An open letter to all my countrymen.
Do you want India to remain a democracy? Then you must understand what Gyanesh Kumar, the CEC, and his bosses are doing in the so-called SIR.
They are violating the law.
- As per Section 21 of the law, a special revision is to be undertaken only in special cases, for reasons to be recorded in writing in each case; and that also only in any constituency or part of a constituency. An order for intensive revision for the whole country was illegal. An exception allowed for special cases cannot become the rule. The Supreme Court order upholding the general SIR was wrong.
Another question is - who took the decision for SIR in the whole country? Was it the full commission; or only Gyanesh Kumar.
- Section 21 of the Representation of the People Act, 1950, provides that where the revision of an electoral roll is taken up, the electoral roll in force at the time of the issue of the notification of revision shall continue in effect till the completion of the revision. The revised electoral rolls become complete only after all the appeals filed against inclusion or deletion are disposed off. Where the appeals were still pending, the original Electoral roll which was valid on the date of notification was to be used. Contrary to this the new roll with deletions was used during the elections even though appeals against deletions were still pending. This was illegal.
- Section 22 of the RP Act provides that the Electoral Registration Officer, and not anyone else, can remove a voter's name from the roll and that also only on the grounds listed in Section 22(a), (b), and (c); and only after a specific enquiry, after giving the concerned person a reasonable opportunity of being heard, and only after appeals against his order are disposed off. Gyanesh Kumar removed the names of all the voters who had been listed by the ERO's after 2003, without any basis, without any enquiry, and without any show cause to the registered voters. This was blatantly illegal.
The persons whose names were removed summarily had to apply as fresh voters in Form 6 and give evidence that they were eligible to be registered. This is a clear violation of the Supreme Court judgement in Lal Babu Hussain and Others v. Electoral Registration Officer and Others, [(1995) 3 SCC 100], which held that the enquiry authority or the objector and not the voter - must bring forth material evidence to back any claim that an enrolled voter be disqualified. And in such cases the voter must be asked to show cause why his name should not be removed on the basis of the grounds adduced by the enquiry officer. All this did not happen.
The established jurisprudence is that the onus to prove that there are sufficient grounds for subjecting any person to a disability or punishment is on the
person or institution which is seeking to inflict the punishment. Here, Gyanesh Kumar has inverted the burden of proof. This is also against the law.
Up to now, the efforts of the Government and the Election Commission have always been to enroll all eligible voters. It was a mission to deepen democracy and empower all citizens. This is the first time in history of the country that the mission is to disenfranchise people.
Gyanesh Kumar added a new appendix to Form 6. He was not authorised to do so, as Form 6 is mandated by statutory rules. And he added this himself – against the views of the two election commissioners. The decisions of the commission are to be taken either unanimously – or by a majority. The majority was against the addition of the new appendix to the form. So the addition of the new appendix was against the decisions of the Commission itself. So why was it added? On whose orders? This was illegal. This appendix asks the applicant to state the serial number in the 2003 voter list on which their parents' names were listed. Where can an ordinary person – a young man of 18; access the 2003 roll in 2026? This stopped the registration of all young voters. BJP knows that young voters will not vote for it.
Objections to inclusion of voters names in form 7 were filed in bulk. Who filed them? How were the forms accepted and acted upon when the persons who signed it did not appear?
Names of 16 lac voters found valid by the ERO were not registered in Bengal because, it seems, the EC filed appeals against them. Why? On which grounds? Who authorised the Commission to file appeals? Two Election Commissioners say they did not do so. So the Commission did not authorise anyone to file appeals. Who did it? Gyanesh Kumar? These people were prevented from voting in the election.
So the Election Commission and some people from a political party were acting in cahoots to get bogus Form 7 objections filed in bulk and delete names?
How were elections allowed to be held when the appeals of lakhs of voters were pending? The ECI and the Supreme Court have to answer. The appeals which have been decided show that 90% of the voters who were left out were valid.
