President’s Rule in Uttarakhand, massacre of Constitution

The norms and the principles laid down in the Constitution have been betrayed by the men who matter in the North & South Blocks, New Delhi. Uttarakhand episode shall be a living example how the mandate of the Constitution and rule of law has been hijacked by the South Block with an intention to grab power by hook or crook in a state governed by the political party other than the BJP. What happened in Uttarakhand governed by the Congress party needs an objective analysis by the legal Pundits who have been watching performance of the Modi government at the Centre.

Firstly, this is important to have a look into the composition of the political parties inside the Legislative Assembly of Uttarakhand. The Assembly has 70 elected Members. One MLA is nominated from the Anglo-Indian community in the State. The total number was 71. The Congress had 36 MLAs and naturally the government was run by the Congress Party under the leadership of Shri Harish Rawat, a veteran and honest leader of the party. The BJP’s masters in Delhi conspired to topple the government in the Himalayan States for the reasons to expand their RSS bases. Assam is going to the polls. Manipur is in trouble. Uttarakhand has faced the wrath of Modi rule in the Centre. Assembly elections were due after about 12 months in Uttarakhand but the BJP was in a hurry to topple Harish government so that the Assembly election could be held under Modi rule for the reasons which need not any explanation at this moment.

To implement Modi’s policy to dislodge secular governments in the States, it managed to buy 9 MLAs of the Congress Party with an intention to take over power in the Himalayan State where Panduvas ruled nearly 5000 years back. The first blunder which the leadership under Prime Minister Modi committed was an utter violation of the Defection Law. Nine MLAs could not be rescued under any imaginative stance of legal norms and the Defection Law. It was not a split. Not even 1/3rd MLAs could be bought or lured by the Modi power or money. Nine MLAs could not be defended under any legal norms or rule. It was only Modi rule that defended them. The Speaker of the Legislative Assembly, Mr. Govind SinghKunjwal was fully competent and absolutely empowered under the Defection Law enacted by the Parliament (applicable to the State of Uttarakhand except J&K) to expell the nine defecting MLAs from the Legislative Assembly. This Order of the Speaker could be challenged before High Court but there is no legal authority with the High Court to restore the status of the disqualified 9 MLAs.

The present status in the Assembly has to be viewed with clear spectrum of constitutional mandate. There are (71-9 MLAs = 62). The Chief Minister, Shri Harish Rawat needs 62/2 +1  = 32. The Governor had fixed floor test on March 28, 2016 to decide whether Shri Harish Rawat enjoyed the majority. One MLA is nominated from the Anglo-Indian community namely Mr. Russel Valentine Gardener who has no voting right which is settled rule in the business of Parliament. That shows that Shri Harish Rawat needed only 31 MLAs to prove his majority, in the Assembly. Shri Harish Rawat has 27 sitting MLAs and support of 6 other MLAs from small groups etc. Shri Harish Rawat therefore has on this day, 1stApril, 2016, 33 MLAs. The Speaker being the Presiding Officer holds the mandate to decide the issues within the Legislative Assembly in respect of the proceedings within the Assembly. This is settled law.

The legality of the declared to adjourn the Assembly session on 28th March was illegal and malafide, a Division Bench of the Uttarakhand High Court is not only under question but cannot be accepted by any measures or the scope of the Constitution. The High Court could not have deferred the floor test from March 28 to another day after a week. This Order of the High Court could not be justified by any stretch of the imagination as it violated the principles of natural justice, rule of law and even the credibility of the judicial standards. The Congress leaders had erred in the first instance to go to the High Court which is far away from Dehradun and located in a difficult terrain in Nainital. Secondly, the Congress legal barons should have consulted the leading men in profession like Shri K.Venugopal and Shri Ram Jethmalani. The Congress legal advisors failed to comprehend the situation which was being directly monitored by Shri Narendra Modi, the super man, in the Central government. This matter may come next week before the Supreme Court on a petition filed by Shri M.L. Sharma, Advocate which has questioned the Presidential Proclamation which was imposed in Uttarakhand. The Supreme Court may consider the issues which have emerged following the Uttarakhand episode. Yet the important point of law shall remain unanswered how Uttarakhand was placed under President’s Rule, once the Governor of the State had directed to hold Assembly session to give an opportunity to Shri Harish Rawat to prove his majority on March 28. S.R. Bommai’s decision of the Supreme Court of March 11, 1994 has been squeezed by a Division Bench of the High Court of Uttarakhand by overruling the decision of the Governor of the State to hold Assembly session on March 28. This is mockery of the law and betrayal of the mandate of the Constitution of India. Can Prime Minister Modi defend himself in the present case of Uttarakhand?

Vaishno Devi Tourists Service Tax insult to entire Hindu fraternity

Vaishno Devi Bhavan

Vaishno Devi Bhavan 

Prof.Bhim Singh, Chief Patron of National Panthers Party in a statement condemned the Service Tax of Hindu pilgrims travelling by helicopter for darshan of Mata Vaishno Devi and described it as much worst than ‘Jajia’ imposed by the Mughals on the Hindus during their rule. NPP Supremo said that India is a secular country and the minorities are treated with utmost respect and dignity. Even Constitution of India has guaranteed them fundamental rights to practice any religion. There could be no discrimination on the basis of religion. He said that this is a great tragedy that RSS became ruling partners in J&K for the first and last time. This ‘Jajia’ (Service Tax) could not have been imposed on the Hindu pilgrims without consent of the BJP (RSS) ministers in J&K.

