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03/17/17
2169 Sat 18 Mar 2017 LESSON- INSTRUCTIONS FOR E-FILING REGISTRATION- CJI for Ballot Paprers until entire EVMs/VVPAT are replaced
Filed under: General
Posted by: @ 6:08 pm
2169 Sat 18 Mar 2017 LESSON

http://calcuttahighcourt.nic.in/bio/cs-karnan.htm


Calcutta High Court



The Hon’ble Justice C.S. Karnan




 


Justice Chinnaswamy Swaminathan   Karnan was born on 12.06.1955 at
Karnatham Village, Virudhachalam Taluk, Cuddalore District.  His
father was a retired teacher and had secured the President of India,
award for being a Good teacher.  His late mother Kamalam Ammal was a
house wife and a tutor for her children.


            Studied up to High School level at Mangalampet High
School, thereafter completed the Pre-University Course, at
Virudhachalam Arts College.  Thereafter, His Lordship completed B. Sc.
graduation at the New College, Chennai.  Subsequently, embarked on law
study at Madras Law College and completed the Course in the year
1983.   Immediately, thereafter, enrolled as Advocate before the Bar
Counsel of Tamil Nadu and started practice in the Civil Side.  During
practice of law, was selected as legal adviser of the Metro Water,
Government Advocate in Civil Suits and also Standing Counsel for the
Central Government.  During the tenure of higher studies, was involved
in various Social assignments besides NCC and NSS.  Served as a Judge
at the Madras High Court for the last 8 years and gaining steadily in
the field of Judicial assignments and reform.


Transferred to Calcutta High Court on Mar 11, 2016


 


 

 




 


http://www.tn.gov.in/detail_contact/4576/4
Justice
Thiru

C. S. Karnan

25340028 Extn:1341
24950041, 24950051
Navaneetham Chandrasekharan

JUSTICE
Karnan has taken the right decision to contact Ms Mayawati supremo of
BSP on whom EVMs were tampered to to defeat the movement of the Chief
Architect of our modern constitution Dr BR Ambedkar. Just because Ms
Mayawati is a scheduled caste but working for the sarvajan samaj i.e.,
all societies and gave the best governance as CM of UP and ultimately
the PM of this country, it was not tolerated by the brahmins in general
and the chitpawa brahmins of RSS in particular. So
they used the fraud EVMs to destroy the movement in general and the
SC/STs in particular. Hence through a Techno-Politico-Socio
Transformation and Econommic emancipation movement, there must be a
demand to dissolve Central and state governments selected by these fraud
EVMs and go for fresh polls with paper ballots.

The ex CJI Sathasivam who committed a grave error of judgement by
ordering that the EVMs could be replaced in a phased manner on the
suggestion of ex CEC sampath and as a result all the governments must be
punished.

They must be asked to pay the entire Central
Government budget to Mayawati as a fine and all those who oppose
reservation to deprive the economy of the downtrodden to book under
atrocities act and sent jails.

18


To hold protests across country; BSP chief has promised support, says lawyer

http://timesofindia.indiatimes.com/city/kolkata/dgp-100-policemen-serve-sc-warrant-karnan-spurns-it/articleshow/57698723.cms

DGP, 100 policemen serve SC warrant, Karnan spurns it


Right Response

a day ago

Where there is an allegation of discrimination based on caste,its in
order for SC to appoint a Panel of unbiased foreign Judges to hear the
case.No Caste Judge can render justice to a Dalit who is supposed to be
harassed by the Caste System.

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges

india
Updated: Mar 12, 2017 01:03 IST

HT Correspondent
Calcutta High Court

Calcutta high court judge CS Karnan stepped up his tirade against
the Supreme Court and his fellow judges on Saturday by releasing his
written allegations against two Madas high court judges. (Representative
Photo)

Calcutta high court judge
CS Karnan stepped up his tirade against the Supreme Court and his fellow
judges on Saturday by releasing his written allegations against two
Madas high court judges.

He alleged that one had tampered records
to get into service and amassed wealth through unfair means while the
other had raped an intern.

Justice Karnan had made these
allegations in 2013 and 2014. “I wrote to the chief justice of Madras
high court but no action has been taken against them. I brought specific
allegations against 20 judges. But while those 20 are silent, a
seven-member bench of the SC issued a warrant against me. Today I openly
admit that Indian judiciary is corrupt,” Karnan said at a press
conference at his residence . 

“These seven judges don’t know law.
The SC did not apply mind. That’s why public confidence (in the
judiciary) is decreasing day by day,” he said. 

Asked whether he
would appear before the SC on or before the deadline (March 31), Karnan
said “Why? For what purpose? This is a wrong order. It is out of law.” 

On
Friday, Karnan had signed an order in front of the media at his
residence, directing the Central Bureau of Investigation to “register,
investigate and file a report before the appropriate court of law under
Article 226 read with Section 482 CrPC to prevent abuse of process of
any court….”  

“I am a
sitting high court judge. Any place where I sit and pass an order
becomes the court,” Karnan said. Asked whether he had the power to issue
a directive even to the President, he however said: “I have humbly
appealed to President. Who can direct the President of India?” Later he
changed the word “direct” to “request.” 

When he was asked whether
the director general of Bengal Police, who is supposed to execute the
warrant, or the CBI had got in touch with him, Karnan said, “Not so
far.” One of his associates, a lawyer of the Madras HC, said copies of
Karnan’s order had been sent to the CBI as well as the judges of the
SC. 

Asked whether it was appropriate for a sitting judge to talk
to the media, Justice Karnan said, “It is a national issue. It should
reach the people. Let there be transparency. What’s the secret? Nobody
takes a suo motu warrant against a sitting judge.”