A ridiculous thing was brought up called "logical discrepancy". Gyanesh Kumar does not have any idea of how the poor live in India. Their children are not born in hospitals. They do not have birth certificates. They do not have calendars in their homes. When the BLO approached them to enroll them in the voter list they gave their estimated year of birth. Similarly, when their fathers' names were enrolled in the electoral roll, they gave their estimated year of birth. The dumb people in the Election Commission, under Gyanesh Kumar, said that any difference of less than 15 years between father and children would be a logical discrepancy justifying excluding their names. The “Logical Discrepancy” names were excluded without enquiry, contrary to sec 21 of the act.
The largest number of exclusions have been the poor and the underprivileged, those without a voice. They were and are mostly away from their homes, earning their daily bread. Lakhs are working in faraway places/states. They could not and cannot afford to go back to their homes for a month to get their names registered. They will go hungry if they do not earn. They cannot fill the complicated forms. They do not have birth certificates and the papers. Why should they sacrifice their daily wages for a vote?
The illegal immigrants are not affected. The first thing they do on entering India is to get their documentation made—Aadhaar card, ration card, etc. The earlier immigrants are their support systems. It is the poor Indian citizens who have been disenfranchised. The dumb people in the Election Commission and their bosses did not understand this. Or they wanted it this way.
Gyanesh Kumar has made a digital electoral roll and empowered it to refuse addition of names because of “Logical discrepancy”. In the name of "Logical discrepancy", the names of millions of voters have not been included. This is against the law. The only authority designated by law to add or delete names and publish the electoral rolls is the Electoral Registration Officer. Contrary to this, the electoral roll was centralised and the revision happened centrally. This was illegal.
Two Election Commissioners pointed out that the only people authorized to add or delete names – the ERO, the DEO and the CEO were not being allowed to access the voter list. In Goa, 97 electors were found by the ERO to be valid and fit for inclusion in the roll. They have not been able to add their names to the roll as yet.
The centralisation of the voter list amendment is dangerous. It can be used to cut voters from booths which vote against NDA. Is this what happened?
Deleting voters names before verification is a heinous offence, and Gyanesh Kumar is guilty thereof.
13 crores names have been deleted by SIR so far. This is 13% of the voters, and SIR is not over. The difference between NDA and INDIA in the 2024 elections was only 3%. So the deletion have had and will have a material impact on the elections.
The press note issued after the Commission meeting on 26th September confirms the illegalities mentioned above.
Did Gyanesh Kumar commit all these illegalities himself or was he directed to do so by his bosses?
The Opposition says that they will impeach Gyanesh Kumar. That is an exercise in futility. They just do not have the numbers. If they really want a remedy, they should file criminal cases against Gyanesh Kumar.
The next step to be taken is that all opposition parties should unite and say that they will not participate in any election till the CEC and Election Commissioners' resign and the selection of their successors is as per the previous selection system, with the Prime Minister, the Leader of the Opposition, and a sitting Supreme Court judge. Elections held in states while the appeals of lakhs of voters were pending must be set aside and fresh elections held. And the poll must be held by ballot not by EVMs because no electronic system has yet been invented which cannot be hacked. That is why none of the economically and digitally advanced countries use EVMs.
If we want to preserve our democracy the whole country will need to be made aware and united.
The reputation of the Supreme Court has been besmirched by the judgement on SIR. It is at par in infamy with the judgement upholding the emergency. Hon’ble Judges may please note.
The procrastination on the challenge to the law on selection of Election Commissioners is also sending a bad message about the Supreme Court – as it is an open and shut case that the Election Commissioners should not be selected by the party in power; but by a neutral selection committee to ensure their neutrality.
Let us unite to save our democracy.
