BJP press releases against the complaints sent by BSP and Jan Morcha
by wani bhardwaj on Apr 09, 2007 09:55 PM Permalink | Hide replies

We are happy to see the full text of BJP response on this issue sent by the organization to Chief Election Commission, which is fully accessible in its website, copy given below:
QUOTE
Sir,
The Bharatiya Janata Party is in receipt of the notice dated 7.4.2007 issued to it by the Election Commission enclosing with it an application field by the Jan Morcha seeking de-recognition of the Bharatiya Janata Party. In this regard the Bhartiya Janata Party in response to an earlier notice of Election Commission dated 5.4.2007 has already informed the Election Commission that the Bharatiya Janata Party has not produced, prepared, displayed or distributed the impugned CD. The said CD has not been approved by the leadership of the Bharatiya Janata Party. The CD is not a part of the election campaign of the Bharatiya Janata Party. The said CD though not a part of the campaign material of Bharatiya Janata Party released to the Press, was put in the kit by someone in the party office. On enquiry, the Party realized on 4th April, 2007 itself that this mistake had been committed by the putting an unauthorized CD in the released kit. The Party immediately issued a statement clarifying that the CD was not part of its campaign material and would not be used by any person concerned with the Party. Shri Lal ji Tandon who had released the kit to the media, expressed an unqualified regret for the mistake. The Party enquired into the matter and removed Shri Manoj Mishra, Spokesman of the Party in Lucknow who had committed the mistake. He was removed from his responsibility of any campaign. A copy of the reply sent to the Election Commission by Bharatiya Janata Party on 6th April, 2007 is enclosed herewith and may be read as part of the reply to the notice issued on 7.4.2007 on petition of the Jan Morcha.

The Bharatiya Janata Party wishes to state parliamentary democracy is an integral part of the constitutional democracy in India. Party system is the essence of parliamentary democracy. It is the people who as the ultimate sovereign have a right to reject or approve a political party in an election. If a party breaches any covenant of the election law, the election of its candidate can be set aside under the Representation of Peoples Act, 1951. It is extremely dangerous for democracy if the Election Commission were to assume the law to decide as to which party is to be allowed to contest elections effectively and which party is to be prevented from so contesting. The Election Commission is an independent constitutional authority. Its primary task is to protect Indian democracy by ensuring conduct of free and fair elections. If during the course of election an uncertainty is created with regard to the right of a political party to contest elections effectively or otherwise, the Election Commission becomes an impediment in the course of conduct of free and fair elections. The act of the Election Commission may actually be inconsistent with its constitutional obligations.
Election Symbol

The recognition of a political party ensures its right to get an election symbol. A reserved symbol of a political party is a sign of its entity before an average voter. The deprivation of an election symbol mid-way during an election amounts to shifting the goal-post and directly impinges upon the conduct of free and fair elections. The Bharatiya Janata Party is of the view that the power under clause 16 A of the Election Symbol (Reservation and Allotment) Order, 1968 is inconsistent with provisions of section 29A of the Representation People Act, 1951 and ultra vires Article 324 of the Constitution and is in direct conflict with the essential fundamentals of Indian democracy i.e. the party system which is an essence of parliamentary democracy. The request for de-recognition of a major national party can render the election process into a mockery. Such a power if assumed or exercised by the Election Commission may conceptually lead to prevention of free and fair election and a one-party system. The Bharatiya Janata Party, therefore, request the Election Commission that in view of the fact that the Party has not violated the provisions of the Model Code of Conduct, speaks for its bonafides. Therefore, the petition field by the Jan Morcha may be dismissed.
UNQUOTE
The above response was against the petition filed by JANMORCHA, a group of contesting elections in UP.

Another response given by BJP office against BSP compalint is reads as below:

QUOTE
The Bharatiya Janata Party is in receipt of the notice issued to it by the Election Commission enclosing with it a petition field by the Bahujan Samaj Party for cancellation of registration under section 29A of the Representation of Peoples Act, 1951.