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IN THE
SUPREME COURT OF INDIA


CIVIL
APPELLATE JURISDICTION


CIVIL
APPEAL NO.**** OF 2017

(Arising
out of SLP (Civil) No. 13735 of 2012)

Bahujan Samaj Party

….
Appellant(s)

Versus

Ex CJI Sathasivam Ex Election
Commission of India Sampath

….
Respondent(s) Narendra Modi, Mohan Bagawath, Amit Shah, Venkaiah naidu,

WITH

WRIT
PETITION (C) NO. 406 OF 2012

J U D G M
E N T

P.
Sathasivam, CJI for Ballot Paprers until entire EVMs/VVPAT are replaced

1)

Leave
granted.

Civil
Appeal @ SLP (C) No. 13735 of 2012

2)

This
appeal is directed against the judgment and order

dated
17.01.2012 passed by the Division Bench of the High

Court of
Delhi at New Delhi in W.P.(C) No. 11879 of 2009

whereby
the High Court disposed of the petition by


disallowing
the prayer made by the appellant herein for

issuance
of a writ of


mandamus


directing
the Election


Commission
of India (ECI)-Respondent herein to incorporate


a system
of Paper Ballots until entire  “paper trail/paper receipt” in the Electronic


Voting
Machines (EVMs) as a convincing proof that the EVM


has
rightly registered the vote cast by a voter in favour of a


particular
candidate.




Being
aggrieved of the above, the present appeal has


been
filed by way of special leave.


Writ
Petition (Civil) No. 406 of 2012


4)


One
Jgatheesan Chandrasekharan, R Muniappa, Gopinath, Dr Ashok Siddharth, Rajendra Satyanarayan Gilda has filed this Writ


Petition,
under Article 32 of the Constitution of India, praying


for
issuance of a writ of


mandamus/


direction(s)
directing the


Union of
India
Narendra Modi, Mohan Bagawath, Amit Shah, Venkaiah naidu,

WITH

, the Chief Election Commissioner and the


Technical
Experts Committee-Respondent Nos. 1-3 herein


respectively
to effect the necessary modifications in the


EVMs so
as to allow the voters to verify their respective votes


and to
attach the printers to the EVMs with a facility to print


the
running record of the votes for the purpose of verification

 


by the
voters in the process of voting. He also prayed for a


Page 


3


direction
to frame guidelines and to effect necessary


amendments
in the Conduct of Election Rules, 1961.


5)


In view
of the pendency of the appeal filed by Dr.


Subramanian
Swamy, this Court issued notice in the writ


petition
and tagged with the said appeal.


6)


Heard Dr.
Subramanian Swamy, appellant-in-person in


the
appeal, Dr. R.R. Deshpande, learned counsel for the writ


petitioner,
Mr. Ashok Desai and Ms. Meenakshi Arora, learned


senior
counsel for the ECI.


Contentions:


7)


Dr.
Subramanian Swamy, the appellant herein


contended
before this Court that the present system of


EVMs, as
utilized in the last few general elections in India,


does not
meet all the requirements of the international


standards
and though the ECI maintains that the EVMs


cannot be
tampered with, but the fact is that EVMs, like all


electronic
equipments, are open to hacking.


8)


The
appellant has further highlighted that the instant


matter
arises out of the refusal of the ECI to incorporate a


certain
obvious safeguard in the EVMs called “paper


backup”,
“paper receipt” or “paper trail”, presently in use


and
mandated in some countries like USA, which would easily


and
cheaply meet the requirement of proof that the EVM has


rightly
registered the vote cast by a voter. The appellant has


further
highlighted that the “paper trail” system is to


supplement
the procedure of voting as in this procedure,


after
recording a vote in the EVM, a print out will come out


which
will appraise the voter that his vote has been rightly


registered
and the same will be deposited in a box which can


only be used
by the ECI in case of election dispute.


9)


It is the
categorical stand of the appellant that the


above
said system will bring more accuracy in the present


system
and if a particular election is challenged on the


ground
that some particular identified voter’s voter or the


votes of
a group of voters have been suppressed/have not


been
correctly assigned by the EVMs, the accepted current


procedure
is for a re-run of the same EVMs for a re-count,


however,
under the new procedure, a re-count will be of the


receipts
in the ballot box containing the printouts the EVMs

 

5


had
issued to the voter thereby ensuring more transparency


in the
process.


10)


The writ
petitioner has also raised similar contentions as


those of
Dr. Swamy. According to the petitioner, in the


present
system of voting through EVMs, there is no such


facility
by which a voter can verify and confirm his own


voting.
At present, a voter presses a button only but cannot


ascertain
the actual voting. He is not sure whether his vote


is
recorded or not, if recorded, whether it is recorded in


favour of
the person to whom it was intended or not.


Whether
it is valid or invalid and whether it is counted or not.


It is
submitted by the petitioner that unless and until answers


to these
questions are personally seen by the voter, it cannot


be said
that voting is made by him because “pressing a


button of
choice and getting flashed the red-light” is not


actual
voting in real sense unless the voter knows well that


what has happened
in consequence of pressing a button of


his
choice from the EVMs.


Stand of
the Election Commission of India

 

Page 


6


11)


Mr. Ashok
Desai, learned senior counsel for the ECI


submitted
that the apprehension that EVMs could be


tampered
with is baseless. It was also informed to this Court


that the
ECI has been exploring the possibility of


incorporating
a viable Voter Verifiable Paper Audit Trail


(VVPAT)
system as a part of the presently used EVMs to


make the
election system more transparent. Further, it was


brought
to our notice that the ECI conducted field trials for


VVPAT
system earlier also but the same had not been


successful
and were discontinued. The ECI also filed a


counter
affidavit stating that the EVMs provided by the


Commission
are of such a high end technology that it cannot


be
hacked.


