Voters Party Bharat Gandhi 20.03.2011
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Transcript of Voters Party Bharat Gandhi 20.03.2011
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LIST OF DATES & EVENTS
DATES EVENTS
12.01.1994: In 1994 a non-political Association in the name of National
Foundation for Education and Research (NAFER in short)
was formed and registered under Society Registration Act,
1860 at Allahabad.
23.03.2003: A wing of NAFER named Voters Party was formed as a
non-political Association in 2003 at Meerut, Uttar Pradesh.
The aims and objectives of Voters Party was to educate the
Voters of India for their Fundamental and Democratically
Right. Since Voters Party became an organization,
evolving very competent system of Education but due to
need of approval of Parliament and State Assemblies. The
system is still waiting for Legal Rectification.
NAFER recommended the Union Government to make uniformity
between the syllabus of Universities and various examining
bodies, who runs the various competitive examination.
NAFER also recommended a new Finance Circulatory System to
educate the people, qualitatively and quantitatively. NAFER
also given the new system of certification and illegally
assessment.
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2007: Under Rule 168 of Rules and Procedure of Conduct of Business
of Lok Sabha, 112 MPs of Lok Sabha had filed a petition to
the Honble Speaker of Lok Sabha and requested to Act in
favour of prayer as made in the said petition.
2008: The similar petition was also filed by 250 members of Rajya
Sabha before the Honble Vice President of India / Honble
Chairman of Rajya Sabha.
Both the petitioners are still under consideration by various
standing committee of the Parliament in the same year 33
MPs of Lok Sabha also gave notice under Rule 193 of
Rules and Procedure of Conduct of Business of Lok Sabha
to the speaker and demanded detail on those issue.
6.5.2008: The debate on demand of said 33 MPs was assured by the
Honble Speaker but one day before on 5.5.2008 the
Session of Lok Sabha was san de and the debate was
derailed.
The said issue was not taken for debate in the next session of the
Lok Sabha despite all the efforts of MPs.
In such circumstances inculcated the mistress among the
leadership of big political parties and the Members of the
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FEFM and Voters Pension Party concluded to contest direct
Elections and submit their findings before the Electorate.
It was also decided that the name of Voters Pension Party should
be amended.
..: That the name of Voters Pension Party was therefore changed as
VOTERS PARTY in December 2008. The manifesto of
the Party was declared and some followers of the Voters
Party contested Lok Sabha Election in April 2009. The
Experiences came that all the contestants were treated as
Independent Candidates by the Election Commission of
India.
This event of Parliament and the behavior of Core leaders of big
Political Parties avoid the members who were working since
last 10 years for the political reforms and for Parliamentary
approval of Fundamental Economical Right of the Voters.
Members therefore reached in the conclusion that the wide
separate Poverty is not the output of mental and physical
weakness of the poor people but the poor people are
reserved to work against nominal earning just for their
bread and butter which is nothing but slavery. Such
practice is stringently maintained by (various) Laws,
traditions and assumption of the Governance. Such
superstitions could never be able to eliminate even after
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1000 years. It is also concluded by the members that a big
part of lower level cadre of about every big political parties
including MPs and M.L.As are ready to favour the findings
of the NAFER, but the core leaders of the big parties are
not ready to even listen and talk on the issue of Political
reforms. Neither they are ready for discuss on this issue
within their party nor they are ready to permit there MPs
and MLAs for debate on the floor of the Parliament.
Members of the Association were bound to form a new
Political Party at this stage, when all the ways are looked
closed.
October 2009: The Election Commission asked whether the Voters
Party is registered body or not. The petitioner replied
that Voters Party was functioning under social
organization named NAFER, which is a Registered
Society. The petitioner expected by the Commission
that the Commission will not register the said name, if
the Voters Party is proved to be a registered body.
13.12.2009: That some members of the NAFER and FEFM and Voters
Party therefore dissolved the running Voters Party, formally
known as Voters Pension Party on 13.12.2009 and
constructed a draft a competent Constitution of a new
Political Party and also wanted to register the said Party
with Election Commission of India.
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The said New Committee therefore, drafted the New Constitution
of the New Political Party and applied before Election
Commission of India on 1.1.2010 the Committee also
decided that the name of the New Political Party must be
the same as Voters Party to avoid any confusion amongst
its members followers and supporters who were already
working and supporting the issue of Political Reforms under
the banner of non-political organization and Voters Pension
Party as well as Voters Party.
13.03.2010: An objection was filed by Election Commission of India for
not registering VOTERS PARTY in the name of anybody
also except the petitioner as the petitioner are to know that
someone has applied for Registration of Political Party in
the name of Voters Party with a malafide intention of
using the reputation, goodwill and public support of the
petitioner Organization as well as misuse the name of
Voters Party. In such case the petitioner can be
blackmailing. The petitioner also annexed supporting
documents regarding existence and activities of Voters
Party for the period of last several years.
The petitioner organization also realized that the
Association of Voters Party shall be registered as a
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Political Party with the Election Commission of India to
protect the name, Voters Party and its ideologies from
misusing by others.
That NEFAR therefore dissolved its Political Education
Wing named Voters Party and suggested those members
to form a Political Party and get it registered with the
Election Commission of India. The name of said Political
Party anonymously selected as Voters Party. Since
Voters Party became a Political Party independently.
That the petitioner applied for registration of said political
party named Voters Party duly annexed the required
documents like Voters Card and affidavits of 100 members
of different States along with its Constitution and fees as
per section.
That Election Commission of India raised objection to
register Voters Party will this misconception that the party
has already been existing for the period of more than 30
days hence it can not be registered with the commission as
a Political Party under Rule.
The Election ought to have consider that the Constitution of
Voters Party was formed on 1.1.2010, which was clearly
mentioned and annexed with the application for Registration
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of Voters Party prior to 1.1.2010 it is a social organization
working and functioning as a wing of a Registered Society
named NAFER. There was no independent constitution.