RK Singh
(IAS Retd. Ex Union Home Secretary)
@abhijeet_dipke@Cockroachisback@RahulGandhi@kharge@ArvindKejriwal@MamataOfficial@yadavakhilesh@mkstalin@yadavtejashwi@Pawankhera
🚨IMPORTANT NEWS🚨
Since Chief Election Commissioner Gyanesh Kumar is in the news, I have some very important but sad news to share about a Supreme Court judge.
Supreme Court judge Justice Satish Chandra Sharma. Just two months away from retirement.
If you remember, the Allahabad High Court had imposed a penalty on Medha Roopam, the DM of Noida and daughter of Gyanesh Kumar with a fine of five lakh rupees for irrationally issuing NSA order against a student Activist for Noida labour protest.
That order was challenged before the Supreme Court of India. Live Law, the news portal, reported that Gyanesh’s daughter’s case was listed before Justice Satish Chandra Sharma out of turn and in violation of the Supreme Court roster and rules and convention. The challenge ought to have gone before Justice Nagarathna’s bench, known to be an independent upright judge.
Two days back, when the matter was listed for hearing, Justice Sharma‘s bench switched off the audio of the Supreme Court proceeding, which is highly unusual and almost never done. ALARMING. There was no explanation from the judge’s side as to why this extraordinary favour was done for Gyanesh’s daughter.
In any case the fine and the adverse remarks of the Allahabad High Court were stayed by Justice Sharma immediately.
Same day, in another case related to Gyanesh Kumar—the constitutional challenge that was filed against the 2023 law on election commissioners of India was finally decided by a two judge bench of which Justice Sharma was a part of.
Under challenge was the appointments procedure where the leader of opposition today holds only an ornamental seat in the Three-member selection committee that selects Election commissioner of India. The other two are PM and his Cabinet Minister. Justice Sharma dissented which led to a split verdict and the case has now been sent before the Chief Justice of India for constituting a larger bench. This has delayed the case by years probably. This split verdict itself came after three years. This is how the Supreme Court refuses to hear most important cases that affect our lives and the country.
A separate blanket immunity granted to past and present election commissioners of India by Modi’s government is also pending for last 9 months before CJI Surya Kant. Today, the Chief Election Commissioner has been exposed for gross illegalities and for stealing votes and elections at the behest of powers that be. Any sane, sorted, neutral, just person can see that the selection process of ECIs is not independent and tilted in govt’s favour. But not Justice Sharma.
And here’s the big news: his son holds not one, not two, but four big, plum government counsel panels, including income, tax department, GST, customs, and excise, and a Madhya Pradesh government lawyer panel. I need not explain the great perks and influence that come along when you hold such plum government panels. Read my Justice Swarana Kanta Sharma report where I exposed the same thing.
I am withholding the name of the son for now.
The important question is: how can a judge be expected to do impartial and fair Justice in politically sensitive cases if his family members serve at the pleasure of the government? The judge is also retiring two months later, and several lawyers have informed me that there are vacancies in NCLAT and other search plum tribunals.
I’M SORRY TO SAY such a system of judiciary does not inspire confidence in its ability to do impartial justice. There is a reason why the ethics code for judges require them to maintain a sense of aloofness and not do anything which can harm the their image and that of the judiciary.
Both in Justice Swarna Kanta’s case and several other judges case, including that of the Supreme Court, it is TRAGIC to notice the complete capture of the institution of the Indian judiciary. Can the judiciary go on like this?
Please don’t reduce the Express report to a “compromised ECI" only .
Put the gaze on the Supreme Court too.
It allowed an executive-heavy appointment process, then upheld SIR as a “constitutional duty,” and left the Commission free to decide in the dark.
CEC drafted the licence. The Court issued it. The Court owns this mess too.
#ResignCEC #InstrospectSupremeCourt
1/ECI’s software has centralised control to Delhi.
State electoral roll officers (ERO), who prepare voter lists at the assembly level has seen their powers dilute during the SIR
We first saw signs of this in Bengal. A @reporters_co thread
The Election Commission of India is under fire like never before.