12)
Referring to Section 61A of the Representation of the


People
Act, 1951, it is submitted that the Statute itself


provides
for recording of votes by EVMs and the ECI has been


given the
discretion to prescribe recording of votes by such


EVMs as
it may deem fit. This discretion has to be exercised


in a
manner to preserve the sanctity of the election process


and
ensure that the election is conducted in a free and fair


6




Heard Dr.
Subramanian Swamy, appellant-in-person in


the
appeal, Dr. R.R. Deshpande, learned counsel for the writ


petitioner,
Mr. Ashok Desai and Ms. Meenakshi Arora, learned


senior
counsel for the ECI.


Contentions:


7)


Dr.
Subramanian Swamy, the appellant herein


contended
before this Court that the present system of


EVMs, as
utilized in the last few general elections in India,


does not
meet all the requirements of the international


standards
and though the ECI maintains that the EVMs


cannot be
tampered with, but the fact is that EVMs, like all


electronic
equipments, are open to hacking.


8)


The
appellant has further highlighted that the instant


matter
arises out of the refusal of the ECI to incorporate a


certain
obvious safeguard in the EVMs called “paper


backup”,
“paper receipt” or “paper trail”, presently in use


and
mandated in some countries like USA, which would easily


and
cheaply meet the requirement of proof that the EVM has


rightly
registered the vote cast by a voter. The appellant has


further
highlighted that the “paper trail” system is to


supplement
the procedure of voting as in this procedure,


after
recording a vote in the EVM, a print out will come out


which
will appraise the voter that his vote has been rightly


registered
and the same will be deposited in a box which can


only be used
by the ECI in case of election dispute.


9)


It is the
categorical stand of the appellant that the


above
said system will bring more accuracy in the present


system
and if a particular election is challenged on the


ground
that some particular identified voter’s voter or the


votes of
a group of voters have been suppressed/have not


been
correctly assigned by the EVMs, the accepted current


procedure
is for a re-run of the same EVMs for a re-count,


however,
under the new procedure, a re-count will be of the


receipts
in the ballot box containing the printouts the EVMs

 

5


had
issued to the voter thereby ensuring more transparency


in the
process.


10)


The writ
petitioner has also raised similar contentions as


those of
Dr. Swamy. According to the petitioner, in the


present
system of voting through EVMs, there is no such


facility
by which a voter can verify and confirm his own


voting.
At present, a voter presses a button only but cannot


ascertain
the actual voting. He is not sure whether his vote


is
recorded or not, if recorded, whether it is recorded in


favour of
the person to whom it was intended or not.


Whether
it is valid or invalid and whether it is counted or not.


It is
submitted by the petitioner that unless and until answers


to these
questions are personally seen by the voter, it cannot


be said
that voting is made by him because “pressing a


button of
choice and getting flashed the red-light” is not


actual
voting in real sense unless the voter knows well that


what has happened
in consequence of pressing a button of


his
choice from the EVMs.


Stand of
the Election Commission of India

 

Page 


6


11)


Mr. Ashok
Desai, learned senior counsel for the ECI


submitted
that the apprehension that EVMs could be


tampered
with is baseless. It was also informed to this Court


that the
ECI has been exploring the possibility of


incorporating
a viable Voter Verifiable Paper Audit Trail


(VVPAT)
system as a part of the presently used EVMs to


make the
election system more transparent. Further, it was


brought
to our notice that the ECI conducted field trials for


VVPAT
system earlier also but the same had not been


successful
and were discontinued. The ECI also filed a


counter
affidavit stating that the EVMs provided by the


Commission
are of such a high end technology that it cannot


be
hacked.


12)
Referring to Section 61A of the Representation of the


People
Act, 1951, it is submitted that the Statute itself


provides
for recording of votes by EVMs and the ECI has been


given the
discretion to prescribe recording of votes b

y such


EVMs as
it may deem fit. This discretion has to be exercised


in a
manner to preserve the sanctity of the election process


and
ensure that the election is conducted in a free and fair


6


Page
7
manner. The ECI has exercised due diligence to ensure that
EVMs so used are “tamper proof” and it is also in the process
of exploring to incorporate VVPAT system which is
compatible with the present EVMs used by it. It is asserted
that there is no instance of tampering with EVMs so far by
anyone.
13)
It is further submitted that the EVMs used in India are
unique and unlike the ones used in the elections in USA and
other countries, which are personal computer based. EVMs
deployed by the ECI have been lauded not only in India but
also abroad. EVM’s Control Unit retains in the memory each
vote recorded elector-wise. The information stored in the
memory of the Control Unit can be retrieved by using a
device called the “decoder” which, when attached to the
Control Unit of EVM, can print out the statement of voting
data showing the order in which each voter has voted and to
whom he has voted.
14)
Insofar as the transparency of the election process as
well as the right of a voter to know whether his vote has
actually been recorded for the candidate for whom it was
7


Page
8
cast is concerned, it is submitted that as soon as a vote is
recorded by a voter by pressing the “candidate’s” button on
the Ballot Unit, a light glows against the name and symbol of
the candidate, which the voter can see for himself/ herself.
This is a visual (electronic) assurance to the voter that the
candidate for whom he has cast his vote has actually got that
vote. Thereafter, the light goes off to protect the secrecy of
voting.
15)
It is further submitted that the feasibility of VVPAT
system was sought to be explored to by various political
parties and they were explained the technical and
administrative safeguards. The ECI also constituted a
Technical Experts Committee to examine the viability of the
VVPAT system. On 27.05.2011, the Technical Experts
Committee, after discussion with political parties and civil
society members and also after seeing the demonstration of
the prototype VVPAT system developed by M/s. Bharat
Electronics Ltd. (BEL) and M/s. Electronics Corporation of
India Ltd. (ECIL), recommended that a field test of the
prototype VVPAT system should be carried out in a simulated
8


