Anupam has been working with Organizations like Nagarika Chetan Manch for many years on these issues. He and Madhav Nalapat brought to country's attention on voters count against candidates appearing on ECI website even before ECI started counting in 2009!!! He along with others fought successfully against Aadhar card in Supreme Court. See how negligent Election Commission has been all these years sitting on this. Same EC took immediate action in New Delhi after complaints from AAP giving credence to some allegations that ECI is playing partisan.
Just Delhi alone 13 lakhs bogus voters with 80,000 voter cards for dead people had to be cleaned up and 70 EC officials suspended for voter card scam. Just imagine the extent of the problem throughout India. Mumbai and Pune is tip of the iceberg.
ECI has become a defunct Organization run by spineless bureaucrats with their own skeletons in the closet.
Democracy Under Sieze – Anupam Saraph
From Representation of Peoples Act:
4[135A. Offence of booth capturing.—5[(1)] Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which 6[shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine].
Explanation.— For the purposes of 7[this sub-section and section 20B], "booth capturing" includes, among other things, all or any of the following activities, namely:—
(a) seizure of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;
Explanation.— For the purposes of 7[this sub-section and section 20B], "booth capturing" includes, among other things, all or any of the following activities, namely:—
(a) seizure of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;
(b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and 6[prevent others from free exercise of their right to vote];
(c) 8[coercing or intimidating or threatening directly or indirectly] any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;
(d) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes;
(e) doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.]
9[(2) An offence punishable under sub-section (1) shall be cognizable.]
MEMORY USED IN EVMs
---------- Forwarded message ----------
From: Anupam Saraph <anupamsaraph@gmail.com
Date: Wed, Apr 30, 2014 at 6:56 AM
Subject: memory used in EVMs
To: Narayana Sd <narayanasd123@gmail.com>, Swamy Subramanian <swamy39@gmail.com>, Nalapat Madhav <mdnalapat@gmail.com>, Prasad Krishna Hari Vemuru <vhkprasad@gmail.com>, Modak Sohan <spmodak@gmail.com>, Nalapat Madhav <mdnalapat1@gmail.com>
The Maharashtra State Election Commission has advised: vide circular dated 18/6/2013 (http://www.mahasec.com/
Any idea about the implications of these changes: new removable memory, the refurbishing of old EVM’s and use of new EVMs?
From: Anupam Saraph <anupamsaraph@gmail.com
Date: Wed, Apr 30, 2014 at 6:56 AM
Subject: memory used in EVMs
To: Narayana Sd <narayanasd123@gmail.com>, Swamy Subramanian <swamy39@gmail.com>, Nalapat Madhav <mdnalapat@gmail.com>, Prasad Krishna Hari Vemuru <vhkprasad@gmail.com>, Modak Sohan <spmodak@gmail.com>, Nalapat Madhav <mdnalapat1@gmail.com>
The Maharashtra State Election Commission has advised: vide circular dated 18/6/2013 (http://www.mahasec.com/
Any idea about the implications of these changes: new removable memory, the refurbishing of old EVM’s and use of new EVMs?
Here are some recent news on bogus voter lists, scams, from New Delhi to Assam to Maharashtra.
Delhi hit by massive poll scam: Election commission unearths 13 lakh bogus voters and over 80,000 valid voter cards for dead people
By KUMAR VIKRAM
PUBLISHED: 16:35 EST, 13 August 2013 | UPDATED: 16:35 EST, 13 August 2013
---------- Forwarded message ----------
From: Satya D <hitaya123@gmail.com>
Date: Mon, May 5, 2014 at 12:31 PM
Subject: Fwd: Democray under seize, mockery of elections with manipulated electoral rolls - Press Release
To: Satya D <hitaya123@gmail.com>
From: Satya D <hitaya123@gmail.com>
Date: Mon, May 5, 2014 at 12:31 PM
Subject: Fwd: Democray under seize, mockery of elections with manipulated electoral rolls - Press Release
To: Satya D <hitaya123@gmail.com>
Nagarik Chetana Manch is a leading NGO fighting against these issues for many years and won the Supreme Court cases such as against Aadhar card. Please read through the entire Press release which is showing up to 35% to 60% of the electoral rolls are bogus. It is not that the ECI does not know these things, they just sat on it and did NOTHING all these years. (see the table in Press release below).