[ABOVE LIST OF DATED NOT YET CORRECTED]
MAKE IT FINAL
IN THE HIGH COURT OF DELHI AT NEW DELHI
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WRIT PETITION (CIVIL) NO.__________OF 2011
In the matter of:
VOTERS PARTYThrough: Secretary General, Sh. Asit Kumar Roy289, Patiala House, New Delhi 110001. . PETITIONER
VERSUS
1. ELECTION COMMISSION OF INDIAThrough its SecretaryNirvachan Sadan,Ashoka Road,New Delhi.
2. VOTERS PARTY [Regd.]Through Its Gen. Secretary
..
. RESPONDENTS
PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF
INDIA IN FOR ISSUE OF A WRIT, ORDER[S], DIRECTION[S]
THE NATURE OF MANDAMUS, DIRECTING THE
RESPONDENT TO REGISTER THE PETITIONERS
ORGANISATION VOTERS PARTY AS A POLITICAL PARTY
UNDER SUB SECTION (4) SECTION 29A OF
REPRESENTATION OF THE PEOPLE ACT 1951
AND
FOR A DIRECTION, ORDER OR WRIT OD MANDAMUS,DIRECTING THE RESPONDENT NO.1 TO CANCEL THE
REGISTRATION OF SO CALLED VOTERS PARTY WHICH IS
ALREADY REGISTERED IN FAVOUR OF A BOGUS
ORGANISATION, [RESPONDENT NO.2 HEREIN]
AND/OR
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FOR A DIRECTION, ORDER OR WRIT OF MANDAMUS,
DIRECTING THE RESPONDENT NO.1 TO REMOVE THE
PROVISION THAT AN APPLICATION FOR REGISTRATION OF
A POLITICAL PARTY SHOULD BE MADE WITHIN THE PERIOD
OF 30 DAYS NEXT FOLLOWING FROM THE DATE OF
FORMATION OF THE SAID PARTY.
AND/OR
ANY FURTHER ORDER[S] DIRECTION[S] IN FAVOUR OF THE
PETITIONER WHICH THIS HONBLE COURT DIM FIT AND
PROPER IN THE FACTS AND CIRCUMSTANCES OF THE
CASE AND INTEREST OF JUSTICE.
MOST RESPECTFULLY SHOWETH:
1. That the Petitioner, the original organization, applied for
registration of Voters Party as a political Party before the
Respondent No.1, Election Commission of India, which was
later on rejected with the ground that the Petitioner had not
applied for registration within the time of 30 days from the date
of its foundation. During correspondence, the Petitioner came
to know that the name Voters Party was registered in favour
of Respondent No.2, a new and bogus organization.
Therefore, by the way of this petition the petitioner is
challenging the letter of the respondent vides No.
56/34/2010/PPS-I/517 dtd. 22.07.2010 whereby the
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respondent has refused to register the petitioner as a political
party. The effective part of the said letter is to read as under:
you have claimed that your party was
a non-political association and you have formed
it as Political party on 01.01.2010. You have
further stated that many candidates contested
the election with the name of (Voters Party), the
wing of NEFAR and that since it was not apolitical party, these candidates were treated as
independent. Your statement is still
contradictory as on one side you are claiming
that the party was formed on 01.01.2010 and on
the other hand you stated that many candidates
contested the election under this name, prior to
formation of this party. It is evident from above
that your party was not formed on 01.01.2010
but on some earlier date. Since your application
is not make within a period of 30 days next
following the date of formation. Your
application is rightly treated as time barred.
2. That the Petitioner also challenged the action, omission and
commission of the Respondent No.1 whereby the Respondent
No.1 illegally registered Voters Party in favour of Respondent
No.2, a bogus organization, despite several objections of the
Petitioner and knowingly that the petitioner is the original, old and
parent organization of the Voters Party.
HISTORY OF VOTERS PARTY
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3. That on 12.01.1994 a non-political Association in the name of
National Foundation for Education and Research (NAFER in
short) was formed under the leadership of one Bharat Gandhi and
registered under Society Registration Act 1860 at Allahabad.
Copy of Registration Certificate is annexed herewith as
ANNEXURE-P-1 page -
4. That on 23.03.2003 Voters Pension Party was formed as a non-
political Association in 2003 under the leadership of Bharat
Gandhi at Meerut by Committee of aforementioned organization,
NAFER. The Aim and Objects of Voters Pension Party was to
educate the Voters of India for their Fundamental and
Democratically Right. This organization evolved very competent
system of Education but due to need of approval of Parliament
and State Assemblies. The system is still waiting for Legal
Rectification. This organization [Voters Pension Party of NAFER]
recommended the Union Government to make uniformity between
the syllabus of Universities and various examining bodies, who
runs the various competitive examination. This organization
[Voters Pension Party of NAFER] also recommended a new
Finance Circulatory System to educate the people, qualitatively
and quantitatively. This organization [Voters Pension Party of
NAFER] also given the new system of certification and illegally
assessment.
Another main issue of Voters Pension Party was to provide
Pension to Voters of India [every citizen of India], which is called
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Votership. Education can not be provided to the poor people
until they have food to survive. This is an economical rights from
the Government to each and every citizen. In is important to
mention herein the concept of Votership. Hundreds of
movements, activities were going on under the leadership of Mr.
Bharat Gandhi for each and every citizen with the following aims
and objectives:
Concept of Votership (Main Points)
A. That, Votership is a newly coined word like
scholarship to denote a part of GDP and a part of per
capita income in form of cash to be received regularly
by every voter as his or her birthright.
B. That, petitioners define Votership (in HindiMatadatavritti) as a part of per capita production and
as a part of per capita income of Union of India, to be
received regularly in form of cash by each and every
voter who is enrolled on electoral roll prepared by
Election Commission of India for the elections of Lok
Sabha, by ATM cash card or by any other similar
transparent means, as their share in gross national
inherited wealth and in the collective wealth
produced by collective enterprise of voters, as a
mechanism-
to enhance the dignity of work of individual in
place of the dignity of birth status;
to compensate citizens who are suffering from
the world consumers, world traders and from
the policies of World Trade Organization, WTO;
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to create fifth pillar in the building of democracy
adopting the new structure of power and of laws
based on the principles of economic democracy
and vertical separation of power;
to provide opportunity for full exposure of
inherent shape, size and nature of society and
full development of inherent physical, mental
and spiritual strength of individual;
to connect each and every voter with the level
of prosperity of the nation;
to make fundamental right of all the voters- the
social security, the economic human right, the
right to live with dignity and the share in
average collective property.