Page
9
election under different environmental conditions in
Jaisalmer, Thiruvananthapuram, Delhi, Leh and Cherapunji.
The ECI also held further meetings with the manufacturers of
EVMs on various dates to fine tune the system and expedite
the follow up action required. Several meetings were also
held with the Expert Committee on VVPAT system.
16)
In wider fulfillment of the objectives of the field trial, the
ECI has requested the National and State parties to extend
necessary cooperation by getting involved in the trial process
actively and also witness the trial in order to have a first
hand experience of the system. The ECI has also requested
the individuals including the appellant – Dr. Subramanian
Swamy and the groups, who have been engaged with the ECI
on the issue of EVM-VVPAT, to witness the trial.
17) We have carefully perused the relevant materials and
considered the rival contentions.
Discussion
18)
When the matter was listed before this Court for
hearing on 27.09.2012, Mr. Ashok Desai had brought to our
notice that the ECI is contemplating foolproof method in
9



Page
10
EVMs for which they are taking various steps in consultation
with the Technical Experts Committee and the views of all
recognized political parties. Mr. Desai also promised to
appraise this Court about the deliberations and the ultimate
decision to be taken by them in this regard. Accordingly, this
Court granted sufficient time to the ECI to file Status Report
regarding introduction of VVPAT system in EVMs to be used
in the elections.
19)
Pursuant to the directions of this Court, the ECI filed a
Status Report on the developments of VVPAT system. In the
said report, the ECI, citing various technicalities, prayed for
further time to make the system more robust for the field
conditions.
20)
On 15.12.2012, M/s BEL, Bangalore filed a report
showing the status of development of VVPAT system which
contains changes that have been carried out in VVPAT from
September to December, 2012 and also furnished
chronological changes made in VVPAT system after the field
trial of the VVPAT system held in July and August, 2012.
10


Page
11
21)
Pursuant to the directions of this Court, the Secretary,
ECI, filed an affidavit highlighting the following steps/
information:
(i)
That vide its Affidavit dated 14.01.2013, the
Commission had filed the status report regarding
introduction of the VVPAT system in the Electronic
Voting Machines (EVMs).
(ii)
That subsequently, in the Technical Expert
Committee meeting held on 04.02.2013, the
Committee approved the design of the VVPAT and
decided that software fine tuning will be done and
completed by the end of February, 2013, and
modified design specifications will be submitted to
the Technical Expert Committee for approval.
The Committee also recommended that the
Commission may for using the VVPAT and that the
VVPAT should be tried in a bye-election.
(iii)
That in the Technical Expert Committee
meeting held on 19.02.2013, the Committee
finalized the VVPAT design.
The manufacturers, namely, M/s. Bharat Electronics
Limited and M/s. Electronics Corporation of India
Limited have quoted Rs. 16,200/- (excluding duties,
taxes and transport charges) per VVPAT system.
The Commission has decided to purchase sufficient
units of VVPAT for trials in a Bye-election, at an
approximate cost of Rs.72,90,000/- (Rupees seventy
two lakh ninety thousand) approximately.
(iv)
It is submitted that the Commission will
require approximately 13 lakh VVPAT units to be
manufactures for 13 lakh EVMs presently available
and roughly about Rs. 1690 crores (One Thousand
Six Hundred Ninety Crores)(i.e. 13 lakh units x
Rs.13,000 per unit) are required for the purpose of
implementation of the VVPAT system taking into
account the possible reduction in the cost per unit
when produced in bulk.
(v)
It is further submitted that in order to
implement the new system the Conduct of Election
Rules, 1961 will require certain amendments.
In this connection, vide letter No.
3/1/2013/Vol.II/SDR/86 dated 28.03.2013, the
11


Page
12
Commission has informed the Legislative
Department of the Ministry of Law and Justice
inter
alia
the various amendments required to the
relevant parts of Rules 49A to 49X, 66A, 55C, 56C,
57C and Form 17C of the Conduct of Elections Rules,
1961, as well as introduction of Rules 49MA and 56D
in the said Rules…
(vi)
That the Commission has called for a meeting
of all the recognized National and State Parties on
10
th
May, 2013 for the purpose of demonstration of
VVPAT unit to them and for discussion with them for
eliciting their views regarding use of VVPAT system
in the elections. The petitioner herein and others
interested in the matter would also be invited at the
meeting.”
22)
It is seen from the records that after various
deliberations with the experts and persons concerned with
the technology, the Technical Experts Committee approved
the final design of VVPAT units in its meeting held on
19.01.2013. In order to meet the directions of this Court and
for proper execution of VVPAT system, as noticed above, the
ECI in its letter dated 28.03.2013, addressed to the Secretary
to the Government of India, Ministry of Law and Justice stated
that necessary ground work for amendment to the Conduct
of Election Rules, 1961 (in relevant parts in Rules 49A to 49X,
66A, 55C, 56C, 57C and Form 17C) may be made so that the
amendment to the Rules can be notified immediately which
12


Page
13
will enable the ECI to use the VVPAT system in bye-elections
in consultation with the political parties. By placing all those
materials, the ECI requested the Ministry of Law and Justice
for drafting and notifying amendment Rules expeditiously.
23)
From the materials placed by the ECI, it is noted that
the purchase order has been placed with M/s BEL and M/s
ECIL for supplying 150 and 300 VVPAT units respectively at
Rs. 16,200/- per unit excluding excise duty, sales tax and
transportation etc. costing Rs. 72,90,000/- (approx.). The ECI
has also highlighted that if the VVPAT systems are ultimately
to be used with all the 13 lakh EVMs available, the total cost
in the purchase of VVPAT units may come to about Rs. 1,690
crores, taking into account the possible reduction in the cost
per unit due to bulk production the cost may come to Rs.
13,000/- per unit approximately.
24)
The affidavit dated 21.08.2013, filed on behalf of the
ECI, shows that the Ministry of Law and Justice, on
24.07.2013, referred the draft notification to amend the
Conduct of Election Rules, 1961 to provide for use of VVPAT
system of elections to the ECI for its views and comments.
13


