Bahujan Samaj Party symbol war with Election Commission of India - Naresh Kadyan

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Bahujan Samaj Party symbol war with Election Commission of India - Naresh Kadyan Powered By Docstoc
       E AHUJAN                                   SAMAJ                          PARTY
                                                                            Cenkal Oflice:
           Naiional General Secietary                                       '. Gurudwara Rekab Ganj Road
                                                                            New Delhi-110 001
                                                                            Pt\.: 23357   27   2 F ax.   23357     373

       Raf lto                                                                            o ate:-.1..5. :.Q.l   a.?. 0 I   i-

       Shri      R.   K. Srivastava,
       Principa I Secretary,
       Election Commission of lndia,
       Nirvachan Sadan, Ashoka Road,
       New Delhi - 110001.
Subiect:              Your Letter No. 454IUP-LA/2012 dated 14-01-2012 in reference to the
                      direction of the Election Commission to cover the statues of Ms.
                      Mayawati, Chief Minister, Uttar Pradesh and 'eleohant. svmbol of
                      Bahuian Samai Partv, built at government cost-regardins.


       This is in reference to your letter dated 14th January - 2012 sent in reference to
my letter dated 11th January 2012 to the Chief Secretary U.P. and a copy enclosed to the
Chief Election Commissioner of lndia.

2. At the very outset it is broughton record and to your notice that copy of the actual
order which has or which might have been passed by the Election Commission on 7th
January 2012 has never been communicated to B.S.P. by any one till date. B.S.P. has
been able to acquire knowledge of the directions from the news paper and news
channels, where it was stated that all statues of elephants and of Ms. Mayawati have to
be covered.

3. lt may be brought to the kind notice of Election Commission that B.S.P. from its own
expenses has also established statues of elephants in private owned places. ln news
channel report it was shown that statues of.elephants even established at private places
with private funds were also being covered. One such incident was even shown in one
of the news channel on 14th January - 2012.

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                                        l.l)ln -ltF 0522-223A7A9, 223AA64
      BAHUJAN                                    SAMAJ                           PARTY
                                                                        Central Office:
      SATISH CHANDRA MISRA                                             .i. Gurudwara Rakab              Gacj Road
            Nziional General S€cretary                                 New Delhi-1J 0          001
                                                                       P   \.:   23357   272 ? ax. 23357373

      Ref   lo                                                                            Daie:... ..,......... ....

4. lt was not understandable as to how the Commission can issue a direction to cover
the statue of elephants or of Ms. Mayawati established by B.S.P. with its own funds and
in private Places.

5. When   it is mentioned in para 3 of my letter dated 11.01.2012 q uoted in para 5 of your
letter dated 14th January - 201'2 to the effect "fr-d sndrtr i +gsn' $qrq crd +1 *nlTfr-d
qifui \rs etfe)"ii at 6d Gri d sq+r t d FPfq d-m{ ili qrd d rcYrmfu.oG or orq fuqr B,
+ erq)ftf, =r€i B r enfrq ERr {s s-6iq q frqer Fruiq fd-qr firT qrBq :n, flft frogsoffo d fr
STrq ii
         q-{ 6r eltNr{ ftror t" the said mentioning is only and only in respect to the
action being taken allegedly on the basis of the directions of Commission for covering
even the statues of elephants established by B.S.P. from its own funds in private places.

6. lt is therefore clearly stated and reiterated and once again clarified that no where till
date B.S.P. has taken any stand or admitted as alleged that all the statues of elephants
installed at public parks or public places have been established by B.s.P. lt is the
consistent stand of B.S.P. that all such statues have been installed by the government on
the basis of the unanimous legislative mandate through budgetary provisions which
were dully raised as per the constitutional provisions by both the houses of legislature.
Even in my letter under reference no where it has been admitted as alleged in your
letter that these statues installed in public places were established by B.S.P. There can
never be any such contention or admission by B.s.P. when as a fact the same is not true.