We may very well be seeing repeat of 2009, with anywhere up or above 50 seats manipulated and tilt the balance of power.
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We may very well be seeing repeat of 2009, with anywhere up or above 50 seats manipulated and tilt the balance of power.
---------- Forwarded message ----------
From: Sudhir Jatar <scnjat@gmail.com>
Date: Mon, May 5, 2014 at 7:12 AM
Subject: Electoral Rolls Muddle - Press Release - Nagrik Chetna Manch
To:
From: Sudhir Jatar <scnjat@gmail.com>
Date: Mon, May 5, 2014 at 7:12 AM
Subject: Electoral Rolls Muddle - Press Release - Nagrik Chetna Manch
To:
Dear Sir or Madam,
Nagrik Chetna Manch, after deep study and discussions, is issuing the enclosed press release for favour of publication.
Nagrik Chetna Manch has resolved to see this matter through as it strikes at the very roots of democracy and we firmly believe that "Democracy is under siege" due to faulty preparation of Electoral Rolls.
We have argued in the Press Release for our following demands:
a)An intensive revision of the Electoral Rolls under Rule 25 of the Registration of Electors Rules through door-to-door visits by staff hired solely for the purpose.
b)An audit by the CAG of such rolls for their compliance to Registration of Electors Rules, especially Rules 6 and 21A.
c)Conduct of free and fair elections as soon as, and only after, such genuine verified and audited Electoral Rolls are available.
Thank you,
Yours sincerely,--
Maj. Gen. S. C. N. Jatar, Retd
President, Nagrik Chetna Manch
Telephone: +912024475366/+919970093533
Visit us at <http://www.nagrikchetna.com>
The time to relax is when you do not have time for it!
The time to relax is when you do not have time for it!
5 May 2014
Press Release
Faulty Electoral Rolls
Every one is now aware that citizens had trouble finding their booths and a large number of them could not find their names in the electoral rolls on the polling day in Pune on 17 April 2014. However, what is not known is that the elimination of names and addition of fictitious names appears to be on design and not unintentional. It is just beyond anyone’s comprehension to fathom how names can get deleted unless applied for in case of residence change or death.
There were at least two indicators that were precursors to the impending electoral rolls muddle; (i) the statement by a senior politician advising his supporters to wipe out the ‘indelible’ ink and vote a second time and (ii) the replication of 1.08 lakh voters from Sangli Lok Sabha constituency evenly distributed in the slum areas of the six assembly segments of Pune Lok Sabha constituency. The authorities should have sat up and checked.
Dr. Anupam Saraph (9325349304), a member of Nagrik Chetna Manch, along with a few other citizens has been studying the irregularities and lack of adherence to the Registration of Electors Rules, 1960 since 2011 when he objected to the entire electoral roll and also lodged a police complaint but to no avail. Even now, the names in the electoral rolls are not arranged as per house numbers or in alphabetical order. Further, there is an elaborate procedure in Rule 21A for deletion of names. It is the registration officer, who makes a list of the names to be deleted with details of such electors, exhibits them and considers written/verbal objections before finally deleting the names. Hence, it is implicit in Rule 21A that elector’s names do not get deleted ‘automatically’ but it is on occurrence of an event e.g. death or not being an ordinary resident. The main cause for illicit additions and deletions is that the electoral rolls are neither verifiable nor auditable[1]. This means that elections are held on a directory of people who may not exist, may live in different constituencies or even vote multiple times.
In violation of existing rules, the Election Commission outsources the addition and deletion of names to political parties, which immediately creates a conflict of interest because political parties fight elections. To compound the problem, the Election Commission of India has permitted the use Aadhaar number as proof of address and of identity, which it is not. The issue of Aadhaar number had also been outsourced to the very same political parties.