Page
14
The ECI suggested certain minor modifications in the draft
notification and sent the same back to the Ministry of Law
and Justice on 02.08.2013 with a request to notify the
amendment Rules at the earliest. Accordingly, the Ministry
of Law and Justice notified the amendments to the Conduct
of Election Rules, 1961 in the Gazette of India vide
notification No. S.O. 2470(E) dated 14.08.2013 to enable use
of VVPAT with EVMs.
25)
The aforesaid affidavit of the ECI also shows that the
ECI had also convened a meeting of all the recognized
National and State political parties on 10.05.2013 and
demonstrated before their representatives the working of
VVPAT system. Separately, on the same day, the ECI also
held a meeting with individuals including the appellant
herein who had been engaged with the ECI over the past
several years regarding the functioning of EVMs. VVPAT
system was demonstrated before them as well.
Representatives of political parties and other individuals
expressed their satisfaction over the VVPAT system.
Thereafter, the ECI had decided to use the VVPAT system in
14



Page
15
the bye-election from 51-Noksen (ST) Assembly Constituency
in the State of Nagaland. Instructions were issued to hold
special meetings with the contesting candidates in that
constituency to brief them about the use of VVPAT system.
The ECI also organized special training sessions for poll
officers for the use of VVPAT and steps were taken to
educate the electors for the same.
26)
After various hearings, when the matter was heard on
4.10.2013, an affidavit dated 01.10.2013 filed on behalf of
the ECI was placed before this Court. The said affidavit was
filed to place on record the performance/result of the
introduction of the VVPAT system in the bye-election from
51-Noksen (ST) Assembly Constituency of Nagaland for which
the poll was conducted on 04.09.2013 indicating the future
course of action to be decided by the ECI on the basis of said
performance. By this affidavit, it was brought to our notice
that since VVPAT system was being used for the first time,
the ECI has decided that intensive training shall be given to
the polling officers. Members of the Technical Experts
Committee of the ECI also went to supervise training and the


Page
16
actual use of VVPAT in the bye-election. It is further stated
that the ECI also wrote letters to all the recognized political
parties and other persons, including the appellant herein,
engaged with the ECI on this subject inviting them to witness
the use of VVPAT. It is also brought to our notice that VVPAT
was successfully used in all the 21 polling stations of 51-
Noksen (ST) Assembly Constituency of Nagaland. It was also
stated that as per the Rules, the paper slips of VVPAT shall
not be counted normally except in case the Returning Officer
decides to count them on an application submitted by any of
the candidates. However, since VVPAT system was being
used for the first time in any election, the ECI decided on its
own to count paper slips of VVPAT in respect of all polling
stations. According to the ECI, no discrepancy was found
between the electronic and paper count.
27)
In the said affidavit, it is finally stated that the ECI has
decided to increase the use of VVPAT units in a phased
manner and for this purpose the ECI has already written to
the Government of India, Ministry of Law and Justice to issue
administrative and financial sanction for procurement of
16


Page
17
20,000 units of VVPAT (10,000 each from M/s BEL and M/s
ECIL) costing about Rs. 38.01 crore.
28)
Though initially the ECI was little reluctant in
introducing “paper trail” by use of VVPAT, taking note of the
advantage in the system as demonstrated by Dr.
Subramanian Swamy, we issued several directions to the
ECI . Pursuant to the same, the ECI contacted several expert
bodies, technical advisers, etc. They also had various
meetings with National and State level political parties,
demonstrations were conducted at various places and finally
after a thorough examination and full discussion, VVPAT was
used successfully in all the 21 polling stations of 51-Noksen
(ST) Assembly Constituency of Nagaland. The information
furnished by the ECI, through the affidavit dated 01.10.2013,
clearly shows that VVPAT system is a successful one. We
have already highlighted that VVPAT is a system of printing
paper trail when the voter casts his vote, in addition to the
electronic record of the ballot, for the purpose of verification
of his choice of candidate and also for manual counting of
votes in case of dispute.
17


Page
18
29)
From the materials placed by both the sides, we are
satisfied that the “paper trail” is an indispensable
requirement of free and fair elections. The confidence of the
voters in the EVMs can be achieved only with the
introduction of the “paper trail”. EVMs with VVPAT system
ensure the accuracy of the voting system. With an intent to
have fullest transparency in the system and to restore the
confidence of the voters, it is necessary to set up EVMs with
VVPAT system because vote is nothing but an act of
expression which has immense importance in democratic
system.
30)
In the light of the above discussion and taking notice of
the pragmatic and reasonable approach of the ECI and
considering the fact that in general elections all over India,
the ECI has to handle one million (ten lakhs) polling booths,
we permit the ECI to introduce the same in gradual stages or
geographical-wise in the ensuing general elections. The
area, State or actual booth(s) are to be decided by the ECI
and the ECI is free to implement the same in a phased


Page
19
manner. We appreciate the efforts and good gesture made
by the ECI in introducing the same.
31)
For implementation of such a system (VVPAT) in a
phased manner, the Government of India is directed to
provide required financial assistance for procurement of units
of VVPAT.
32)
Before parting with the case, we record our appreciation
for the efforts made by Dr. Subramanian Swamy as well as
the ECI, in particular Mr. Ashok Desai and Ms. Meenakshi
Arora, learned senior counsel for the ECI.
33)
With the above directions, the appeal and the writ
petition are disposed of. No separate order is required in the
applications for intervention. Both sides are permitted to
approach this Court for further direction(s), if need arises.
………………………………………….CJI
(P. SATHASIVAM)
………………………………………..J.
(RANJAN GOGOI)
19

20
NEW DELHI;
OCTOBER 8, 2013.

http://www.thehindu.com/news/national/karnan-reaches-out-to-mayawati/article17529539.ece

Karnan reaches out to Mayawati


Justice C.S. Karnan
 

To hold protests across country; BSP chief has promised support, says lawyer

Calcutta High Court judge C.S. Karnan has contacted Bahujan Samaj
Party (BSP) national president Mayawati, and she has extended her
“support” to the Judge, his lawyer has said.

