Validity of penal provision in case of wrong complaint against EVM’s deviant behavior challenged in SC

Is a threat of FIR in case of a wrong complaint against EVM’s deviant behavior justifiable? Can a person accused of any offence be compelled to be a witness against himself? We will get answers to these question after hearing of a petition in the Supreme court. Mumbai based Lawyer and RTI activist Sunil Ahya has challenged the validity of the penal provision in case of mismatched voting. Ahya mentioned this petition before Chief Justice on 24 April. Court ordered to list the matter On 26 April however on that case was not listed hence Ahya again mentioned it on 26th and court ordered to list it on 29th. So petition may be admitted on 29th of April.

Ahya has prayed Supreme Court to set aside Rule 49MA of the Conduct of Election Rules, 1961 except for the procedure prescribed for purpose of creating a statistical record of the complaints; and to register the complaint of any deviant behavior of the electronic machines/equipment used in the process.

There may be counter arguments on the complaint that ‘Press Any EVM Button and vote go to an unintended candidate”. But the political leaders like Sharad Pawar, Arvind Kejriwal, sushilkumar Shinde, Akhilesh Yadav, Mayavati and thousands of other people across India have complained outside polling booths about EVM VVPAT vote mismatch. However, not sure if machine’s behavior during test vote & scared of facing FIR, no one except one in Sangli of Maharashtra challenged mismatched vote under section 49 (MA) of election rules. 

Even ex DGP of Assam alleged EVM tampering after casting vote but didn’t dare to complain. This needs to be changed. The person casting vote should be sure of his vote has gone to the intended candidate only. If there is doubt in his mind it should be cleared immediately. 

Rule 49MA of the Conduct of Election Rules, 1961 mandates elector to give declaration in case of mismatched voting. This rule read with section 177 of the Indian Penal Code, criminalizes the reporting of deviant behavior of EVM & VVPAT. After complaint of mismatched voting the presiding officer if an elector after having recorded his vote under rule 49M alleges that the paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for, the presiding officer has to obtain a written declaration from the elector as to the allegation. And after such declaration is obtained the Presiding Officer then permits the elector to record a test vote in the voting machine in his presence and in the presence of the candidate or his representative.

Also, is it fair and just to charge an elector for reporting such deviant behavior and to ask himself to be a witness against himself? As per article 20(3) of the Constitution. No person accused of any offence shall be compelled to be a witness against himself.

This all system puts the burden of proof on the elector, who has to face the criminal charges irrespective of whether that reporting is truthful and honest. This deters an elector from coming forth and making any complaint. This system also gives clean chit to the machine against which complaint has been made. Faulty machines sometimes may also record correct results. And that is the reason people don’t dare to complain even if they are sure of deviant behavior of EVM. Hence should be allowed to complain without fear of any action against him. 

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Is DSK exploiting Investors, FD holders and flat buyers ?

While DSK Shivajians players had threatened hunger strike for their salaries, investors - F D Holders - of this group (?) companies have knocked Primes Minister Narendra Modi’s door to get their money back.

Unless Government intervene there are hardly any chances that investors will get their money back.  The reason behind fall of the company is not the market situation. It was the intention of the D.S kulkarni (DSK) and some of his family members that sank the ship.

Since beginning DSK and his family members siphoned of hundreds of crores  rupees to their private firms or individual accounts.

The documents reproduced in this post are available in public domain and I have studied those.

Recently DSK openly admitted that he used DSK Toyota’s funds to refund Fix Depositors (FD) money, and that led to sick that unit. However that didn’t stop DSK and  his family’s lavish lifestyle. In December 2016 DSK’s son Shirish kulkarni moved to Trump Towers to accompany Bollywood actors.

He has taken on lease 6074 sq ft flat with three covered parking’s. Lease is for five years and per month rent is 400,000/ ( Four lac rupees ) .And off course  if one moves in such a lavish property it needs crores of rupees for furniture.

And wait! That money is not spent by DSK or shirish kulkarni from their pocket. They have used DSK Motors Pvt Lts’ money of which DSK, Shirish, Tanvi and Amit Kulkarni are partners.

Meanwhile here DSK Toyota’s Bavdhan unit has been sold to Nanawati of Surat, Nagar to Wasan. Rest of the dealership have no buyers. And now Toyota has cancelled all the DSK dealerships with immediate effect

Lease Deed of DSK Motors Pvt ltd signed by Shirish kulkarni

Before going further we need to understand some facts.