7. Even otherwise there cannot be any admission against the established facts and law,
which had already been placed on record of the commission as well as the Hon'ble
supreme court in great detail by the state government as well as B.s.P. clearly stating
that B.S.P. had not established the statues in parks or other public places but it was
done by Government after following the mandate given by the legislature.

       ln view of the above, the observation of the commission that on account of so
called admission by B.S.P. the commission may have to revisit its earlier order which has
already been submitted before the Hon'ble Supreme Court, is misplaced and is uncalled

                                         : 12, qid{      nql c19.1\, J -          -      226441
                                         qta qo- 0522-223A789, 2238464
       tsAHUJAN                                           SAMAJ                          PARTY
                                                                                 Central Of ce:
        SATISH CHANDRA MISRA                                                     .1.
                                                                                   Gurudwara lai(ab Ganl Road
           Naiional General Secietary                                            New Delhi-110 OOI
                                                                                 Ph.:.   23357272 Fa:t. 23357373

       Ref llo

8. on the other hand in my letter dated 11.01.2012 it has repeatedly and consistently
been reiterated that there is no similarity between the symbol of B.s.p. and that those
established in public parks and public places.

9. cur main contentibn in the letter dated         11th January zo1.2 is that the alleged
contention of the other political parties/complainants before the commission is not
correct when it is sald that if the statues of elephant are not covered it will effect the
level playing field. lt was submitted that if the said contention is to be taken to be true
then there should be no discrimination by the commission while taking its decision in
respect to covering of statues of elephants because in that case the 45 ft. hand
established from government funds in 'Hand Monument, situated in chandigarh which
is the capital of Punjab and also the 'Hand pumps'established in bulk quantity of lakhs
and lakhs throughout U.P. from government funds should also be directed to be covered
but unfortunately even in the letter of the commission dated 14th January 2o7z no
reference has been made to the said pleas nor has the same been dealt with.

10. lt is therefore once again reiterated that if in the belief of the Commission there is
no necessity to give directions for covering of the Hand symbol and hand pumps as they
would not effect the level playing field in the elections even though they have
undisputedly been established from government funds then the direction of covering
the statutes of elephants should also be reconsidered and recalled, since the same
would in no manner effect the level playing field in the elections.
11. so far as the reference to religious belief has been made in the letter dated 14-01-
2012 of the Commission it is to submit that ,,lotus,, which is the symbol of ,.B.J.p.,, has
direct connection with all religions specially Hindu Religion wherein it is daily offered to
all deities of gods and specially Maa Durga.

12. similarly in respect to the symbol of "palm of Hand" which is allotted to ,,lndian
National congress". lt is submitted that the palm of the hand is the most prominent
part of every statues of all deities of gods of almost every religion which are established
in all religious places including temples and public places and thus the palm of hand is
directly connected with all religious beliefs because it is through the hand that people
seek ashirwad from gods through their deities/statues established everywhere.

                                        :    12,   qld           TqT E-€i{s              -   226001
                                        LO   ]i   iLF    c522-2238789, 2238A64
      BAHUJAN                              SAMAJ                             PARTY
                                                                     Central Office:
       SATISH CHANDRA MISRA                                          4. Gurudwara Rakab Ganj Road
          National General Secretary                                 New Delhi-110 001
                                                                     P n.   : 233t1   27   2   F   ax.. 23357 37 3

      Ref. No                                                                         Date:-.-.... --..-.-. ...-....

