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An appeal from Advocates of Meerut Bar Association, Lead by Adv. Virender Kr. Gupta :   Original Document Right to punish the culprit i.e MP's / MLA's / Minister, through zero investment and how to restrict MP/MLAs from using corrupt malpractices during their tenure.


Honorable The Chief Election Commissioner

Nirvachan Bhawan

New Delhi

Legislative Assembly) by the voters of their respective constituencies

SUBJECT: Appeal for RIGHT TO PUNISH (Only for Ministers / MP / MLA / Elected peoples Representatives

Respected Sir,

Most humbly it is submitted as follows:

1.  That India is a democratic country and has its own constitution. As per the preamble of the constitution of India, we the people of India are master/owner and the elected representatives like MPs/MLAs are public servants.

2.  That as per the “Representation of People Act 1951”, MPs/MLAs perform their duties for five years and thereafter fresh elections are conducted.

3.  That in recent past few years several criminal cases of public servants particularly M.P.s and M.L.A.s have been reported in print and electronic media that involved the abuse of official posts, mal and corrupt practices, deception of voters, violation of oath taken under Third Schedule of Constitution of India.

They committed the criminal offence behind the screen to reach pecuniary advantages to themselves and their near and dears but no single person or group of persons dares to lodge any F.I.R. against them because of their ‘dabangai’. If someone dares to go to Police Station, the report is not lodged. If any complaint is filed through courts of law or otherwise no fair investigation is made, no action is taken against these so called Honorable members/ministers. They win over the witnesses by using their muscles and money power and if the case is reached to the court, they abuse the process of law and are able to manage the case in their favor and the end result is big ZERO.

They are left unpunished. That’s why the political corruption by the elected members is increasing day by day and the people of India are feeling helpless. People of India and the country have suffered huge losses – monetarily, mentally, physically and socially which is neither proper nor correct. Undoubtedly, the corrupt activities of ex-MPs and MLAs are unconstitutional and against the spirit of the constitution of India.

4.  That it is significant to mention here that the investigation agencies like CBI, CVC or local police practically works under the control of local MPs and MLAs and these agencies cannot go against them and the fair investigation cannot be made against them. Therefore, it is a big reason under present scenario of law and circumstances that this power (right to punish) should be exercised jointly by the people of India (voters) in their respective constituencies from which ex MPs and MLAs were elected so that the true spirit of our criminal laws may be implemented equally and fearlessly to develop a neat and clean society.

5.  That in brief, it is suffice to say that the entire power have been vested and centralized in the hands of MPs and MLAs and they are capable to do as they like and which suits to their interest by abuse of their official post arbitrarily intentionally in their own interest, and much more effectively when some of them become Ministers. Under the circumstances, the investigation agencies feel helpless and cannot make fair investigation against these MPs and MLAs, although the investigation agencies very well know that they are committing an offence in the eyes of law.

6.  That in view of the above facts and law, the corrupt MPs/MLAs who have abused their official post remain unpunished due to their muscles, money and hidden powers although they have committed offences. Therefore, under these circumstances the people should have the power in democracy “RIGHT TO PUNISH” ex MPs/MLAs at the end of their five year term by way of voting for which special provision must be made in Representation of Peoples Act,1951.

7.  That it is suggested that at the time of each fresh election, a special column in ballot paper/EVM must be inserted at the end of all contesting candidate for those who are contesting elections afresh by mentioning the name of ex MPs/MLAs to seek the statement/opinion of people/voter by way of voting that whether he deceived to the voters; whether he abused his official post; whether he violated the oath taken under Third Schedule of the Constitution of India and used mal and corrupt practice during his tenure. If the voters in this column cast more than 60% votes of the total casted votes of their constituency confirming his conduct as a corrupt/abused his official post, the person should be punished and the term of imprisonment should be proportionate to his misconduct and other reasons in the eyes of voters. For instance -

i)  If 60-70% people confirm him for corruption/abuse of his official post; deception of voters; violation of the oath; imprisonment for 5 years.

ii) If 71-80%, imprisonment for 7 years

iii)If 80% and above, imprisonment for 10 years, may extend to life imprisonment. In case of Ministers, the imprisonment should not be less than 10 years and may be extend to life imprisonment (life imprisonment means life imprisonment).

8.  That when a person is convicted, his entire property NAMI or BENAMI collected by him, must be forfeited in the favor of Central Government in case of MP and in case of MLA in the favor of State Government. This forfeited fund should be used in welfare of poor people and for common amenities.

