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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.

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Nothing says insecure as various party handles tweeting to publicly remind leaders that they could face action if they make public statements. Aam Aadmi Party successfully made the transition from Aam Aadmi party to Arvind ke Aadmiyon ki Party in terms of control over party, yet the victory sounds precarious. Volunteers and leaders continue to speak against party. They don't have the power to reverse the change, but they are making the choice to not reconcile with it. It will be a while before the noise dies down. Even after the noise dies down, the dissent will be a ticking bomb waiting to flare at inconvenient times.

The perpetrators got away with the breach of trust, but they probably did not plan on having to live with the consequences of it.

In the US, when racist George Zimmerman got away with shooting dead black Trayvon Martin in cold blood, there was widespread anger against him. He escaped punishment, but he was widely reviled. Alexander Frazer wrote a letter that went viral:

Dear George Zimmerman,

For the rest of your life you are now going to feel what its like to be a black man in America.

You will feel people stare at you. Judging you for what you think are unfair reasons. You will lose out on getting jobs for something you feel is outside of your control. You will believe yourself to be an upstanding citizen and wonder why people choose to not see that.

People will cross the street when they see you coming. They will call you hurtful names. It will drive you so insane some days that you'll want to scream at the top of your lungs. But you will have to wake up the next day, put on firm look and push through life.

I bet you never thought that by shooting a black male you'd end up inheriting all of his struggles.
Enjoy your "freedom."

Sincerely,
A black male who could've been Trayvon Martin

Aam Aadmi Party's insecurity today reminds of that letter. They may have won, but they can no longer trust their leaders and supporters with the confidence they did last month. The party high command will be forced to shrink into itself and maintain higher secrecy to prevent exposes by volunteers. They will not be able to trust volunteers to not stab them in the back.

Here are some of my tweets from this morning to Ashutosh who reminded party leaders again to not speak without being cleared by them.

 

(Note: "ghanta" was a technique popularized by AAP's social media in ridiculing political opponents. #GhantaAccheDin for example)

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Aam Aadmi Party ferried volunteers by buses to the National Council meeting. These would be the volunteers used for heckling Prashant Bhushan, Yogendra Yadav, Prof. Anand Kumar and others.

[tweetthis]audio: AAP volunteer calls up helpline to ask about buses to ferry volunteers to NC meet[/tweetthis]

Message from volunteer who conducted the sting.

Yesterday I was tipped off by someone that AAP central team was sending "Observers" to MLA offices to talk to volunteers. The real reason was to ORDER MLAs to ensure they all got 1 bus full of people to the NC meeting with AK supportive banners etc.

Today, I was given a message with the HELPLINE number which turned out to be the Wazirpur MLA office number. Listen to the call and make your own conclusions.

So, while I don't support either of the crazed camps in this suicidal game being played with the HOPE of millions of Indians and lakhs of AAP volunteers I am also not happy that now AAP leaders are resorting to UNDERHAND tactics and using the same old methods of the very politics we came to change.

This is my intention behind doing this recording.

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AAP volunteer Milan Gupta has filed an RTI with the Election Commission and obtained the National Council Members list that Aam Aadmi Party should have published on their website and has not. Milan Gupta has made the list public.

Milan Gupta, a worker of Aam Aadmi Party has released the National Council member list that Aam Aadmi Party has not put up on its website and is calling out to supporters of Aam Aadmi Party to urge them to attend the National Council meeting and strive to save the party from its imminent sabotage. His video explains his credentials in the party (since anyone raising questions is termed as a BJP agent these days) and his message. The list follows below.

Making the AAP National Council official list public:Volunteers reveal what the office hides. ( http://goo.gl/4BIsLG )
______________________________

1) First image: is a scan of reply received from Election Commission asking the names of persons who came together to form AAP and AAP's date of formation.

(You should know that Article IV-F-a of AAP constitution mentions that "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.")

Reply received says: Date of formation is 24.11.2012 and the names of persons required are in 957 pages of records. It can be obtained on payment of Rs 1914/-.

