MEMORANDUM

‘CORRUPT PRACTICE IN STATE OF ARUNACHAL PRADESH’

April 5th, 2019

Ref: oo14A/2019

INDEX

SL.NO Particulars Page

No.s

1. Representation on emergence of grave and corrupt

practices in state of Arunachal Pradesh

2. Annexure 1:
Copy of Social Media post reporting the raid and
consequent seizure by Pasighat Police on 03.04.2019

3. Annexure 2:
Details of the Vehicles, which were transporting the
seized cash.

4. Annexure 3:
Copies of the video recording of the raid and consequent
seizure carried outby the Pasighat Police on 03.04.2019
(supplied via email and presented before this Hon’ble
Commission)
 MEMORANDUM

April 5th, 2019

Ref: 0014A/2019

To,

Chief Election Commissioner &

His Companion Election Commissioners of India

The Election Commission of India,

Nirvachan Sadan
New Delhi - 110001

Dear Sirs,

RE: EMERGENCE OF GRAVE & CORRUPT PRACTICES BY

ARUNACHAL PRADESH CM SHRI PEMAKHANDU, DEPUTY CM,
SHRI CHOWNA MEIN AND BJP ARUNACHAL PRESIDENT, SHRI
TAPIR GAO IN A CASH FOR VOTE CONSPIRACY.

I.
On behalf of Indian National Congress, we the undersigned, are compelled to
bring to the attention of the Hon’ble Election Commission a significant and
shocking incident that demands immediate action.
On April 3rd, 2019 a midnight raid on the convoy of Arunachal Pradesh CM
and BJP leader Shri Prema Khandu, Deputy CM, Shri Chowna Mein and BJP
Arunachal President, Shri Tapir Gao found Rs 1.8 Crore in stacks of
hard cash in brazen violation of the Model Code of Conduct. See
Annexure 1.
To elaborate; the cash was being reportedly transported in certain vehicles
parked at the Siang Guest House, Pasighat. 5 vehicles were searched in the
presence of the complainants who belonged to the Youth Congress.
The search resulted in recovery of cash of Rs. 1.80 Crores in denomination of
Rs. 500 each. See Annexure 2 and Annexure 3.
Information regarding the event suggest that the cash was counted by police
officers in the presence of Election Commission’s Expenditure Officer Smt
Samrita Kaur Gill (IRS, her Observer Code is R-26172). DC Pasighat Smt
Kinny Singh (IAS) is also heard in a video that has emerged and stacks of cash
are clearly visible along.
The crucial fact is that these incidents took place shortly before the Prime
Minister’s rally in Pasighat, Arunachal Pradesh was to be held on April 3rd,
2019. There is, therefore, a clear link between the cash seized, the
individuals whom it was seized from and the event (of the PM’s
rally) which expose the nature of this conspiracy to smuggle illegal
cash as orchestrated for and on the behest of the BJP.
It must also be noted that Shri Tapir Gao, has been a habitual offender when it
comes to being found in possession of large amounts of cash. Before the
Manipur elections, he was stopped by Income tax department with a large
amount of cash in Guwahati airport while he was coming from poll bound
Manipur.
That the abovementioned offences warrant immediate exercise of the EC’s
constitutional powers under Article 324 of the Constitution of India.

II.
Concealing and hoarding cash during an election, in this manner and fashion,
is treated by our electoral laws as a serious violation and as a “corrupt
practice” which is grounds for termination of candidature. The relevant
sections that have been violated are:

Representation of the People Act 1951:

If a candidate or political party is found with cash above a certain limit

(normally Rs.50,000) and has no documents to explain the same in a
reasonable manner, then the party shall prima facie be assumed to be using
that money for the purposes of bribery and undue influence which are corrupt
practices under the Representation of the People Act, 1951.

Section 123(1) Bribery.