D.S. Kulkarni Developers Ltd. (DSKDL) is a public limited company.  DSK Group of Companies has various registered private companies and partnership firms operating under different names e.g.D.S. Kulkarni and company, DSK Associates, DSK Sons, DSK Developers, DSK Toyota etc. 

Hemanti Deepak Kulkarni is DSK’s second wife .  Anuradha Purandare and Vaijayanti Mudgal are sisters of Hemanti Deepak Kulkarni. Shilpa Makrand Kulkarni and Swarupa Makrand kulkarni and Sae Kedar Vanjape are  daughters of DSK's brothers. 

Ashwini Sanjay Deshpande is daughter of DSK through his first wife Jyoti. Shirish Deepak Kulkarni is  son of DSK through Hemanti Deepak Kulkarni. Hemanti Deepak Kulkarni and Hemanti Nilkanth Phadke are the same person. 

Why she has kept the both identities alive and why on the record Shirish Kulkarni is shown as Jyoti’s son ? - we will discuss it later.

In DSKDL’s shareholding pattern Hemanti Kulkarni and Hemanti Phadke shares are shown in both names.Normally we don’t discuss family matters publicly but when it comes to public

money we need to discuss it also.

It is said that around the year 2007, DSKDL started developing a Special Economic Zone (SEZ) but lateron but converted the same to a  181 acre township at Fursungi, Pune (now known as Dream City). But that is not true, If we go through the sale deeds it was clearly mentioned that they were purchasing land for SEZ ? Special township. DSKDL merely used SEZ permission for stamp duty exemption.Though township project proposed at fursungi was of 181 acres. DSKDL purchased around 220 acres of land.

The entire land has been purchased by DSK group companies and the family members and related persons with conflicting interests and then sold to DSKDL at a very inflated price causing great losses to the shareholders.

This list shows how money was given to D.S Kularany and company for mere consent.And this is not complete list of transactions .There are several other such transactions

On behalf of a partnership firm called D.S.Kulkarni & Company ( not DSKDL) someone would sign a visar pavti with a landowner. 

And then after three to six - months DSKDL would purchase the same from landowner and D.S.Kulkarni & Company would remain consenting party.

Interestingly DSKDL would pay landowner at the rate of 55 lac/acre and 75 lac/ per acre to consenting party i.e. D.S.Kulkarni &  Company.Thus the land was worth 55 lac per acre would cost DSKDL 1.30 crore per acre.

For example if we look at a Sale Deed no 2843 of 2007. In this case Vaijayanti Mudgal on behalf of partnership firm D.S.Kulkarni & Company signed a visar pavati with landowner at the rate of 55 lac per acre and paid advance of rupees 19.45000 rupees. Total land cost decided was 5.34.87.500 ( Five crore thirty four thousand five hundred )

Within six months DSKDL purchased this land from landowner and D.S.Kulkarni &  Company remained as consenting party. DSKDL paid entire amount payable to landowner i.e  5.15.42.500 ( five crore fifteen lac forty two thousand five hundred ). And 7.29.37.500     ( Seven crore twenty nine lac thirty seven thousand five hundred)  were paid to D.S.Kulkarni and Company.Thus by spending only 19.45 lac D.S.Kulkarni & Company got 7.2 crore rupees within six months.

Another way of direct purchase of land was from relatives. 

Another way of direct purchase of land was from relatives.

For Example Hemanti Deepak Kulkarni purchased two plots at fursungi wide Sale Deed 6688 and 8050 in September and November 2007 at the cost of approximately 50 lac. 

And sold it to DSKDL at 1.12.12.500 ( One crore twelve lac twelve thousand 500 ) within six months of purchase. 

Thus giving straight away about 72 lac rupees  to Hemanti Kulkarni.

Interestingly Ready Reckoner Rate shown when she purchased the plots in 2007 was 30 lac rupees and when she sold it to DSKDL it was shown 12.00.600 (Twelve lac six hundred).

It is very much evident that hundreds of crores of rupees have been siphoned off by inflating prices of land and keeping the difference within the family.  All sales &  purchases have been done with Full Knowledge, Conspiracy, Interest and Blessings of DSK for personal and family benefit. In  DSKDL’s dream city project at fusungi only D.S.Kulakarni &  company and other individuals were given around 275 crore rupees.  Imagine the scale of siphoning money!.

