Prohibit V.K.Sasikala, a convict to function as General Secretary of AIADMK - Also prohibit all the convicted who are holding as key office bearer positions in registered political parties all over India... Satta Panchayat sends 2nd representation to Election Commmision(First one was sent on 28-12-2016)
Representation sent to Election commission(English) in Attachment...
ஆசிரியர் அவர்களுக்கு,
குற்றவாளி சசிகலா - பதிவு செய்யப்பட்ட ஒரு அரசியல்
கட்சியின்(அதிமுக) பொதுச்செயலாளராக இருக்கத்
தகுதியற்றவர் என்று தேர்தல் ஆணையம்
அறிவிக்க வேண்டும் - சட்ட பஞ்சாயத்து இயக்கம் தேர்தல்
ஆணையத்திற்கு இரண்டாவது மனு...
ஆர்.கே.நகர் தேர்தலில் அதிமுகவின் அதிகாரப்பூர்வ
வேட்பாளருக்கு உரிய விண்ணப்பங்களை(FormA,FormB)
அளிப்பதற்கு சசிகலாவை அனுமதிக்கக் கூடாது.
இதுகுறித்து, சட்ட பஞ்சாயத்து இயக்கம் ஜனவரி 28,2016 அனுப்பிய மனுவை
உடனடியாகப் பரிசீலித்து தேர்தல் ஆணையம் நடவடிக்கை எடுக்கவேண்டும்
என்று கோரி 17-03-2017 அன்று சட்ட பஞ்சாயத்து இயக்கம் தேர்தல்
ஆணையத்திற்கு மீண்டும் மனு அனுப்பியுள்ளது. மனுவின் முழுவிவரம், 28-12-
2016 தேர்தல் ஆணையத்திற்கு அனுப்பிய அனுப்பிய மனு, ஆகியவை
இணைப்பில்..
செந்தில் ஆறுமுகம், மாநில பொதுச்செயலாளர்,
சட்ட பஞ்சாயத்து இயக்கம், 87545-80274, 87545-80270
17-03-2017
From:
Senthil Arumugam,
General Secretary, Satta Panchayt Iyakkam,
H42/3, West Avenue, Kamaraj Nagar, Thiruvanmiyur,
Chennai-600041
87545-80274, 87545-80270
To:
The Chief Election Commissioner,
Election Commission of India,
Nirvachan Sadan, Ashoka Road, New Delhi – 110001
Sir,
Sub: Prohibit V.K.Sasikala, a convict to function as General Secretary of AIADMK - Also prohibit all the convicted who are holding as key office bearer positions in registered political parties all over India
Ref: Our representation dated 28-12-2016 regarding the same subject (Attached)
From various orders of Election commission of India (ECI) and Supreme Court(SC) of India, we strongly believe that ECI and SC are against criminalization of politics.
About 20 years back Election commission of India passed an order(ECI No. 509/Disqln./97 - J.S.I Dated :28-08-1997) with the following lines,
"...... Subject: Criminalisation of Politics - participation of criminals in the electoral process ascandidates - disqualification on conviction for offences - effect of appeal and bail- regarding.
Whereas, the country is facing the serious problem of criminalisation of politics in which criminals, i.e., persons convicted by courts of law for certain offences, are entering intoelection fray and contesting as candidates"
Likewise, Supreme court of India in its Landmark Judgement ( Delivered by justices A K Patnaik and S J Mukhopadhaya on 10-08-2013) has struck down a section of Representation of the People Act that allows a convicted lawmaker to remain in office while there are still cases pending against them.
"….The only question is about the vires of section 8(4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction" , the Judgement says.
Having said that, we would like to bring to your attention about a case of CRIMINILAISATION of POLITICS in Tamilnadu.
J.Jayalalitha , the long time General Secretary of AIADMK and Ex.Chief minister of Tamilnadu passed away on 05-12-2016. On 29-12-2016 , V.K.Sasikala was appointed/nominated as General Secretary of AIADMK.
