Full text of Congress’ memorandum to EC accusing BJP of creating 60 lakh fake voters

MEMORANDUM

Date: 03/06/2018

TO,

CHIEF ELECTION COMMISSIONER

NIRVACHAN SADAN,

ASHOKA ROAD,

NEW DELHI -110001

SUB : DUPLICATE, REPEAT, MULTIPLE, ILLEGAL, INVALID, FALSE ETC. ENTRIES/VOTERS IN THE ELECTORAL ROLLS OF MADHYA PRADESH, FOR ASSEMBLY ELECTIONS, 2018.

REF : CIRCULAR NO. 23/LET/ECI/FUNC/ERD-ER/2018 DATED 7TH MAY 2018 OF ELECTION COMMISSION OF INDIA REGARDING THE 2ND SPECIAL SUMMARY REVISION OF PHOTO ELECTORAL ROLLS W.R.T 01.01.2018 AS QUALIFYING DATE.

Sir,

With regard to the subject matter we bring to your kind notice the mass duplication of entries/voters in Electoral Rolls in Madhya Pradesh. In view of the General Elections to the Legislative Assembly of Madhya Pradesh 2018 (hereinafter referred to as ‘Assembly Elections’) and with reference to the 2nd Special Summary revision of photo Electoral Rolls notified through your good offices’ letter NO.23/LET/ECI/FUNC/ERD-ER/2018 dated 07.05.2018 (hereinafter referred to as ‘Circular dated 07.05.2018’), it is imperative that electoral rolls w.r.t 01.01.2018 as qualifying date. (hereinafter referred to as ‘Electoral Rolls’) are scrutinized and modified under prevailing laws and various instructions issued by your good offices are implemented in letter and spirit, in order to ensure a free and fair election in the upcoming Assembly Elections.

MPCC has recently raised concerns qua electoral rolls before your good offices, as a matter of fact vide memorandum dated 17.02.2018 mass duplication and discrepancies in the electoral rolls (Mungaoli and Kolaras assemblies). Accordingly, your good offices duly acknowledged the concerns raised vide the said memorandum and deleted/corrected more than one thousand duplicate, illegal and invalid entries in the interest of democratic polity.

In light of past inconsistencies, MPCC’s various teams as well as independent researchers conducted a comprehensive and detailed scrutiny of the Electoral Rolls published and prepared (On 01.01.2018) for most of the assembly constituencies in Madhya Pradesh. It is stated that upon said analysis, alarming/shocking revelations have come to fore qua duplicate, repeat, multiple, illegal, invalid, and false entries/voters on a massive scale in light of para 10 of your good offices’ letter NO.23/LET/ECI/FUNC/ERD-ER/2018 dated 07.05.2018 and these predominant issues warrant your urgent attention. The analysis conducted by various team w.r.t constituencies on sample basis is illustrated bellow --

1. Removal of Repeat/Duplicate/Multiple/Demographically Similar Entries (DSEs) in Electoral Rolls – Para 10.1 of Circular dated 07.05.2018.

1.1 It is stated that thousands of instances of Repeat/ Duplicate/Multiple Entries/ Demographically Similar Entries (DSEs) are apparent in the Electoral Rolls, such irregularities and duplications include –

i. Electors having the same name, same relative name (father or husband name) and gender.

ii. Electors having the same name, same relative name (father or husband name), gender and same age.

iii. Electors having the same EPIC number.

iv. Thousands of photo duplications, meaning that the same photo has been used more than once in the same Electoral Roll.

v. Electors with one photo identification proof listed in Electoral Rolls of multiple polling booths with different photo identification numbers.

vi. Names of two to three voters added with the same photograph in Electoral Roll of many polling booths.

vii. Instances children ranging from 10 to 15 years have been added in the Electoral Rolls.

viii. Countless instances where photographs of voters are the same but the credentials including name, age etc. do not match with the photographs.

In view of the above Repeat/Duplicate/Multiple Entries/ Demographically Similar Entries (DSEs) in Electoral Rolls, for sample assemblies are tabulated below for ease of reference –

*Entries with same name, same relation and its name, same age (exact/plus/minus 1 year) in same constituency.

Entries with same name, same relative name (father or husband name), gender and same age (exact/plus/minus 1 year).

Lists of various assembly constituencies with Repeat/Duplicate/Multiple/ Demographically Similar Entries/Voters are enclosed and marked as Annexure –1 (Colly.) (CDs/Pen-drive/Hard disk/documents).

In view of the above Repeat/Duplicate/Multiple/Demographically Similar Entries/Voters in Electoral Rolls, for the ease of reference of your good offices a Presentation illustrating the aforesaid parameters is also annexed and marked herewith as Annexure A- 2.

