Complaint against all parties offering freebies

S. Subramaniam Balaji S-42, TNHB Golden Enclave

Advocate 180, Luz Corner, (Behind

Navasakthi Vinayakar

Temple, Mylapore

Chennai – 600 004.

ssubramaniambalaji@gmail.com Ph: 098405 66877

through E-mail and Speed post Ack. Due

29-3-2011

To

The Chief Electoral Officer,

Tamil Nadu,

Fort St. George, Chennai -9.

C.C. The Election Commission of India

Nirvachan Sadan, Ashoka Road,

New Delhi – 1.

Respected Sir,

Sub: Complaint – (a ) Against the promise / offer of freebies by DMK led alliance for and on behalf of all the alliance partners, AIADMK led alliance for and on behalf of all the alliance partners and also by the other parties and independent candidates at the Tamil Nadu Assembly election 2011 - Bribery amounting to Corrupt Practice under sec 123 (1) of the Representation of the People Act, 1951 read with section 171-B(2) of the Indian Penal Code –– seeking Disqualification ab initio as it is a violation of the oath under Schedule III (VII A) as enumerated under Article 173 (a) of the Constitution of India on two counts, namely (1) as a private gift is not a public purpose and therefore Ultra vires the Article 282 of the Constitution of India and (2) an express bribe under section 123 of the R.P. Act cannot become a Sovereign function of the State even under the garb of Legislative sanction- request immediate penal action – Regarding.

Ref: (1) My earlier complaint dated 24-4-2006 and sent to you through Email and also registered post on the subject of free colour television (bribe) promise at the Tamil Nadu Assembly Elections 2006.

(2) My earlier complaint dated 10-12-2007 on the subject of free colour television (bribe) promise at the Gujarat Assembly Elections 2008.

(3) Your reply dated 1^st February 2008 in No. 4/RTI/01/2008/JS II/ 1535.

(4) My earlier complaint dated 10-4-2008 on the subject matter of free colour television (bribe) promise at the Karnataka Assembly Elections 2008.

(5) My earlier complaint dated 22-3-2011.

****

1. I am a practicing Advocate at Chennai and am lodging this complaint as a sequel to my above referred complaints dated 24-4-2006, 10-12-2007, 10-4-2008 and 22-3-2011 which may be read as part and parcel of this complaint.

2. The issue of offering / promising a household accessory of (1) Grinder / Mixie / fan, (2) free bus pass to senior citizens (3) free cash grant for women self help groups (4) free houses worth more than Rs. 1 Lakh (5) free laptops for students (6) free 4 grams Gold and marriage expenses for girls at marriage (7) free rice (8) free Cash of Rs. 1,500 Per month per family (9) free refrigerator and washing machine (10) free 5 Sovereign chain for women (11) free cows and 4 goats and (12) free Nano car etc promised by the DMK led Alliance, the AIADMK led alliance, other parties and independents to induce the voters to vote for their candidates or themselves is nothing but a bribe under section 123(1) of the R.P. Act and also a promise of an unconstitutionality at an election, which is a violation of the oath taken at the time of filing the nomination. The candidates of the parties that have promised / offered this wholesale bribe by printing it on behalf, and also the alliance candidates who are riding along with them, have neither condemned nor disowned this wholesale bribe and are therefore estopped from disowning the said bribe offer / promise at a later date, are therefore liable to be penalized for the same.

3. Moreover, the political party that is putting up the candidate is nothing but a body of individual citizens, an association of persons that includes the candidates and therefore the candidates are estopped from stating at a later date that the manifesto promise/ offer of bribe does not bind them or was not offered / promised on their behalf. A large scale printed offer / promise of individual inducements / incentives with an intent to interfere with the duty of a citizen to cast his vote without fear or favour has been tampered with by these freebie offers / promises and the ingredients of section 13 of the PCA would apply to the instant case, where the citizen is discharging his duty under the Constitution. This freebie offer has completely vitiated the election atmosphere now that people have stopped buying mixie or grinder and are awaiting for it to be given by the new Government. If such large scale bribes are allowed to be pedded by your office, thus undermining the solemn process of elections and resulting in derogation of the Constitution of India, our nation would not remain a Sovereign Republic, but would soon become a Banana Republic.

4. Kindly read my earlier complaint dated 22-3-2011 and these candidates have already attracted disqualification under the R.P. Act for having peddled a bribery and unconstitutionality at this election.

5. Therefore kindly take steps to disqualify all the candidates of these alliances, parties and also the independents who promised such a bribe and an unconstitutionality. whether they emerge victorious or not. Disqualifying about 700 odd candidates out of a population of more than 7,00,00,000 would not do any harm to the society, but would only go to cleanse the system by getting rid of such corrupt and self serving politicians. The office of the Election Commission has to elevate the standards at election and not allow such bribes by unscrupulous and cantankerous politicians to hijack the elections and undermine the solemn process of elections that sustains our democracy.

6. As the Constitutional authority in charge of the General Elections in the State of Tamil Nadu, I therefore request you to initiate immediate action against all the candidates who have offered / promised freebies, whether they belong to a party or the alliance partners or an independent and take steps to disqualify them for their free gift offers / promises and also initiate appropriate proceedings to recover the election expenses incurred by your Commission and also appropriate Criminal proceedings in the interests of Democracy as enshrined in the Constitution of India.

“ Eternal vigilance is the price of democracy”

Thanking you

Yours Sincerely,

S. Subramaniam Balaji