S.
Subramaniam Balaji S-42, J Block, Golden
Advocate
Enclave Apts,
(Behind
Navasakthi Vinayakar
Temple) 180, Luz Corner,
Mylapore, Chennai – 4.
Ph: 98405 66877
To, 28-8-2013
The Election Commission of India
New
Delhi
Sirs,
Sub:
All party meeting on freebie regulation in manifesto of political parties
conducted on 12-8- 2013– reg
Ref:
Order of Honourable Supreme Court in S. Subramaniam Balaji Vs Govt of Tamil
Nadu & others ordered on 5-7-2013.
-------------
In the above matter before
the Honourable Supreme Court of India,
your commission had wantonly misled the Honourable Supreme Court and the Nation
by stating that the Representation of People’s act does not cover manifesto and
that ended in the Honourable Supreme Court giving out a pathetically wrong
order stating that Manifesto has not been covered under the said Act and
therefore large scale freebie bribes would not be a corrupt practice under the
R.P. Act, and by which you have betrayed the nation.
Your commission along with your
lawyers who argued the matter had willfully and wantonly misled the Court by wantonly suppressing section 127-A (3) (b) wherein it has been
clearly stated that manifesto would clearly fall under election notices and
pamphlets printed by a candidate or on his behalf to promote or influence his
election prospects. If you had indeed
suppressed it deliberately before the Honourable Supreme court then it means that you did that to protect and
promote the same persons whom you stated had vitiated the elections but have
been condoned and let go freely and happily. This also means that the all party meeting
convened too is illegal and unconstitutional since the subject matter of
manifesto is already covered in the said section. If you had not seen section 127-A (3) (b) at all by oversight and your counsels had also
not seen it then is it not your duty to seek review of the Judgment by now
? if you did not do it, what is the
reason? Is the ECI afraid of corrupt politicians and
wants to preserve and protect them by championing their cause at the cost of
the nation and Constitution and also the RP Act ?
You were also joined by the Comptroller and
Auditor General ‘s office and also the Ministry of Finance in this manipulative
argument strategy wherein the CAG had not brought in one single Government
Order of the Tamil Nadu Government which had illegally and unconstitutionally
diverted funds for other welfare schemes for the free TV scheme and that too to
non-existent cartels which imported junked
Chinese make 14 inch television sets and assembled and distributed it to
the Tamil Nadu Government, completely failing the concept of “Public Purpose”,
which ought to have been stopped by the CAG’s office in the first place. The CAG’s attitude too was sickening since
they did not even point out the MPLADS case (Bhim Singh Vs Union of India)
wherein it is clearly stated that public monies cannot be expended on
individuals. The Constitutional Limitation on the powers of the Government to
spend were clearly violated and the CAG had turned the other way in order to
aid this national loot of the exchequer.
There
is nothing to say about the Finance Ministry, which also wants to
destroy the Constitution and sacrifice it and wants to bribe the entire nation
with cheap useless goods just because (a) a corrupt alliance partner wants it ,
(b) from writing off debts to the tune
of 72,000crores just to win last
general elections and ( c ) also promise
illegal and unconstitutional direct cash transfers to people to be unleashed
before the upcoming general elections
just because some unemployed fellow wants it and (d) also because some cheap, manipulative and
fraudulent zombie government which wants to stick to power and survive for
the only sake of covering up scams after scams and be back with such and more
freebie mafia political alliances.
The all party meeting, that you
conducted on 12-8-2012 had rendered the above referred judgment null, void and
otiose. The very fact that the political
parties want to promise freebies and do it more proves that they would vitiate
further elections and your commission cannot do anything but to sit idle as you
had done.
Of
course you will not act against people, who, in your own words have proven to have vitiated two elections.
Anyway,
I am sure that with this Judgment the nation is destined to be doomed with more
and more freebies, directly and indirectly, promised and distributed as a “last
resort by scoundrels masquerading as politicians”, adding to fiscal and
monetary deficits together with destruction of people’s desire to work and earn
accruing into future debt traps, but first destroying the foundation of our democracy, the Elections.
If
you want to save the Constitution of India and also your stature as an
Honourable creation of the Constitution of India, you can go on a review. I am
not going to file a review anymore since I found that the spirit of
the Constitution of India could not even be understood by the Constitutional
bodies and therefore I don’t expect
anything better in my matter which
is against the spirit in Bhim Singh case – Justice Sathasivam and
P.A Sangma Vs Pranab Mukherjee – Justice Ranjan Gogoi .