C. That, this petition submits conception of third
category of property termed as collective property
besides the prevalent notions in economic system of
private property and public property and deems
thereon the ownership of voters. It is proposed by the
petitioners that this property should be regularly
distributed to each and every voter in form of cash
through their bank accounts.
D. That, it is experienced that only poor section (below
than average income) of society take active part in
the elections with interest. It is apparent that thissection plays more than 80% role in constituting the
parliament by voting in the elections. In fact the
parliament is mainly constituted by this section of the
society. Parliament produces Prime Minister.
Ministries and many institutions including Reserve
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Bank of India are created by the Prime Minister. RBI
produces currency notes and regulates banking
network. These all institutions evolve such a politico-
economic system by which big capital attracts
smaller capital like a magnet. This system increases
trench between rich and poor. It is proved by the
analysis that if these institutions were not being in
existence, the fast capital formation and
concentration of capital in richer section of society
was not possible. Hence, it could not be denied that
there is a big role of parliament in private earning of
rich people. The share of parliament in the private
earning is neither recognized nor calculated so far.
Petitioners pray by this petition to recognize this
share and return back to voters who are mainly
responsible to constitute the parliament. In fact this
share of voter is termed Votership in this petition
and gross domestic share of parliament in private
earning is termed collective income of the country.
E. That this petition prays for distribution to all voters ina transparent manner, the collective wealth of the
country by means of A.T.M. cash card relating to their
respective accounts opened by the state in the
Reserve Bank of India.
F. That, this petition proposes unequal distribution of
the manual share and proposes equal distribution of
the share of machines in the GDP among citizens on
the basis of values of capitalism and values of
communism respectively.
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G. That, this petition does not make distinction between
the voters on the basis of richness and poverty with a
view to minimize the possibilities of corruption in
distribution of collective wealth and so petition
proposes distribution of Votership to all voters not
only to the poor. But such distinction is made on the
basis of richness and poverty on account of different
capacities in payment of taxes for Votership. So that
justice is done and rationality could take place.
H. That, this petition deems it necessary for the purpose
of distributive justice, that every year in Economic
Survey of India it should be published as to what
percentage is the share of men and of machines in
GDP.
I. That, this petition demands that out of collective
property of the union, the Union Government make
available to each voter his respective share; so that
in the present age of globalization, common world
market and uncontrolled unemployment eachworkman may get opportunity to bargain about his
individual labor. So that every workman becomes
free from the compulsion to reduce cost of his labor
out of being blackmailed by hunger. And so that it
may become possible for rate of labor to be raised to
such a level that every workman gets his share out of
the prosperity of the country and every citizen get
connected with the level of economic wealth of the
country.
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J. That, this petition is submitted under various rules of
chapter -10 of the Rules of Procedure and Conduct of
Business in the Council of States by not only one or
two but about 23 members of Council of States. Thus
it is extra ordinary and non-traditional petition, in
special context of the subject matter.
K. That, for controlling the pain of economic
discrimination perpetuated by the government
among the citizens on basis of birth and same is
increasing day by day in the current age of common
world market; i.e. globalization of market; recognizing
right to get Votership has become indispensable to
safeguard the lives of voters.
L. That, this petition believes that developments are
only means to solve the problems of humanity.
Petition also believes that a portion of taxes should
reach each and every adult citizen who is object of
the developmental activities. This petition proposes
Votership to all voters as a means to attain theobjective to share in the fruits of development.
M.That, the petitioners do not assume Votership as the
only means of social security or poverty eradication.
In fact the basic objective of Votership is to evolve a
mechanism to link every adult citizen with the level of
prosperity of the country. This objective could not be
achieved by any of the present programs and laws
like National Employment Guarantee Schemes and
other schemes related to poverty elimination and
unemployment. These schemes will not be able to
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transform the present status of workmen from
domestic oxen or from domestic servant or from
reserved economic slaves for hard work to the status
of domestic citizen in real scene. The wages
determined by the market rates and by the Minimum
Wages Act could not provide the feeling of economic
freedom among the workmen. Till the poor workmen
are not free economically the expectation of a
civilized citizen from him is meaningless.
N. That dearness increases for all citizens but the
employees of govt. administration and of permanent
workers of organized sector only receive dearness
allowance, therefore dearness is source of additional
income for some citizens but for rest of people it is
like a theft or pick pocketing. Payment of Votership
by adding dearness allowance will be an opportunity
to the government to compensate loss to the citizens
and it will do the financial justice to the suffering
citizens.
O.That, the petitioners are submitting this petition
before Council of States with the assumption that on
the account of GATT (General Agreement on Tariffs
and Trade) and establishment of WTO in 1995; the
authority of union govt. for regulating market, has
become so weak that it is no longer capable of
promoting and protecting the small scale industries
and making market available for sale of their goods.
On account of this inability, it is no more possible for
government to make available jobs even to the one
forth of the people seeking jobs. Hence, in the
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present age of anarchic world economic order which
has gone beyond the control of the country level
governments, the petitioners have concluded that
purchasing power could be reached to the citizens
only by providing Votership, not by the means of
remuneration for work.
P. That, on account of worldwide common market and of
continuation of fragmented state of nation-states an
imbalance between market forces and state forces
has been occurred. This crisis is resulting into
paralysis of the state. Contemporary state can think
of controlling damage created by the market but it
can do nothing. Through this petition an appeal is
made to the parliament of India to come forward to
put an end to this situation of imbalance. For this
purpose the petitioners are requesting the Council of
States to make necessary recommendations to the
govt. to initiate actions for GAPP agreement (Global
Agreement on Poverty and Peace) for establishment
of Super-national common citizenship, common
legislature, common administration, and commongoverning system to counter the damages of the
common world market.
