely, and elections are held regularly. It then describes India's election procedures, including constituency demarcation, voting lists, nomination papers, campaigning, voting in booths, counting votes, and the winner being the candidate with the most votes. It discusses merits of universal adult franchise such as equal political rights for all, and demerits such as illiterate voters not voting properly and poor voters selling votes. Finally, it outlines challenges for Indian elections like money influencing results and criminal connections.
This document discusses electoral politics and elections in India. It explains that elections are needed for people to choose their representatives and change them periodically. It outlines what makes elections democratic, including allowing everyone to vote, free competition between parties/candidates, and regular, free and fair voting. It describes India's election procedure, including constituency demarcation, voter lists, nomination papers, campaigning, voting in polling booths, counting of ballots, and the winner being the candidate with the most votes. It discusses merits of universal adult franchise like equal political rights for all, and demerits like illiterate voters not voting properly and poor voters selling votes. It also notes challenges in Indian elections like money influencing results and criminal connections.
The document proposes several electoral reforms put forth by the Election Commission of India. It discusses proposed amendments to the Constitution of India to provide greater constitutional protection and safeguards to all members of the Election Commission, including Election Commissioners, similar to what is provided to the Chief Election Commissioner. It proposes making the budget of the Election Commission a "charged" expenditure to symbolize its independence. It also proposes establishing an independent secretariat for the Election Commission to insulate it from executive interference in matters like appointments and promotions of staff.
Elections are necessary in a democracy to allow citizens to choose their representatives, as it is not possible for all citizens to directly participate in decision making. Elections take place every 5 years for parliament and state assemblies, with the election commission determining dates. Any citizen over 18 can vote, while those over 25 and 30 can contest elections. Campaigning involves posters, meetings and door-to-door canvassing in the 2 weeks prior to polling. Efforts are made to increase women's participation, and election expenditure is monitored closely. Electronic voting machines are now used widely across India to conduct elections.
Elections are needed in a democracy to allow people to choose their representatives, as it is not possible for everyone to directly participate in decision making. Elections take place every 5 years for parliament and assemblies, with the election commission determining dates. Any citizen over 18 can vote, while those over 25 and 30 can contest elections. Campaigning involves posters, meetings and door-to-door canvassing. Efforts are made to increase women's participation, and election expenditure is monitored closely. Electronic voting machines with built-in security features are used for conducting elections across India.
Elections in India allow citizens to choose their representatives through regular democratic processes. Key aspects include all citizens having an equal right to vote, multiple political parties being able to contest elections, elections being held regularly at fixed intervals, and the candidate with the most votes getting elected. The Election Commission of India oversees free and fair elections by implementing rules regarding campaigning and funding, and ensuring government does not abuse its power around election time. Overall, elections in India demonstrate democratic principles through high voter turnout and participation across socioeconomic classes.
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For website 220310 cjp complaint sec ground reports up
1. 1
March 10, 2022
To,
1. Shri Ajay Kumar Shukla
Chief Electoral Officer
IV Floor, Vikas Bhawan, Hazratganj,
Lucknow- 226001
Email id: ceoup@nic.in
2. Shri Manoj Kumar,
State Election Commissioner, UP
32- Station Road, Lucknow- 226001
Email id: secup@nic.in
Subject: Ground reports on bogus voting, EVM malfunction,
threatening of voters etc in UP
Respected Sirs,
We, at Citizens for Justice and Peace (CJP) are writing to you as we are extremely concerned
about certain occurrences at polling booths across the state of Uttar Pradesh. We would like
to state here that we have received these ground reports from various sources, but we are
unable to authenticate completely the veracity of these incidents. We consider it our
responsibility as responsible citizens to forward the same to you so that they can be looked
into and necessary action may be taken after due inquiry.
Here are some reports of incidents we have received:
1. EVM defective/Faulty:
a. Booth number 238 of 345 Sagdi constituency: EVM machine was not working
properly and the voters were told that the booth has been shut down.
2. Bogus voting/ Threats:
a. Booth number 167, 168 of 367 Malhani constituency: BJP workers reportedly
got bogus voting done.
b. Booth number 347 of 391 Sevapuri constituency: BJP workers reportedly got
bogus voting done
c. Booth number 222 of 389 Varanasi Saudh constituency: BJP workers
reportedly got bogus voting done
d. Booth number 338 of 344 Copalpur constituency: BJP workers reportedly got
bogus voting done
e. Booth number 328 of 371 Zafarbad constituency: BJP workers reportedly got
bogus voting done and BJP’s Gram Pradhan was sitting inside the booth to
ensure the same.
2. 2
f. Booth number 106, 107, 108 of 367 Malhani constituency: BJP workers
reportedly got bogus voting done. JDU candidate Dhananjay Singh gave death
threats to SP agents and was not allowing the voters to cast their votes.
3. Obstruction at booths:
a. Booth number 224 of 366 Jaunpur constituency: BJP workers were capturing
booths.
b. Booth number 311 of 396 Mirjapur constituency: MLA Ratnakar Mishra who is
a member of BJP’s executive committee was not allowing voters to cast their
vote and drove people away.
