Whispers Forum

NOTA - 'None Of The Above' option in the election process, introduced upon the intervention of the Supreme Court in 2013, has demonstrably proven to be ineffective in achieving the ultimate objective of providing clean candidates to the voters to choose from. Thus, it is contrary to the concept, that the best available men should be chosen as people's representatives, for the proper governance of the country. The present form of NOTA in India, considers the vote cast as NOTA, to be invalid votes, except for the purpose that they be categorised as a separate entity. They are not taken into cognizance for calculating the total valid votes, nor are they considered for determining the forfeiture of deposits of the losing candidates.
The essence and spirit of NOTA also entails the right to reject, according to the learned judges of the Supreme Court. But the existing provision in Indian elections, does not accord weightage to that right of rejection. Presently, in case of NOTA getting the majority vote, the candidate polling the next highest votes is elected. Where then is the rejection ? It is like bestowing the oxymoron 'cruel kindness'. When a choice of “none of the above” has been exercised, it follows from logical deduction, that it is an "against all" vote. That is to say, that all those who participated as candidates, do not enjoy the confidence of the voter. So, if NOTA is in majority, all others should be set aside as not fit to provide clean and efficient governance, and ideally, a second round of elections to be held.
The above lacunae calls for a case being made for NOTA, with enough teeth to achieve the desired objective, by putting a proviso of automatic by-election, if NOTA is in majority. This would be in alignment with the democratic tenet, that the majority has given a vote of no-confidence in the candidates. The preamble to the constitution of India states democracy to be the platform for governance, it is only fair for the citizens to expect a robust election system without an Achilles Heel. The chink in the armour, in the present form of NOTA, perpetuates the negativities of a democratic system, without palliating measures to improve the system. Extending the NOTA logic, ad nauseam, it means that if 99 voters out 100 opt for NOTA, (and NOTA being invalid), then the first past the post principle declares the candidate with only one vote to be the winner and set to rule over the others. (And this single vote, would in all probability, be his own vote)
NOTA then becomes "NO OPTION TO AVAIL". It is like two wolves and a sheep, voting democratically, and deciding by majority, on what to have for dinner. The rightful citizen is led, like a lamb to the slaughter. In this scenario of Hobson's choice, the voters are impelled to desist from casting their vote, setting up an atmosphere of alienation. In the absence of a credible NOTA, it is like being asked if you'd like a slap on the cheek or the bottoms. Since the voters don't like to be slapped, they see no reason to participate in the farcical election.
And then democracy becomes, in the words of Thomas Carlyle, "a palpable incredibility and a delirious absurdity".
Abraham Lincoln, considered to be the father of democracy, called it a government of the people, by the people, for the people. But he also said, "Elections belong the the people. It is their decision. If they decide to turn their back on the fire and burn their behinds, then they will just have to sit on their blisters".
So, LET THE PEOPLE DECIDE. Who would clean the Augean Stables?
Footnote: Latest decision by Supreme Court on 25-09-18 leaves the decision to clean the cesspool of corrupt and charged politicians to the Parliament, where 33% of the representatives are tainted.
Dr. D.P. Singh
Ex.Addl.Director, Higher Education, MP &
Narendra Varma
Ex. AGM, BHEL

Building “ Kartarpur corridor ” flanked by barbed wire fence to allow Indian pilgrims to cross over into Pakistan, visit the shrine, return the same day, has been a long-time dream .The corridor will require a bridge to be constructed over river Ravi . Passports , visas could be dispensed with to facilitate free passage to Indian pilgrims.
Whatever may be the position, India's security cannot be compromised under any circumstances. Recall how a gurdwara in London recently distributed posters , leaflets to publicise the so-called “Sikh Referendum 2020” by the Khalistanis. How Ajay Bisaria India's envoy to Pak was humiliated and denied permission to visit the shrine ?
Intentions of Pakistan and its Khalistani sympathizers have always been and will always be suspect. The corridor, once built , could be misused by both the State and non-State actors of Pakistan to infiltrate into India, carry out their nefarious designs by triggering terror attacks across India. Had
Navjot Singh Siddhu has made a joke of himself by first hugging Gen Bajwa on Pak soil and then issue unwarranted statements with no concern for India's security. He merely succeeded in scoring a self goal. All this at the behest of Rahul Gandhi, his chaatukaars, secret contacts in Khalistan and the ISI. Regrettably, Sidhu continues to remain unrepentant and boastful under the misplaced perception as though he had done something enviable by hugging the Pakistan’s killer General Bajwa.
Corridor will be built on Pakistani soil. Will Pak agree to give land to India gratis or at market cost? What will be India’s stand, in case, Pak demands land on Indian soil ,in return? If, so where in India land will be given to the enemy country?
A K Saxena (A former civil servant)