Q.That, the said Global Agreement on Poverty and
Peace (GAPP) has also been considered to be
necessary on account of Transnational Allowance
which could be added along with Votership amount.
So that the citizens capable of meeting foreign needs
of the domestic citizens of country could develop
fraternal relation to help in decreasing the present
tension on the border of the country.
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R. That economic justice by adopting the principles of
distributing means of production is only possible in an
autonomous economy but after 1995 when
international laws related to World Trade
Organization and other international treaties took
place the economy especially market has been
converted into the common market of the whole
world. Due to these new situations contemporary
economy is not an autonomous economy and
therefore principle of the distributing means of
production has become irrelevant. Since the
petitioner are well aware with the international laws
therefore, they are demanding direct distribution of
production itself through votership rather than
distributing the means of production.
S. That, the children of all doctors, engineers, IAS, PCS,
MP, and MLA does not get power of parents in
succession. While by laws of inheritance etc, made
by British Parliament and perpetuated by Indianparliament, life earning in billions of rupees and
economic authority is got by children of billionaires.
On account of such legal provisions every person gets
inspiration that it is better to be a creator of money
rather than remaining in the office for lifetime honest
and doing good work. As every person knows that
after his death only his earning of life will be
transferred to the next generation, therefore to most
of the people it does not appear to be wrong to
accumulate wealth by corrupt methods and immoral
acts.
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T. That the present governmental system promotes and
encourages corruption through different rules. In this
manner the parliament gives children of rich a
reservation of richness and poverty gets reserved for
children of poor persons. The conclusion of the
petitioners is that the regular amount of Votership
may be only partially could save the children of poor
from torture of poverty and economic discrimination.
Votership may be an entail opportunity to parliament
to get panacea for its mistake and make available an
opportunity to compensate harmed party.
U. That, in the absence of any procedure regarding
political financing the economically lower segment of
society neither gets share in economic prosperity of
the country nor gets share in the political power.
Therefore, allegations of economic exploitation have
been normally made against those nation states
which have adopted democracy in present form.
V. That, for the purpose of democratic political financing
petitioners proposes that every contestant of Lok
Sabha election will get money in pro-portion to votes
obtained by him. If we assume the amount of
votership as rupees 1750 per mouth (the fifty percent
of per voter average domestic income) a constant
who obtained 1000 votes and lost election may get
rupees 1750000 annual during whole period of
current legislature. This money should come from the
one month share from the votership of the voters. In
this manner a scientific economic system will evolve
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for the benefit of those people who work for society
and for the state and economically lower strata of
every communities could get representation in
political power.
W. That votership will also enable those talented
people of economically lower section of society to
share the political power. Such participation will
promote the quality of decisions of the government
and of the parliament.
X. That It is experienced that the public representatives
are responsible in real sense to the contributors of
money rather than the votes. In view of this situation
if government will bear the expenses of the elections
of only recognized parties then the responsibility of
public representatives will shift towards the
government rather than the weaker section of
society. In this way the present form of democracy
would not get rid of the allegations of economic
exploitation of majority.
Y. That, in case India adopts the proposal of Votership,
and then it will become a source of inspiration for the
rest of entire world to follow the same steps.
Z. That, the petitioners have noticed that the investors
made most investments in lands around cities and
purchased them deeming to be most profitable
investment and evicted farmers from these lands. In
hope of prices to rise of such land and properties are
kept idle. Such property is neither used by owner for
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production nor any body else is allowed to do so.
This is causing negative effect on production of grains
and country is facing grave economic loss. In view of
such a situation in order to put a stop to it the
petitioners are submitting such a system of tax on
property through this petition, so that the purchasers
of the lands around cities get forced into use of these
lands and if they do not do so then their properties
automatically get transferred into the hands of
productive users of their properties.
AA. That for the maximum possible use of assets for
production and for collecting funds for votership,
petitioners are proposing a new mechanism of
evaluation of properties and a new policy of property
tax. Petitioners suggest government for making
compulsory to declare the market prices of private
property by the owners on the basis of their self
assessment. To avoid under assessment of the
properties the petitioners wish to suggest the
compulsory clause in the affidavit that the owner isbound to transfer right of ownership to that fellow
who will be ready to pay 20% extra money against
the declared property. It is very clear that this
formula of assessment will automatically declare the
gross domestic private property, which is must for the
better economic planning of the country. This
mechanism will automatically transfer the properties
in the hands of most capable productive users. The
property tax for Votership fund should be imposed
only on upper strata of society at the similar interest
rates of RBI. This policy of taxation will be more
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judicious, more acceptable, more transparent and
more effective to collect the huge funds required for
Votership.
BB. That, the second source of income for the fund
of votership will be existing budget on defferent
schemes of social welfare. Petitioners believe that if
the citizen will have right to create organization and
establish private company and the law regarding
economic disparities and inheritance law in existence.
Till then no effective restriction could placed over
corruption. On the basis of this analysis the
suggestion of the petitioners is that the funds of
social welfare, which is today disbursed by
government on administrative institutions, out of that
amount share of one person could be added with
amount of Votership and sent directly to the personal
account of needy citizens regularly by adopting
appropriate method.
CC. That, the third source of income for the fund ofvotership will come from the international agencies.
On account of MDG i.e., Millennium Development
Goal like international agreements by which foreign
and international foreign agencies want to give
financial help to poor citizens of world along with
India but start avoiding from their promises on seeing
corruption prevalent in the administration of the
country. They all will have no excuse for such refusal
after opening of bank accounts of all citizens for
Votership because such agreement will be able to
send help amounts to the private bank accounts of
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poor citizens directly of their share without
involvement of local governmental administration.
