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3

Milan Gupta's formal complaint to the Election Commission against Aam Aadmi Party establishes that the 28th march NC meeting was unconstitutional and asks EC to demand unedited footage from all cameras.

To,

Election Commission of India,

Nirvachan Sadan,

New Delhi -110001

Dear Sir,

This is with reference to Aam Aadmi Party's(AAP) press release dated 28 March 2015 made available by the party's secretariat to the media,the party members, the general public (and the Election Commision of India) through the party's official website link http://www.aamaadmiparty.org/aam-aadmi-party-press-release-28th-march-2015 

Vide the aforesaid press release it has been informed that the National Council of AAP met on 28th March 2015 in which certain decisions and resolutions were taken. A copy of the press release is attached for your convenience, as Annexure 1  (You may cross verify the contents of the attachment with the aforesaid internet link too if you like.)In case, Aam Aadmi Party's secretariat has sent a written communication to Election Commission of India(ECI) with respect to the purported National Council meeting of 28 March 2015, kindly consider this email with reference to such a communication also. (Kindly request you to upload such a written communication on ECI's website also, in that case).

I am a member of Aam Aadmi Party. Attached with this email in Annexure 2 is my profile summary(with my earlier residential address) that was displayed on Aam Aadmi party's official website.

I bring to your attention that the purported National Council meeting of AAP on 28 March 2015, as informed vide the aforementioned press release, was wholly ultra-vires the constitution of AAP on records of the ECI. The irrefutable evidence of its illegality has been furnished by the party's secretariat itself.

The party's secretariat has claimed vide the aforementioned press release in para 2(a) that out of a total of 392 members of the National Council, 311 attended the meet. I shall demonstrate here that total strength of National Council members is not more than 300, and the figure of 392 members is therefore wholly false, misleading and contemptuous of basic respect of rules and laws.

Article IV- F of AAP constitution registered with ECI governs the composition of the National Council. As per the article, the National Council consists of convenors from all the states and the districts. In addition , it can co-opt upto a maximum of 50 members. It is not a matter of dispute, so far, that the no member has been co-opted into the National Council till date(In case, it is claimed so by the party' secretariat, even that will not explain the super high figure of 392 members in the National Council).

AAP;s constitution, like all the democratic parties' constitution, has clearly written throughout that the convenors at all levels are elected, and not appointed. The Active Members with voting rights as defined in AAP constitution are the foundation of the party who make AAP a bottom-up elected organisation. 

Article IV-D-c(i) and (vi)  specify that the District Convenor shall be elected by District executive, which in turn shall be elected by Active members in that district.

Similarly,  article IV-E-c(i) and (vi) state that the State convenor shall be elected by State executive, which in turn shall be elected by Active members in that state.

Article III-C-vi mentions that the list of Active members shall be frozen one month before the call for any party elections.

However, there are no active members list or any such party elections held anywhere in the party through Active members(except, in National Council members' first meeting on 24 Nov 2012). The evidence of this has been provided by the party's secretariat itself in the edited video recording of the purported National Council meeting of 28 March 2015.

Pls refer to the video in this link ( https://www.youtube.com/watch?v=efn4QWGk7fA )made public through AAP's official twitter web page ( https://twitter.com/aamaadmiparty/status/582050559978442752 ).

You may prefer to focus on the contents in that video for duration between 34 minutes 5 seconds to 37 minutes 50 seconds in it.

In the video, the National Convenor of AAP, while commenting and admitting on flaws in the internal organisational setup( between 34 minutes 30 seconds and 34 minutes 40 seconds) states as follows "... अभी Active members की list है नहीं .. आपको भी पता है .. हमने कहा committees बनायीं जाएँगी , हर राज्य में committee बनायेंगे , active members की list बनायेंगे, public कर देंगे.."