Our studies based on the age-structure as published by the Census of India[2] and the population of a constituency as published by the Election Commission[3] reveal the following:
a) An average of 35% electors in Maharashtra are duplicate or do not exist. Further there are about 25 % deletions as per ECI website[4].
b) Due to illicit additions and deletions, the error (plus/minus) in the electoral rolls is about 60% (35 % excess i.e. plus and 25 % deletions i.e. minus).
c) The declared turnout percentages are, therefore, misleading, not being actual.
The errors in electoral rolls, either deliberate or due to sheer inefficiency, result in “booth capturing” in terms of Section 135A of the Representation of Peoples Act because incorrect electoral rolls “affect the orderly conduct of elections” and “prevents legitimate voters from free exercise of their right to vote”. In terms of Section 58A of the said Act, the improperly prepared electoral rolls call for “adjournment of poll or countermanding of election”.
Nagrik Chetna Manch has written to the Chief Election Commissioner, the Chief Justice of India and the Chief Justice of the Bombay High Court calling for suo-moto cognizance of our grievance and commencement of an intensive Supreme Court-‐monitored revision of electoral rolls.
We have, therefore, demanded for:
a) An intensive revision of the Electoral Rolls under Rule 25 of the Registration of Electors Rules through door-to-door visits by staff hired solely for the purpose.
b) An audit by the CAG of such rolls for their compliance to Registration of Electors Rules, especially Rules 6 and 21A.
c) Conduct of free and fair elections as soon as, and only after, such genuine verified and audited Electoral Rolls are available.
Please see Annexure for elaboration on the above points.
President, Nagrik Chetna Manch
Elaboration and Clarification of Points
Press Release dated 5 May 14
Faulty Electoral Rolls
Addition & Deletion of Names from Electoral Rolls
The Election Commission outsources the addition and deletion of names to Political Parties. There is no evidence to show that they would not be influenced by their conflict of interest in selectively adding or deleting names. To compound the problem the Election Commission of India has permitted use Aadhaar as the proof of address and proof of identity, which it is not.
Connection with Aadhaar Number
The Aadhaar is merely a random number assigned to access unverified and unaudited data submitted by various private enrolment agencies including political parties or their agents. The Aadhaar data held by these private parties can be used to fill forms that add persons to the electoral roll or delete them, and submit an Aadhaar as the proof of identity/proof of address without the knowledge of the persons. This allows the enrolment of non-existent persons, duplicates, persons from different constituencies and the deletion of persons onto the Electoral Rolls without the knowledge of persons involved.
Estimate of the Number of Citizens on the Electoral Roll
In the absence of verifiable and auditable Electoral Rolls, we calculated the number of people who would be expected to be on the Roll given the age-structure as published by the Census of India[5] and the population of a constituency as published by the Election Commission[6]. The calculations are presented below:
From the numbers in the above Table, we draw the following deductions:
a) An average of 35% electors in Maharashtra are duplicate or do not exist. There are about 25 % deletions as per ECI website[7].
b) Due to illicit additions and deletions, the error (plus/minus) in the electoral rolls is about 60% (35 % excess i.e. plus and 25 % deletions i.e. minus).
c) The declared turnout percentages are, therefore, misleading, not being actual.
Such Electoral Rolls, that are neither verified nor audited, amount to booth capturing or fraudulently interfering with the process of an election whereby members of a party occupy a polling booth, excluding and voting in place of those people who should be eligible to vote there.
Our elections are a facade because we elect our representatives based on faulty electoral rolls and call it a free and fair election. Our netas have twisted the perspective of democracy by coming to power by “virtual booth capturing”. We are made to believe that that if you do not vote, you lose the right to participate in the Indian “democracy”.
Democracy is under siege. The elections have become a mockery under such electoral rolls.
5 May 2014
[1] See also detailed presentation at: http://www.slideshare.net/
[3] http://www.mahasec.com/