DD. That, prima-facie it appears that the regular
amount received by the voters will make them idle
and this will decrease the volume of production. It is
established fact and it is the rule of nature that 3% of
people of society do not like to sale their labor in
market. Keeping in view those 3% people a
presumption gets fortified that rest of 97% are also
such by nature. The human being does not survive
only for the sake of the satisfaction of the hunger of
the stomach. It is fact that the hunger of respect and
competition are also basic component of personality
of human being. This fact is accepted by many
classical economists too. Actually, the regular
income of Votership will enthuse the mental working
of the people rather than making them idle.
Consequently the beneficiary of Votership will tend to
become more productive.
EE.That, there are 8 classes in human society classified
on the basis of 8 blood Groups. It is concluded by the
petitioners that there are in existence of 8 classes of
mentality also which are by product and influenced
by above 8 Blood Groups. The AB+ and AB- class of
society have genetic basis of centripetal nature for
the purchasing power toward themselves and O+ and
O- class centrifuges the purchasing power towards
the each and every citizens. Surprisingly, it is
observed by the petitioners that among the active
supporters of the proposal of Votership, 80% people
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belong to O+ Blood Group. It proves that there is a
biological basis of ideology thinking.
FF.That it is apparent that the logic of opponents of the
proposal of the Votership is neither arguments
supported by the economics nor supported by the
psychology nor born by the national interest or public
interest. In fact argument of opponents is produced
by the ideological influences of AB+ and AB- Blood
Groups and by the selfishness. In fact such
arguments are based on massive ignorance.
GG. That Indian economy will get rid from the
recession just after implementing the proposal of
Votership. This act of India will inspire other
countries of the world to adopt this proposal. It will
save the whole world from recession and from the
growth of situations of third world war.
HH. That rent of property demanded by the landlord
cannot be deemed to be a bribe. This act of landlord
cannot be deemed as improper act, or an act inspiredby his greed. The real fact is that the Votership is
share of a voter in the total rent of collective property
of the country.
II. That after a decade long deliberations with many
economists the petitioners have reached to the
conclusion that some of them are for and others
against on this proposal. Hence, there is no relation
of economics with the proposal of Votership. On
these circumstances the proposal of votership will
influence the established principles of economics. It is
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not correct that the conception of Votership will be
affected by the principles of economics.
JJ. That the petitioners assume the conception of
Votership as a subject of Public Finance, rather than a
subject of economics. It is well known that Public
Finance bridges the two subjects - the Political
Science and the Economics. Hence, trusting on
opinion of only few economists is just like trusting the
advice of a cardiologist doctor on a patient suffering
from neurological disease. The petitioners conclude
that the authorized advisor on the proposal of
Votership is parliament not economists.
KK. That any legal opinion of the legal experts on
the proposal of Votership will be devoid of the
philosophical and juristic conception involved in this
proposal. Therefore, petitioner deemed it proper to
get the opinion of constitutional experts rather than
the opinion of jurists. It may be noticed that some of
the constitutional experts are included among thepetitioners.
LL. That prima-facie it appears that dearness would
increase when money of Votership will came into
market. After long deliberations with the experts of
moenitory policy, petitioners have concluded that the
per capita volume of currency produced in India is
very less than many other countries of the world.
The main presumption behind this policy is that
majority of people should be given only as much
money which is enough for their physical survival
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only. It is also presumed by the policy makers that
the aforesaid money should go to the people against
the sale of their labor at the market rates. Since this
is an undemocratic and unconstitutional assumption
so that it should be obligatory to increase the volume
of the per capita currency notes issued by the RBI.
On account of this for time being it will appear that
dearness is increasing, but after some times it will
start decreasing. After implementation of the
proposal of the votership not only maximum money
will come into the market but the speed of flow of
money will also be increased. The excess money will
increase effective demand and this demand will force
establishment of new units of factories to supply the
new demand. These new units will increase the
opportunity of the employment and increase the
volume of production. This extra production will
decrease the dearness.
MM. That the resident of upper floor may drop
domestic waste of their flats at down stairs butsimilar actions can not be done by the resident of
ground floor. Similarly in fact the developed country
is in the nature of the position of the upper floor and
developing country like India is on the ground floor.
In this situation it is not proper that the people of
down floor should learn in every walk of life from the
people of upper floor. The problem of developed
countries is excess of money and problem of
developing country is shortage of money. So
votership is not solution of developed countries and
similarly the policies and principles of developed
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countries could not become ideal for India like
developing country.
NN. That the petitioners are observing that there is
no any sincere and effective measure is adopted to
check the growth rate of population. It is Votership,
through which the literacy level of female will
increase and a literate female will manage the
household much sensible way. It has been already
experienced in developed and prosperous countries.
Actually, very few are realizing that population is
growing only in poor families of all caste, religion,
sect and locality of the country. In fact low income of
the family instigates to produce more children for
social security.
OO. That, the principal petitioner of this petition is
not submitting this petition to Council of States as
one of his casual activity, but it is consequential to his
research work of last twelve years. The principal
petitioner has devoted his life for getting hisVotership and for obtaining the same for all voters,
and committed to take this just activity to its
conclusion.
PP. The proposal of Votership is capable to solve
maximum problems perpetuated from very long time
and country has been facing badly. The money of
votership will check the crimes provoked by the
financial crisis and terrible scene of economic
disparities pervaded all over the society. Votership
will provide opportunity to live with dignity and
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respect to more than 70% citizen who are reserved
today for hard work and low level of livelihood. The
proposal of political financing which is closely related
with votership will release the public representatives
from the burden of expenses of maintaining and
increasing social contacts. This situation will inspire
the honest persons to join the politics. The new
generation of politicians and statesmen will check
effectively the scope of corruption. Votership will
definitely inculcate national affection as the monetary
support of parents inculcates affection among the
children. The money of Votership will empower the
poor section too of society of SC and ST who are not
able to exercise the rights of reservation due to
extreme financial constraints of households in
mejority. Votership will inject the strength among
them to move towards courts against grievances
committed. Votership will safeguard the talents born
in poor families which are today killed at mass level.