Further, the National Convenor admits while specifically taking the example of organisation set up in a particular state  that voting withing party is in fact missing in the entire country, not just that particular state. The National Convenor says ( between 37 minutes 24 seconds and 37 minutes 44 seconds)

"..  एक साल में कितनी voting करायी हरियाणा में ? यहाँ पर हरियाणा के साथी भी होंगे ..हाँ भाई कितनी वोटिंग करायी ?...एक वोटिंग हुई हो पूरे.. कुछ लागू तो कर के दिखाओ ..कुछ कर के तो दिखाओ ..हरियाणा में लागू कर दो हम पूरे देश में लागू कर देंगे ..)

The above statements of the National Convenor ,released officially by the party's secretariat too, are a self-providing evidence that active members list is not available, active members have not been identified, and there have been no internal party elections through out the country.

Therefore, no district convenors or state convenors can become part of AAP's National Council since no elections have taken place throughout the country for them, through a duly maintained Active Members list as per AAP's constitution.

The National Council can be composed, therefore, only as per provision in Article IV- F which states as "All those who come together to form the Party and are present in the first meeting of the Party, shall form the first National Council of the Party."

At this point, kindly refer to letter number 4/RTI/32/2015/PPS-II/347 dated 25th February, 2015 sent by Sh Suman Kumar Das, Under Secretary, CPIO, to the undersigned in response to an RTI application filed by me in this regard wherein I had requested to be provided the names, in serial order, of the persons who came together to form the Aam Aadmi Party.

I was informed that document in this regard runs to 957 pages, and I could get the same on payment of Rs 1914/-. I made the payment vide receipt number 20098 dated 09/03/2015 to the ECI, and received the required documents accordingly

The total number of persons, in the records of ECI shared with me as above or otherwise, who came together to form the Aam Aadmi Party does not exceed 300. This is clearly a matter of record with ECI and is verifiable.

Therefore, the National Council members cannot exceed 300 in total as per records available with ECI, the AAP constitution registered with ECI, and the admitted video evidence shared as above.

It is thus demonstrated that the purported National Council consisting of 392 members as informed vide the press release that met on 28 March 2015 was completely ultra-vires the AAP constitution, and the figures quoted by the party secretariat are false, misleading and demeaning to average constitution abiding party members and citizens.

Also ,there are many National Council members on records of ECI  also, who have not been served any notice of expulsion by AAP, but were not allowed to attend the purported National Council meet of 28th March 2015. Such members are also willing to make a written statement to that effect and this has been reported in the media too.

Besides, the aforesaid evidence, there have been much more serious and grave reports of violence, subjugation & coercion having held inside the private and heavily guarded closed venue of the aforementioned purported National Council meet. In fact, the local law and order administration has had to duly register a FIR (Number 143 of 2015 dated 30/0/2015 at P.S. Kapashera) under various sections of the Indian Penal Code. A copy of the FIR is attached in this mail as Annexure 3.

Aam Aadmi Party is not only a registered party under section 29A of Representation of People's Act, 1951, it is also a recognised party by the Election Commission of India, under the Election Symbols(Reservation and Allotment) Order , 1968. Under para 16A of the Symbols order, every recognised party is expected to follow lawful directions and instructions of the Commission which it discharges under broad authority of article 324 of Constitution of India.

In exercise of such powers under para 16A of Symbol order, article 324 of Constitution of India, and with view of safeguarding general public interest in maintaining faith in democracy based on certain concessions to recognised parties and with the evidences presented to you I sincerely urge you to kindly

1) Instruct the Aam Aadmi party's National Secretary, Sh Pankaj Gupta, to share the full unedited video recording of the proceedings of the purported National Council meeting of 28 March 2015 with the Election Commission of India. The unedited video recordings must contain recordings from all cameras present in the venue. No record of Election Commission of India, shall be updated with respect to the National Council meet of 28 March without making the full unedited video recordings available to the Commission.

2) Instruct the SHO, P.S. Kapashera, to share the full collected video evidence against FIR 143 of 2015 with the Election Commission of India.

3) Declare that the the aforementioned press release in Annexure 1 from Aam Aadmi Party's secretariat  or any written communication to Election Commission with regard to the purported National Council meeting of 28 March 2015,as ultra-vires in light of evidence available and made available. 