1.2 Removal of Repeat/Duplicate/Multiple/Demographically Similar Entries (DSEs) in Inter-Assembly Electoral Rolls –Para 10.1(ii)(c) of Circular dated 07.05.2018-

It is stated that the teams have also comprehensively analyzed Electoral Rolls of adjoining assemblies including inter-state and intra-state. In view of the above, Repeat/Duplicate/Multiple/Demographically Similar Entries (DSEs) in Electoral Rolls, for adjoining assemblies on sample basis is tabulated below for ease of reference-

*(Entries with Same Name, Same Relation and its name, Same Age (exact/plus/minus 1 year) and gender in adjoining constituency.)

Further, it is stated that from our analysis/research that in bordering assembly segments many names of adjoining assembly segments of the other states are also present/added in the Electoral Rolls. Moreover, it is also stated that repeated/demographically similar entries of bordering/adjoining assembly segments of bordering states like Rajasthan, Uttar Pradesh, Chhattisgarh, Maharashtra and Gujarat are also prevalent and should be duly verified in order to ensure free and fair Assembly Elections in State of Madhya Pradesh.

Please find enclosed CDs with inter-assembly repeat/duplicate/multiple/demographically similar entries annexed and marked herewith as Annexure A-4

1.3 Removal of Repeat/Duplicate/Multiple/Demographically Similar Entries (DSEs) of permanently shifted and deceased electors – Para 10.2 & 10.3 of Circular dated 07.05.2018.

It is stated that on further analysis of the Electoral Rolls and on-ground sample survey by hardworking MPCC workers, it has come to notice that legitimate voters /entries have been wrongly removed on the basis of the elector being permanently shifted/deceased. Thus, it is imperative that Electoral Rolls must be duly verified and procedure for deletion under Para 10 of the Circular dated 07.05.2018 is implemented in letter and spirit in order to ensure free and fair Assembly Elections in State of Madhya Pradesh.

2. Increase in number of voters vis-à-vis population Madhya Pradesh-

It is stated that the analysis of count-wise or percent wise increase of voters/electors in the state of Madhya Pradesh (230 assembly constituencies) and its comparison with voter/elector count in 2013 - 2018 and 2008 – 2013 reveals high increase in voters vis-à-vis population. Chart elucidating the same is as under -

In view of the above, it is coherent that if voters/electors with birth year 1991-2001 will attain age of 18 years between 2008 – 2018, it can be reasonably expected that new voters added in the years 2008 – 2018 would be similar to the increase in population i.e 118,18,290.

However, it is shocking and alarming to see that increase in total number of voters i.e 1,45,13,404 (more than 40 % increase) is much more than the corresponding increase in population during 1991-2001 i.e 118,18,290 (24 percent increase) Therefore, this additional increase over and above the population increase i.e 26.95 lakhs of voters in the State of Madhya Pradesh seems inconceivable and incalculable.

Please find attached an excel sheet tabulating decadal increase in all 230 Assembly Constituencies of Madhya Pradesh for your kind perusal marked as Annexure A-5 (Population data from Census India website, Voter/Elector Data from CEO, Madhya Pradesh website)

In addition to the general growth of electorate, from perusal of the aforesaid Annexure A-5 the following can be observed regarding the assembly-wise growth of electorate-

1. Out of 230, there are 193 assembly segments where the decadal growth is more than 30 percent.

2. Out of these 193 seats 147 seats are primarily rural seats and this kind of increase in those rural seats is abnormal if we consider the increase in population.

3. 37 ST seats have seen more than 30 percent growth. These ST seats are rural seats and have seen high outbound migration in past few years. Such kind of growth is unusual in such assembly segments.

In light of such incomprehensible increase in number of voters/electors vis-à-vis increase in population, it is imperative for the Election Commission, as the watch dog of free and fair elections, to take immediate cognizance and direct that Electoral Rolls be scrutinized meticulously, and irregularities & duplications are removed from Electoral Rolls before the upcoming Assembly Elections in Oct. – Nov 2018.

3. MPCC has always raised serious concerns about ruling party’s clout in the state administration for manipulating electoral rolls by adding fake voters, adding names of same voters in multiple lists for casting bogus votes to influence the results of the elections and impeding genuine voters by striking off their names etc. It is unfortunate that even after raising concerns in the past, the requisite vigilance and caution was not maintained, culminating into thousands and lakhs of repeat/duplicate/multiple/demographically similar entries.

It is pertinent to submit that S. 21, S.22 and S.23 of the Representation of People Act, 1950 mandate procedures for the preparation and revision of electoral rolls, correction of entries in electoral rolls and inclusion of names in electoral rolls, in the prescribed manner, thereof. Further, it is also noteworthy to mention that under S. 32 of the Act, any breach of official duty in connection with the preparation of electoral rolls is punishable with imprisonment for a term not less than three months which may extend to two-year along with fine.

