EC to Realise and Regulate
Found that some parties preferring nominations to more convicts while some are indulging in various Cases after being Elected.
UP held 47% members who had such Cases while one MLA possess 36 Cases while 14 were Murder Cases.
Even in present Lok Sabha, 162 members are facing Criminal Case while 76% members are found having serious Allegations.
S.C. confined that in a Democracy it is the most important issue that only Accountable [financially] and responsible [socially] Elected members are to perform the democratic Rule. S.C. also directed that the Voters are to be provided with such Candidates and is the Vital issue in Democracy. Volume of MLAs, MPs those are Convicts as at 2014 are 30% while as at 2018 36% in Rule . Contempt of Court Cases in each State are above Two thousand as at 2018 while pending Court Cases at One lakh above in each State.
** Commenting that the Country is awaiting the Law that Reforms and Regulates Safe and Secured democratic Rule, the 5 members Bench OF SUPREME COURT also directed the Government to energize and empower Election Commission with full authority and in addition formulate the Law adding that :-
1.Every Contestant whether belong to any Political Party or not, has to submit to the Election Commission before contesting , the details of Cases submitting full details in Bold Letters.
2. If the individual is Contesting from any Political Party, he shall inform the particulars of Cases against him to that Party .
3. The Political Party has to display the details of such Cases of that Contestant in their Party Website and to notify in a largest circulating news paper and Electronic Media giving a declaration on the Contestants and the details of Cases against them .
4. Every Contestant who opts to contest through a Party , shall give full details of pending Cases against him to that Party WHICH ENABLE THE VOTER TO DECIDE AS TO WHOME TO VOTE .
*** 1.Election Commission is the Soul of Political Democracy that was concluded in our Constitution.
2. The Function of E.C. is to be such only those having Social binding, National Interest, Morality in Conduct are to be qualified to Contest to get Elected. Right to contest in Elections even in Political Democracy shall not be allowed to those Convicted by the competent Court for any type of Civil or Criminal Offences/Crimes.
3. Judiciary and its conclusion to warrant, proceed with such Cases on justifying the Evidences and proofs submitted ; and ; those concluded with punishment IS TO BE HONOURED BY E.C. TO DISQUALIFY such convicted to contest in any sort of Political Election.
This only justifies the Performance of Election Commission to allow only those who would prefer the rule away from Offences, Crimes, Injustice, Unlawful practices and those punishable under Criminal Proceedings.
A person having such an anti Social and anti Constitutional candidature shall not be given any chance to contest, bag Votes and capture power to Rule the Union / State.
Indian Electioneering neglected this prime, vital and essential Regulation in functioning decades together. Though it was tried by E.C. for moral code of conduct by all Political Parties in 1993 ( by Sri T.N.Seshan ) once again in 2013, could not succeed due to deny and defy by Political Parties Recognized.
4. The practice allowed and carried by Electioneering resulted in multiple failures in carrying the Rule in accordance with Constitutional Mandates and even Guarantees contemplated where by all Wings and Sectors of Governance in the Country became Corrupt and allowed creation of Black Money, increase of Concealed Wealth being Concentrated with those opted Corruption, Cheating, Financial Offences and lead to even Social and Fiscal Crimes since last 3 decades.
5. a] Election Commission of India could not penalize and imprison those who were caught while transacting Money/Gifts while Election Campaign is in process.
b] E.C. could not disqualify the Candidate involved in Purchase of Votes. E.C. did not disqualify the Political Party while found even in 3rd time, such Election Offences.
c] E.C. could not mandate Political parties for implementing Fair Accounting and appropriate Statutory Audit.
d] E.C. could not mandate Political Parties to disclose the Receipts, Expenses and Payments to the Public and Election Commission.
E] [i] Dr. Ambedkar clarified and staged in the Constituent Assembly that “ If any Government ignores them they will certainly have to answer them before the electorate “ . In this Age of democracy vigilant public opinion is the real force behind an institution which stands for the benefit of the individual. The government in a Parliamentary system is under a constant fire of criticism. The actions of the Government are subject to scrutiny by the masses and the distinguished leaders of the different parties. If the Government pursues a policy in accordance with the principles of Constitution, people tolerate it. Otherwise they oust it in the next elections.