What
is wrong in the Judgment is when the ECI itself says
that the elections have been vitiated and recorded by the Court but then
casually circumvented inspite of the intrinsic knowledge and our submission of the Chennai Corporation Election
case, wherein a vitiated election was set aside. The settled principle of law that any process that is vitiated ought to
be set aside always stares at the Court, but had been relegated for reasons
unknown to me, but in the last paragraphs giving me a consolation prize saying
that the freebies in elections have to be curbed. How can something that has
been held to be Constitutional and valid in the same judgment be curbed from
being advertised by its proponent ?
In other words the judgment is a joke on the
people of this great Nation. But I am not going to be bothered and file a
review, not because of any monetary or logistical constraints or loss of
confidence on the Institutions or the system, but because I think the people
manning it are unworthy of my time and efforts. I have
nothing more to say than that all the respondents have worked hard to be the
wizened warder to let through the enemy, as in the words of Poet Edwin Muir in “The Castle”, to prove the true character of the so called
leaders of India as stated by Mr. Winston Churchill and have also betrayed the makers of our
Constitution.
|
The
Castle
|
|
|
|
All through
that summer at ease we lay,
And daily from the turret wall We watched the mowers in the hay And the enemy half a mile away They seemed no threat to us at all. For what, we thought, had we to fear With our arms and provender, load on load, Our towering battlements, tier on tier, And friendly allies drawing near On every leafy summer road. Our gates were strong, our walls were thick, So smooth and high, no man could win A foothold there, no clever trick Could take us, have us dead or quick. Only a bird could have got in. What could they offer us for bait? Our captain was brave and we were true.... There was a little private gate, A little wicked wicket gate. The wizened warder let them through. Oh then our maze of tunneled stone Grew thin and treacherous as air. The cause was lost without a groan, The famous citadel overthrown, And all its secret galleries bare. How can this shameful tale be told? I will maintain until my death We could do nothing, being sold; Our only enemy was gold, And we had no arms to fight it with. Edwin Muir |
Here's what Churchill did say about ceding
governmental power to India. Then a mere member of parliament (Woodford), he
observed in a parliamentary debate on 6 March 1947 [2], [2] Commons Sitting of
Thursday (India, Government Policy), 6 March 1947; House of Commons Debates,
Hansard; Vol. 434, cc. 663-776.
“In
handing over the Government of India to these so-called political classes we
are handing over to men of straw, of
whom, in a few years, no trace will remain.”
CONSTITUENT ASSEMBLY OF INDIA - Volume I
Monday,
the 9th December 1946
The first meeting of the Constituent Assembly of India took place
in Constitution Hall, New Delhi, on Monday, the 9th December 1946. at Eleven of
the Clock.
ELECTION OF TEMPORARY CHAIRMAN
Acharya J. B. Kripalani (United Provinces:
General): (in requesting Dr. Sachchidananda Sinha to take the Chair as
temporary Chairman, said)-
*[Friends, at this auspicious occasion of
historical importance I invite, on your behalf, Dr. Sachchidananda Sinha to be
the temporary Chairman of this Assembly. Dr. Sinha needs no introduction.
As a matter of fact………. Having quoted the greatest
British authority on the great, inherent, merits of the American Constitution,
you will, I hope, bear with me a fairly long quotation from the greatest
American Jurist, Joseph Story. In concluding his celebrated book, called
"Commentaries on the Constitution of the United States", he made
certain striking and inspiring observations which I present to you as worthy of
your attention. Said Story:--
"Let the American youth never forget, that
they possess (in their Constitution) a noble inheritance, bought by the toils,
and sufferings, and blood of their ancestors; and capable, if wisely improved,
and faithfully-guarded, of transmitting to their latest posterity all the
substantial blessings of life, the peaceful enjoyment of liberty, property,
religion, and independence. The structure has been erected by architects of
consummate skill and fidelity; its foundations are solid; its compartments are
beautiful, as well as useful its arrangements are full of wisdom and order; and
its defences are impregnable from without. It has been reared for immortality
if the work of man may justly aspire to such a title. It may,
nevertheless, parish in an hour by the folly, or corruption, or negligence of
its only keepers, THE PEOPLE. Republics are' created-these are the words which
I commend to you for your consideration-by the virtue, public spirit, and
intelligence of the citizens. They fall, when the wise are banished from the
public councils, because they dare to be honest, and the profligate are
rewarded, because they flatter the people, in order to betray them.,'
Yours truly
S.
Subramaniam Balaji
Copy
to : 1. The Comptroller and Auditor General of India
2.
The Secretary, Ministry of Finance, GOI.
3.The Registrar –General, Supreme Court of
India.
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By SARAH MASLIN NIR
Published: April 8, 2012
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