MPCC hereby requests the Hon’ble Election Commission in accordance with parliamentary and democratic traditions, to enquire into the irregularities and discrepancies; take strict and prompt action in the said matter against the concerned officials of the State Government & BJP leaders/office bearers for concerting a sustained effort to duplicate/manipulate the electoral rolls and for jeopardizing free and fair Assembly Elections in the State of Madhya Pradesh.

In light of the above provisions of law and Circular dated 07.05.2018, MPCC hereby requests the Hon’ble Election Commission to ensure that the process of Summary Revision of photo electoral rolls w.r.t 01.01.2018 as qualifying date is executed thoroughly and meticulously to remove all repeat/duplicate/multiple/demographically similar entries before the final publication of Electoral Rolls. Further, it is submitted that there is absolutely no scope for error in an exercise so fundamental to the practice of free and fair elections.

Further, it is appreciable that your good offices have proposed pre-revision activities in addition to revision process. With a view to supplant directions issued vide Circular dated 07.05.2018 issued by your good offices regarding the 2nd Special Summary Revision of photo electoral rolls w.r.t 01.01.2018 as qualifying date, MPCC hereby requests the following specific directions may be issued -

1. That assistance of political parties and BLAs to be appointed for revision process may be sought for pre-revision activities also.

2. That BLAs should be allowed to assist in pre-revision activities to make sure that major sanitization of electoral roll is completed before revision stage.

3. That along with draft publication of rolls on 30.07.2018, DEOs may be directed to furnish a certificate to the effect that all activities under pre-revision stage have been carried out in a complete manner.

4. Special Control Rooms should be made on district level whereby live monitoring of the pre-revision as well as revision activities may be carried out.

5. Further, the Special Control Rooms must receive information on mass reporting of repeat/duplicate/multiple/demographically similar entries from political parties and the same must be published on the CEO’s website.

6. Special External Observers should be appointed at Loksabha/District Level to monitor the Summary Revision process

7. Micro Observers should be appointed in all the assembly segments where more than 30 % increase in electors is registered in last 10 years i.e. between 2008 – 2018

8. Special Precautions should be taken in revision process where new townships/ colonies are coming up in semi-urban and urban assembly segments

9. BLOs should be instructed to check and verify that the names of the students residing in the hostels should not be included in the Electoral Rolls.

10. Special monitoring mechanism should be laid on removal of Repeat/Multiple entries and Demographically Similar Entries. All the National Political Parties should be informed on weekly basis about the status of identification of such kind of voters’ at least at District level.

11. Special monitoring should be done in cases where more than 10 voters are registered on a single house number or in a single family.

12. All the names of the family members should be verified where duplicate/suspicious voters are found in the present Electoral Rolls and special arrangements should be made to monitor such families

13. In bordering assembly segments we have observed that many names of adjoining assembly segments of the other states are also present/added in the Electoral Rolls of Madhya Pradesh. In such cases repeated/demographically similar entities of bordering/adjoining assembly segments of bordering states like Rajasthan, Uttar Pradesh, Chhattisgarh, Maharashtra and Gujarat should also be analyzed.

It is pertinent to reiterate that Election Commission is the watchdog of free and fair elections and is duty-bound to circumvent the pressure from the ruling party and ascertain that the Electoral Rolls provided durinhe ensuing elections are not fake, bogus, inconsistent and free from duplications in order to uphold the democratic sanctity and fundamental rights of the voter.

The sanctity and purity of elections is the fundamental basis of a democracy. The Election Commission as the watch dog of free and fair elections is duty bound to take immediate cognizance and direct that Electoral Rolls be scrutinized meticulously and irregularities & duplications are removed from Electoral Rolls.

PRAYER

1. We hereby seek the following directions from the Hon’ble Election Commission -
2. 1. To take all such actions as may be necessary and required in law including direction to remove all repeat/duplicate/multiple/demographically similar entries in Electoral Rolls of all 230 Assembly Constituencies of Madhya Pradesh;
3. To issue specific directions as sought at Para 3 to supplant Circular dated 07.05.2018; and as are necessary in law for holding a free and fair elections to the Legislative Assembly of Madhya Pradesh;
4. To take all such actions as may be necessary and required in law including direction to state electoral authorities including the CEO, DEO and others to implement the directions issued vide Circular dated 07.05.2018 in letter and spirit;
5. To take all such actions as may be necessary and required in law including direction to issue colored photo electoral rolls to MPCC.
6. To take all such actions as are necessary in law for holding a free and fair elections to the Legislative Assembly of Madhya Pradesh;

Yours truly,

Enclosed as above

Though, it is reasonable that in some Urban Constituencies like 210 - Rau, 208 - Indore-5 or 155-Huzur, the increase may be attributed to factors like migration but in rural constituencies the increase is a bit alarming and the same is required to be scrutinized and proper pressure must be mounted on the Election Machinery of the State for rectification of the same.