Meanwhile, on 14-02-2017 Judgment was pronounced with regard to Disproportionate Asset case(DA Case). As per the judgement, V.K.Sasikaa, a convict in DA case (A2 in the case where A1 was Ex.Chief Minister of Tamilnadu J.Jayalalitha) is serving her 4 year sentence in Bengaluru Jail.
The appointment/nomination of V.K.Sasikala as General Secretary is being disputed by a faction of leaders in AIADMK(citing the non adherence of bye-laws prescribed in party constitution) . Regarding this, a representation was given to ECI by AIADMK MP's. The issue is pending with ECI.
In this background, we would like to seek your immediate attention about our representation sent to you on 28-12-2016. Our representation seeks ECI's intervention to ensure convicted criminals are barred from holding key office bearer posts like General Secretary / President of any registered political party..
In Tamilnadu, AIADMK is the ruling party. As of now, V.K.Sasikala claims to be the General Secretary of AIADMK. Being a General Secretary of the party, she indirectly controls the functioning of the Tamilnadu Government.
For example, on 28-02-2017 a group of four senior ministers holding key positions in the Tamilnadu government met V.K.Sasikala in Bengalur jail where she is serving her sentence. Forest Minister C Sreenivasan, Cooperation Minister K Raju, School Education Minister K A Sengottaiyan and Food Minister R Kamaraj are the ministers who met her ( Indian Express Newspaper report dated 01-03-2017 is attached ). These kind of meeting will continue to happen in future. These kind of meetings by ministers raise the doubt that V.K.Sasikala, the General Secretary of AIADMK running the Tamilnadu Government even though she is behind bars.
There are many chances for V.K.Sasikala to give directions to ministers regarding Government .schemes. We wonder, how a convicted person can run the party ? All these are happening because of her being General Secretary of the Party. That's why, in our representation dated 28-12-2016, we have asked Election Commission of India to intervene and ensure that convicted person cannot hold key office bearer position like General Secretary and President.
Election commission orders and Supreme court Judgement refers to the disqualification of MLA's and MP's. But the spirit of the Judgement is about to stop "Criminalization of Politics" . There is a loophole in the Representation of People Act, where there is no direct prohibiting feature for convicted persons holding key positions in the party. Particularly when the convicted is a ruling party leader, then he/she gets a chance to run the Government indirectly. Kindly look into this and pass necessary orders to arrest the loophole.
As an immediate action, kindly announce that V.K.Sasikala cannot continue to be the General Secretary of AIADMK. Bye-election for R.K.Nagar Constituency in Tamilnadu is going to happen on 12-04-2017. Last date for filing nomination is 23-02-2017. Please ensure that a V.K.Sasikala, a convict should not sign in the Form-A,Form-B for the AIADMK candidates.
Your announcement regarding this will set precedence and will make a huge impact all over the country. It may be a landmark action/order from ECI against "Criminalization of Politics".
Sir, here is reproduce of the last paragraph of the Judgement given by supreme court on 14-02-2017 ( with regard to Disproportionate Asset case Judgement against J.Jayalalitha, V.K.Sasikala and 2 others)
"8. Every citizen has to be a partner in this sacrosanct mission, if we aspire for a stable, just and ideal social order as envisioned by our forefathers and fondly cherished by thenumerous self-effacing crusaders of a free and independent Bharat, pledging their countless sacrifices and selfless commitments for such cause." ( Page 569, CRIMINAL APPEAL NOS. 300-319 OF 201)
As said in Judgement We, Satta Panchayat Iyakkam a movement for "Good Governance" particularly fighting against corruption proposing this very needed order/amendment to stop "Criminalaisation of Politics". We expect, Election Commission will also play its role to be a partner in this "sacrosanct mission" against CORRUPTION and will pass necessary orders.
Thanks,
Senthil Arumugam
General secretary, Satta Panchayat Iyakkam,
87545-80274, 87545-80270
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