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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,

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.

2

tr.v. blind·sid·ed, blind·sid·ing, blind·sides. 1. To hit or attack on or from the blind side. 2. To catch or take unawares, especially with harmful or detrimental results

Too much of a good thing, as the idiom goes, is bad. Excessively bright light can be more blinding than pitch darkness. The glare of the limelight, another popular adage, often hides smaller events in its daylight. Which is all to say by way of saying that democratic India has just (re)discovered the blinding effect of big numbers, even if in a relative sense. Take, for one example, 282 out of 545. Take, for another, 67 out of 70. Within the range of statistics thrown up by Indian politics, these are staggering numbers, even historic ones.

So what’s wrong with that? In one word: everything. Among the oft-touted clichés in India is that of the country being a plural democracy, of there being unity in diversity. But suddenly two elections have thrown up scarcely believable numbers. Admittedly, in the run up to the Lok Sabha elections there was hardly any credible opposition to the heavily PR-reliant campaign of Narendra Modi, but even the most clued in observer did not see such a massive mandate coming.

A virtual retake has just played out at the Delhi Assembly Elections, with the Aam Aadmi Party railroading all political opposition into virtual oblivion and winning a mandate that has left even their supporters bemused. Speculations of political hara-kiri by opponents abound now as well as they did during the Lok Sabha elections. Indeed there are some indicators of grave miscalculation, such as the drafting in of Kiran Bedi as the BJP’s potential CM candidate. Even so, the numbers are frightening.

The first question is, rather obviously, that of the health of our democracy. Does an absolute mandate truly imply that all voices speak as one? Or does it mean there are political manipulations beyond the comprehension of the average voter? The former cannot be seen as a good thing, even if it sounds cynical to see it as herd mentality than true consensus. The plurality and diversity of India have always ensured that one man’s Peter is another’s Paul, to mix metaphors. For everyone to see a messiah in one political choice is, at least for me, a hard fact to digest.

There are other voices that have addressed the latter question of political conspiracy, see, for instance, this piece by @Vidyut. I have already ranted on the existence of a “Bhangress” a seamless political unit manifesting partly as the Bharatiya Janata Party and partly as the Indian National Congress, which are in turn controlled by such capitalists as the Ambanis. A cartoon in The Hindu prior to last year’s Lok Sabha elections had shown Mukesh Ambani holding the strings of two puppets representing Rahul Gandhi and Narendra Modi. The only question is whether the Aam Aadmi Party is/can become an extension to this amorphous political monster, allegations against the Ambanis by Arvind Kejriwal notwithstanding. This premise has gained fodder with the recent dismissal of Yogendra Yadav and Prashant Bhushan from the AAP’s Political Affairs Committee in a move that seemed to have the tacit approval of Kejriwal himself. The Party’s upcoming National Council meeting might be the last word on its future, and it remains to be seen whether the coterie around Kejriwal, which is being accused of conspiring to commandeer power within the AAP, will result in the de-democratization of the Party, the efforts of volunteers notwithstanding.

Even assuming this does not come to pass – that Kejriwal’s AAP does represent, and continues to be, a reasonably honest political alternative, the teetering of electoral figures from one extreme to another suggests a deeper and more devastating malaise: a total political vacuum. This swing from voting en masse for the BJP to literally handing the town keys to the AAP is only a real life running from pillar to post by a frustrated and impatient electorate that wants to see change happen and preferably happen yesterday.

When the AAP first seemed poised to become a political entity of some reckoning, I had mused whether its failure to do so would see a return to type by those that had supported and elected it, i.e. would they go back to their candle-light dharnas at India Gate? That question still stands, if more nakedly now - if the AAP fails to deliver on even a fraction of their promises, will “India’s teeming millions” finally confront the problem they’ve been hiding under the limelight for so long? Will they finally fess up to their lack of imagination in choosing to pass the buck rather than find solutions until there is no one to whom the buck may be passed?