With regard to the merit of the contents of the petition, the Bharatiya Janata Party denies all the contents in the materials placed by the Bahujan Samaj Party. The Party has already given a detailed reply to the notice of the Election Commission dated 5.4.2007, a copy whereof is annexed to this response and may be read as an integral part of our opposition to the Bahujan Samaj Party's petition.

Additionally, it is stated that the provisions of section 29A of the 1951, Act provide for registration of political parties but do not provide for cancellation and/or withdrawal of the said registration. The Election Commission in the case of Shri Arjun Singh v/s Bharatiya Janata Party has already held on 19.2.1992 that there is no such power with the Election Commission to cancel or withdraw the registration of a political party. The said opinion of the Election Commission has already been confirmed by the Hon'ble Supreme Court of India. Additionally, the Supreme Court in the case of Indian National Congress (I) v/s Institute of Social Welfare and others, 2002(5) SCC 685 has already held that there is no power to cancel the registration of a political party once it is granted to it. The Commission has specifically held that the power to grant a registration is a quasi judicial power and provision of section 21 of General Clauses Act do not apply to the quasi judicial forums. The only exception to this provision to de-register a political party are when a political party has obtained the registration by fraud or forgery and, where the party amends its nomenclature and its objects and intimates that they have ceased to have faith in the Constitution of India or secularism, democracy etc. or any other like ground where no inquiry is called for. Since no such facts have been stated in the petition of the Bahujan Samaj party, the present petition field by the Bahujan Samaj party may be dismissed.
UNQUOTE
Again, here is the press release of Mr. Rajiv Pratap Rudy in this case:
Press Release by BJP Spokesperson
Shri Rajiv Pratap Rudy

BJP spokesperson Shri Rajiv Pratap Rudy today said that the demand for action against the BJP by the Congress Party, SP, BSP and Left Front is a result of their rising despondency and frustration on seeing the ground realities change in Uttar Pradesh and the growing public mood in favour of the BJP.

Shri Rudy reiterated that the so called CD which was inadvertently released was withdrawn much before the intervention of the Election Commission. In fact the BJP should be credited for initiating timely and prompt action against the person responsible for the purported action and for pre-empting any use or circulation of the CD. However, the action initiated against the BJP National President Shri Rajnath Singh and the lodging of an FIR against him in such haste clearly indicates towards the existence of prejudicial action.

Shri Rudy said that statement of Mr Kapil Sibal asking the BJP National President to retire from politics shows the Congress Party's shallow attitude and growing desperation. The recent surge and victory of the Bharatiya Janata Party in the assembly polls in Punjab, Uttarakhand and the recent MCD elections in Delhi has not only made the Congress Party completely clueless on issues but has also left it searching for an effective poll agenda. In this context, the Congress Party is working on a devious design to distract the people from the real issues of price rise, appeasement, national security and good governance. Shri Rudy added that it is time for the Congress Party to close shop as several recent actions of the UPA coalition government at the centre clearly shows the redundancy of the Congress leadership.

While making the demand for derecognizing the BJP, Mr Sibal is failing to actually assess the fact that it is the Congress Party which has been outrightly dismissed by the people's mandate in the recent elections and it is the Congress which is faced with the real prospect of being completely derecognized by the people of India.

Shri Rudy condemned Mr Sibal's recent remark that BJP President Shri Rajnath Singh was resorting to theatrics. He said that before Mr Sibal makes any such absurd remarks about the BJP President, he should not fail to remember that it is the Congress Party which has created a remote power centre that is compromising the position of the Prime Minister and is itself engaged in actively playing theatrics with the %u201CAam Aadmi%u201D.
We are interested to read the full text of the complaints raised against other parties as well so that Indian Public can understand what is going on in this country in the name of democracy.
UNQUOTE
Election commission to be partisan and they should not play politics while conducting electoral process.

