Indur K Chhugani,
501/ 502, Pinky Panorama,
6th Road, Khar W,
Mumbai 400 052.
dt 14th April 2009
Mobile: 098201 71571

To,
Chief Election Commissioner of India,
ELECTION COMMISSION OF INDIA,
Nirvachan Sadan, Ashoka Road,
New Delhi – 110 001.


Subject: Demand for justice against rejection of my nomination paper by the Returning Officer illegally for Mumbai North-Central Constituency.


Respected Sir,

My Nomination form was rejected by the Returning Officer on 11.4.2009, for Mumbai North-Central Constituency, illegally citing a frivolous reason.

During scrutiny I was seated in the 1st row, facing the Returning Officer Mr Mahendra Warbhuvan, when my form came up for Scrutiny, I heard the officer telling the Returning officer that this candidate has left the first column blank, where it should have been entered “Mumbai North Central”. I immediately requested to be allowed to enter the 3 words in the first line. Also I pointed out that both my affidavits clearly state that,( attached Copy of affidavit as Annexure A ) I am contesting from Mumbai North Central Constituency and the very fact that I filed nomination before him on 5th Floor of the Adminstrative Building reconfirmed that fact, as he was the Returning officer of ONLY the Mumbai North Central Constituency and pleaded, it was only a minor clerical error. However the Returning officer declined to allow me to enter the 3 words “Mumbai North Central” and wrote down the Order immediately and declared “I have already passed the order rejecting your Nomination, you can approach the Court”.

None of the other candidates or their representatives objected to my plea, to being allowed to enter the 3 crucial words “Mumbai North Central”.


Immediately after the process was over, for all candidates, I demanded to know, under what law my nomination was rejected and I was shown, a single highlighted line in para 9.6 on page 66 of the returning officers handbook. I pointed out to the last 3 lines at the end of the para, which read as “These are just illustrative examples. You should thoroughly check facts of each case with your understanding of legal provisions and judicial decisions on the matter and decide accordingly”. I was told by the Returning officer, that “I have already passed the order and only remedy you have is to file a election petition in the High Court”.

Thereafter at 12.30 pm on 11.4.2009 I made an application, for a certified copy of the order, to enable me to move the High Court immediately. However I was made to wait till 5 pm and finally told to come back on morning of 13.4.2009. On Monday morning at 10.15 am I sent SMS to the Returning Officer, to keep copy of the certified order copy ready. However when I went to the office of the Returning officer, I was kept waiting. I gave another application at 1 pm and then was finally given the “certified copy” of the order at 2.30 pm. It was too late, to move the court, as the final list of the candidates after allotment of symbols, was to be ready by 5 pm that very day. My application for certified copy, attached as Annexure B

The Rejection Order Reads “Since in the Parliamentary Constituency column, the candidate filing nomination has not mentioned the name of the Constituency, from which he intends to contest and since it’s a defect of substantial nature the nomination paper is rejected” … Xerox of Certified copy of order is attached as ANNEXURE C ( available at
http://www.RoguePolice.com/nomination/proof.htm )

The facts stated above show malafide and bias against me, for what reason, I am not aware, but it may be at the behest of some interested party, who does not want me to contest this election from this constituency.

I have consulted legal experts thereafter and discovered, there is no law under which my Nomination Form should have been rejected, as a matter of fact the Election Commission has issued a warning to Returning Officers, in the “Handbook for Returning Officers” under section 9.4 on page 65 “In the past, there were instances where nomination papers were rejected on flimsy grounds, e.g. for mistakes made in the nomination paper regarding; (a) the year of election, or (b) the exact name of the House of the Legislature or the constituency, (c) the description of an electoral roll number, or (d) the choice of symbols, or (e) some discrepancy between the age, name, or other particulars of the candidate or his proposer as given in the nomination paper and in the electoral roll and so on. Such unjustifiable and improper orders of rejection on technical grounds had led to a large number of election petitions and the eventual setting aside of several elections with consequent avoidable waste of time, money and labour for all concerned. Similar instances of improper rejections should not occur again”.

Further I was surprised to read in the Times Of India on 12.4.2009, that a Nomination Form of Mr Gajanand Kirtikar a Shivsena candidate from Mumbai North West, was cleared by the Returning Officer, at the same Bandra Office, being supervised by the same Central Observers, inspite of crucial signature missing from the Nomination Form, the order of Returning Officer as per Times of India report reads “In the order, the returning officer, Dr Ashwini Joshi said not filling up a form III A and III (D) and then not signing it is not valid grounds for rejection of nomination”. Now this is an error 100s of times more grave and falls under rule 10.1 (IX) and the Returning officer has no option but to reject the Nomination form, as stated in the “Handbook for Returning Officers”. Copy of Times report as Annexure D.

In view of the above, with a copy of this letter, I will try to meet Secretary And Chief Electoral Officer, Maharashtra, General Administration Department, 5th floor, Mantralaya, Mumbai-4000 32 and convince him, to include my name,as an candidate, even at this late stage in the forthcoming Elections to the Parliament, for which polling is on 30.4.2009.

Please note that if my grievance is not redressed immediately and the deliberate illegal action/mistake of rejecting my nomination form made by Returning Officer Mr Mahendra Warbhuvan is not rectified promptly, I reserve the right to file an appropriate petition in accordance with the law, to ask the court for countermanding the election of the Mumbai North Central Constituency.

Further please note that I reserve the right to challenge, the entire election process to this constituency and make the Election Commission and the Returning Officer Mr Mahendra Warbhuvan responsible as to the costs and consequences. Therefore I fervently appeal to you, to ensure that this Returning Officer does not dispose off his unmovable and movable assets, which are in his name or those in the names of his close family members.

I have much more evidence to prove, that since the the first day I stepped in his office on 9.4.2009, this Returning Officer was fully aware that I was a candidate for Mumbai North Central, or else he would have driven me out immediately and he has acknowledged that fact in numerous receipts, he has given me. Further all proceedings were recorded on video by the Election commission officials.

Trust justice will prevail,

Yours faithfully,


Indur Chhugani
Mobile 098201 71571

CC: 1. Secretary And Chief Electoral Officer, Maharashtra, General Administration Department, 5th floor, Mantralaya, Mumbai-4000 32.

2. The Central Observers, for Mumbai North Central Constituency, Election Commission of India, Bandra E.

 

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I can file "Election Petition" for setting aside the election for Mumbai North-Central, within 45 days after the election results are delared. My petition is almost ready, all that I am waiting for is, some documents from the Returning Officer, which I have demanded through RTI on 13.4.2009. As soon as we receive those documents, the Election Petition will be filed.

There is a need to wait for the election result. Election petition can be filed only after result is declared and someone is elected.

...Indur Chhugani

 
Comparison of 3 Candidates (though ony 2 left now) ... http://www.ikchhugani.com/candidat.htm
 
What have I done in last 4 years ... Goto ... http://www.RoguePolice.com/achievem.htm

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