No PC/FVR/18/09                                                   Dated 09 Oct 2018.

To,

            Parliamentary of India,

            Rajya Sabha Secretariat, Parliamentary Standing Committee on Public Grievances;

            New Delhi, 110001.

PUBLIC COMPLAINT.

ELECTIONS ANNOUNCED IN 5 STATES – NOT LIKELY TO BE FREE & FAIR SINCE FOOLROOF REGISTRATION SYSTEM FOR MILITARY & PARA-MILITARY FORCES AT PLACE OF SERVICE – NOT EVOLVED, WHEN ONLY THOSE LISTED IN ELECTORAL ROLLS HAVE RIGHT TO VOTE.

Sir,

            Ref your No RS.7/1/2006-P&L dated 5 Dec 2006 to Ministry of Personnel & Public Grievances & Pension, Sardar Patel Bhavan, New Delhi & Adjutant General Branch letter No B/25222/AG/PS-2C of 16/17 Nov 2007 & No 34891/EC/MP-8 (I of R)(ADP) of 15 May 2018 with a copy to undersigned.

2. Only those registered in Electoral Rolls have Right to Vote – Section 62 of RP Act 1951. No ERO nominated for Military Stations till date, amounts to breach of Official Duty in connection with preparation of Electoral Rolls – punishable with imprisonment / fine / both, under Section 32 of RP Act 1950 overlooked by ECI/MoD. CEOs of 62XCBs nominated as EROs, illegally directed not to enumerate Soldiers residing in such Cantonments, amounting to breach of Right to Equality to those who protect sovereignty & integrity of India at any cost.

3. Election Nodal Officers nominated instead of EROs for Military Stations, overlooking RP Act / Rules. Ignorance, exploited to facilitate Politicians, hence FIRs against Stone Palters withdrawn by CM J&K, not objected by COAS / GOC-in-C responsible to protect interest of innocent Soldiers. However good the Election Law may be; if badly executed, it is no good. AIR 1971 SC 2123; ruled Right to be Registered at place of Service, cannot be taken away, if residing there – case pertaining to Naga Land but Adjutant  General illegally issued SAO 16/S/72 that AFs entitled to be registered at home town, not objected by MoD/ECI, facilitating Politicians, who started getting better wages.

4. Section 20(7) of RP Act 1950; ‘if in any case a question arises as to where a person is ‘Ordinarily Resident’, at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Centre Govt. in consultation with ECI. RP Act 1950 – the meaning of ‘service qualification’, under Section 20(8) of RP Act 1950 is – being a person who is employed under the Govt. of India, in a post outside India, read in conjunction with sub-sections 20(3) – is deemed to be ‘ordinarily resident’ on any date in the constituency in which, but for his having such ‘service qualification’, he would have been ‘ordinarily resident’ on that date.All Govt. Servants employed in India are deemed to be ‘ordinarily residents’ at their place of posting, without any option of availing the facility of “fictional domicile”, hence wrongly applied to AFs only.

5. Amendment Act 2/56 – Section 20(8)(a)&(b) were added – ‘Service Qualification’ was made applicable / extended to those AFs personnel posted abroad, in the light of Section 20(3).  EC a single service commission, applied ‘Service Qualification’ to Soldiers posted in India, amounting to gross misuse of authority, with the intension of illegally neutralizing ‘apolitical vote bank of AFs’ – not objected by RM / COAS suiting convenience of Politicians. Under the Act/Rules, there is no term called “Service Voter’; coined by MoD, to confuse innocent Soldiers – Chapter X of DSR 1960’.

6. Registration of Electors Rules 1960 – under Rule 7(3) – Statement under Section 20 of RP Act 1950 shall cease to be valid when the person making it ceases to hold declared office or, as the case may be, have a ‘service qualification’.It implies AFs personnel like other Govt. Servants, on posting back to India, cease to have ‘service qualification’ but MoD/ECI continues to apply ‘Service Qualification’ to those posted in India, since no Military Officers is posted to ECI / MoD.

 

7. Law & Order a State Subject hence, Forces deployed to maintain Law & Order (Naga Land/J&K) supposed to be working for State Govt., hence have a similar right to be registered at their place of service, as applicable to that State Govt. employs upheld under AIR 1971 SC 2123.

8. Amendment Act 33/64 – Home Ministry recommended Postal Ballot for Para Military Forces, based on the premise; it is permitted to AFs – Section 20 (8) (c) was added – being a member of an Armed Police Force of a State, who is serving outside that State or (d) being a person who is employed under the Govt. of India, in a post outside India, ignoring‘Service Qualification’ is demitted on posting back to India under Rule 7(3) Registration of Rules 1960. Amendment Act 33/64 could not have been passed by the Parliament, if ECI had interpreted Registration Rules 1960 correctly. 

