No reservation in taking anti-BJP parties' help on EVM issue: Mayawati

April 14, 2017

Lucknow, Apr 14: BSP supremo Mayawati today said she has no reservations in shaking hands with other parties in her struggle against the BJP on the issue of EVM tampering in the recent Assembly elections in Uttar Pradesh and Uttarakhand. "The BSP now has no reservations in taking the help of anti-BJP parties in its fight against EVM tampering and the BJP as it is the democracy which comes first...we have to keep democracy alive," she said while addressing an Ambedkar anniversary function of the party here.

Mayawati
Addressing the first programme of the BSP after a dismal show in the recent Assembly elections, Mayawati, in a major announcement, also appointed her brother Anand Kumar as party's vice president. "I announce my brother Anand Kumar as the party's national vice president with the condition that he will never become MP, MLA, minister of chief minister," she said.

Speaking for the first time before her party workers on her medical condition which she said has forced her to read written texts, she said she lost one of her glands in 1996. "One of the two glands in my throat was removed by doctors in an operation and so I cannot stress my throat too much," Mayawati said.

The BSP chief who has been under fire following a recent decision of the Yogi Adityanath government to order probe into sale of sugar mills and construction of memorials under her government, she said, "I'm being targetted under a conspiracy so that I stop speaking on the EVM issue tampering by BJP."

"It is being shown as if I'm responsible whereas I have never held either of the departments....the sugar department was headed by Naseemuddin... all decisions were taken by the cabinet", she said.

Adityanath has ordered an inquiry into the Mayawati-led BSP government's decision to sell 21 state sugar mills for a song in 2010-2011. "A thorough inquiry should be conducted into the Rs 1,100 crore scam. If necessary, the state government would also recommend a CBI inquiry into the issue," the chief minister had said when presentations about sugarcane development department were made before him last week.

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March 18,2024

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New Delhi, Mar 18: The Election Commission on Monday afternoon issued orders for the removal of six Home Secretaries - including the top bureaucrats from Gujarat, Bihar, and Uttar Pradesh.

The poll panel also directed the transfer of West Bengal's Director-General of Police, the top cop of a state that has seen several instances of poll-related violence in recent years. The poll panel further said a shortlist of three potential replacements had to be prepared and submitted by 5 pm.

The re-shuffle, not an uncommon move by the Election Commission before major polls, also includes the transfer of the Jharkhand, Himachal Pradesh, and Uttarakhand Home Secretaries, as well as senior officials attached to the offices of the Mizoram and Himachal Pradesh Chief Ministers.

In addition, Iqbal Singh Chahal, who is Commissioner of the Brihanmumbai Municipal Corporation, and other officials in municipalities across Maharashtra, have been removed too.

All of this comes less than a month before the 2024 Lok Sabha poll; the ECI on Saturday said voting will begin on April 19 and run over seven phases till June 1.

This is, in fact, the first bureaucratic re-jig by the ECI since it announced polling dates.

The ECI's move comes after a meeting of Chief Election Commissioner Rajiv Kumar and his two associates, the newly-appointed Gyanesh Kumar and Sukhbir Singh Sandhu. This step comes as part of the poll panel's commitment to ensure a level playing field for all political parties in the forthcoming Lok Sabha and Assembly elections, as well as by-polls for 26 seats in 13 states.

Sources said the personnel removed were found to be holding dual charge in the offices of the respective chief ministers of each state, and this could compromise, or be seen to be compromising, required neutrality, particularly in relation to law-and-order before, during and after polling.

Bengal's ruling Trinamool has not yet reacted to the removal of DGP Rajiv Malik, who is seen by some to be close to Chief Minister Mamata Banerjee's party. In the past, the state government has questioned the last-minute re-shuffle of senior civil service and police officials so close to an election, arguing it actually hampers prep work since the new faces need time to adjust to the post.

Bengal has frequently witnessed violence during polling season; in June last year over a dozen people were killed across the state as voting for a panchayat election was underway.

The Trinamool accused the opposition of instigating violence and criticised central forces for their failure to protect voters, while the Congress claimed the state had let thugs loose on the people.

While announcing the dates on Saturday, the Chief Election Commissioner said the poll panel would take a very dim view of any violence during the election. Mr Kumar said the ECI is prepared to come down hard on any such incident. "We're putting political parties on notice," he declared.

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March 17,2024

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New Delhi: The Election Commission on Sunday made public fresh data on electoral bonds, which it had submitted in sealed covers to the Supreme Court and was later asked to put it in public domain.

These details are believed to be pertaining to the period before April 12, 2019. Electoral bond details after this date was made public by the poll panel last week.

The BJP encashed electoral bonds totalling Rs 6,986.5 crore; maximum Rs 2,555 crore received in 2019-20, as per the EC data.

The Trinamool Congress received Rs 1,397 crore through electoral bonds, second largest recipient after BJP, as per the EC data.

On the other hand, the Congress redeemed a total of Rs 1,334.35 crore through electoral bonds.

DMK received Rs 656.5 crore through electoral bonds, including Rs 509 crore from lottery king Santiago Martin's Future Gaming.

BJD encashed electoral bonds worth Rs 944.5 crore, YSR Congress Rs 442.8 crore, TDP Rs 181.35 crore.

Political parties had filed data on electoral bonds in sealed cover as directed by the Supreme Court's interim order dated April 12, 2019, the poll panel said in a statement.

"Data so received from political parties was deposited in the Supreme Court without opening sealed covers. In pursuance of the Supreme Court's order dated March 15, 2024, the Registry of the Supreme Court has returned physical copies along with a digitized record of the same in a pen drive in sealed cover. The Election Commission of India has today uploaded the data received in the digitized form from the registry of the Supreme Court on electoral bonds on its website," EC said.

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March 22,2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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