So what are the alternatives available to the Central Government to offset the Price rise, control outgo on petroleum products and offset the Savarn unrest and farmers agitations at the same time -
1) Raise the age of retirement by two years. This will do threee things simultaneously. One it will reduce immediate burden of huge retirement benefits as outgo and provide for handy cash that can be used to subsidize farmer related issues. Secondly it will to a great extent give relief to those savarn employees who have been denied promotion due to pending court cases on reservation. Many States and also have stayed all promotions pending decision on reservation cases for last few years and employees are retiring without promotions due to this. Thirdly it will offset the effect on employees of the expenditure control measures suggested in item 5 below.
2) Double pricing should be introduced on petrol for two wheeler and four wheelers. Two wheelers can be given per month subsidized quota on Adhar based identification. This will give huge relief to the middle class and agriculturists using two wheelers.
3) Diesel for agricultural and transport should be subsidized. Double pricing here is also necessary to exclude diesel SUVs and diesel based cars.
4) Control on import and manufacture of general and luxury cars is important. Unabated buying of cars needs to be regulated. One car per family norm or something like that needs to be introduced on Singapore lines.
5) Immediate expenditure cuts of 10% needs to be introduced on all establishment related expenditures in government. Outsourcing also needs to be checked to find out whether it has led to more expenditure than before. It is observed that in name of outsourcing much more expenditure is being done on services like hiring vehicles, stationary, computer operators etc.
Narendra

A loan was obtained by one Mr. R.K. Rohilla for which the appellant purportedly stood surety. A recovery of Rs. 1,64,000/- + interest was effectuated from salary of the appellant upon order of attachment issued from Court of Registrar of Cooperative Societies, Delhi. The Appellant addressed a letter dated 05.07.2016 to the Assistant Registrar mentioning that he has neither took any loan nor stood as Guarantor for Mr. Rohilla. Vide RTI application dated 23.07.2016, the appellant sought action taken upon on his letter. The CIC held that the ends of justice require that the appellant be furnished with copies of complete file of claim application filed by credit society before RCS. The proof of appellant having stood surety towards the loan agreement as submitted by Credit society before RCS shall be made available to the appellant.
Comments
In case of commercial disputes, the RTI Act has emerged as a possible tool to resolve the same in an amicable manner.
Citation: Mr. Raj Kumar Respondent v. Assistant Registrar-(S-III, T&C) O/o the Joint Registrar Registrar Cooperative Societies, GNCTD in No.CIC/RECOS/A/2017/109027, Date of Decision: 01.08.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at http://www.rtifoundationofindia.com/

BJP in face of Petrol-Diesel price rise, Sawarn Andolan and above all the Farmers Unrest has been advised following ShrimadBagwadGita shloka-
हतो वा प्राप्य्सी स्वर्गं जित्वा वा भोग्यसे महीम I
तस्मादुत्तिष्ठकोंतैय युद्धाय कृतनिश्चय II
(If you loose in war you will get swarg, if you win you will enjoy ruling this earth. Hence get up with determination to fight the war)
The message is that get up and act on the popular issues immediately before it is too late. Relief to farmers by farm loan waiver, reduction in taxation on petroleum products to reduce petrol -diesel prices are need of the hour. If you go by the financial norms and advise of the bureaucracy at this juncture then you may not be there to take decisions later ! And if you take popular decisions and still loose then the others (winners) will bear the financial brunt of that ! Hence fearlessly take popular decisions.
Mahadev
Why 1990 IAS left out ?
Posting orders of 1989 batch IAS as Additional Secretary has been issued on 17.09.18. When will 1990 IAS get their orders for posting as Additional Secretary ? Both batches were empanelled together on 19.07.18. Whispers should throw light
R Kumar

Let me come straight to the point. Continuous rise in prices of petrol and diesel has a ripple effect on the wholesale and retail inflation .Petroleum ministry seeks to justify this on account of global crisis, on which it has no control. I am not an expert. But, the argument seems largely fallacious.
Let the Governments at the Centre and States take some innovative steps by way of austerity measures, on which they have control. No instructions have been issued by the laidback Finance Ministry to limit expenditure on petrol and diesel. Ministers , bureaucrats and public sector executives rampantly misuse the facility. No restrictions, no accountability.
Another suggestion for Government’s consideration. PM Modi has always laid stress on having a smart bureaucracy. Having a slim-trim bureaucracy will eliminate unnecessary drain on public exchequer. Ground realities are, however, different. Failure of bureaucrats who are good advisors but bad implementers.
Ministry of Finance is expected to be pro-active in curtailing its non-productive expenditure. To have a smart bureaucracy at the Centre and States, for instance, posts of Directors, Addl Secretaries, Principal Secretaries, Addl Chief Secretaries etc are redundant. Similarly, posts of Addl Commissioners, Joint commissioners, DDGs, ADGs are being created in several ministries under garb of Cadre restructuring. No one cares to examine whether there is matching increase in responsibilities and workloads.
Worse, posts of consultants are being created at the Centre and States with impunity to favour the favourites from outside or rehabilitate the retired bureaucrats. There is a big scam introduced during the UPA regime, that continues till date. This is no way to create employment. Services delivery mechanism continues to be hopeless due to failure of Right to Services Act. Penalty clause is never invoked
Public would be comfortable with a lean, thin and smart bureaucracy in this digital age. But, accountability is imperative. Maximum Government means Minimum Governance and Maximum corruption. Political Executives and bureaucracies across the country, are expected to lead by examples Political rhetoric may not impress the gullible voters.
A K Saxena (A former civil servant)