9. Amendment Act 47/66 – ECI proposed omitting of words when posted abroad from Section 20 (3), with the mischievous intention of covering-up the corrupt practice of applying‘Service qualification’ to those posted in India since 1952, amounting to lack of professional integrity. 

10. AIR 1971 SC 2123 – Assam Rifles personals & their family members posted at Wokha – Naga Land registered, at place of posting – challenged by the Candidate, who lost elections.  SC ruled ‘the statutory fiction is intended to confer the right to be registered as electors at their home town or village but the fiction cannot take away the right of person possessing service qualification to get registered at a constituency in which they are ordinarily residing though such place happens to be their place of service’.Adjutant General misused authority issued SAO 16/S/72 – AFs can vote only through Postal Ballot, overreaching SC ruling. Military Pension reduced from 70% to 50% compensation for early retirement & Civil Pension increased from 33% to 50% after full service, without fear of electoral loss.

11. AIR 1984 SC 921 – EC cannot override RP Act / Rules.ECI continues to overlook Rule 7(3) by applying ‘service qualification’ to those posted in India, when it ceases on posting back to India for other services amounting to discrimination not objected by COAS/Adjutant General facilitating Politicians. 

12. Army Order 15/95 (EC letter of 20 Mar 1995) – EC diluted/changed the Supreme Court ruling that – Soldiers & their Family Members staying with them, can vote at place of posting (instead of they have a right to be registered), if they don’t want to avail the facility of Postal Ballot amounting to overreaching the Supreme Court when ECI is executing agency without powers to frame Rules.

13. Army Order 15/95 stipulates, AFs can get themselves registered during house-to-house enumeration never conducted by ECI for Military areas, amounting to derelict performance of election duty not objected by Station Commanders. Intensive revision in Punjab in progress except Military Areas not objected by Commanders / Secy. RSB Punjab to facilitate Politicians.

14. Parliamentary Committee on Grievances – letter of 5 Dec 2006, desired foolproof system of registration for Soldiers be evolved, which requires sensitizing innocent Soldiers about their Constitutional Right to be Registered at their place of posting & the Postal Ballot only when posted abroad, by nominating dedicated EROs – not done amounting to disrespect to the Parliament.

15. On the contrary – EC under Hand Book – 2008 – debarred EROs to enumerate Armed Forces & family members during intensive / summery revision of rolls, amounting to looking Tokyo talking London. The Center Commandants rightly register those posted abroad for Postal Ballot but also illegally register those posted in India for Postal Ballot without logic overlooked by ECI under lame excuse authenticated by another Commissioned Officer.

16. EC under letter dated 28 Dec 2008 desired Chief Electoral Officers of all States to increase numbers for the Postal Ballot when no Gazetted Officer is supposed to influence elections. CEOs of all States blindly followed instructions of the EC – increased numbers for the Postal Ballot for those posted in India, amounts to unduly influencing elections – rigging of elections / discrimination against Soldiers; a separate class of people promoting enmity between Classes in connection with Elections Section 125 of RP Act 1951. ECintentionally didn’t apply election law, in respect of Forces for the last 68 years & there is no hope of justice, till Multi Service ECI is not constituted.

17. CWP 3775/2009 filed at Chandigarh High Court by Brig HS Ghuman, SC, Retd, & others for not enumerating Soldiers at their place of posting in India, when those registered in Naga Land during 1967 elections defended by ECI – AIR 1971 SC 2123 which should have been filed by Secy. Defence / COAS if they had any respect for the Election Law of the Land.

18. CEC of India knows14.5 Lakh Soldiers & their family members posted in India illegally registered for E-postal Ballot overlooked by COAS amounts to indulging in Politics. Need exists to post Military Officers to ECI & State CEOs to protect democratic right of Military Forces.    

19. Elections announced by CEC of India for 5 States (Chhattisgarh, MP, Mizoram, Rajasthan & Talangana) will not be free & fair since Military & Para-military Forces deployed in these States to maintain Law & Order as also to protect sovereignty of India, at any cost, not registered at place of service, overlooking AIR 1971 SC 2123 defended by  ECI. Need exists to constitute Multi Service ECI to protect democratic right of Soldiers.

Brig. HS Ghuman, SC, Retd.

President AIVCG NGO Registered.

Copy to; RM, ECI, COAS, Adjutant General, COR Punjab Regt, RSB Punjab, KSB New Delhi, RSB Punjab.