123. Corrupt practices. — The following shall be deemed to be corrupt

practices for the purposes of this Act:—
“(1) “Bribery”, that is to say—
 (A) any gift, offer or promise by a candidate or his
agent or by any other person with the consent of a
candidate or his election agent of any gratification, to
any person whomsoever, with the object, directly or
indirectly of inducing—
(a) a person to stand or not to stand as, or 2[to
withdraw or not to withdraw] from being a
candidate at an election, or
(b) an elector to vote or refrain from voting at an
election, or as a reward to—
(i) a person for having so stood or not
stood, or for 3[having withdrawn or not
having withdrawn] his candidature; or
(ii) an elector for having voted or
refrained from voting;

(B) the receipt of, or agreement to receive, any

gratification, whether as a motive or a reward—
(a) by a person for standing or not standing as,
or for 4[withdrawing or not withdrawing] from
being, a candidate; or

(b) by any person whomsoever for himself

or any other person for voting or
refraining from voting, or inducing or
attempting to induce any elector to vote or
refrain from voting, or any candidate [to
withdraw or not to withdraw] his
candidature.
Explanation.—For the purposes of this clause the
term “gratification” is not restricted to pecuniary
gratifications or gratifications estimable in
money and it includes all forms of entertainment
and all forms of employment for reward but it
does not include the payment of any expenses
bona fide incurred at, or for the purpose of, any
election and duly entered in the account of
election expenses referred to in section 78.]

(2) Undue influence, that is to say, any direct or indirect

interference or attempt to interfere on the part of the
 candidate or his agent, or of any other person 5[with the
consent of the candidate or his election agent], with the free
exercise of any electoral right:”

The penalty for this is immediate disqualification of the candidates for whom
the cash was intended and from whom the case has been seized.

Indian Penal Code 1860

Section 171B of the IPC is also applied against candidates from whom cash is
recovered in such vast quantities.

“171B. Bribery.—
(1) Whoever—
(i) gives a gratification to any person with the
object of inducing him or any other person to
exercise any electoral right or of rewarding any
person for having exercised any such right; or
(ii) accepts either for himself or for any other
person any gratification as a reward for
exercising any such right or for inducing or
attempting to induce any other person to
exercise any such right; commits the offence of
bribery: Provided that a declaration of public policy or
a promise of public action shall not be an offence under
this section.
(2) A person who offers, or agrees to give, or offers or
attempts to procure, a gratification shall be deemed to give a
gratification.

(3) A person who obtains or agrees to accept or attempts to

obtain a gratification shall be deemed to accept a gratification,
and a person who accepts a gratification as a motive for doing
what he does not intend to do, or as a reward for doing what
he has not done, shall be deemed to have accepted the
gratification as a reward.]

The other section applied by the police is section 171C in the IPC:

“171C. Undue influence at elections.—

 (1) Whoever voluntarily interferes or attempts to
interfere with the free exercise of any electoral right
commits the offence of undue influence at an election.”

III.
It is crystal clear from recent illustrations that the Hon’ble Commission has
chosen to adopt a zero-tolerance policy towards candidates who engage in
corrupt practices.
It is also clear that the Hon’ble Commission enjoys vast and
expansive powers under Article 324 to arrive at justiciable
solutions to ensure that the integrity of the electoral process is not
compromised. In this case, the only available remedy compatible with the
principle of zero-tolerance towards allegations (and evidence) of corruption, is
the disqualification of all the parties involved namely; the BJP President, the
CM and Deputy CM of Arunachal Pradesh.
Furthermore, the Prime Minister himself would be liable if the ECI is able to
establish, and the inference is compelling given the evidence, that the money
was being transported for the benefit of his rally.
We therefore, humble and respectfully, seek the following directions from the
Hon’ble Commission:
1. To take all such actions as may be necessary and required in law and
direct immediate barring/disqualification of ; and CM Shri Pema
Khandu,Deputy CM, Shri Chowna Mein and BJP Arunachal President,
Shri Tapir Gao in what is obviously, a cash for votes conspiracy.

2. To take all such actions as may be necessary and required in law

including direction for registration of offences against all identified
parties, for violation of provisions of the Indian Penal Code, 1860 and
the Prevention of Corruption Act, 1988;

The Pasighat recovery is of enormous value considering that all the

individuals in question can be easily identified and there is a direct linkage
between the party in power and the events that occurred.
We hope the ECI will treat this matter with urgency and take swift and
decisive action to ensure that a strong precedent is set.
Warm Regards,