The SIR has struck 13 crore names off draft rolls, putting the EC at the centre of intense public debate over its role in deciding who gets to vote — and who doesn’t.
HOWEVER, what nobody knew: through that same period, some of the sharpest questions were being asked from inside.
Out today, after months of work. Our #ExpressInvestigation 🧵
(1/10)
क्या देश के चुनाव आयोग को बीजेपी चला रही है? बीजेपी नेता राघव चड्ढा फ़र्ज़ी वोट भी बनवा रहा तो रातों रात बन जाता है। और आम जनता की वोट एप्लीकेशन पर एक महीने तक कुछ नहीं होता?
मतलब बीजेपी जिसका चाहे वोट जोड़े और जिसका चाहे काट दे?
An Election Commission that excluded 48 lakh voters, 33 % of electorate in Delhi in silence with no explanation is today putting out detailed press note on inclusion of ONE voter. Democracy is dead, killed by a criminal @ECISVEEP
Law and order in Delhi has gone to the dogs.
Delhi Police is too busy harassing students and assaulting journalists like Shaheen and Nafeesa, but has no time to prevent actual crime.
#JusticeforVikramChongtham
Glad to see you are concerned about how state governments can manipulate the SIR. I hope that you will raise this issue in Parliament, especially since similar allegations have been raised against BJP governments across India.
After all, you are now in a party with a difference.
Unbelievable
Raghav Chaddha might lose his Rajya Sabha because his vote got deleted in SIR.
And @IndianExpress reporter got a tip-off that Raghav Chadha’s name was being added in the back date in Delhi’s voter list.
When Indian Express asked this from ECI officials , this back channel process was immediately halted.
However , Mr Raj Kamal Jha, the editor of Indian Express used his veto to drop this main part of the story. This was a major allegation that it was being tried that his name gets added into voter list in the back date. And it’s a crime to do manipulation in sacrosanct voter list.
Mr @rajkamaljha Is this not a shame for the legacy of newspaper like Indian Express ?
Mr Anurag Kumar @CPDelhi@DelhiPolice ,
Informing an individual's family during interrogation or detention is a legal mandate, not an optional courtesy.
Yesterday, I was taken for interrogation after my morning walk under the assurance that it would take very little time. However, as the hours stretched on, my repeated requests to inform my wife of my whereabouts ,the concerned Police Officials/Officer simply stated they were "following instructions."
I was only permitted to make a call at 6:38 PM, leaving my family & friends in total panic the entire day.
I request that you issue clear instructions to all units directing officers to strictly uphold the legal duty of immediately informing the family of any person taken for interrogation , so that no citizen’s family has to endure the distress that mine suffered.
@GauravGupta_RE I love how Gurgaon manages to charge a fortune for homes while offering absolutely pathetic civic services. 😂
Just hoping the prices hold up till I leave Gurgaon; at least I should get some ROI for surviving all this. 😄
अगर ये देख कर और सुन कर भी आपकी आँखें नहीं खुलती हैं तो समझिए आपकी संवेदनाएं मर चुकी हैं
सवाल पूछने पर दो महिला पत्रकारों को पीट दिया गया, लाठी के निशान इन पत्रकारों के शरीर पर नहीं हमारे देश के लोकतंत्र पर हैं।
क्या मुख्यमंत्री से सवाल पूछना अब इतना बड़ा अपराध हो गया है कि पत्रकार को पुलिस बेरहमी से पीटेगी?
आज दिल्ली में 4PM की पत्रकार शाहीन के साथ जो हुआ, वह बेहद गंभीर और डराने वाला है.
शाहीन दिल्ली की मुख्यमंत्री रेखा गुप्ता से सवाल पूछने की कोशिश कर रही थीं. शाहीन का आरोप है कि इसी दौरान दिल्ली पुलिस ने उन्हें पकड़ लिया और मारते-पीटते थाने ले गई. उनका यह भी आरोप है कि जब पुलिसकर्मियों ने उनका नाम पूछा और नाम में ‘खान’ सुना, तो उनके साथ मारपीट और बढ़ गई.
