March 26, 2009
To
The Chief Election Commissioner
Nirvachan Sadan
Subject: Our demand for measures against violation of Article 326 of the Constitution of India
Sir,
We desire to draw your attention to continuous and unrestrained violation of Article 326 of the Constitution of India, in all the elections in the northern region of West Bengal in particular, obviously due to participation of Indo-Nepal Treaty beneficiary Nepali Nationals in India, whose presence is so conspicuous in the linguistic break up of census reports from 1951.
We drew your attention to this legal anomaly many a times in the past, but we are yet to receive any response.
This time again with the Loksabha Elections knocking at the door, we remind you to take measures so that violation of constitution can be prevented.
Thanking you in anticipation.
Yours faithfully
Sd/-
President
President
JANA CHETANA
Copy to:-
1. Chief Electoral Officer
2. District Magistrate
3. District Magistrate
Jalpaiguri
4. Sub-Divisional Officer
Siliguri
April 02, 2009
To
The Chief Election Commissioner
Nirvachan Sadan
Subject: Violation of Article 326 of the Constitution of India in the elections at Terai, Dooars and Darjeeling
Dear Sir,
We desire to draw your attention to the fact that we had been time and again trying to apprise you about flagrant violation of Article 326 of the Constitution of India in all the elections at Darjeeling, Terai and Dooars of the state of West Bengal, obviously due to participation of Indo-Nepal Treaty (1950) beneficiary foreigner Nepali Nationals in the state elections.
Just after the announcement of present parliamentary election, we wrote a letter to you on the same issue (dated March 26, 2009), observing your rehectance to take measures we can not but apprise you that in the court of law the Election Commission and the Chief Election Commissioner will remain answerable in future for not acting against violation of Constitution.
Thanking you,
Yours faithfully
Sd/-
President
President
JANA CHETANA
Copy to:-
1. Chief Electoral Officer
21 N. S. Road, Kolkata 700001
2. District Magistrate
Darjeeling
3. District Magistrate
Jalpaiguri
4. Sub-Divisional Officer
Siliguri
April 4, 2009
To
The Chief Election Commissioner
The Election Commission of India
Ashoka Road
New Delhi-110001
Subject:- Violation of Article 326 of the constitution of India in Parliament, Assembly and Panchayat Elections of India in general and Darjeeling and Jalpaiguri Districts in particular.
Dear Sir,
Further to our discussion with Shri Sarat Mishra representative of Election Commission, Siliguri on 2nd April 2009, we take the opportunity of furnishing following informations for your kind perusal and action.
1) That after commencement of constitution of India (26.1.1950) the same defines Indian citizens at the commencement of constitution (vide part II, Article (5)). We understand there remains no ambiguity in defining a citizen and non citizen. [Annexure I]
2) That the Indo Nepal Treaty was signed (July 31, 1950) as an agreement advocating an open border policy toward good neighboring relations but limited to civic and economic rights of migrated Nepali national in India. and certainly not conferring political rights to such migrants. [Annexure II]
3) That every soldier recruited in 1st, 3rd, 4th,5th,8th, and 9th Gurkha Regiment under Nepal- India-Britain tripartite agreement (1947) is a Nepali citizen and hence they and their progeny can not have voting right in India. [Annexure III]
4) The Gazette Notification of Govt. Of India, Dated 23rd August 1988, No 2600 11/6/88 I.C.I clarifies citizenship of a class of people known as Gorkhas at the commencement of constitution (26.1.1950). [Annexure IV]
5) According to 1951 census report the number of Nepali speakers in Darjeeling district was 88,958. [Annexure V]
6) According to 1961 census report number of Nepali speakers in Darjeeling district rose to 3,59130. (314.95% growth in a decade). [Annexure V]
7) That the abnormally high rate of growth amongst the Nepali speakers in India is by migration of Nepali national from Nepal to India (Exogenous growth). [Annexure VI, VII, VIII]
8) Recent All India growth of Nepali speakers were as high as 52.62% (1981-1991), 38.29% (1991-2001). [Annexure IX]
9) Article 326 of the constitution of India expressly mentions that the right to be registered as voter shall be with the citizens of India only. [Annexure X]
10) The facts stated in the foregoing paragraphs leave no reasonable doubt that the migrants from Nepal by virtue of Indo-Nepal Treaty have resorted to means foul and unfair to clandestinely enroll themselves as voters in many constituencies in the region. This is a clear violation of the constitutionals provisions under article 326, in which not only the migrants and also the administration and Election Commission should bear the guilt. Mr. Subhash Ghising, President Gorkha National Liberation Front in a letter addressed to the Chief Election Commissioner dated 18.7.91 clearly corroborated the above statements. [Annexure XI]
We are surprised that neither the administration nor the Election Commission is aware of this silent invasion of foreign nationals violating the whole electoral process. Time and again we have been trying to apprise you about these discrepancies and asked for taking remedial measures to prevent such violation of constitutional provision.
This time again we are ending up with the hope the Election Commission being a constitutional body will take immediate measures to prevent this violation of electoral process. Thanking You.
Yours faithfully
Sd/-
President, Siliguri Unit
For Jana Chetana
President, Siliguri Unit
For Jana Chetana
Enclosed Annexure as stated (11 numbers)
January 07, 2011
To
The Chief Election Commissioner
Nirvachan Sadan,
Ashoka Road,
New Delhi 110001
Subject: Violation of Article 326 of the Constitution of India
Dear Sir,
We desire to draw your attention to the fact that an uncountable number of Nepalese and Bhutanese citizens had been included in the electoral roll of India. In this regard, you may be aware of, citizenship by birth is not applicable for the above mentioned citizens as per the Extra Ordinary Gazette Notification of 23rd August, 1988 of Govt. of India.
In addition to the above, it has also came to our notice (from unofficial source) that a very large number of the said foreigners had included their names as son or daughter of such person whose name is already in the electoral roll. After few years they are applying for rectification and changing their parents name.
We had been again trying to apprise you about flagrant violation of Article 326 of the Constitution of India in all the elections at Darjeeling, Terai and Dooars of the state of West Bengal, obviously due to participation of Indo-Nepal Treaty (1950) beneficiary foreigner Nepali Nationals in the state elections.
In past few years, we wrote you several letters to you on the same issue, observing your rehectance to take measures we can not but apprise you that in the court of law the Election Commission and the Chief Election Commissioner will remain answerable in future for not acting against violation of Constitution.
Thanking you,
Yours faithfully
Sd/-
Gen.Secretary
For - JANA CHETANA
Gen.Secretary
For - JANA CHETANA
Copy to:-
1. Chief Electoral Officer
21 N. S. Road, Kolkata 700001
2. District Magistrate
Darjeeling
3. District Magistrate
Jalpaiguri
4. Sub-Divisional Officer
Siliguri
No comments:
Post a Comment