It is interesting to note the insistence by Kejriwal, at least at one point, upon understanding the notion of Swaraj, which may be translated without loss of meaning as self-governance. There is, of course, a delicious irony in choosing a government to help you self-govern, especially if one comprehends self-governance in the literal, individual sense rather than the collective sense of a citizenry. Swaraj, for me, does not equate with the political right to self-determination as a citizenry. In the Gandhian sense (which I hope I have understood correctly), the term refers to adopting a lifestyle that imposes on another life in the least manner possible while working to create a greater whole cohesively.

Perhaps Kejriwal hopes that the citizens of India will eventually become harmoniously functioning individual cogs within the interlinked machinery of society. But is he prepared to acknowledge that living breathing cogs are more likely to be anarchic rather than continuously operate under the guidance of a greater will, for the supposed greater good? Without even debating the patent absurdity of society as a machine, it remains to be seen whether the victory in 67 out of 70 assembly seats is indicative of Delhi’s citizens choosing to be such cogs, in the hope of, so to speak, a better life in a better city.

the following is a mail sent by an AAP Volunteer, whose name is deliberately undisclosed.

Hello All,

AAP Volunteers are running a national calling campaign and talking to NC members.

WHY?

(1) We decided not to rely on news and learn what the problem is from AAP
(2) We want to learn about the Real Issue at hand
(3)  We want to convey our voice
(4)  #BelieveInParticipatoryDemocracy  and work towards #United AAP

So, in the process we learnt several things. One important thing was that quite a few NC members HAVE NOT received the 28 march NC meeting invitation. While a few e-mail IDs in the EC list of NC members were outdated, there are other IDs that are current and haven't received the invitation. On their request, I am sending out a copy of the "official email" that was sent out.

I request the national secretary to take note and initiate corrective measures. As per AAP's constitution, members are to be notified of NC meeting at least 21 days in advance. I urge all NC members to attend the meeting on 28 March.

Reproduced below is the official email that was sent on March 7, 2015:
***************************************

Dear National Council Member,
Aam Aadmi Party

Subject: Notice for National Council Meet, Aam Aadmi Party

This is to inform that next National Council meeting will be held on
28th March 2015 in New Delhi. Venue will be intimated at a later date.

Proposed Agenda for the NC Meeting on 28th March, 2015 is as follow:
.  Till 10.30 am Registration
.  Welcome address by National Convener
.  National Secretary’s Report
.  National Treasurer's Report
.  Report on Delhi Elections and Update on Delhi Government
.  Current Organization status / MV
.  Lunch
.  Suggestions by the NC members on Delhi Government and Organization Building
.  Open house on Land Acquisition Bill
.  Any other Agenda by permission of Chair
.  Address by National Convener
.  Vote of Thanks

Regards,
Pankaj Gupta
National Secretary
Aam Aadmi Party
Delhi, 7th March 2015
**********************
NB: The official email copy was received from volunteers

I think the Aam Aadmi Party is an interesting experiment in democracy and self-rule. Last time the Aam Aadmi Party formed its minority government, I had tracked the concrete changes it brought about. This time, with a full government, the anticipation is that they will be able to do a lot more. I plan to record these, so that they serve as an interesting snapshot of what was done, and if impressive, a reference for what is possible.

Some actions trickling in already, so beginning recording from the 11th of February 2015 itself - the day after the elections.

11th February 2015 with AAP

Kejriwal handovers AAP’s manifesto to Chief Secretary Delhi govt, DM Spolia and asks for ppt presentations from various departments by 19th

 

There are no MLAs with serious criminal cases in Delhi

A report by the Association of Democratic reforms says that there are no MLAs with serious criminal cases in Delhi. Association for Democratic Reforms tracks and analyzes the information provided by candidates in their election affidavits and provides analysis to enable more informed voting. Read the full report - Analysis of Criminal and Financial background details of winners in Delhi Assembly Elections 2015