4) Declare the purported National Council meet of Aam Aadmi Party of 28 March 2015 as ultra vires of the AAP constitution in light of evidence available and made available to the Election Commission.

5) Declare the purported National Council meet of Aam Aadmi Party of 28 March 2015 as ultra vires in light of  sufficient coercion and violence  at the venue.

Thanking you,

With regards,

4

Ravi Sharma, who has developed the softwares AAP uses to generate donation certificates, candidate profiles and "voice of AAP" has asked Aam Aadmi Party to stop using the creations (whose code he owns) till the current problems in AAP are resolved.

Fellow Aapians,
I am very small volunteer of AAP and having seen recent behaviour of AAP office bearer make me think again if i need to volunteer for such people.(I still have believe in AAP as party and all volunteers who have worked hard for Delhi victory and still believe that our leaders AK/YY/PB/SS will do the right thing once they come out of their personal anger for each other)

I was working for ideology and not for few people who are sitting in AAP office or Delhi "sachiwalaya". So with heavy heart I will take back my all efforts from AAP, I won’t ask my money back, but until current problems of AAP are not resolved I am asking @aamaadmiParty not to use the Donation certificates technology(more then 110000 certificates shared), voice of aap(85+ lakhs people reach, more then 134000 FB posts, more then 183000 tweets/retweets), Candidate profiles which collected more then 4 crores during LS and Delhi elections, Daily Donation update which was going to more then 1000 FB group with reach to 30 Lakh Facebook members and every other technology pieces which were provided by me. I still have ownership to the code rights and have control over its usage.

Special Thanks to Vibhu NayanShashank Kumar and other designers who helped for Certificate designing and DDU posters.

And my humble request to AAP Halla Bol group which was created by us, please spare me with from your abuses, You guys are part of team where you want to convey AAP positivity outside AAP and not attack your own fellow AAPians.

This follows Sunil Kumar Lal refusing AAP the rights to use its logo, which he had designed and Kundan Sharma asking Arvind Kejriwal to return the WagonR he had donated to the party.

The number of ways in which dissenting volunteers continue to resist changes they do not see as beneficial for the party continues to garner my respect. Of all my mistaken evaluations of AAP, this one stands strong - that even if the leadership of AAP is compromised, it will not be as easy for them as for other politicians to compromise stated agendas of the party.

This is one of the biggest safeguards AAP has. This tenacity. Volunteers neither bowed to the leadership, nor gave up in cynicism. In its own way, perhaps the actions of these dissenters are the real political solution for India. Not miraculously perfect parties waiting for fatal flaws, but supporters who will not abdicate their voice.

3

Atishi Marlena wrote a letter to Prashant Bhushan pretty much declaring a parting of ways and in the grand tradition of Aam Aadmi Party, the letter is in public domain. Several of Arvind Kejriwal's supporters have been demanding that I comment on it. Presumably because they think it is a pro-Kejriwal letter or something.

Here are my thoughts on the letter.

Prashant Bhushan refused to compromise with the Kejriwal faction because of Shanti Bhushan

This is rubbish. Prashant Bhushan saying that can at best mean that he used it as an excuse. I don't, for a minute buy that Prashant Bhushan is incapable of making independent decisions. Even if he was, I fail to see how this is relevant to me.

Sanjay Singh, the hero

This comes as a surprise. Given that Sanjay Singh was publicly busy attributing all sorts of intentions to Prashant Bhushan and Yogendra Yadav, the idea that he was secretly negotiating an agreement - that too an agreement that involved Arvind Kejriwal, Prashant Bhushan and Yogendra Yadav tendering a public apology sounds like a hallucination.

More likely, he got the Kejriwal faction to agree to it, but Prashant Bhushan did not buy. Probably provoked by using a known trigger - his father's name. Given Kejriwal's august views about Bhushan and Yadav, I am unable to comprehend why anyone fails to comprehend the refusal.

