July 26, 2012

Now people can file suits and/or writs in courts for removing fake voters from voter-lists-SC


27 Sept,2011, Supreme Court gave a land mark judgement which can trigger major election reforms in India.


Several review petitions were filed to obstruct implementation of this judgement.


20th July,2012, All reviews clarifications dismissed.


The judgement has now become final.


It is now OK for you to start Election Reform, and take legal actions for election reforms after consulting lawyers.


If you start now, you may see result after 5 years due to slow process of Judiciary


What is DECIDED in this judgement?



Do Courts have power to monitor Voters Lists and Lay down Qualifications of Voters in Govt. Aided Bodies, like associations, clubs, Chambers of Commerce, Municipalities, etc. etec. etc.?






What Supreme Court Said?







It said YES.

We the Courts in India have powers.


IF THE BODY IS ENJOYING GOVERNMENT GRANTS OR FACILITIES. These are STATE RESOURCES. WE CAN MONITOR AND SEE THAT THEY ARE UTILIZED FOR RIGHT VOTERS AND RIGHTLY ELECTED PERSONS. We can pass necessary orders for this purpose.


Now try to understand sweep of this judgement. Every Bar Associaltions (Lawyers bodies), Chambers of Commerce, Medical Practitioners Association, Chartered Accountant Association, Almost every election body which is given some govt facility ! It covers almost all elected bodies.






What was the REAL case before Supreme Court?



It was about Supreme Court Bar Association. There are hardly 1500 to 2000 regular advocates working in Supreme Court.


But each year, "Advocates of various other Districts were MADE MEMBERS IN BULK to WIN ELECTION" So total members went up 10,000 PLUS.






You can understand what must be happening during ELECTION.


The real 2000 lawyers actually working in Supreme Court had really NO say in ELECTION.






How this dispute is SIMILAR TO DISPUTES IN ALL ELECTION BODIES IN COUNTRY?







In my view, MOST ELECTIONS are Won, by manipulation VOTERS LISTS.


Those who have nothing to do with association or club are enrolled AS MEMBERS,

just for VOTING IN ELECTION purpose.


This is how unworthy candidates are ELECTED WITH MAJORITY OF ARTIFICIAL VOTES.










What did Supreme Court did?



It laid down law on






1) Who will be qualified to vote and who will not be qualified to vote.


2) How Voters List will be prepared and uploaded on Internet for TRANSPERANCY


3) How Disputes relating to voters will be decided.






How this Judgement will help ?







If you see in certain body, elections are manipulated.


Then first check if it is receiving any grants or govt facilities
.


If Yes, then study what are the irregularities and how they should be corrected.






Then, take advice of lawyer.






You have three options:




1) File a Suit under Sec.9 of CPC in nearest CIVIL COURT




2) File Petition in High Court




3) File Petition in Supreme Court only if above Two options are not likely to be effective





What Can you do next if you want to seek Election Reform in any Institution which may be enjoying some benefits from Govt aid?







1) Consult a lawyer and build your case, as per aforesaid judgement.






Haresh Raichura


26/7/2012




July 22, 2012

How a village woman can protect herself and enforce law?

A village woman is at mercy of locals. The locals have control over Sarpanch and Police.


There is no place where she can go.


But if she can write few words and if she can walk to a nearby Telegram Office, she has some powers to enforce law. She is no more at mercy of local police.


1) Telegrams are forgotten. But it has lots of power. I have tried this. I ask my clients to use this often. Telegram is Evidence and often forces higher authorities to start working.


2) The village woman must be given addresses of following 5 offices where she can send telegrams.


a) Address of Local Police Officer

B) Address of Superior, District Police Officer

C) Address of Chief Justice of High Court

D) Address of District Judge and Chief Judicial Magistrate

E) Address of State Woman Commission


If she has any complaint, she should send a telegram to any 3 of the above authorities. If urgent telegram is sent, it will be delivered in 24 hours. The protection may follow in about 3 days. During this period, she should be careful. After 3 days, she can become fearless. She can obtain a copy of telegram from telegram office also.


If there is no telegram office in village, or if there is some danger in sending telegram from village, she should travel to any nearby town and place telegram from nearby town. This may be safer because in village no one will know until action is taken by offices.


A telegram is more powerful than a revolver.


Haresh Raichura

22/7/2012

July 21, 2012

When you feel disappointed, sad, alone, depressed. Try this

I often felt sad, disappointed, rejected, alone and depressed. I read books. Searched Internet. I found lot of things that do not work.

Here, I have tried to set out what I learned, experienced and realized. This may help you or it may not work for you.

1) Study a child. See when he feels happy, when he feels sad, when he cries and when he weeps.

From Alfred Adler's book "Understanding of Human Nature", I learned many things. I learned that as soon as we come in this world, we see that everyone except us is Big. A striving develops in us to become bigger or equal. This tendency later seen in our life as "Striving for Superiority"

Here, pause for a moment. Do you notice such striving for superiority in you? If yes, this could be a cause of sadness.

2) Study the child more. If he is left alone, he fears. He starts crying. Someone comes. Lifts him. Plays with him. He is now happy. But you will notice that he is constantly trying to seek attention.