NPP Supremo said that all the tourists including pilgrims have to pay all kind of taxes like Sale Tax, Purchase Tax and even Service Tax while purchasing tickets by Airlines or helicopters. Imposing Service Tax on the Vaishno Devi pilgrims travelling by helicopters within J&K is highly deplorable and cannot be accepted in a secular state. He asked Prime Minister Modi to explain it the country men why his government has insulted the Hindu pilgrims when the Hindus all over India voted for Modi for his ‘Hindutva’. Modi was given highly emotional reception by the Hindu citizens in USA, Kerala and all other countries wherever he went.

NPP Supremo asked Prime Minister Modi, Is it your response to your Hindu voters?  Is it not insult to the entire Hindu fraternity in India and abroad? Can Mr. Modi justify this ‘Jajiya’ on Vaishno Devi pilgrims? Prof.Bhim Singh further added that India’s secularism is demonstrated by the fact that our Muslim fraternity travelling by air from J&K to Mecca are given subsidy on the expenses of their travels including air tickets, which is a great gesture of secular India but he asked Prime Minister how could you justify this obnoxious tax (Jajiya) on Hindu travellers to Mata Vaishno Devi in J&K.

He called on the Panthers Party activists and the leaders to take up this movement to its logical end.                              

NPP Supremo urges Governor to declare J&K election null and void, hold afresh poll

Prof.Bhim Singh, Chief Patron of National Panthers Party and an expert on Electoral Laws has urged Shri N.N. Vohra, the Governor of J&K to use his extraordinary power conferred on him by the Constitution of J&K to declare the recently held election for J&K Assembly as null and void and issue a fresh Ordinance hold Assembly elections afresh in the interest of democracy, rule of law and to keep the faith of the electorates intact in democracy.

Prof.Bhim Singh said that there are several reasons to dismiss the recent polls;

i).       That the election was neither fair nor free as it was rigged by reprogramming the EVMs bought from public sector manufacturing units in Hyderabad without tenders.

ii).      That the EVMs were purchased exclusively for their use in J&K from Hyderabad and taken to Gujarat for preparing them to be rigged by manipulation. This matter was brought to the notice of the CEC who admitted that these EVMs were purchased from Hyderabad and processed in Ahmedabad.

In his queries dated 20th August, 2014, Prof.Bhim Singh had raised pertinent questions;         

1).      Why Gujarat manufacturers have been chosen for this purpose and that too for J&K which has a history of rigging elections and manipulation of EVMs? 15000 EVMs are being utilized for nearly 10,000 polling stations. 5000 extra EVMs could be utilized to manipulate the entire election.

2).      Who are these manufacturers/exporters of EVMs from Gujarat to J&K?

3).      Are the services of these Gujarat manufacturers are being utilized in other states like Maharashtra, Haryana and other during the forthcoming Assembly elections?

4).      Were these particular Gujarat manufacturers of EVMs were chosen/selected by a unilateral decision without inviting tenders as has been the policy to avoid corrupt practice?

5).      What is the guarantee that Gujarat EVMs shall not be misused or manipulated to rig polls to accomplish the dream of the Prime Minister to secure 44 + Assembly seats in J&K, knowing well that J&K has no appeal to the voters?

6).      The BJP in the normal times could not secure even one Assembly seat in 1983 when the JKNPP managed to get one seat against all odds created by the Congress Party.

7).      The JKNPP is strongly opposed to the use of EVMs at least in J&K so that the confidence and faith of the voters is not lost and the people could be involved in the democratic process in the state.

8).      The JKNPP would like to lodge its protest against the use of Gujarat made EVMs which have added fuel to the fire in the state as the rumour are high that these EVMs have already been charged/ rigged in favour of BJP candidates.

9).      This is high time that EVMs are dismantled from the electoral process as has been done by the most of the countries in the world. The EVMs have been adjudged as faulty and manipulative so dangerous for the largest democracy of the world.

iii).     The Election Commission of India admitted the facts but kept silence on the issue of purchase of EVMs without tenders.

iv).     That the results in the election have shown enormous variation of votes favouring BJP in Jammu Pradesh where BJP managed 25 out of 37 seats.

v).     Prof.Bhim Singh in his communication with the J&K Governor said that the percentage of voting pattern as shown in most of the constituencies situated on hills and jungles is unbelievable and impossible. This has been brought to the notice of Election Commission of India.

vi).     Finally no party has peoples mandate to form a government in J&K. Besides no two parties have the mandate to form a coalition government. For example National Conference stands for Greater Autonomy and PDP self rule as both of these slogans stand for the implementation of Dixon Plan to create an Islamic Republic of Greater Kashmir. On the other hand BJP claims to be a nationalist which stands for one Constitution, one flag and full integration with Union of India. Any combination shall be disastrous for the principles of natural justice, rule of law and democracy.

Prof.Bhim Singh has urged the Governor to exercise his power he has in his authority as a Governor of J&K to declare entire poll process as null and void. Impose Governor Rule in the state and hold election afresh under the supervision of all party Parliamentary Committee so that free and fair elections could be held in the interest of democracy and rule of law.

Prof.Bhim Singh said that this is also necessary in view of the judgment of the Supreme Court in Subramanium Swamy’s case dated 08.10.2013 where the court has held that ‘paper trail’ was an indispensable requirement of free and fair election. This election in J&K was held in defiance of this judgment. The court had held, “From the materials placed by both the sides, we are satisfied that the ‘paper trail’ is an indispensable requirement of free and fair elections. The confidence of the voters in the EVMs can be achieved only with the introduction of the ‘paper trail’. EVMs with VVPAT system ensure the accuracy of the voting system. With an intent to have fullest transparency in the system and to restore the confidence of the voters, it is necessary to set up EVMs with VVPAT system because vote is nothing but an act of expression which has immense importance in democratic system.”