The mythical agreement

There is a description of an agreement to fulfill Prashant Bhushan's demands. This, in itself screams that it is not the interest of Aam Aadmi Party. These demands are old, unfulfilled. Even now, the party hardly seems interested in fulfilling them for itself. It seems to be more of a handout to the holdouts. I understand from this that now that the agreement is not happening, the demands no longer need to be fulfilled, because the Kejriwal faction apparently has no sense of ethics of its own.

Prashant Bhushan is right to bring up previously broken commitments. This does not speak of the party's interest in the reforms themselves, more like something they are willing to tolerate in order to shut up the spoilsports.

Would have been nicer if the party went for an agenda of reform independently of the fate of Bhushan and Yadav, but that seems too much to hope for. The party has changed, and does not seem to be interested in old goals without duress.

Where does this leave dissenters?

Dissenters are not a monolith. As I have remarked earlier, there are multiple goals among them. There are those who would simply like to see Kejriwal, Bhushan and Yadav to no longer be fighting. An agreement such as the one Atishi described would make them happy. That it failed will probably disappoint them, if there is any disappoint left in them after the last month.

For those insisting on procedure, the agreement was irrelevant completely - which is my disinterest in this letter as well. To follow procedure, the party does not need Prashant Bhushan and Yogendra Yadav to agree to anything. They need to take their allegations and proofs in front of their formal authority and go through whatever process required for establishing guilt or innocence and act on the basis of that.

Without following due process, even if Kejriwal and Bhushan-Yadav reach an agreement, at best what it would mean would be that they are fine with processes being bypassed as long as they are not excluded. Unless of course their removal was reversed as well - which is unlikely and probably unwise.

All that the letter achieves is to show that for all AAP's commitment to democracy, there are actually very few people who understand it or are interested in learning. I could have lived without this further confirmation, particularly from someone who had been considered intellectually sound so far.

But mostly, for all practical purposes, this letter has no impact on my assessment of the AAP crisis.

Sunil Kumar Lal, of Lucknow, who has designed the Aam Aadmi Party logo claims that he has never transferred the copyright to the party and disillusioned with the developments within the party, has resigned from his membership as well as revoked permissions for the party to use the logo in the future.

Sunil Kumar claims that he, along with other volunteers had supported the party with one ambition - to free India of corruption. He says that the dreams of volunteers are attached to the logo and he cannot bear to see it used as the backdrop of toxic politics.

Read full letter here:

AAP Resignation & Logo Revoke

It is unclear where the law stands on this and I am asking a few people for their opinion. I will update here. Regardless, this is yet another way Aam Aadmi Party volunteers are resisting a hijack of control over their party. I had mentioned earlier that even if there was a conspiracy behind AAP, it would prove difficult to implement because of volunteers.

Update: I asked Apar Gupta, a litigator with experience in areas of intellectual property and technology whether Sunil Kumar can invoke his copyright to refuse Aam Aadmi Party the use of their logo and he says "will need to be litigated. Will depend on the existence and the terms of the transfer deed."

Earlier, another AAP volunteer, Kundan Sharma, who had given the blue Wagon R that Arvind Kejriwal used to use had asked for it to be returned. Outlook reports that Kumar Vishwas had said that it could be returned to him, if he wanted it. Dissenting volunteers had on and off been demanding refunds of donations and more.

8

Below is an email by one Rajeev Bajwa to Arvind Kejriwal and Pankaj Gupta (dated March 30, 2015) complaining of irregularities in donated funds. Aam Aadmi Party should act on this person's request and take appropriate action. This email has been leaked by a dissenting volunteer of AAP.

Hello Arvind ji & Pankaj ji,

My name is Rajeev Bajwa and I am AAP supporter from day one and one of the leading Donors from New Zealand and also one of three POC's of New Zealand.

I am writing in regards to the CASH DONATIONS (Rs. 49000.00) deposited on dated 06/05/2014 into the personal account of Ms. Preety Mehra's ICICI Noida Branch (Receipt attached)

BACKGROUND / OVERVIEW :

During Lok Sabha (PUNJAB) Elections May 2014 - S. Kaharg Sing Sidhu ji's took initiative and made an efforts to do a fund raiser night for AAP and we raised 10 lac of Donations on that night.