Speaking to The Hindu, the
lawyer W. Peter Ramesh said the BSP chief had offered “full
cooperation” for Justice Karnan’s proposed protest demonstration and
day-long hunger strike in Lucknow.

On March 10, the Supreme Court
issued a bailable warrant against him in relation to a contempt-of-court
order issued against him in February. Justice Karnan refused to accept
the warrant.

As for the
reason for contacting Ms. Mayawati, Mr. Ramesh said the BSP chief was a
“prominent Dalit leader”, and Justice Karnan had made it clear that he
was being “targeted by the Supreme Court for being a Dalit.”

BSP participation

According
to the judge’s associates, the BSP leadership has not only offered full
cooperation but will also “participate in Justice Karnan’s protest in
Lucknow.” Justice Karnan has not only accused the seven- judge Bench of
the Supreme Court of targeting him because he is a Dalit but has also
instructed the CBI to start a probe against them and Attorney-General
Mukul Rohtagi.

“In the result I direct the Central Bureau of
Investigation to register, investigate and file a report before the
appropriate court of law under Article 226 (writ jurisdiction of High
Courts) with section 482 of CrPC (Saving of inherent powers of High
Court) to prevent abuse of process of any Court and to secure the ends
of justice, under the appropriate criminal provisions of the Schedule
Castes and Scheduled Tribes(Prevention of Atrocities) Act,1989 and other
Penal provisions against the accused persons…” stated Justice Karnan in
his writ order last week.

According to Mr.
Ramesh, apart from Lucknow, Justice Karnan will also hold protests and a
daylong hunger strike in Delhi, Chennai and Kolkata. The dates of the
protest are yet to be finalised.

JUSTICE Karnan has taken the right decision to contact Ms Mayawati supremo of BSP on whom EVMs were tampered to to defeat the movement of the Chief Architect of our modern constitution Dr BR Ambedkar. Just because Ms Mayawati is a scheduled caste but working for the sarvajan samaj i.e., all societies and gave the best governance as CM of UP and ultimately the PM of this country, it was not tolerated by the brahmins in general and the chitpawa  brahmins of RSS in particular. So they used the fraud EVMs to destroy the movement in general and the SC/STs in particular. Hence through a Techno-Politico-Socio Transformation and Econommic emancipation movement, there must be a demand to dissolve Central and state governments selected by these fraud EVMs and go for fresh polls with paper ballots.

The ex CJI Sathashttp://www.deccanherald.com/pages.php?id=595396ivam who committed a grave error of judgement by ordering that the EVMs could be replaced in a phased manner on the suggestion of ex CEC sampath and as a result all the governments must be punished.

They must be asked to pay the entire Central Government budget to Mayawati as a fine and all those who oppose reservation to deprive the economy of the downtrodden to book under atrocities act and sent jails.

http://www.deccanherald.com/pages.php?id=595396

SC’s notice to Justice Karnan, seeks his personal appearance

New Delhi, Feb 8, 2017, PTI:


The apex court has turned the alleged contemptuous letters written by Justice Karnan against the Madras HC Chief Justice which were addressed to the CJI, Prime Minister and others, into contempt proceedings against him. DH file photo

In
an unprecedented order, the Supreme Court today asked sitting Calcutta
High Court judge Justice C S Karnan to appear in person before it and
explain as to why contempt proceedings be not initiated against him and
forthwith restrained him from undertaking judicial and administrative
work.
“Issue
notice to Justice C S Karnan. Returnable on February 13. Shree Justice C
S Karnan shall forthwith refrain from handling any judicial or
administrative work as may have been assigned to him,” a seven-judge
bench headed by Chief Justice J S Khehar said.
“He
is also directed to return all judicial and administrative files in his
possession to the Registrar General of the High Court immediately,” the
bench also comprising Justices Dipak Misra, J Chelameswar, Ranjan
Gogoi, M B Lokur, P C Ghose and Kurian Joseph said.
It
said, “Shree Justice C S Karnan shall remain present in person on next
date to show cause.” The bench, meanwhile, directed the apex court
registry to ensure that the copy of its order be served on Justice
Karnan during the course of the day and listed the suo motu contempt
petition against him for further hearing on February 13.
At
the outset, Attorney General (AG) Mukul Rohatgi referred to the nature
of public communications allegedly undertaken by Justice Karnan and said
they are “slanderous” and “disparaging” to the system of administration
of justice.
He
urged the bench that it can direct Chief Justice of the High Court to
restrain the judge concerned from taking up judicial and administrative
work. The AG referred to constitutional provisions and said that the
apex court can take judicial note of the matter and is empowered to pass
such an order.
“This
court has to set an example when it comes to administration of
justice,” he said, adding, “In exercise of the contempt jurisdiction,
the Supreme Court can ask the Chief Justice of High Court not to assign
administrative and judicial work to Justice Karnan.
The
court took note of his submissions and said that it has to be
established whether Justice Karnan has undertaken the communications.
“We must be as careful as we can,” the court said.
“It
is the first time we will act against a sitting High Court judge and
have to be very careful with what we settle as a precedent for times to
come,” it said.
The
apex court has turned the alleged contemptuous letters written by
Justice Karnan against the Madras HC Chief Justice which were addressed
to the CJI, Prime Minister and others, into contempt proceedings against
him.
He was transferred from the Madras HC to the Calcutta HC for his alleged contemptuous conduct.
Justice
Karnan has also been allowed to argue in person his case relating to
his own transfer later this month before another bench of Justices Arun
Mishra and Amitava Roy, which last month had allowed Justice Karnan’s
plea to argue his case in person by accepting his request to discharge
his advocate S Gowthaman. He had written a letter dated December 21,
2016 to the Supreme Court Registry seeking permission for the same.
Earlier,
the Registrar General of the Madras High Court had stated that 12 files
of the high court were still with Justice Karnan and these were
required to be returned.
It
was also submitted that the government accommodation which had been
allotted to Justice Karnan at Chennai, had not been vacated, adding that
it was needed as 14 new judges have been appointed and a judge cannot
keep it for more than a month after he ceases to be a judge of Tamil
Nadu High Court.
Justice
Karnan had on February 15, 2016 stayed his transfer order after the
apex court asked the Chief Justice of Madras High Court not to assign
any judicial work to him.
The
same day the apex court had suspended Justice Karnan’s order and made
it clear that all administrative and judicial orders passed by him after
the issuance of the proposal of his transfer from the Madras High Court
to the Calcutta High Court shall remain stayed till further orders.
However,
a week later, the judge had said that he had issued an “erroneous”
order due to his “mental frustration resulting in the loss of his mental
balance”.
The
apex court had passed the directions on an application moved by the
Registrar of the Madras High Court, seeking an order to restrain Justice
Karnan from doing any judicial work.