Democracy will become more acceptable through
Votership. It will increase percentage of voting inelections. It will start functioning as fifth pillar in the
traditional three pillar structure of democracy.
Aspirations of preamble, of Part 4 specially article 39,
40 and 51 and of article 14 and 15 will be satisfied by
this mechanism of Votership. This money will make
available food, house, drinking water and health to
all.
[ A Book written by Bharat Gandhi on Votership can be
produced at the time of hearing before this Honble court ]
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5. That in the year 2007, Bharat Gandhi made a Petitioners
committee and had filed a Petition to the Honble Speaker of Lok
Sabha along-with full consent and written support of 112 Member
of Parliaments of Lok Sabha under Rule 168 of Rules and
Procedure of Conduct of Business of Lok Sabha, and requested
to apply Votership to each and every citizen of India as their
fundamental right/birth-right, so that no-one can die for starvation
in India.
This Petition not only prays for providing share of Nation
Income from nature and Machine, directly to every citizen of
India through ATM card in lieu of several bogus defective
projects of the Government, but also prays for fixing Ceiling
of inheriting property transfer [like agricultural ceiling]. The
Petitioner is fighting for common citizenship amongst Asian
commonwealth countries to form United Nations Government
[UNG] in the place of UNO.
[ A copy of Petition published in a form of Book written by
Bharat Gandhi named Votership, which can be produced
at the time of hearing before this Honble court ]
6. That in the year 2008 the similar petition was also filed by the
Petitioner Committee under the leadership of Bharat Gandhi, with
written consent and support of 250 members of Rajya Sabha
before the Honble Vice President of India / Honble Chairman of
Rajya Sabha. Both the petitioners are still under consideration by
various standing committee of the Parliament in the same year 33
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MPs of Lok Sabha also gave notice under Rule 193 of Rules and
Procedure of Conduct of Business of Lok Sabha to the speaker
and demanded detail on those issue.
7. That on 6.5.2008 the debate on demand of said 33 MPs was
assured by the Honble Speaker but one day before on 5.5.2008
the Session of Lok Sabha was san de and the debate was
derailed. The said issue was not taken for debate in the next
session of the Lok Sabha despite all the efforts of MPs. In such
circumstances inculcated the mistress among the leadership of
big political parties and the Members of the FEFM and Voters
Pension Party concluded to contest direct Elections and submit
their findings before the Electorate. It was also decided that the
name of Voters Pension Party should be amended.
8. That the name of Voters Pension Party was therefore changed
as VOTERS PARTY in December 2008. The manifesto of the
Party was declared and some followers of the Voters Party
contested Lok Sabha Election in April 2009. The Experiences
came that all the contestants were treated as Independent
Candidates by the Election Commission of India. Copy of
said.. annexed herewith as
ANNEXURE-P-2 page -
9. That this event of Parliament and the behavior of Core leaders of
big Political Parties avoid the members who were working since
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last 10 years for the political reforms and for Parliamentary
approval of Fundamental Economical Right of the Voters.
Members therefore reached in the conclusion that the wide
separate Poverty is not the output of mental and physical
weakness of the poor people but the poor people are reserved to
work against nominal earning just for their bread and butter which
is nothing but slavery. Such practice is stringently maintained by
(various) Laws, traditions and assumption of the Governance.
Such superstitions could never be able to eliminate even after
1000 years. It is also concluded by the members that a big part of
lower level cadre of about every big political parties including MPs
and M.L.As are ready to favour the findings of the NAFER, but the
core leaders of the big parties are not ready to even listen and talk
on the issue of Political reforms. Neither they are ready for
discuss on this issue within their party nor they are ready to permit
there MPs and MLAs for debate on the floor of the Parliament.
Members of the Association were bound to form a new Political
Party at this stage, when all the ways are looked closed.
10. That during this period the petitioner came to know that one
member of the Petitioner in collusion with other member/non-
members have applied for registration of Voters Party as a
political party before Respondent No.1, Election Commission of
India. The Petitioner forthwith gave an objection letter with all
supporting documentary proof that the petitioner is the old and
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original registered organization; hence the applicant/Respondent
No.3 has no right to register Voters Party in their favour.
11. That on 17.11.2009 the Respondent No.1, Election Commission
asked the Petitioner whether the Voters Party is registered society
or organization or NGO at anywhere in India? Copy of letter dated
17.11.2009 is annexed herewith as ANNEXURE-P-3 page -
12. That on 11.12.2009, the petitioner replied, the Voters Party was
functioning under social organization named NAFER, which is a
Registered Society. The petitioner replied that Voters Party is
working as the political polarization branch of a Registered society
of name and fame, namely National Foundation of Education and
research (NEFER in short). Later on this organization became
famous in the name of Federation for Economic Freedom
Movement (FEFM). It is replied that Bharat Gandhi wrote a book
named ARTHIK NARSAMHAR KE KHILAF MAHABHARAT
(Struggle Against Economic Genocide) and before publishing the
contents of the book was sent to her Excellency Ms. Prathibha
Patil. The President and the Honble Prime Minister of India.
Acknowledgements were annexed as No. 12 & 13. In the said
book the manifesto of VOTERS PARTY was published, which
came to the knowledge of a person, who applied for registration of
Voters Party before Election Commission without knowledge
and consent of the Petitioner and declared Voters Party as a
political Party of Respondent No.3 on 24.08.2007 in a public
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meeting at Parliament Street, New Delhi. The Petitioner forthwith
gave objection petition before the Respondent No.1/Election
Commission of India. Copy of Reply letter dated 11.12.2009 is
annexed herewith as ANNEXURE-P-4 page -
13. That the petitioner organization then realized that the Association
of Voters Party shall be registered as a Political Party with the
Election Commission of India to protect the name, Voters Party
and its ideologies from misusing by others. Therefore on
13.12.2009 the concerned members of the NAFER and FEFM
and Voters Party therefore dissolved its Political Education Wing
named Voters Party, formally known as Voters Pension Party on
13.12.2009 and suggested those members to form a Political
Party and get it registered with the Election Commission of India.