4. In a viral video on twitter a voter is seen to be telling the journalist how the voters
at Booth number 420 of 388 Varanasi North constituency were being handed a slip
with their names along with the candidate’s name and photo before entering the
booth.
A video of the said interview has been annexed and marked hereto as Annexure
A
5. In another viral video on twitter posted by public interest lawyer and activist
Prashant Bhushan, a man appears to be casting voting on behalf of women.
A video of the said personation has been annexed and marked hereto as
Annexure B
6. In a youtube video, National Dastak reveals that Gujarat were called to Benaras to
conclude the elections in UP and the Police Officer with the ‘Gujarat Police’ tag on
his uniform is demonstrating his support for Yogi Adityanath and shows
confidence in Yogi Adityanath being elected.
A video of the said police officer has been annexed and marked hereto as
Annexure C
Violations
The above mentioned incidents, if found to have been committed, entail the following
offences under the Representation of People Act, 1951:
130. Prohibition of canvassing in or near polling station.—(1) No person shall, on the
date or dates on which a poll is taken at any polling station, commit any of the
following acts within the polling station or in any public or private place within a
distance of 3[one hundred metres] of the polling station, namely:—
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
3. 3
(e) exhibiting any notice or sign (other than an official notice) relating to
the election.
131. Penalty for disorderly conduct in or near polling stations.—(1) No person shall,
on the date or dates on which a poll is taken at any polling station,—
(a) use or operate within or at the entrance of the polling station, or in any public or
private place in the neighbourhood thereof, any apparatus for amplifying or
reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the
polling station or in any public or private place in the neighbourhood thereof, so as to
cause annoyance to any person visiting the polling station for the poll, or so as to
interfere with the work of the officers and other persons on duty at the polling station.
132. Penalty for misconduct at the polling station.—(1) Any person who during the
hours fixed for the poll at any polling station misconducts himself or fails to obey the
lawful directions of the presiding officer may be removed from the polling station by
the presiding officer or by any police officer on duty or by any person authorised in this
behalf by such presiding officer.
135A. Offence of booth capturing –
(c) [coercing or intimidating or threatening directly or indirectly] any elector and
preventing him from going to the polling station or a place fixed for the poll to cast his
vote;
Also, offences under the Indian Penal Code may also be invoked:
171C. Undue influence at elections.—
(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any
electoral right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—
(a) threatens any candidate or voter, or any person in whom a candidate or voter is
interested, with injury of any kind, or
(b) induces or attempts to induce a candidate or voter to believe that he or any person
in whom he is interested will become or will be rendered an object of Divine displeasure
or of spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of such
candidate or voter, within the meaning of sub-section (1).
171D. Personation at elections.—Whoever at an election applies for a voting paper
on votes in the name of any other person, whether living or dead, or in a fictitious
name, or who having voted once at such election applies at the same election for a
voting paper in his own name, and whoever abets, procures or attempts to procure the
voting by any person in any such way, commits the offence of personation at an
election.
4. 4
In Lakshman Singh vs. State of Bihar (now Jharkhand) [Criminal Appeal No. 606 OF 2021;
decided on July 23, 2021], the Supreme Court had held thus,
“In the case of People’Ss Union for Civil Liberties (supra), it is observed by this Court
that freedom of voting is a part of the freedom of expression. It is further observed that
secrecy of casting vote is necessary for strengthening democracy. It is further observed
that in direct elections of Lok Sabha or State Legislature, maintenance of secrecy is a
must and is insisted upon all over the world in democracies where direct elections are
involved to ensure that a voter casts his vote without any fear or being victimised if his
vote is disclosed.”
The court has further stated that democracy and free elections are a part of the basic
structure of the Constitution.
“The essence of the electoral system should be to ensure freedom of voters to exercise
their free choice. Therefore, any attempt of booth capturing and/or bogus voting
should be dealt with iron hands because it ultimately affects the rule of law and
democracy. Nobody can be permitted to dilute the right to free and fair election,” the
court added.
In fact, the court observed that the 6 months imprisonment imposed by the trial court was
inadequate.
We are aware that the Hon’ble Election Commission of India has taken cognizance of the viral
video of former Sadar Block chief of Maharajganj, Narendra Kharwar claiming that the recent
Uttar Pradesh assembly elections have been compromised and disclosing that atleast 200
EVMs have been changed. Similarly, we request you to take the above-mentioned reports
also into consideration. Considering the fact that 40,395 out of 47,393 complaints on model
code of conduct violations were found to be correct, it is the need of the hour to take stringent
actions against the violators in order to protect the democracy.
It is in this background, we urge this Hon’ble Commission to take note of the ground reports
received by us and initiate enquiries into these allegations that may have impacted
conducting of free and fair elections in the state of UP and take necessary further action in
this regard as well.
The conclusions of a free and fair election under the Indian Constitution can only be seen to
be final and duly conducted by the esteemed body of the Election Commission of India when
all doubts and complaints have been cleared and not until then.
5. 5
Yours sincerely,
Nandan Maluste, President
Teesta Setalvad, Secretary
Annexures:
Annexure A: A video of an interview at Varanasi North Constituency
Annexure B: A video of a man casting votes on behalf of women
Annexure C: A video of the Gujarat Police Officer