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(Annexure…)
I regret to inform you that the situation was equally pathetic
at Kolkata / Salt Lake Municipal Corporation Elections held
on June 19, 2005. The Maraxist Government once again man
slaughtered democracy, with scant regard to the rights and
aspirants of the people. The systematic butchery of the
electoral process included the following blatant acts of
manipulation and deceit :
Tampering with EVM’s, threatning original voters at
night before the poll not to cast their votes, large-scale
rigging, massive false voting, politicised electoral officials,
anomalies in voters lists, invonvenient location of booths,
discouraging tender votes, interntional laxity in identification
of voters, unrestricted entry of unauthorised persons into
polling stations, police inaction facilitating booth capturing
/ massive false voting and the Chief Minister’s electoral
conduct which did not befit his high office. Regrettably,
all this was masterminded by a State Election Commissioner
who has a track record of tainted / partisan functioning
during his pre-retirement IAS career in Tripura and West
Bengal.
Your Excellency, I have no doubt you will agree that we
do not want this process to go on in West Bengal for ever.
Time has come to take stock of the situation. History will
not forgive us if we donot. We got our freedom and democracy
after losing countless lives in two centuries of struggle
against ruthless invaders, colonisers and rulers. We will
be doing justice neither to those who gave their lives in
our fight for freedom nor to our future generations if we
continue to overlook this situation.
I might mention here some of the steps that the CPI(M) lead
Left Front Government take in order to demolish and destroy
the democratic rights of the people in a most scientific
manner :
1. We the members and supporters of AITC are fronted with
threatning of CPI(M) with dire consequences even during
the day and process of Election with physical violence.
2. Those of whom become agents inspite of these are shown
fire-arms or are actually hit in front of the Presiding
Officers within the Booth to prevent them from protesting
and false votes are being cast.
3. Sensitive booths are intentionally supplied with home-guards,
who are not even equipped with a lathi and they look the
other way during violence.
4. The ink mark is purposefully not put on the index finger
of false voters but a pretension is made and ink dropped
on the table.
5. After this, when the original voters come out one or
two bombs are hurled and they turn back and prefer to sit
at home.
6. The Presiding Officers are mostly partial because they
come from the Sate Service which is controlled by the CPI(M).
7. The vote is not held at every booth by showing ID card.
8. When the observers generally move about, their movements
are all monitored by the CPI(M) activists and the police
administration and they inform the cadres at the booths
to be careful which the observers propose to visit.
All these steps definitely ensure that the poll is very
accurately rigged in favour of the Left Front led by CPI(M).
Your Excellency, as you know that the administration is
totally politicised and acting in a manner in support of
the CPI(M) lead Left Front Government and lend a deaf ear
to the Opposition Parties to all complaints against the
CPI(M). The democratic process in West Bengal has been murdered
not only in the hands of the CPI(M) goons but also in the
hands of a section of beurocrat and police administration
owing allegience to the ruling party specially the CPI(M)
and whose integrity is doubtful.
While going through the draft proposal of rationalisation
of polling stations and delimitation of Constituencies in
West Bengal, we have every reason to believe that the same
has been prepared with ulterior motive to benefit and satisfy
the ruling party and CPI(M) in particular. We are at a loss
to understand as to why the administration of Delimitation
Commission, West Bengal is in a hest to complete the rationalisation
and delimitation process. It is not out of place to mention
that the Delimitation Commission has been formed during
2002. Thereafter, number of elections have been held in
various States without implementation of the recommendations,
if any by the Delimitation Commission.
We are therefore at a loss to understand why the Delimitation
Commission is so eager to complete the Delimitation of Assembly
Segments before the Assembly Election of 2006 in West Bengal.
According to us, we do not find any logic as to convince
ourselves as because the State of West Bengal is not coming
as a first State, either alphabetically in English letters
or Hindi, neither geographically nor population wise.
We therefore feel that the Delimitation Commission might
have been unduly pressurised by the ruling Party in West
Bengal for their gain to do the delimitation job, without
a in-depth analysis of the same.