The name of said Political Party anonymously selected as Voters
Party. Since Voters Party became a Political Party independently.
The Committee then constructed a draft a competent Constitution
of as a Political Party for registration of the said Party with
Election Commission of India in the name of VOTERS PARTY.
14. That on 01.01.2010 under the leadership of Bharat Gandhi, the
original founder of NAFER and with consent of FEFM and Voters
Party formed a new committee and said new Committee
anonymously the non-political Voters Party was dissolved. The
committee also decided that the name of new political party
should be Voters Party. So the name has not been changed but
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status of the organization has been since changed from no-
political party to a Political Party. The Committee decided that the
name of the New Political Party must be the same as Voters
Party to avoid any confusion amongst its members followers and
supporters who were already working and supporting the issue of
Political Reforms under the banner of non-political organization
and Voters Pension Party as well as Voters Party. The domain
name of the Voters party was registered with the petitioners and
the petitioners are owning and running the website named as
www.Voters-Party.org and www.votership.com. A bank account
also opened in the name of Voters Party. An application for
registration of Voters Party in commission was moved within 20
days from the date of formation of the party.
15. The said New Committee therefore, drafted the New Constitution
of Voters Party as a political party and applied before Election
Commission of India within 30 days time on 20.1.2010 of said
political party named Voters Party duly annexed the required
documents like Voters Card and affidavits of 100 members of
different States along with its Constitution and fees as per section.
The Constitution of Voters Party (80 pages) can be produced
before this Honble court at the time of hearing, if required.) Copy
of Application dated 20.01.2010 is annexed herewith as
ANNEXURE-P-5 page -
http://www.voters-party.org/http://www.votership.com/http://www.voters-party.org/http://www.votership.com/ -
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16. That an objection was also filed to the Election Commission of
India for not registering VOTERS PARTY in the name of anybody
also except the petitioner as the petitioner are to know that
someone has applied for Registration of Political Party in the
name of Voters Party with a malafide intention of using the
reputation, goodwill and public support of the petitioner
Organization as well as misuse the name of Voters Party. In
such case the petitioner can be blackmailing. The petitioner also
annexed supporting documents regarding existence and activities
of Voters Party for the period of last several years.
17. That on 22.07.2010 the Respondent No.1, Election Commission
of India rejected stating that the application for registration of
Voters party was not made within 30 days from the formation of
the organization, Voters Party, as many candidates contested
elections in the name of Voters Party prior to the formation of this
party as a political organization. But it is admitted by the
Respondent No.1/Election Commission that since it was not a
Political Party, these candidates were treated independent. The
Election Commission of India raised objection to register Voters
Party will this misconception that the party has already been
existing for the period of more than 30 days hence it can not be
registered with the commission as a Political Party under Rule.
The Election ought to have consider that the Constitution of
Voters Party was formed on 1.1.2010, which was clearly
mentioned and annexed with the application for Registration of
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Voters Party prior to 1.1.2010 it is a social organization working
and functioning as a wing of a Registered Society named NAFER.
There was no independent constitution.
Copy of letter dated 22.07.2010 is annexed herewith as
ANNEXURE-P-6 page -
18. That in reply to an application under RTI the respondent No.2
informed a member of the Petitioner that Voters Party has been
registered in favour of Respondent No.2. The Respondent No.1
did not gave any importance/value of activeness and genuineness
of the Petitioner-organization, who has been actively working,
sacrificing and fighting for social cause in the society since last 20
years for providing them Votership [Voters Pension] and
education to each and every citizen of India and the society
should be actively beneficiary, if Voters Party would be
registered in favour of the Petitioner. Copy of Reply under RTI
dated 2011 is annexed herewith as ANNEXURE-P-
6 page -
19. That Respondent No.1/Election commission should not issue
registration certificate to duplicate and fraud body in the same
name of Voters Party as Respondent No.1 /Election commission
was well informed and was admitted that voters Party is running
by the Petitioner.
20. That there is no any sufficient reason to fix the 30 days to apply
for registration under Respondent No.1/Elec Commission of India.
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This duration should not be 3 days or 3 years. Such clause of the
Respondent No.1 debarred the poor organization of poor societies
from registration of their Association under Election Commission
of India with an ulterior motive of running India by rich and
bureaucrats, industrialists and criminals. In fact, the work of
forming an association, trust or party is initiated by a person
individually or by a very small group for getting public support and
fund, initiators spent money by their own pocket. In this phase
they work very hard. This phase may be known as experimental
stage of the association. In this phase initiators could be able to
find out the appropriate terminology and language to express their
motive and to achieve the objectives of the association. It
generally happens that for getting public support, initiators have to
change even the name of the association during experimental
stage. If initiators of association will be compelled to get their
association registered during first phase, then they will be bound
to get another association register in second stage. This
compulsion will destroy a very big part of mental, manual and
financial energy of initiators only in registration. Due to this policy
of registration work of social and political reform will suffer a lot. It
is about impossible to complete the procedure given bellow as per
the rules of the commission-
1) To contact minimum 100 persons.
2) To convince them to join party.
3) To convince them to donate funds,
4) To convince them to go district election office to get voter
certificate.
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5) To collect minimum 100 copies of voters certificates,
6) To collect minimum 100 affidavites from various district andvarious states,
7) To get prepared the draft of Rs. 10, 000/-
8) To constitute the drafting committee to draft constitution of the
party.
9) To get approved the draft of the constitution by the general
assembly of the party.
10) To draft the application as per the rules provided by the
commission,
11) To submit the application in the office of the commission
within 30 days from the date of the formation of the party.
All above acts are not possible to do by any party or
association without declaring the name of the association. It is
necessary to register the name of the party first, and then the
procedure of the registration should be as simple as the
procedure of the registration of the domain name of the website.
Commission neither reserves any symbol nor provide any type of
financial help to registered parties.
20. That the condition for applying for registration within 30 days is
not imposed in other acts related to registrations like The
Societies Registration Act 1860, Trust (Registration) Act 1882,
Company (Registration) Act 1956, Partnership (Registration) Act
1860 etc. Formation of a Political Party is more difficult then the
others as referred.