2) Second image : is the bundle of 957 pages of certified records that I received from Election Commission today after the payment. You are free to inspect these records for yourself at my address.

3) http://goo.gl/4BIsLG : The list of National Council members culled out from these records is on this public link now. It contains 295 National Council members only.

These papers will also be kept in front of the venue of National Council meeting on 28th March for anyone to inspect.

Milan Gupta
306,Plot 39B, Santosh Apartments,
Sector 6, Dwarka,
New Delhi -75
Election Commission reply to Milan Gupta's RTI seeking list of Members of National Council
Election Commission reply to Milan Gupta's RTI seeking list of Members of National Council

List of names:

Name
Arvind Kejriwal
Pankaj Gupta
Krishna Kant Sevada
Yogendra Yadav
Shanti Bhushan
Yogesh Dahiya
Vishvas Kumar Sharma @ Dr Kumar Vishwas
Manish Sisodia
Prashant Bhushan
Naveen JaiHind
Kishor Asthana
Mehmood Khan
Shazia Ilmi
Surender Singh
Rahul Mehra
K K Niyogi
Surajit Das Gupta
Vinita Deshmukh
Ajit Jha
Gopal Rai
Sanjay Singh
Mayank Gandhi
Madhu Bhaduri
Tapan Misra
Sanjay Kansal
Hubung Payong
Somnath Bharti
Sharad Singh Kumre
Waman R More
Kamal Shrivastav
Dedhia Chandubhai
Pratyush Kumar
Deepak Sane
Shailendra Kushwaha
Ved Prakash Balryia
Preeti Sharma
Sanjay Babubhai Parmar
Sandeep Nagori
Indra Vikram Singh
Jai Prakash
Kiran Upkare
Ibrahin Alimuddin Khan
Subhash Ware
Shweta Agarwal
R C Pathak
Vilas Rajput
Yogesh Manikrao Kanekar
Savarkar Ambrish
Rajesh Kumar Pugliya
Devendra Chandrasen Wankhede
Prafful Vora
Vidyadhar doshi
Nidhi Chandresh Trivedi
Vithal L Satav
Dr. Girdhar S Patil
Chandrakant Suvama
Neeta Sukhatanker
Vijayshree Khanivadekar
Ravi P Srivastava
Thakar S Bhaviben
Akshay Hunka
Manju Jain
Jagdish Parmar
Prahlad Pandey
Vinay Kadam
Bipul Dey
Alpana Malik
Mohammad Azad
Arun Kumar
Chandra Kala
Rajender Pal
Gopal Mohan
Aruna Singh
Shimla Shri
Archana
Dr. Mahesh vikram Singh
Vishal Sharma
Yogesh Kumar
Gyanendra
Iliaz Azmi
Yogesh Kumar S/o Sh Anand
Vaibhav
Satyendra
Sudhir Bhardwaj
Araresh Bajpai
Gaya Singh
Amarendra
Omendra Bharat
Moolchand
Sharad Raghuvanshi
Mehek Singh
Neena Jain
Manoj S/o SoorajBahn
Dr. Prem S Pahari
Ashwini Kumar Upadhyay
Ram Sumer
Dr. Atul Gupta
Cap. Srinivasalu Mekala
Pranjal Bordoloy
Anupama Sethy
Ratilal S Desai
Kishor N Desai
Parmar Pitambar
Mukesh Phoolchand Kothari
Gurpreet Singh Uppal
Sameer Sharma
Namrata Sharma
G Ranjith Kumar
Dr. R C Jaggi
Krishna K Solanki
Deep
Basant Hetamsariya
Rajendri w/o Tara Chand
Desh Raj
Sandeep Sandal
Salil Kumar
Hesamuddin Ansari
Dhiraj Kumar
Dharmendra Kumar