http://www.deccanherald.com/

http://www.deccanherald.com/content/602130/bjp-springs-big-surprise-names.html

tyanath UP CM

BJP springs big surprise, names Adityanath UP CM

Sanjay Pandey, Lucknow: March 19, 2017, DHNS

Maurya, Dinesh Sharma deputies; oath-taking today

Yogi Adityanath elected leader of the BJP Legislature Party in Lucknow on Saturday. PTI

Yogi Adityanath elected leader of the BJP Legislature Party in Lucknow on Saturday. PTI

Springing a surprise, the BJP on
Saturday nominated firebrand saffron leader Yogi Adityanath as the chief
minister of Uttar Pradesh. UP BJP president Keshav Prasad Maurya and
Lucknow Mayor Dinesh Sharma are the deputy chief ministers.

Adityanath,
the ‘mahant’ (head priest) of the famous Gorakhnath Peeth in Gorakhpur,
was unanimously elected leader of the BJP Legislature Party at its
meeting here in the presence of Union minister M Venkaiah Naidu and BJP
general secretary Bhupendra Yadav, who were sent in as observers.

“Adityanath
was elected unanimously at the meeting of the legislators,” Naidu told
reporters. Naidu said no other name was proposed at the meeting.

Adityanath
(44), the Lok Sabha MP from Gorakhpur, met Governor Ram Naik and staked
claim to form the government. He will be sworn in as the 21st chief
minister of the state on Sunday.

The other members of the cabinet would be announced on Sunday, ahead of the swearing-in ceremony.

The drama
Much
drama preceded Adityanath’s nomination. In the afternoon, his name
started making the rounds, replacing that of Union minister Manoj Sinha
and others as likely candidates for the top post.

Adityanath
rushed to Delhi, where he had a long meeting with BJP president Amit
Shah and vice president Om Mathur. Later, Adityanath went to Lucknow
with Maurya and Mathur.

Adityanath was closeted with Naidu and
Bhupendra for around 30 minutes, after which they participated in the
meeting of the legislators.

The suspense over the chief minister
continued till the last minute and none of the 325 legislators from the
BJP and its allies seemed to have any inkling of the party’s choice.

Naidu
said after his election as leader of the legislature party, Adityanath
urged the party leadership to let two senior colleagues assist him in
administration. Naidu said on his request, the party leadership allowed
Adityanath to have two deputies. Prime Minister Narendra Modi and Shah
would be present at the swearing-in ceremony.

“The chief
ministers of the states ruled by the BJP and its alliance partners have
also been invited to attend the oath-taking ceremony,” Naidu said.

He
said the mandate for the BJP in the UP polls was historic, adding, “It
is a watershed moment for the BJP. It has proved that the nation wants
to move with Modi.”

The main agenda of the party in UP would be development and good governance, he said.

“It’s
a mandate against corruption, black money, caste and communal
politics… people have supported us cutting across caste lines,” Naidu
added. “We will together ensure the development of UP, and end goonda
raj,” Adityanath said, addressing the newly elected legislators of the
BJP and its alliance partners Apna Dal and Suheldev Bhartiya Samaj
Party.

Sources said BJP MLA from Shahjahanpur Sauresh Khanna
moved the proposal for electing Adityanath as the leader of the
legislature party.

A large number of Adityanath supporters
descended on the state capital from Gorakhpur and nearby districts and
chanted slogans in his favour outside the venue of the meeting. Even
before the polls, his supporters had demanded that he be declared the
chief ministerial face of the party. Adityanath was one of the star
campaigners of the BJP and addressed close to 100 election meetings in
different parts of the state.
DH News Service

Who is Adityanath?

-Firebrand Hindutva advocate, Adityanath’s remarks often trigger controversy
-Head priest at Gorakhnath temple; founder of vigilante group Hindu Yuva Vahini
-Won Gorakhpur seat five times; at 26 was youngest member of 12th Lok Sabha
-Had differences with BJP in the past; in 2007 over ticket distribution


Balakrishna Shetty

2 hours ago

God Save our Nation, it is time he keeps up promise to come back to save the society whenever Adharma over takes Dharma


Bob

Balakrishna Shetty

an hour ago

Sir, majority of people in India are so stupids that they don’t
behave like educated. These politicians have understood these rogues and
using them in a big way. Now Saffron cloth will become a uniform for
Politicians. India will become the third religious terror nation after
Christianity and Islam.