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21. That the Petition of the Petitioner is bonafide with the following
grounds amongst the others:
GROUNDS
A. Because letter of the respondent No.1 vide No. 56/34/2010/PPS-
I/517 dtd. 22.07.2010 whereby the respondent has refused to
register the petitioner as a political party wrong, Illegal and is bad
in law. This act of Respondent No.1 is contradictory,
discriminatory, inadequate and malpractice.
B. Because Respondent No.1/Election commission should not issue
registration certificate to duplicate and fraud body in the same
name of Voters Party as Respondent No.1 /Election commission
was well informed and was admitted that voters Party is running
by the Petitioner.
B. Because the provision of 30 days for filing application for
registration from the date of formation of a political party is
absolutely illegal, malafide, unjust and having no reasonable
excuse.
C. Because the condition for applying for registration within 30 days
carries no sufficient weight, illegal, malafide, bad in law and
unconstitutional as such condition is not imposed in other acts
related to registrations like The Societies Registration Act 1860,
Trust (Registration) Act 1882, Company (Registration) Act 1956,
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Partnership (Registration) Act 1860 etc. Such bar of 30 days
debarred thousands of poor organization from poor sector of the
country and protects the organizations supported by bureaucrats,
industrialists, and criminals and/or from rich backgrounds.
D. Because it is not possible to arrange 100 affidavits, and other
documents from several states of India with 30 days after
formation of a new Political Organization practically on ground.
E. Because there is no importance, legal need and/or justification to
keep 30 days limitation for registration of a Political Party from its
date of formation except an ulterior motive to protect the rights of
poor organizations and old strong organizations from registration
as a political party for contesting election against the existing
and/or ruling parties. Such policy is hence against democracy, un-
constitutional, illegal and very bad in the eye of law.
F. Because the Respondent No.1 ought to have considered that
Voters Party of the Petitioner was functioning under NAFER, a
registered society as a non-political organization and the same
had been dissolved.
G. Because the Respondent No.1 has make a grave error in not
considering the dissolution of non political Voters Party on
13.12.2009 and a new political party was formed in the same
name on 01.01.2010. There is no bar for keeping same name of
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an non-political organization and a political organization if earlier
organization dissolved.
H. Because the Respondent is empowered to review its own
decision vide letter No. 56/34/2010/PPS-I/517 dtd. 22.07.2010,
whereby the respondent has refused to register the petitioner as a
political party. and should consider application of petitioners to
register Voters Party due to two reasons-
i) Any association with the name of Voters Party was notexisting on 1st January 2010, when Petitioners VotersParty was formed.
ii) Application in commission was moved within 20 daysfrom the date of formation of the party. Hence, theapplication for registration was not time barred, as
commission has estimated.
I. Because the Respondent No.2 has make a grave error to apply
for registration of a Political Party in the name of Petitioners
organization Voters Party knowingly that the said organization is
not belonging to Respondent No.2. In fact Respondent No.2 have
cheated the Petitioner and liable to be punished for the same.
J. Because. Respondent No.1/Election Commission was well
informed and was admitted that voters Party is running from for
several years as a non-political organization for the society, but
the Respondent No.1 registered knowingly a running body in
favour of a fraud group without considering that the petitioner
formed a new political organization in the same name, Voters
Party and applied within 30 days for registration. The persons
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who filed Nominations in the Elections were independent
candidates. There is no bar to fight election with the idea and
ideology of Votership and for that the petitioners party should not
be effected.
K. Because the concept/policy of the Respondent No.1 regarding
refusal of registration on the ground that some individual stood as
a candidate of Voters Party in Elections is illegal, wrong, and
baseless as the Respondent No.1 treated those candidate as
Independent Candidate, not a candidate for Voters Party. Such
act of Respondent No.1 is illegal, malafide in the premises of the
Election Commission, especially in the process of party
registration.
22. That the petition of the petitioner is bonafide and in the interest of
Justice.
23. That the petitioner has not filed any other similar petition before
the Honble Supreme Court of India and any other Courts.
PRAYER:
In these circumstances, it is, therefore, most respectfully prayedthat that this Honble Court may be pleased issue of a writ,
order[s], direction[s] the nature of mandamus,
(i) Directing the respondent to register the petitioners
organization Voters Party as a political party under sub
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section (4) section 29a of representation of the people act
1951
And
(ii) Mandamus, directing the respondent no.1 to cancel the
registration of so called voters party which is already
registered in favour of a bogus organization, [respondent
no.2 herein]
And/or
(III) Mandamus, directing the respondent no.1 to remove the
provision of 30 days limitation i.e. an application for
registration of a political party should be made within the
period of 30 days next following from the date of formation
of the said party.
And/or
(iv) Any further order[s] direction[s] in favour of the petitioner
which this honble court dim fit and proper in the facts and
circumstances of the case and interest of justice.
:
Date : January 2011. Petitioner in Person
Place : New Delhi.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P. (C) NO.______________OF 2011
In the matter of:
VOTERS PARTYThrough: Secretary General, Sh. Asit Kumar Roy
. PETITIONER
VERSUS
ELECTION COMMISSION OF INDIA . RESPONDENT
AFFIDAVIT
I Asit Kumar Roy, Gen Secretary of the Petitioners organization, Voters
Party, office at 22 C/A-1, Mayur Vihar-3, Delhi-110096, do hereby
solemnly affirm and delere as under:
1. That I am petitioner of this case and know all the facts and
circumstances of the case and do hereby swear this affidavit.
2. That the present Petition has been drafted by me, which I
understand that the contents of the same from para No. 1 to are
true and correct to the best of my knowledge and belief.
3. That the Annexure of this Petition are also correct copies of their
respective originals.
DEPONENTVERIFICATION :
Verified at New Delhi on this day of March, 2011 that the
contents of this affidavit are true and correct to the best of my
knowledge and belief.
DEPONENT