Moreover, large number of Infiltration is a order of the
day in the border districts of West Bengal. A large number
of electors in the adjacent districts of West Bengal and
Bangladesh are enjoying dual voting facilities which certainly
influence in favour of the prospect of the candidates of
the Ruling Party namely CPI(M). The situation is so grave
that His Excellency, the Hon’ble Governer of West
Bengal, Respected Shri Gopal Krishna Gandhi has remarked
that the situation of infiltration in the border districts
of Bangladesh are very much out of proportion and the situation,
unless curved would be beyond the control of the State of
West Bengal.
Sir, you will be surprised to note that the names of the
electors of West Bengal to the tune of 69 lacs which has
been deleted from the voters list of West Bengal, published
just before the Parliamentary Election in 2004. The 2001
Assembly Election in West Bengal was held on the basis of
the voter’s list published during 2001. Therefore
the deleted names might have cast their votes inspite of
the fact as identified by the Election Commission subsequently,
that they were not genuine voters. Incidentally our Alliance
lost to the CPI(M) and the Left Front with a difference
of only 17 lacs of the total votes polled in the 2001 Assembly
Elections. We have every reasons to believe, if the Election
Commission took appropriate steps before the 2001 Assembly
Elections, the CPI(M) would have been thrown out of power
inspite of their mass rigging and booth capturing, organised
by the CPI(M.
There has been created free zones of terrorists and cross
border terrorism. Moreover, we have enough intimation which
shows that the CPI(M) is running a parallel administration
and have established their own “CADRE RAAJ’
for running parallel enconomy in the State. The sense of
Law & Order and tranquility is missing. The entire system
of democracy and the rule of law is joepardised. The CPI(M)
has been bold enough to set up their own Wireless Radio
Transmitting Station using the latest technology. This is
a very serious crime and violently infrignes the Constitutional
provisions regarding separation of power between the Centre
and the State. Though law and order is a state subject,
but the sovereignty and security of our motherland should
be protected first.
There have been serious allegations by the Media regarding
the direct involvement of few CPI(M) Ministers of West Bengal
cabinet in carrying arms and ammunitions in their official
vehicles with the ulterior motive of supplying the same
to the CPI(M) cadres in their respective areas.
Your Excellency is kindly aware that the INTER PARLIAMENTARY
COUNCIL of the Inter-Parliamentary Union established in
1889 with Head quarters at Place du petit-saconnex, 1211,
Geneva 19, Switzerland of which India is the largest democratic
member at its 154th session held in Paris on 26th March,
1994 (Annexure …) – “Welcoming the expanding
role of the United Nations, the Inter Parliamentary Union,
regional organisations and Parliamentary Assemblies and
International and National non-governmental organisations
in providing electoral assistance at the request of the
governments –
THEREFORE ADOPTS the following Declaration on Free and Fair
Election and URGES Governments and Parliaments throughout
the World to be guided by the Principles and standards set
out therein :
1. Free and Fair Elections : In any State the authority
of the Government can only derive from the will of the people
as expressed in genuine, free and fair elections held at
regular intervals on the basis of universal, equal and secret
suffrage.
2. Voting and Election Rights …….. Ss. (1) to
(7)
3. Candidature, Party and Campaign Rights and Responsibilites
: Ss. (1) to (11)
4. The Rights and Responsibilities of the States ….
Ss. (1) to (9)
ALL the Rights and responsibilites of the citizens and the
State respectively enumerated in the aforesaid Declaration
which are mandatory in nature have been violated, willfully
and criminally by the State under the Left Front led by
the CPI(M). With your kind permission, Your Excellency,
I would deal with only a few of the items to substantiate
and show Your Excellency how the State has made mockeries
of this sancrosanct Declaration as also the Peoples Representation
Act, 1950/1951 (which is enacted in similar lines with this
declaration) and also butchered and buried the democratic
rights by threat, coercion, violence, terrorism and criminal-political
nexus. I can assure Your Excellency, most painfully, that
apart from the few examples that would be cited hereinbelow,
there are lots and lots of examples to justify the allegations
against the State and could be submitted if so desired by
Your Excellency.
1. Free and Fair Elections : That the elections held in
the State of West Bengal are neither free and nor fair are
amply demonstrated by the Reports as in Annexure
2. Voting and Election Rights : Under Article 2 (5) it is
stated : “2 (5) : Every citizen has the right to equal
and effective access to a polling station in order to exercise
his or her right to vote.