अगर एक पत्रकार को सिर्फ इसलिए पीटा जाता है क्योंकि वह मुख्यमंत्री से सवाल पूछ रही है, तो यह मामला सिर्फ शाहीन या 4PM का नहीं है. यह देश की पूरी पत्रकारिता और प्रेस की आजादी का सवाल है.
पिछले दिनों 4PM ने दिल्ली सरकार और मुख्यमंत्री रेखा गुप्ता से जुड़े मामलों पर लगातार गंभीर सवाल उठाए और खबरें प्रकाशित की थीं. ऐसे में यह सवाल उठना स्वाभाविक है कि क्या आज की कार्रवाई का उन खबरों और सवालों से कोई संबंध है?
मुख्यमंत्री से सवाल पूछना अपराध कब से हो गया?
पत्रकार का सवाल सत्ता के लिए इतना खतरनाक कब से हो गया?
और किसी पत्रकार के नाम में ‘खान’ होना क्या उसके साथ मारपीट की वजह बन सकता है?
दिल्ली पुलिस और दिल्ली सरकार को इन सवालों का जवाब देना चाहिए.
हम मांग करते हैं कि पूरे घटनाक्रम की निष्पक्ष जांच हो. घटनास्थल और थाने के CCTV सहित उपलब्ध सभी वीडियो फुटेज तत्काल सुरक्षित किए जाएं. यदि किसी पुलिसकर्मी ने शाहीन के साथ मारपीट या उनकी धार्मिक पहचान के आधार पर दुर्व्यवहार किया है, तो उसके खिलाफ सख्त कार्रवाई हो.
4PM सवाल पूछता रहा है और सवाल पूछता रहेगा.
पुलिस की ताकत से पत्रकार की आवाज दबाई नहीं जा सकती.
#Shaheen #PressFreedom #DelhiPolice #RekhaGupta #4PMNews #JournalismIsNotACrime
#Imp: In today’s IE op-ed, Pratap Bhanu Mehta warns of even stronger repression of the Cockroach Janta Party and the youth movement by Prime Minister Modi’s regime because the youth has successfully shattered the carefully constructed and heavily greased "aura" around Modi and his govt. A wounded strongman, he predicts, will now work even harder to unleash the instruments of repression against the CJP and its supporters.
I had already said that, according to our sources within the establishment, an entire dirty-tricks department is working overtime to manipulate pictures, videos, chats, emails, etc. using AI, morphing, and even creating deepfakes to attack us. A tiny glimpse of this effort is already visible in the relentless attacks on our character, lives and relationships, going so far as to target my family and manufacture fake stories about my AAP donation, parentage, nationality and loads of other bullshit. We are not interested in dignifying these fake stories with our response. Our School Thik Karo campaign has brought the dire state of our education system into mainstream discussion and is having a major impact with states and media refocussing its energy on this issue. We continue to fully focus on this.
They are deeply mistaken if they believe any of this will make us cower. We have risen like the phoenix, and we are here to stay. You may attack one cockroach, but crores have emerged. And someday, those very crores will bring your arrogance crashing down. Be ready to dirty dance then.
ZEE टीवी के मालिक सुभाष चंद्रा में 'सुरख़ाब के पर' लगे हैं क्या भाई?
कर्ज था 22006 करोड़ का , चुकाया 6.5 करोड़ और कर्जमुक्त मुक्त हो गए ?
यानि कुल कर्ज का सिर्फ 0.03 फ़ीसदी चुकाकर फ्री हो गए ?
इसी देश में लाख - दो लाख के बकाये पर बैंक वाले रिकवरी एजेंट भेज देते हैं . कुर्की का ऑर्डर ले आते हैं और लाला जी पर ऐसी मेहरबानी?
NCLT में बैठे लोगों ने किसके कहने पर ये किया ?