Out of these collected Donations;

8 Lac out of 10 lacs raised by sidhu ji was transferred via Girish Mailar's Indian passport - this caused us some trouble - We received many complaints from other volunteers that Girish has accepted all thanks and credits on his individual name and projected him self as he has donated this from his own pocket where as donations were collected in a fund raiser dinner - Resultant marked "?" on Girish's integrity amongst all other volunteers in NZ.

2 Lacs were transferred via my own Indian Passport - I declared every single rupee of that on social media giving all the due credit to all volunteers & donors especially Sidhu ji.

Couple of days before Varanasi elections Girish contacted me and asked to arrange an urgent funds transfer of Rs.100,000.00 into Preety Mehra's PERSONAL account held at ICICI Noida Branch.

When I asked reason that why we can not donate directly into AAP official account then Girish insisted me not to transfer into official AAP account because volunteers are not getting any funds in Varanasi and they are desperate for financial support and Girish assured & confirmed that it is coming from reliable source which includes Shalini Gupta, Prayas Chaudhary, Vijay Sirohi.

Girish further assured me & Sidhu ji that a proper official AAP donation receipt will be provided.

I discussed this matter with S. Kharag Singh Sidhu (2nd AAP POC of NZ in Auckland)

Considering the critical situation and as explained by Girish that the request is coming from reliable AAP volunteers we decided to go ahead however I decided to ring Pankaj Gupta ji for clarification on this.

I called Pankaj Gupta ji's personal mobile - Pankaj ji was very busy and asked me to call one his assistant.

I spoke to Pankaj ji's assistant and I was told that it is NOT allowed to donate in ANY of the volunteers personal accounts and I was asked to provide names of those volunteers if someone is asking to transfer funds into their personal accounts.

I further raised this feedback with Girish & Sidhu ji that it is NOT officially recommended and is a BIG NO NO.

Girish then contacted these volunteers and provided their phone numbers in India, I spoke to Anurag, he said he is in Varanasi with Varun Gupta and they are 20 -30 people and they ran out of funds and do not have any support from AAP at that stage and they desperately need cash to arrange food for volunteers.

He also promised to send us photos of current location and scenario once they get a chance.

After considering all this and thinking we need to take risk, we (Sidhu ji, Myself) agreed to Girish's request to send them money. Girish further insisted that they need money immediately so I had to call my Father in India (Hoshiarpur) to deposit Rs. 100,000.00 into the personal account of Preety Mehra (wife of Varun Gupta - Seattle USA) held at ICICI Noida branch.

My father was very busy so he had to send one of his employee (Manjit Singh) to deposit cash in Preety's a/c -

To ensure that money has been received by correct person, I tried to contact Anurag & Varun repeatedly on their mobiles but they did not pick up my phone at all. Luckily it was only first installment of Rs.49000.00 out of one lac was deposited. As you can not deposit more that Rs49000.00 cash in one particular day otherwise banks ask for further details of income etc, etc..

Later after raising this matter further with Girish, I was given an online meeting details on fuse so that I can clarify if I want to clarify this matter further but I never received any official donation receipt or any photos from Varanasi as promised by Varun Gupta & Anurag over the phone.

After two days of chase I received a wahts up message that Rs. 49000.00 were received into Preety's account.

Till date Varun Gupta failed to make ANY effort to clarify this unaccounted donation received by him rather it seems to me that he is avoiding this matter including me personally on all fronts i.e. social media etc.

I may be wrong and my observations may be wrong - I am not trying to judge any ONE person here. All I want to REQUEST you is that please chase this tail so that we can find out if there are any MORE similar anomalies in FUNDS transferred to personal accounts.

Regards,

Rajeev Bajwa

[Note: This email describes a donation clearly made against the advice of AAP leaders. It is also written after the current crisis in AAP emerged and as such, I see this more as a complaint of misdeeds by rogue volunteers/workers than an allegation on the party itself.]