As already stated in my previous message, EC is doing bias and is proving as a partisan who are not interested for a free and fair election in UP at this moment. The complaints raised by UP Chief Minister about low voter turn out and the reason cited for, are further strengthened our opinion about Election Commissions attitute in UP election arena.

The questions we are asking for, which we did not get any response(s) are:

1) Why Indian National Congress using TRICOLOUR flag which is similar to the National Flag and how election commission allotted this flag which is absolutely wrong in any case.

2) Why Election Commissions did not take similar actions against other political parties head when they violated the code of conduct etc. during last few years?

3) Why they did not take action when Indian National Congress spreading hatred against a particular religion during the general election immediately after the tragic murder of late Primie Minister Indira Gandhi.

4) Why Caste Based political parties are functioning and openly dividing the country into several pieces in the name of religion, region, no actions are being taken against those leaders and political parties.

5) Why some Ministers openly issued FATWA on individuals, EC did not take action against this minister who violated his oath of office?

EC should not take double standard and not even gives suspicious in the minds of people that they are doing partisan attitute for the benefit of some particular party at any point of time. But the actions they are taking from the starting of the election process is vindicated the stand that EC in UP did not want a good and fair elections.

WE NEED GOOD AND FAIR ELECTORAL REFORMS WHEREIN:
1) No person should allow to contest election in the name of caste/religion/etc.
2) The person who are contesting elections are absolutely clean and he or she should not be facing any corruption or criminal charges except in the nature of political cases.
3) Total Income and expenditure and the balance sheets / assets are to be clearly checked and proper certified proof of the same had to be attached alongwith the application form when they are filing for electoral contest.

4) If at any time, during the checking of the information after the election is over, for the candidates who have contested/elected or defeated, are proved, those candidates should be barred from electoral contests totally in all further future elections.

5) Number of parties should be limited for national elections on 3 and for state elections for 3. No national parties should allow to contest state elections and no state parties should allow to contest national elections at any point of time.

6) The indepdendent candidates who are coming out as elected should not be considered and supposed to give any support to any parties directly or indirectly during the period of the assembly or parliament. They should not be counted for proving the majority for forming the govt. at any place, whehther it is in States or in Centre.

Can we expect that the above changes will be done or atleast a new debate on this issue starts in an earnest way.
Jai Hind

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RE:BJP press releases against the complaints sent by BSP and Jan Morcha
by VinayBabu Ravuri on Apr 09, 2007 10:07 PM Permalink
hello wani bharadwaj.... No need to campaign for BJP here. And the questions you've asked are not new they already has quite convincing answers from political parties. And talking about fair elections... plz... u can't say that u are already biased.. everyone knows u like BJP by what u have written. And the CD issue, EC has brains and teeth to tackle the issue.

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RE:BJP press releases against the complaints sent by BSP and Jan Morcha
by Pure Hindustani on Apr 10, 2007 03:26 AM Permalink
Vinaybabu: When Paswan declares in Bihar election that Bihar's CM has to be a muslim then it is not communal. When that biggest cheator and muslim appeaser Lallu comes out with a Godhra CD during Bihar election then where was EC ? What a hypocrite you muslim appeasers are. You guys should not call yourselves as Hindus. You are taking Hindus for a ride but for how long ? Hindus will wake up one day.CHULU BHAR PANI MEIN DUB MARO.

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RE:BJP press releases against the complaints sent by BSP and Jan Morcha
by wani bhardwaj on Apr 10, 2007 08:22 AM Permalink
Why are you getting irritated Vinay. Give me point by point response and I will reply to you. I am not a BJP supporter nor am a supporter of any political party, which please note. I am here to give my comments and have the rights to give my opinion as I am fit without insulting anybody. But if the truth is bitter and if some body has not get digested, it is not the fault of us. I am also not interested to campaign for anybody. Study the history in a proper way and come back with factual figures and facts. I will counter all the points you may raise at any point of time.

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