Following procedure may be adopted for enforcing and pronouncing the judgment of punishment by the courts according to law given below:


9.  The District Magistrate/Election Officer of the concerned constituency while declaring the results for newly elected candidate, shall also get count the %age of votes/statements casted in favor or against of the ex-MP/MLA and shall file the complaint along with records of casted votes of the electoral with the name of persons those participated to record the votes within ONE month in the Court of concerned District Judge/ Special Judge after the declaration of the elected candidates if more than 60% people confirm the abused of his official post/corruption by ex MP/MLA.

10. That the District Judge/Special Judge shall take cognizance on aforesaid complaint and proceed with the case according to law and to prosecute the person no prior or after sanction shall be required from the respective government. After conducting the trial, the judge shall pronounce the judgment by considering the statement/ vote/opinion voice of people as “evidence” against the ex MP/MLA unless he/she proves himself/herself innocent. The burden of proof shall lie on him/her and any person or public should be free to adduce any additional evidence against him/her in the court of law.

11. That after the trial is conducted by the District Judge/ Special Judge the person shall be convicted and if the same person has contested an election in other constituency for the MP/MLA and in any case he elected again, his election shall be automatically deemed cancelled.


12. That the question may arise that without the evidence whether a person can be punished? Certainly not. But the Indian Evidence Act, 1872 exist and is applicable at present in India before any court of Law.

13. Here we must know that what is meant by evidence under the Evidence Act. Evidence is defined under Section -3 of Indian Evidence Act which is reproduced thus-

“EVIDENCE” : “EVIDENCE” means and includes—

(a) All statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry ; such statements are called Oral Statements,

(b) All documents including electronic report produced for the inspection of the court such documents are called Documentary Evidence.

What is meant by PROVED :

PROVED which is reproduced thus—

PROVED – A fact is said to be proved when, after considering the matters before it the court either believes it to exist or considers its existence so probable that a prudent man ought under the circumstances of the particular case to act upon the supposition that it exists.

14. That it is a fact that more than 60% voters hold certain opinion and have certain intentions in good faith and used a particular word in particular sense that ex MP/MLA has deceived the voters/abused his official post/violated the oath taken by him under Third Schedule of the Constitution of India/committed an offence of corruption, is a fact according to law. And this fact becomes evidence as per Indian Evidence Act under Section-3 and it is admissible under law.

(Section-3, Interpretation Clause of Indian Evidence Act) in which fact is defined which is reproduced thus:

“FACT” : “FACT” means and includes –

(a) Any thing, state of things, or relation of things, capable of being perceived by the senses,

(b) Any mental condition of which any person is conscious

15. That when the voter casts his vote and form his certain opinion regarding abuse of his official post/corruption regarding ex MP/MLA as “Yes or No” either through ballot paper or through EVM, the record of statement of voter as “Yes or No” will become the document as defined under Section – 3 of Indian Evidence Act.

The word document has been also been defined under Section – 29 of Indian Penal Code, 1860.

“DOCUMENT” – “DOCUMENT” denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means intended to be used or which may be used as evidence of that matter.

16. That according to Section – 65A of Indian Evidence Act

65A - Special Provisions as to evidence relating to the electronic report

The contents of electronic records may be proved in accordance with the provisions of Section 65B

65B - Admissibility of electronic records

1.      Not withstanding anything contained in this act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer(hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

2.      ………………………………..

3.      ……………………………….

4.      ……………………………….

5.      ……………………………….

17. That in view of the facts which have been given by the voters in respect of abuse of his/her official post/corruption of ex MP/MLA is said to be proved according to law and it comes under the ambit of definition of “proved” which is given under Section – 3 of Indian Evidence Act.

18. That considering the criminal misconduct, abuse of his official post; corruption; deception of voter; violation of oath taken by him under Third Schedule of the Constitution of India, the people of India/voters should have the power in their hands to punish wrong doer to save and maintain the healthy democracy in India.

It is, therefore, prayed that suitable amendment in Representation of Peoples Act,1951 may kindly be recommended to insert a special column at the end of names of all contesting candidate in the ballot paper/EVM by mentioning the name of ex MP/ex MLA of his respective constituency to seek the opinion/statement of voters with respect to his/her abuse of his/her official post; corruption during his/her tenure from which they could be punished for their wrong deeds by the people of India to maintain the healthy democracy.

Sincerely Yours,


Mr. V.K. Gupta (Advocate), 27, New Law Chamber, Civil Court, Meerut (UP)

Mobile: +91-9917685347 Email:

VP - Legal and Criminal

Date: 22 Aug 2013