Subject: MATTERS PERTAINING TO THE FORTHCOMING GENERAL ELECTIONS IN 2024
Respected Rashtrapati-ji,
Respectful Greetings to the Supreme Commander of India’s Armed Forces from an Indian Armed Forces Veteran, who took oath on the Constitution of India, 62-years ago in the august presence of the President of India, (then) Dr.S.Radhakrishnan.
I write with a sense of great urgency on the subject of this letter, and would like to place some matters before you, for your most urgent attention as the Head of State of our Republic.
Electoral Bonds
The Hon’ble Supreme Court of India (SCI) has ruled that the Electoral Bonds (EBs) scheme brought into force by Government of India, is violative of the Constitution. SCI directed State Bank of India (SBI) to place in the public domain, information including the names of donors and funding sources of EBs by 06 March 2024. However, on 04 March, SBI requested time until 30 June 2024, by which time the elections will be over, and the Hon’ble President of India would have appointed India’s 18th Parliament and a new union government.
SBI’s request for time is based upon its averment that the EB data is held in hardcopies, and manual collation of data needs to be done. With India’s present advanced technological capabilities and competence, and the digitization of banking operations over the past many years, SBI’s averment is completely implausible. It is reportedly being questioned before the SCI. It is not irrelevant to mention that SBI’s averment in open court, makes a laughing stock of India in the international banking system and the international community, even while India seeks a permanent seat in the UN Security Council.
But more specifically, serious doubts arise on whether vested interests involving electoral success are behind SBI’s move to delay providing information as directed by SCI. Also, not making information of donations to political parties available to the voters, is to deny voters their fundamental right to information which will influence the way in which they will cast their votes.
EVMs for polls
There are serious doubts about basing election results upon the votes cast using EVMs, because of the possibility of these machines malfunctioning or being manipulated by vested interests. Indeed, it is reported that around 19-lakh EVMs are missing, unaccounted for, and the Election Commission of India (ECI) remains silent on this crucial matter, which impacts the conduct of free and fair elections.
It is well known that developed countries which used EVMs for their elections, have discontinued their use, because the serious technical and operational deficiencies inherent in the deployment of these machines, can vitiate the electoral process itself. The deficiencies include vulnerability to clandestine manipulation of the EVM hardware or software during manufacture, or even later during deployment.
Some may claim that India-manufactured EVMs are better than those of the developed countries. Even assuming for a moment that is so, we need to note that the manufacturers of our EVMs – Bharat Electronics Ltd, Bengaluru, and Electronics Corporation of India Ltd, Hyderabad – have Directors on their management bodies, who are members or affiliates of the ruling party of the union government. [“Ex-Govt official sounds alarm: BJP members on EVM manufacturer board; exposes potential EVM tampering; Opposition leaders ask ECI for urgent action“; <https://indiatomorrow.net/2024/02/05/ex-govt-official-sounds-alarm-bjp-members-on-evm-manufacturer-board-exposes-potential-evm-tampering-opposition-leaders-ask-eci-for-urgent-action/>; February 5, 2024]
Thus, there is widespread apprehension that elections based upon EVMs are unlikely to be fair, and worse, may not be seen to be fair.
The Election Commission of India
According to the “Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023”, the 3-Member Panel which selects Election Commissioners has a union cabinet minister in place of the Chief Justice of India (CJI), who was a member earlier. Undeniably, government will always have a two-against-one say in selection. While no doubt this law was passed in Parliament and approved by the Hon’ble President of India, the exclusion of an independent member on the Panel and inclusion of a member who cannot be said to be independent, makes a citizen wonder about the intention of the law. Such a doubt does not speak well for the even-handedness of the present union government, regarding the conduct and administration of elections by the ECI.
Reportedly, Election Commissioner Shri Arun Goel, whose tenure of duty ends in 2027, has prematurely resigned from his post. This unfortunate occurrence, especially when our general elections are just weeks away, will inevitably hamper conduct of free and fair elections by ECI. Rather than refusing to accept his resignation, government has notified his resignation.
Election Commissioner Shri Arun Pandey had retired on 14 February 2024, and with the exit of Shri Arun Goel, the ECI has only Chief Election Commissioner Shri Rajiv Kumar remaining, to conduct the general elections and the other functions of the ECI.
Of course, government may select and appoint two Election Commissioners according to the new law, but without raising any whisper of doubt on their personal or professional integrity, it is grossly unfair on the individuals so appointed, to expect them to learn their onerous duties and responsibilities, to meaningfully conduct free and fair elections in May or June 2024, and also carry out the other functions of their post.
Thus, even with appointment of two new ECs, ECI is effectively a one-Member (CEC Shri Rajiv Kumar) organization, which cannot reasonably do justice to the onerous task of conducting free and fair general elections of the world’s largest democracy. India’s voters should not be obliged to make do with an ineffective ECI, for the general elections, if conducted in May-June 2024. It is pertinent to note that there are no officials of the integrity, capability and stature of Late Shri T.N.Seshan, who was CEC from December 1990 to December 1996.
Urgent request
In view of the undeniable negative synergy of the three foregoing matters, I earnestly request you, the Hon’ble President of India and Head of State of our Republic, to very urgently use your powers under the Constitution of India, to direct the union government to postpone the general elections for the 18th Parliament until:
1. After all the EB data required by Indian voters, are placed in the public domain in all the languages of the Eighth Schedule, in the interest of free and fair elections.
2. EVMs are replaced by paper ballot processes, for conduct of free and fair elections.
3. The ECI is fully and effectively prepared to efficiently conduct free and fair elections.
With respectful regards, yours faithfully,
Major General S.G.Vombatkere (Retired)
