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