[ii] This guarantee that was made the Constituent Assembly to adopt, was grossly set aside.
The party in rule before elections, when refused, rejected and defeated by electorate in Elections, has been considered to Share the Rule continuously colluding with a minority Party and is absolutely against the clarification and guarantee given by Dr. Ambedkar in the Constituent Assembly. Just Gifting of P.M. or C.M. Post to the Opposition Party, adding to coalition after election result do not mean that refused and defeated party is not allowed to continue the Rule. THIS IS GROSS INJUSTICE AND THREAT TO ELECTORATE/CITIZEN .
6. The neglect on the most important requisites and responsibilities of Election Commission in the Indian Political Democracy resulted into diversified Rule in the whole Indian Union that was lead only for the Selfish Economical and Ruling-power benefits of Political Parties and , Power-backed Politicians and the following are some of the anti Constitutional issues identified and recognized by many .
i] Corruption, misuse of power and authority, misappropriation and Offensive/Criminal attitude increased in Politicians since kast 27 years [ leaving off, Swiss Bank Deposits, Urea, Sugar, Hawala, Stamps, to Coal and Land Mines ] and examples of Sri Laloo Prasad Yadav, Smt. Jayalalita, Smt. Sasikala, and many etc., are examples. Many other Cases are still pending in ACB, CID, CBI and other Courts relating to Members of Assemblies and Members of Parliament including higher-ups.
Recently being vexed while carrying Judiciary, the CJI conclusively commented before Media, the 4th Pillar on such Political Parties and Politicians being allowed to Rule the Nation .
ii] Corruption, misuse of authority, misappropriation, misallocation resulting Financial Offences and Crimes increased in Government Officials and Staff too since last 3 decades continued with long practiced PDS, Subsidies, Agri Loans, Funding of Agri Loans etc., . The cases pending in ACB, CID, CBI and other Courts even on IAS cadre other than the Staff are the proofs in records of Police and Courts.
iii] Many Govt. Officials of both high cadre and general Staff of many departments indulged in Corrupt practices and the loot of public and government income and properties including various Taxes, Duties and even Lands are the proofs in open secret.
iv] 17.73 lakhs Suspecious cases are identified in demonetization
3.68 lakh Crores worth Deposits are under Suspension and inspection
2.24 lakhs Shell Companies are identified and capped
90 thousand Crores were collected from unlawful savings, Taxes Avoided just in 3 years from 2015 .
v ] Many cases of wilful defaulters those planned for writing off as Bad and Doubtful Debts in various Nationalized Banks are found while some are already under CID ; CBI inquiry and proceedings. THIS IS IN ADDITION TO THE LOOT THORUGH PRIVATE BANKS AND PRIVATE FINANCE INSTITUTIONS LICENCED BY GOVERNMNTS which contain maximum the Savings and deposits of General Public.
7. Had the Elected Members in Parliament houses, State Legislating Houses i.e., those who have been qualified to contest in the Elections to Rule the Governments under Peoples Democracy WERE SINCERE, DEDICATED, MORAL AND SOCIALLY BOUND AT NATIONAL INTEREST ;
Had the Police and Judiciary concluded the verdict on all Cases of Financial Crimes, Offences, Misuse and Misappropriation and Misallocation by Political and Government Authorities WITHIN 3 YEARS SPAN OF THE CASES, SUCH CHRONIC SITUATION MIGHT NOT HAVE RESULTED ;
8. Ultimately, the situation is such alarming that either the Citizen have to save their own Democracy urging E.C. ; S.C. OR , prefer Indian Military Service RATHER THAN LEAVING OFF TO THE ALREADY CAMPAINING Parallel Rule by the so called Maoists and Naxalites .
There is nothing wrong in this contention if we do not forget the issue of NEPAL that secured finally by these 2 Groups .
9. All the above 8 issues are to be read with the guarantee given by Dr. Ambedkar in Constituent Assembly while on discussions on Political Democracy and Directive Principles WHICH IN DEED IS THE ROOT CAUSE OF ADOPTANCE OF CONSTITUTION WITHOUT THE REQUISITE REGULATIONS ON ELECTIONEERING AND ELECTION COMMISSION .
Election Commission has to join hands with Judiciary to save the Constitutional Guarantees , JUSTICE, social, economic and political ; Fraternity and National Integrity . more