Consequently the State has the responsibility to ensure
that no voter is prevented from casting his vote because
of any threat, coercion or violation. This responsibility
is being violated by the State as will be exibited by the
following instances :
a) When the CPI(M) controlled Left Front Government came
to power in West Bengal in 1977, the percentile average
of pollling in the Parliamentary Elections for both All
India and West Bengal were virtually the same as revealed
by the following table :-
| Year |
All India
Average |
West
Bengal |
| 1952 |
45.07 |
40.05 |
| 1959 |
47.07 |
48.06 |
| 1962 |
55.04 |
55.08 |
| 1967 |
61.03 |
66.00 |
| 1971 |
55.03 |
61.09 |
| 1977 |
60.05 |
60.02 |
Since 1980, when the said elections were conducted with
the CPI(M) led Government in power, a sharp difference in
the percentile average of polling between All India Figures
and theWest Bengal figures started to increase progressively
as revealed by the following table. The percentage even
increased abnormally to 90 % in some booths in favour of
CPI(M).
| Year |
All India
Average |
West
Bengal |
| 1980 |
57.00 |
70.07 |
| 1984 |
64.01 |
78.06 |
| 1989 |
62.00 |
79.07 |
| 1991 |
55.57 |
76.09 |
| 1996 |
57.94 |
82.02 |
| 1998 |
61.97 |
79.23 |
| 1999 |
60.08 |
83.06 |
| 2004 |
53 |
79.06 |
This sharp differential is explainable only by tampering
free and fair polls by the instrument of rigging and false
voting, as perpetrated by the CPI(M) led Left Front in West
Bengal since the 1980 elections.
b) “Goons unleash rape, terror” : Times of India
dated 09/04/2004
“No body wants to be a Trinamool Agent for fear of
CPI(M)” – Bartaman Patrika
“CPI(M) builds a Task Force of observers in villages
to keep voters in control” – Bartaman
“Trinamool will not be allowed to field their agents
by the CPI(M)” – Bartaman
“Assault and threat of muder …” - Anandabazar
Patrika
“CPI(M) is putting pressure on Debra villages to get
votes” – Bartaman
3. Candidature, Party and Campaign Rights and Responsibilities
: Under Article 3 (6) of the Declaration it is stated :
“ 3 (6) : Every individual or a political party has
the right to a remedy for violation of political and electoral
rights.
Under Article 4 (9) it is declared that “States should
ensure that violations of human rights and complaints relating
to the electoral process are determined promptly within
the time frame of the electoral process and effectively
by an independent and impartial authority, such as an electoral
commission or the courts. It is therefore necessary to create
a judicial forum to entertain and determine complaints of
violations of this requirement and to take appropriate action.
Consequently the State is under obligation to create a Judicial
Forum for entertaining complaints of violations of any such
Right and for its prompt determination and providing the
necessary relief. The provision of election petition only
provide very limited relief against an elected candidate
only for actions which can be attributed to him. It does
not provide any relief for the voters who because of interference
with their politica rights are deprived from participating
in the process of Government which is declared to be an
essential right under the declaration of the United Nations.
Such forum has to be created for each constituency which
must be empowered to declare an election void and to direct
fresh election.
Article 3 (9) of the Declaration enjoins that “no
candidate or political party shall engage in violance.”
A breach of this injuction should attract immediate remedy.
Consequently, it is incumbent for the State to create a
forum for complaints of any violation by a Political Party
and to ensure that appropriate action is taken against such
party, and the elections are countermanded and fresh election
is held guaranteeing exercise of the rights by the people.
Instances of violence by Political Party – CPI(M)
– Annexure
a) “Marxist Terror – Panchayet Poll reduced
to a force” – The Sunday Statesman – 13/05/03
b) “Terror at Chakdah by CPI(M)” – Bartaman
– 14/06/03
c) “Proof of wholesale rigging at two elections”
– Bartaman – 12/06/03
4. The Rights and Responsibilities of the State : Under
Article 4(1) of the Declaration it is incumbent on the State
to ensure “separation of Party and State”. In
West Bengal the Party and the State have almost become synonymous
as will be apparent from the following instances :
a) “Opposition slams violence – Buddha calls
poll “fair and mainly peaceful” – Times
of India – 12/05/03
b) “Farcical Poll” – Statesman –
13/05/03
Article 4(2) of the Declaration directs the State to “ensure
that those responsible for the various aspects of the Election
are trained and act impartially…..”. That this
has been violated at every stage will be apparent from the
following instances. (Annexure)
a) “These are nothing according to State Election
Commission” – Bartaman – 12/05/03
b) “Polls in State aren’t free and fair, …….”