           "lion" which is the symbol of "Maharashtrawadi Gomantak" and "All lndia
13. Similarly
Forward Bloc" is found in every statue of Maa Durga and is also worshipped in every
temple and every house alongwith Maa Durga and is connected with religious
sentiments of everYone'
14. Similarly the symbol of "Sun" allotted to "Zoram Nationalist Party" and "Dravida
Munnetra Kazhagam". lt is undisputed and is known to everyone that Sun is
worshipped by every Hindu as one of the god's and the statue of sun is established
almost in every temple. Almost every Hindu offers prayers to sun daily.
15. So far it has been mentioned in para 7 of your letter that there is self contradiction
in my letter dated 11.01.2012 while refereeing to the statues of other icons. lt is
respectfully submitted that there is no self contradiction because what is meant is that if
the allegation of other political parties to the effect that the statues of Ms. Mayawati
will influence the voters is to be taken to be correst then in that case the statues of
other icons who have been leaders of other political parties established through
government funds would also equally influence the voters even if the said icons were no
longer living and in that case their statues will also be required to be covered.
         ln the above circumstances it has been the contention of B.S.P. that it should
 have also been given a prior opportunity of hearing before passing the order dated
07.OL.ZOL2 which was conveyed through press conference of the Chief Election
 commissioner in Lucknow but copy of the said order has not been given to B.s.P. till
 date. ln case a prior opportunity would have been given all these facts and submissions
 would have been brought to the notice of the Commission.
         It is therefore once again requested that the commission may kindly reconsider
 its direction of covering the statues in the light of the submissions made above'
                                            Thanking you,
                                                                             Yours sincerely,

                                                                            (Satish Chandra Misra)

                                                    TIII   ?IGI=GF
                  Nirvachan Sadan, Ashoka Road, New Delhi-L10001

No. 464AIP-L A12012                                       Dated: 1 8th January, 2012

       The Chief Electoral Officer,
       Uttar Pradesh,

Sub: Direction of the Election Commission to cover the statues of Ms.
     Mayawati, Chief Minister, Uttar Pradesh and 'elephant', symbol of
     Bahujan Samaj Party, built at government cost- regarding.


       I   am directed   to forward   herewith   a copy of letter dated 18ft
January,2072 addressed      to the Shri Satish Chandra Mishra,    National General
Secretary, Bahujan Samaj Party, Lucknow, Uttar Pradesh, on the subject cited,
with the request to deliver the same to him and the acknowledgement received
from him may be sent to the Commission at the earliest.

                                                                   Yours faithfully,

                                                                   Under Secretary

Encl: As above.
                                                                                         Bv faxlCamo Baq
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           NEW DELHI
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                                       SECRETARIAT OF THE                                   Phone- 2377338
v@r                               ELECTION COMMISSION OF INDIA
NO:   464 /UP-LA/2O12                                                                      ffrqtqq vs-{
Efts                                                                                   NIRVACHAN SADAN
Dated      18th January, 2012                                                     sn++,+€, Tifud-110001
                                                                               ASHOKA ROAD, NEW DELHI-11OOO1
             Shri Satish Chandra Mishra,
             National General Secretary,

  sub:        General Election to UP Legislative Assembly, 2012- covering of statues-regarding


             I am directed to refer to your letter dated l Sth January, 2012, on the subject cited.

             with regard lo Paru 2 of your letter that a copy of the commission's order dated                   gth

  January, 2012 was not sent to your party, I am to state that since it was an administrative order
  meant to be implemented by the state Govt. , the same was addressed to the chief secretary,
  UP with a copy to     cEo, UP. The commission didn't consider it necessary to foMard the same
  to your party.
       With regard to Para 3 of your letter it is clarified once again that only such statues of Ms.
  Mayawati, President of BSP, and of elephant, the symbol of BSp, which have been
  constructed/erected at the cost of public exchequer at various public places and which were the
  subject matter of the     wP    No.266 of 2009 in Supreme court needed to be covered.                   lf   any
  statues erected by the BSP at the party expense have been covered at any place due to mis-
  interpretation of the commission's aforesaid order, you may kindly give details thereof so that
  the same may be directed to be uncovered.
             The other averments made in your letter dated 15th January, 2012 are not relevant now.


            Copy to the Chief Electoral Officer, Uttar Pradesh, Lucknow for information.

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