This tendency later develops as "Striving for Recognition"

Pause here. Do you want to become famous? Do you want to be recognized for your talents?

This striving also causes us to be depressed when we do not get desired recognition.

Study the child. He wants toys. If he does not get toy, he feels sad.

Now study you. Imagine you are living in rented house. You want to live in your own flat. But you cannot buy. This will make you sad.

Try to understand these wants which are making you sad.

Sit alone. Meditate. Release those unfinished businesses from your mind.

3) There could be 100 more reasons and causes for depression. But try to understand a "Rubber Band Tension"

Suppose your mind is a rubber band which can be stretched. You are at point A. You want to go to point B. Your mind, rubber band will be stretched from Point A to Point B. A tension will be created. Point B will start pulling you.

The mind will become a stretched rubber band. If it remains in tense stretched position for long, sadness of not being able to achieve point B, may cause sadness.

4) Two Chemicals in Brain. A psychiatrist can tell you. When certain chemical is released from brain, you feel happy. If for some reason, happy-chemical is less produced, you begin to feel sad. Doctors give pills if such chemical is in low production since several months.

5) Yes and No chemical. When you say yes to enjoyments in life, happy chemical is released in brain. When you are saying No to pleasures of life, the happy chemical is not produced. You may feel sad. Say Yes to pleasures of life when it is ok. It may reduce sadness.

6) Places have effect. When you go to shopping mall and start buying, you feel happy. Brain produces happy chemical. Try and find out places where you feel happy the moment you reach there.

A lawyer said, in one court vacation, he did not go abroad. He went regularly to a children day care unit and played with children for a whole month. Effect of place.

7) You go in a restaurant and order an ice cream cup.

Well, this is also needed for getting a cup of happiness.

Search your life to find out things and places that make you happy. Then go there and place your order for happiness.

Going to temples, surrendering to God may help.

If you will go to a place where only sadness is served, you will get dishes full of sadness.

8) Sadness is infectious. If you feel sad, go to a happy person and sit near him. Germs of your sadness will start leaving your mind and will start entering in head of that happy person.

He will soon start feeling uncomfortable and will move away from you.

Doesn't matter. Go to another happy person and sit near him till he too moves away from you.

Keep doing this till all germs of your sadness goes away completely. Try this idea at least once before rejecting this.

9) The Real Problem: If you feel so much sad that you see "no point in removing your sadness" or if you "begin to like your sadness", then nothing will work for you except a doctor.

10) And if you are on twitter, discontinue following sad and angry people (Like me). :)

Follow happy and laughing persons. Germs of their happiness may start entering in your mind. :)


Haresh Raichura
22/7/2012

July 7, 2012

SC: High Courts should not make unnecessary observations against judges of court below

SC removed such unwarranted strictures by HC against a Chief Judicial Magistrate of lower court in 2012(5)SCALE 642

July 3, 2012

SC: Bribe Rs 50. Minimum Punishment Six Months. SC cannot reduce itunder Art.142

In this case 2012(5)Scale 683 page 690 para 22 there was nothing much to set aside conviction order of two courts below.

Then an argument was made that minimum sentence of six months awarded by courts below should be set aside under Art.142.

The Supreme Court held that powers under Art.142 cannot be used to reduce sentence.

Haresh Raichura
7.7.2012

July 2, 2012

How to fight more effectively on Twitter? Choose your battle wisely. Do not open battles on many fronts at same time. Concentrate on one enemy only at one time.

How to fight more effectively on Twitter? Choose your battle wisely. Do not open battles on many fronts at same time. Concentrate on one enemy only at one time.

Peoples are making mistake of opening battles at several fronts at same time. It will divide your energy in several directions. Your impact will be less.

Some people are fighting against political parties. Some are against specific allegedly corrupt people. Sone are fighting against Paid Media. Some are fighting against corruption in Judiciary. The list of subjects is very long.

My suggestion is simple. At one time you fight only with one issue. Other issues can wait.

Write this One Issue in your twitter profile. This is your mark against which you will keep shooting arrows.

When you feel bored with selected issue. Change it. Select another issue. Revise your twitter profile and then fight only on this other issue.

Regarding other issues, you are always free to Retweet other issues. But your own tweets should be only on One Issue at One time.

What about me? Do I tweet only on one issue? My goal or issue is to get sizable amount of followers so that Supreme Court and High Court consider it fit to examine my suggestion on judicial reforms. They won't even recognize me unless I have a sizable support from intellectuals on twitter.

All my tweets are directed towards this one single end.

You also can choose your single issue. One at a time. Then tweet only about that issue and on no other issue.

When you tweet about any person by name, you run risks. You do this at your own risk.

But if you choose an issue, which does not hurt any single celebrity or person, you will be acceptable to many. Your followers will increase. Your tweets will be regarded as mature tweets.

Mahabharat says story of Dronacharya, who pointed to a bird sitting on tree and asked his students what they were seeing. All student except Arjuna gave right answer.

He said,"I see only an eye of the bird which I want to shoot with arrow. I see nothing else".

I suggest you to do same. Survey the issues to fight. Then Select one at one tine. And then start shooting tweet arrows on this single issue alone.

This will increase your mind power as well as impact of your tweets.

Haresh Raichura
1st June 2012