[For the original letter, please see the attachment.

<<Over 145 retired civil service officers, military veterans and renowned
academics have come together to question the “procrastination, silence and
inaction” that characterised the Election Commission’s response to issues
thrown up during the recent general election.

“The 2019 General Elections appear to have been one of the least free and
fair elections that the country has had in the past three decades or so,”
64 former IAS, IFS, IPS and IRS officers said in an open letter to the
Election Commission. The letter has been endorsed by 83 veterans and
academics.

In a comprehensive exercise unmatched in recent memory, the letter
painstakingly lists almost every doubt that had been cast on the election
process over the past few months.

The letter refers to media reports and accepts “that not every media report
is accurate or true” but points out that “the ECI’s non-rebuttal of an
untrue or inaccurate story leaves the public to draw its own conclusion:
that the ECI has no valid explanation to offer”.>>]

https://www.telegraphindia.com/india/retired-officials-veterans-and-academics-remind-election-commission-of-transgressions/cid/1693681?fbclid=IwAR3Ibs3rArV3oZwIhvX0qyI2j7zXWqpL87Rv5YUy_2IwS_nUhvdR_ZMEd_s

Retired officials, veterans and academics remind Election Commission of
transgressions
Protest over alleged 'procrastination, silence and inaction' of the poll
panel during Lok Sabha elections

By Our Special Correspondent in New Delhi

Published 3.07.19, 6:18 AMUpdated 3.07.19, 6:56 AM
7 mins read

The Election Commission
Picture: Prem Singh

Over 145 retired civil service officers, military veterans and renowned
academics have come together to question the “procrastination, silence and
inaction” that characterised the Election Commission’s response to issues
thrown up during the recent general election.

“The 2019 General Elections appear to have been one of the least free and
fair elections that the country has had in the past three decades or so,”
64 former IAS, IFS, IPS and IRS officers said in an open letter to the
Election Commission. The letter has been endorsed by 83 veterans and
academics.

In a comprehensive exercise unmatched in recent memory, the letter
painstakingly lists almost every doubt that had been cast on the election
process over the past few months.

The letter refers to media reports and accepts “that not every media report
is accurate or true” but points out that “the ECI’s non-rebuttal of an
untrue or inaccurate story leaves the public to draw its own conclusion:
that the ECI has no valid explanation to offer”.

The letter, which came a day ahead of an Opposition-initiated
short-duration discussion in the Rajya Sabha on electoral reforms,
concludes: “Viewed in totality, there is no doubt that the mandate of 2019
has been thrown into serious doubt. The concerns raised are too central to
the well-being of our democracy for the ECI (Election Commission of India)
to leave unexplained.

“In the interests of ensuring that this never happens again, the ECI needs
to pro-actively issue public clarifications in respect of each of these
reported irregularities, and put in place steps to prevent such incidents
from occurring in future. This is essential to restore the people’s faith
in our electoral process.”

At one point, the letter quotes an article by an academic to say “it is not
our job as citizens to offer proof of wrong-doing of the highest
institutions of the land, when these institutions function in so opaque a
manner. It is our job to raise questions about visible anomalies. It is the
responsibility of the Election Commission to explain the anomalies”.

The open letter accomplishes another unsung task in an amnesiac age: it has
curated the transgressions and misgivings that have been whitewashed in an
avalanche of triumphalism.

The following edited excerpts list the key issues the letter seeks to raise:

Poll dates

The bias of the Election Commission towards one particular party became
evident from the date of announcement of the elections. The announcement
was delayed till March 10. This led to the reasonable doubt that the ECI
deliberately delayed the announcement to enable Prime Minister Narendra
Modi to complete the inauguration blitz of a slew of projects (157 of them)
that he had scheduled between February 8 and March 9.

Schedule

It was the longest election in the country’s history, and gave room for
suspicion that it had openly and unabashedly favoured the ruling party at
the Centre.

There was no apparent rationale to the number of polling days fixed for
different states. In states like Tamil Nadu (39 seats), Kerala (20), Andhra
Pradesh (25) and Telangana (17) where the BJP is weak and had no likelihood
of winning, the polling was held in a single phase.

In states with comparable or fewer Lok Sabha constituencies, such as
Karnataka (28), Madhya Pradesh (29), Rajasthan (25) and Odisha (21), where
the BJP faced tough competition or was likely to gain ground, the polling
was scheduled in multiple phases, possibly to give the Prime Minister more
time for campaigning.

Voter exclusion

Several reports were published in the media of large-scale voter exclusion,
with some reports suggesting that voters from certain minority groups were
the most affected. While we do not believe that these charges were
necessarily true, it was incumbent upon the ECI to investigate them and
respond promptly. Many voters who had exercised their mandates in earlier
elections found their names missing.

Model code

The blatant flouting of the model code of conduct by many candidates, in
particular the making of hate speeches and communally loaded statements by
candidates, primarily of the BJP, was initially blithely ignored by the ECI
on the plea that it had no powers to take action.

Only when pulled up by the Supreme Court did the ECI suddenly discover its
powers, even then exercising them selectively on the small fry and ignoring
the more egregious cases of violation by the Prime Minister and the BJP
party president.

Even the strongest action that it took, viz. the curtailing of the
campaigning in the last phase in West Bengal, was done in a manner so that
the PM’s campaign could be completed before the ban came into effect.

Its partisanship confirmed, the approach of the ECI further emboldened the
Prime Minister, (BJP president) Amit Shah and other party representatives.