Anand Kumar
Suryadeb Pra Singh
Manjul Mayank Srivastava
Pradeep Kumar Singh
Dinesh Kumar Singh
Sunil Kumar Chipde
Neeraj Kumar
Rajendra Paswan
Ramnath Singh
Anup Singh
Rahul Gupta
Angesh Kumar
Gourav Singh
Sarita Singh
Kuldeep
Sushil Chauhan
Ruchika Manaktala
Ravi Shankar
Avinash Kumar Singh
Kuldeep Mudgil
Praveen Deshmukh
Maqsood Ul Hasan
Mohinder Goyal
Gobind Ram Choudhary
Shashi Kant Kumar
Shaleen Mitra
Madhuri Kashyap
Suryakant
Anil Kumar
Mohit Sharma
Shri Bhagwan
Kamlesh
Sakshi
Rajnish Verma
Neha
Munindra Singh
Satish Pandey
Ramniwas Gupta
Praveen Kumar Gupta
Narender Rathi
Sahajanand Rai
Rajesh Rishi
Omkar Shukla
Krishan Kumar Yadav
Jitendra Sharma
Nirupama Singh
Dimple Solanki
Bandana Kumari
Rajeev Kasewa
Ameek Ahmed
Dr. M. H. Ghazali
Rajesh Sharma
Asna Nausheen
Surinder Kumar
Devendra Sehrawat
Lenin
Praenjit Chakraborty
Harish Chandra Mane
Ajay Saxena
Ramesh Chandra
Anand Kumar Samal
Sayantan Panda
Narayan Manjhi
Diptiman Chattopadhyay
Chandra Mohan
Jahir Hussain
Upendra
Satish Sharma
Mohan Prasad
Rajesh Sharma
Narendra Singh
Christina Samy
Dhanada Kanta Mishra
Sumit Bhattacharjee
Prince Kumar Pathak
Krishna Moorthi
Harjot Singh Bains
Baljit Singh
Bhupendra Singh
Shahnaz Akhtar
Ramesh Kumar
Rajesh Jakhar
Dharam Veer Singh
Rajeev Godara
Lalit Kumar
Gurnaam Singh
Kuldeep Singh
Madan Puri
Ramjan
Sarita Oswal
Shankar Soni
Kirti Pathak
Gopi Lal
Prahlad Singh
Dr. Rakesh Parikh
Kuldeep
Prashant Kumar Ranasingha
Vijay Singh
Jafruddin
Sunil Agiwal
Ashok Talwar
Naveen Jeratha
Harinder Singh
Pawan Kumar
Ashawant Gupta
Shailendra Kumar
Ashok Kumar
Budha Nilesh Kumar
Naveen Kumar Mishra
Dalip Singh
Shivender Pratap Singh
Yusujaypehan Impiyakhan
Ratnesh Gupta
Rajesh Omprakash Mittal
Rajesh Mehta
Ashutosh Dutt
Ashish Garg
Anandaganeshan
Aravind Anand
Ashok Aggarwal
Anjali Damania
Avinish Sinha
Ankit Krishna Lal
Banamwar Sahu
Chegena Jee Chandra Sekhar
Dinesh Babulal Vaghela
Diwan Singh
Deepak Raj
Dilip Kumar Pandey
Durgesh Kumar
Gaurav Singh
Gunjan Kumar
Kuldeep
Kamaraj
Mamta Patra
Mangesh Dayaneshwar
Maruti Bhapkar
Manju Devi
Nishikant Mahapatra
Naresh Sharma
Naushar Ali
Naved
Narendra Kumar
Pawan Kumar
Pawan Kumar Pandey
Prithvi Reddy
Prabhakar Thyagrajan
Prashant
Praveen Kumar Gupta
Rahul Pandey
Ranjan Kumar Sahu
Rakesh Kumar Sinha
Raj Kumar Mishra
Sudesh Kumar Verma
Shailender
Subodh Sethi
Sanjeev Kumar Singh
Satish Pandey
Shyam Kumar
Sharwan Kumar
Sushil Kumar Kasyap
Siddhartha Sharma
Vinod Fotedar
Valmiki Nayak
Vipin Mittal
Vivek
Virendra Singh
Vandana
Vicky Sharma
Vikas Pandey
Laxman Singh
Manish Kumar
Abid Ullah Khan
Peeyush Nashine
Dinesh Mohaniya
Deepak Sarin