ಗಿರೀಶ್ ನಾಯ್ಕ್

4 hours ago

another commual criminal castiest brhamin with backward outdated
ideology is appointed for top position fooling public using hindu, mus,
christan hate speech.




  • skp

    14 minutes ago

    India,S image as a secular nation is lost when relious heads comes to
    political positions and his masters just became tail wagers for rubbish
    he talks.




  • herovaz

    17 minutes ago

    A shocking and stupid choice of CM. UP can forget development and
    progress. UP will grow backwards and that will be the end of the BJP in
    UP.




  • Pappu 007

    an hour ago

    Yogi Adityanath is a 5 time MP & just 44 years, even younger than eternal youth leader Pappu Rahul Gandhi

    He can take UP & BJP to great heights..




  • Manjunath

    an hour ago

    yada yada hi dharmasya
    glanir bhavati bharata
    abhyutthanam adharmasya
    tadatmanam srjamy aham




  • pedda

    an hour ago

    Pur Pur Modi Har Har Sadu Tus Tus UP Dus Dus India

    yada yada hi Votasya
    kami bhavati bharata
    abhyutthanam opposisansya
    tadatmanam demonetization aham




  • Subramanian Thangavelu

    4 hours ago

    Paradigm shift in Indian Politics and Governance.




  • Prabhakar Pandit

    6 hours ago

    A march for Hindu Rastra.






  • Bob

    Prabhakar Pandit

    6 hours ago

    Hindu Rastra my SHAATA. These politicians are beautifully playing the
    religious sentiments of Indian educated and uneducated morons. They
    dont even know the meaning of HINDU. HUMANITY and RIGHTEOUSNESS all
    matters for a development of our nation and the world.




  • Jack

    6 hours ago

    Until now I trusted and liked Modi that he is true friend of
    minorities.But Modi has shown his true color by appointing Adityanath
    as CM. Muslims voted BJP ,Modi has backbited .Adityanath is not even fit
    for a chaprasi position ,Now I hate Modi most.




    • Katewal

      Jack

      5 hours ago

      Your love towards Modi is a BIG LIE. The truth is that the
      Christians/Muslims are blinded by their religion, falsely think that
      they inclusive/secular which they are NOT, and are the biggest
      hypocrites. Yogi Adityanath is a well educated, a capable leader,
      inclusive of everyone, and provide real help to the minorities unlike
      the corrupt/communal parties like the congress, the SP, the BSP, etc who
      have been using Christians/Muslims just as “vote bank” without
      providing any real help.




    • Jack

      Katewal

      4 hours ago

      I didn’t say I love Modi , I said I liked him. For your information
      Christians and Muslims voted overwhelmingly in favour of BJP ignoring
      their religions.Educated means not by degrees but by characters and
      moral . Adityanath is only educated in polarizing society. Adityanath
      is similar to Saeed Hafiz who is also educated but radical thinking .
      Radicals are radicals whether muslims or hindus . Both are destructive
      to society .I am surprised by Modi’s choice . A man with so many
      criminal cases pending can not be a guardian of a state .






  • Polar Grass

    Jack

    4 hours ago

    If the voters wanted the appeasement politics of SP/BSP/Congi to continue, they had ample choices on their plates.

    Let the party rule for TWO years — not even FIVE — and you will have a say in 2019!




    • Jack

      Polar Grass

      3 hours ago

      Voters were tired of appeasement politics that’w why we voted BJP. I
      am concern about mind set of Adityanath . Adityanath is no less than
      Saeed Hafiz in polarizing society .I am surprised by Modi’s choice . A
      man with so many criminal cases pending can not be a guardian of state .




    • Polar Grass

      Jack

      an hour ago

      The guy has not yet entered the CM’s chamber.
      Give him some time. What you say now you cannot retract it later.

      If govt can give air travel subsidy to the Hajis, it should construct at least a cottage for Lord Ram in Ayodhya. IMHO.




  • herovaz

    Jack

    14 minutes ago

    Next, an Archbishop will be the CM in Kerala !!!




  • Bob

    7 hours ago

    The downfall of BJP started with this stupid move.








  • ravindra k

    Bob

    2 hours ago

    lol, if your Maya,Mumtaj bicchan, Chinnamma,Mulayam,Kujli etc etc can
    be CM, why not a non-corrupt , clean hand, hugely popular , 5 times
    winner, qualified Hindu cant be CM??.. why?? just b’coz he doesnt need
    appease vote bank and yet win handsdown with thumping
    majority??..managing discontent among 300+ legislators is no easy task
    with dishonest real fake media baying to break party by instigating
    vulnerable legislators and ministry aspirants….!! Look at Sidda’s govt
    for power struggle by disgruntled MLA’s..




    • Bob

      ravindra k

      2 hours ago

      Dude I dont freakin care about any of the names which you mentioned. I
      care about the future of India. Educated stupids like you think and
      debate in this way. Country needs to adhere with our Constitution. And
      what in the hell is that azzwipe who came from middle of nowhere,
      doesn’t have political experience has to do with Politics. Now majority
      of loafers will wear saffron and it become a uniform for another
      terrorist outfit in India. Christians followed by Islam has terrorized
      this whole world. Now you want Indians to wear saffron and terminate the
      world with their monster religious atrocities. You people of India will
      never think about your future. You debate like dogs and die with
      stupidity. I sincerely forecast the BJPs downfall and rise of new
      religious terror in India.


    18

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