Jingoism

The Prime Minister’s blatant misuse of the Pulwama and Balakot issues to
whip up nationalistic, or more correctly, jingoistic fervour and channel it
in favour of the BJP was another shocking violation of the MCC (model code
of conduct).

The Election Commission strangely did not even issue a showcause notice to
the PM for these repeated violations though the incidents were reported by
the state election commissioners and there was a divide within the ECI
itself on whether or not there was a breach of the MCC. The ECI ignored the
difference of opinion and merely dismissed the incidents.

PM chopper

The bias of the ECI was glaringly apparent in the case relating to Mohammed
Mohsin, the IAS officer who was sent to Odisha as a special election
observer. Mohsin was suspended for checking the PM’s helicopter for any
non-permissible cargo.

Niti role

A serious matter in which the ECI exonerated the government of wrongdoing
was the misuse of official machinery. The Niti Aayog had officially written
to the various Union territories and some districts in the country to
provide local information about the area since the PM was likely to visit
these places. This was done so that the information could be used in the
Prime Minister’s election campaigns. Even though this was a blatant
violation of the MCC, the EC merely dismissed the complaint.

NaMo TV

The refusal of the ECI to take note of the many media violations —
particularly by the ruling party — caused a great deal of concern to the
public. The most blatant violation of this was the opening of a new channel
called NaMo TV which continuously telecast speeches and events about the
Prime Minister Narendra Modi…. Even though the ECI ordered the channel to
be closed, NaMo TV continued to telecast almost until the end of the
elections.

Poll bonds

In terms of transparency of electoral funding, this election was the most
opaque ever, both because of the widespread use of electoral bonds, and
also because of the enormous amounts of cash, gold and drugs, amounting to
Rs 3,456 crore, which were seized during the polls.

While the ECI acted strongly in the matter of the seizure of cash in Tamil
Nadu, cancelling the polling in one parliamentary constituency, it has not
acted as strongly in other cases. Although Rs 1.8 crore was recovered from
the Arunachal CM’s convoy, there is no information of what action was taken
by the ECI on this clear violation of rule and norm. Where, one might ask,
was the level playing field?

EVMs

The use of electronic voting machines (EVMs) for polling has been a subject
of much controversy. Despite the ECI’s repeated statements that the EVMs
used in India are tamper-proof, doubts on that score have persisted,
particularly because the ECI has not been transparent in its responses to
various reports. There were widespread reports of a mismatch in the number
of EVMs manufactured by the two authorised PSUs and those in the inventory
of the ECI.

According to one media report, responses to an RTI query have revealed that
as many as 20 lakh EVMs that the manufacturers affirm having delivered to
the ECI were apparently not in the ECI’s possession. To queries about this
huge discrepancy, the ECI’s response has been a bland denial, leaving no
one any the wiser. Complete facts and figures need to be revealed for
public scrutiny.

People’s confidence in the EVMs would have been greater if the ECI had been
more cooperative about using the voter verifiable paper audit trail
(VVPATs) in a manner that would confirm the results of the EVMs, but from
the beginning, the ECI was extremely reluctant to match the number of votes
recorded in EVMs with the votes in the VVPAT machines on any significant
scale….

The ECI’s refusal to listen to, and accept, globally adopted statistical
tools to determine the number of VVPATs that need to be counted to rule out
any errors, or to lay down the steps that would have to be taken in case of
a mismatch between the EVM and VVPAT counts, has left a cloud of confusion
in the mind of the electorate.

Between the last day of polling and counting day, there were several
reports of unexplained movement of EVMs to and from the strong rooms in
various states. These movements have not been satisfactorily explained, and
the ECI’s bland denial, without explaining exactly which EVMs were being
transported, and why, does not inspire trust or confidence.

The request by a large number of parties to tally the EVM and VVPAT votes
at the beginning of counting day was also turned down by the ECI without
any specific reason. This was a simple request and would have satisfied
many of the political parties.

In fact, at every stage the ECI has refused to accommodate any request that
could bolster the confidence of the electorate that the elections were
conducted freely and fairly. Matching of five VVPATs as mandated by the SC
was relegated to the end of the counting process — so that few would remain
to watch the outcome. The result of this exercise is not quite clear from
the media reports.

Reports about… mismatch are being explained away as being insignificant,
since in almost all the cases, the victory margin (almost invariably of
candidates put up by the BJP or its allies) is far greater than the
discrepancy.

During the paper ballot days, discrepancies in counting used to be ignored
if they were too small to make a difference to the final result.

But that logic does not apply to VVPAT-based audit of EVMs. Here, even a
small discrepancy between the EVM count and the VVPAT in the chosen sample
of EVMs, and a small discrepancy between the EVM count and the votes polled
in a polling booth as reported by the presiding officer in Form 17C at the
end of the polling day are very serious matters and are symptomatic of a
greater malaise….

Accepting this argument is akin to an accountant saying that in a balance
sheet of crores, an un-reconciled few hundred rupees do not matter, and the
accounts should be accepted. When we are using electronic systems, even a
discrepancy of one vote throws the entire election into doubt.

Among those named as signatories to the letter are former IAS officers
Wajahat Habibullah, Harsh Mander, Aruna Roy, Jawhar Sircar, N.C. Saxena and
Abhijit Sengupta and former IFS officers Deb Mukharji and Shiv Shankar
Mukherjee.

Among those named as endorsers are Admiral L. Ramdas, Admiral Vishnu
Bhagwat, Nivedita Menon, Probal Dasgupta, Paranjoy Guha Thakurta and Leela
Samson.

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Peace Is Doable

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