In an open letter written to Prime Minister Modi, the investors have alleged that, DSK is a renowned public speaker and motivational lecturer; his speeches on morality and work ethics have attracted almost every investor out here.  But unfortunately off late he appears to be using all his motivational energy and oratory skills in exploiting Investor’s emotions who are waiting in the hope of getting justice one fine day.You can red and sign that petition here

Its very interesting, intriguing and baffling that Mrs. Hemanti Deepak Kulkarni introduced as President of DSKDL and wife of CMD of DSKDL Mr. Deepak Kulkarni was also simultaneously operating as Ms. Hemanti Nilkanth Phadke . 

The shareholding pattern of DSKDL  in 2011 of DSKDL in promoter or promoter group category Hemanti’s name appears twice.Hemanti Phadke and also as Hemanti Kulkarni. 

Not only that! 

Hemanti Deepak Kulkarni bears passport as a wife of DSK since 1990! 

However in a nomination form filed for Loksabha Election only Jyoti’s name has been shown as his wife.

Why they did  all these things? - which could be misleading to statutory authorities, shareholders, investors and all other interested parties - needs to be investigated.

In his latest video DSK has confirmed that he has used flat buyers' money to repay FD holders money. This is a violation of Real Estate act and then Maharashtra Ownership Flats Act

But there is nothing new in that DSK has raised FDs in group companies without RBI permission. And almost all finances of all the companies are controlled by Hemanti Kulkarni.

This is not all. Lot is there to come ahead!

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Complaint against wasteful expenditure on coffee table book by CIC

While Prime Minister Narendra Modi is engaged in taking steps to curb corruption, many agencies are involved in encouraging corrupt practices. Wasteful expenditure of public money to impress authorities is also corruption. Recently a coffee table book on success stories of Right to Information “Trust Through Transparency” was unveiled at central information commission’s (CIC ) annual Convention. CIC has spent more than 17 lakh rupees on that book, but only 6 copies of the book were ready at the unveiling function. 

Copies of the book could not be distributed amongst Information commissioners or other participants present at the Convention for the reasons best known to CIC only. However, a soft copy of the book was published on the CIC web site on the same day. Big question is where was the need to print the book at an exorbitant cost of Rs. 17 lakhs when it was to be published on line? This is complete waste of public funds because the only purpose served was to uplift the image of the Chief Information Commissioner.

Normally coffee table book is an oversize, large, expensive book with a lot of pictures, intended to be looked at rather than read. As mentioned in book itself it was printed for limited circulation and academic purpose only. However coffee table books are not meant for academic purpose.

As well as per the press and registration of books act, 1867, every book or paper printed within India must have printed legibly on it the name of the printer and the place of printing. The coffee table book does not mention any of it. The book was unveiled at the hands of union home minister

Over 800 copies of the book are​ ​now being sent to the CIC by Yashavantrao Chavan Academy of Development Administration (YASHADA) from Pune.​​ ​Transportation will cost about Rs. 8000 by rail. However, copies of the book now to be sent (If at all sent) to individual dignitaries from Delhi by any mode will cost over Rs. 4 lakhs, thus making the total cost of the project at over Rs. 21 lakhs. Despatching the book of just 124 pages but costing over​ Rs. 1700 ​ ​per copy and weighing over a 1.6 kilo will thus put additional burden on the finances.

Although the stories published in this Coffee Table book are no doubt ​​inspirational. ​Spending  ​Rs. ​21 lakhs on this project, especially when book is available online is complete waste of resources and funds.

In nut shell, CIC​ ​in collaboration with YASHADA​ ​has wasted Rs. 17 lakhs of public money because it has not turned out to be cost effective .Therefore, Major general (retd) SCN jatar and this writer from Pune have   requested Prime minister Narendra Modi to recover this money from the officials of CIC who approved this expenditure. 

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Is Election Commission Of India really unbiased ?

Many Public authorities in India have adopted online grievance redressal mechanism. Election Commission of India(ECI) is also amongst them. ECI is responsible for administering all the electoral processes in India. It supposed that under the supervision of the commission, free and fair elections are held. However when it comes to redressal of complaints or grievance, I doubt whether ECI is really unbiased or how? .There is reason why I doubt election commissions procedure.

On 4^th march 2014 I lodged online complaint with election commission of India. Promptly they sent me acknowledgement. Redressal time given to  my complaint was 10 days. However even after 25 days ECI has not taken any decision on my complaint. If there is no substance in complaint they should have disposed it off with reasons. What is point in keeping the complaint hanging? Why 10 days response time was given to me and what happened to it? I had lodged complaint against Pune Divisional commissioner Prabhakar Deshmukh. He has very strongpolitical backing and can easily manipulate the election procedure.