– Times of India – 07/02/04
Article 4(5) of the Declaration states ; “States should
take all necessary and appropriate measures to ensure that
the principle of the secret ballot is respected and that
voters are able to cast their ballots freely, without fear
or intimidation.” Throughout the length and breadth
of West Bengal, this dictum has been violated everywhere
as will be evidenced from the following examples –
(Annexure)
a) “Farcical Poll” – The Statesman –
13/05/03
b) “Polls in State aren’t free & fair……
“ The Times of India – 07/02/04
Article 4 (8) directs that “States should take the
necessary measures to ensure that Parties, candidates and
supporters enjoy equal security, and that State authorities
take the necessary steps to prevent electoral violence”
The following examples will make it out that none of the
opposition parties or their supporters have been given security,
and the State authorities have never taken any steps to
prevent electoral violence which were rampant during polls
as also pre and post polls (Annexure)
a) “Official figms confirm Mamata’s stand”
– The Statesman – 18/04/03
b) “Marxist Terror…..” – The Sunday
Times – 20/04/03
c) “18 dead in “Peaceful” Bengal Poll
– The Telegraph – 12/05/03 Your Excellency,
another Election is approaching fast, to be held in the
beginning of 2006. The Left Front Government and the CPI(M)
have already started its dirty game of rigging the polls
by coercion, violence and falsifying thereby violating all
the norms, Rules, Acts and Declarations as mentioned hereinabove.
I am fighting with all my might against this lawlessness.
Our Constitution guarantees the fundamental rights which
are protected by International Declarations and Acts of
Parliament. I seek your blessings in my fight against evil
and to protect the rights of the citizens.
I humbly pray to Your Excellency that necessary instructions
be issued : -
a) To prepare the electoral rolls correctly and impartially.
This may be done by deleting the names of the voters with
Ghosh Ration Cards which have been included by the CPI(M)
to enable them to give false votes, including the names
of the non-left voters which have been left out by the CPI(M)
during last revision of voters list.
b) In terminating CPI(M) violence in the districts. The
State Government has not taken any steps to ensure safe
return of thousands of non-left voters to their respective
village homes form which they have been driven out by joint
armed operation of CPI(M) cadres and the district police.
In some areas the non-left Parties have not been able to
open their offices even. Arrangements should be made to
help them open their offices.
c) To discipline the district officials. Most of the District,
sub-divisional and block / police station level officials,
including IAS and IPS officials of West Bengal have been
reduced to active cardres and sometimes even local leaders
of the CPI(M). They are totally subservient to the dictates
of the local party leaders and the all-powerful Co-ordination
Committee of the State Government employees and the non-gazetted
police karmachari union, both of which are cent percent
CPI(M) controlled organisations. These officers and the
officials need to be reminded and made them follow the path
of impartiality.
d) To arrange impartial and effective policing. The Police
arrangements may not be left in the hands of the State Government.
The CPI(M) violence-prone areas may be specially demarcated
and very special police arrangements under the independent
command of the CPI(M) forces may be made for these areas.
Detailed proposals for these areas may be discussed with
All Political Parties at all levels.
e) To depute impartial and effective official observers.
Almost all the Election Observers deputed by the Election
Commission take it easy and are easily deputed by the District
and lower level officials. Reference is invited to CAG Report
sent to the Election Commission on 07/02/04 (copy enclosed
and marked as Annexure…) We humbly submit the followin
proposals for the kind consideration of Your Excellency
:
i) All the Observers may be deputed from outside the State
cadre
ii) For each Assembly Constituency, a separate Observer
may be deputed
iii) The Observer may be suitably briefed to :
1) Be always available in their respective areas anytime
for atleast 7 days before the Polling day
2) Not to accept lavish hospitality from the State / District
officials and
3) Very prompt in acting upon complaints against local officials
and the ruling party leaders
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