To,
The competent concerned,
Sir/Madam
All the elections conducted by Election Commission of India and
subsequent constitution of the respective legislative bodies and
consequent formation of the Governments at the centre and states and
passing/making order and decisions on the issues of elections by the
Judiciary are unconstitutional and illegal on the following grounds:-
(1) Late Dr. Rajendra Prasad was not the President of India from 26th
January 1950 to the first due election of the President after the
general elections in the country. The Constitutional provisions
relating to the office of the President and his election under Part V
Chapter I Articles 52 to 62 came into force on the commencement of the
Constitution of India i.e.,26th January,1950 but he continued till the
first election of the President without any legal and constitutional
basis. That is constitutionally wrong and illegal.
(2)Late Jawahar Lal Nehru was not the Prime-Minister of India from
26th January 1950 to the first due election of Lok Sabha in April-May
1952. The constitutional provisions relating to constitution of the
Lok Sabha Part V Chapter II came into force on the commencement of the
constitution of India.The interim /provisional parliament from 26th
January, 1950 to the first general election of the Lok Sabha was
constitutionally wrong and illegal.
(3) As the consequences of the above stated facts the Passing and
enforcement of the two election laws namely the R.P.Act. 1950 and 1951
are constitutionally wrong and illegal and as such they have no
mandate to be implemented as the constitutionally constituted
Parliament was not there at that time.
(4) The similar is the case with constitution of State Legislative
bodies in the respective states and formation the respective
Governments in the States during 26th January 1950 till the first
constitutional legislative election in the state.
(5) The Supreme Court decisions reported as Air 1959 SC 1318 para 12,
Air 1972 SC 2284 para 12 and Air 1999 SC 1723 para 25 mandate that
the candidate must be an elector in the constituency for M.P.(Lok
Sabha directly elected) and Vidhan Sabha( directly elected)
elections. But Election Commission of India despite being respondent
party in 1972 judgement and having full knowledge and possession of
the decisions having been produced by me is adamant not to implement
the law laid down by the Apex Court and has been conducting
unconstitutional and illegal elections permitting non elector in the
constituency to contest elections. Thereby elections are totally
against the constitutional judicial mandate of the country.It is
illegally permitting the outsider to contest election of Lok Sabha in
a state. The Meira Kumar being SC of Delhi has been getting benefit of
reservation in different stated in the elections of the Lok Sabha
which is totally against Article 330 of the Constitution of India.
Even the Sonia Gandhi and Rahul Gandhi and similarly situated other
members of the Lok Sabha are not elector in their respective
constituencies and even outsider to the concerned states.
(6) If the elections are illegal, subsequent constitution of the
legislative bodies and the formation of the Government and decisions
of the Judiciary are unconstitutional and illegal.
It is required in the interest of justice to take immediate needful
action to save the constitutional democracy of the country.
With thanks.
Bindeshwar Sah Advocate
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