APCC letter to Election Commission on TDP Govt

To
The Chief Electoral Officer,
Andhra Pradesh,
Secretariat,
HYDERABAD

Respected Sir,

SUB: APPEAL TO DE-RECOGNISE THE TDP FOR FAILING TO FULFIL THEIR ELECTION PROMISES ' REG

On behalf of the Andhra Pradesh Congress Committee we need to bring to your notice the TDP government's utter disregard and contempt for its own election manifesto, which formed the basis for their victory in the 2014 elections.

The TDP released a 50-page manifesto on March 31, 2014 by their president Shri N Chandrababu Naidu at their party office NTR Bhavan, Hyderabad.

The fact is that not a shred of any page has been implemented and the people, who elected them believing that these promises would be fulfilled, stand deceived and hopeless. The TDP seems to have opted to incinerate its manifesto.

It would appropriate to bring to your kind notice that the TDP soon after winning the elections removed the election manifesto from their website, ww.telugudesam.org. The TDP also removed the election advertisements that dealt with the party's commitment towards fulfilling their promises. We stress on this because an election manifesto for a political party is no less than the Bhagwat Gita, Holy Koran or the Holy Bible.

We are certain that you would notice that the TDP manifesto is listed in 14 different heads. The promises were made as if the sky was the limit with little thought on what is practical or otherwise, or reasonable or ridiculous. The bottom line was that the people are duped by the TDP for electoral gain. Shri Naidu, as party president, wrote a foreword and signed it saying that each of the promises would be fulfilled in letter and spirit. To underscore his point Shri Naidu appended his signature, which is there on page 7.
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We are listing only but a few of the promises to assist you in understanding the perspective. For the record, the TDP made as many as 600 promises in the 50-page manifesto. We need to cite one instance. Between page 20 to 23 there is promise for every caste, without giving thought.

In page 12 of their manifesto they said that soon after they come to power the first file Shri Chandrababu Naidu would sign is the waiver of farm loans. After six months of coming to power on December 4, 2014 Shri Naidu announced a 'Debt Redemption Scheme', which is nothing but a thorough dilution of the basic promise. This Scheme has literally reduced the number of farm loans that need to be serviced. Further the terms and conditions of the scheme were explicit that the promise would be so curtailed that any waiver then would be just too meagre to be labelled as support or help.

In page 16 of their manifesto they promised to waive DWCRA loans in Toto. Now they are saying that they would give only Rs 3,000 for each member of the women's self help group. The tragedy today is these women, who believed this promise, ultimately found themselves penalised as the banks forfeited the interest due to them and the loan amounts from their hard earned savings. In the same page they promised Rs 1 lakh interest free loans. In the subsequent page they promised smart phones for poor women and cycles for high school and Intermediate students.

Citing rampant consumption of liquor Shri Naidu signed a file abolishing belt shops the moment after he sworn in as chief minister on June 8, 2014. Now the government is on the verge of taking over retail liquor shops. Once this is done belt shops, which in effect are satellite sale points of a liquor shop, would not be an issue as the government itself could allow, overtly or covertly, mobile sales of liquor where the system of sale would move door-to-door. This apart, on page 16 the TDP said it would open de-addiction centres in each district. Not even one has been earmarked.

The TDP in page 19 promised Rs 1,000 to Rs 2,000 as unemployment dole to each unemployed youth and further promised a job for every household. In fact their campaign slogan was 'Jobu kavaali ante Babu raavali' (if you want a job Chandrababu needs to come to power). On the contrary in the past one year the TDP government removed over 1 lakh jobs ranging from model farmers, field assistants, outsourcing employees, aanganwadi employees, etc.

The TDP manifesto on page 13 promised remunerative prices for farm produce as recommended by the Swaminathan Commission. The other promise was that crop insurance would be modified for better results. In page 14 the promise was speedy completion of Polavaram multipurpose project. Now this project stands side-lined to the point where it's very purpose is questionable with the government pursuing the Pattiseema Lift Irrigation project, which is fraught with contradictions.

In page 8 the TDP promised to erect an agro-processing centre in each of the 664 mandals and Food Parks in each of the 13 districts. Nothing to has moved to the ground. In the same page they promised Rs 5,000 crore as Market Intervention Fund. This was meant to buy farm produce if the farmer were not to get the remunerative price. There is not a word of it in the two Budgets passed so far. In page 15 they promised 50,000 new agricultural pump set connections per year. Not a single new power connection has been given over the past year.

The TDP, in page 33, promised to construct and deliver houses free of cost for the homeless by constructing a home worth Rs 1.5 lakh over three cents of land. For those already living in a house provided by the government the TDP promised Rs 5,000 towards repairs if the house is 10 years old. Now this gets worse than moving from the sublime to the ridiculous. Bills pending from during the Congress rule for constructing houses for the poor are not being cleared leading to severe indebtedness for the beneficiaries. Some houses sanctioned by the earlier Congress government are also being cancelled.

In page 7 the TDP promised free education from KG to PG and promised iPads and other tablet PCs to college students free of cost. The TDP government in the one year of being in power has not even taken a baby step in make this a reality.

In page 20 the TDP he promised to give 100 Assembly seats to BCs alone in the 2014 elections. This was not done. Then Shri Naidu said that he would carve out a Sub-Plan on the lines of the SC Sub-Plan with a Budget for Rs 10,000 crores with legislative sanction. In the presentation of the last two Budgets nothing was sanctioned and not a word mentioned about providing legal backing for the proposed BC Sub-Plan.

In page 26 he promised several welfare schemes for the minorities, like interest free loans up to Rs 5 lakh for minority Muslim youth, opening of Islamic banks, Rs 3,000 to Rs 5,000 honorarium for Imams of those masjids which are financially constrained, etc. At the risk of repetition not a single of these schemes has been set in motion. If this is not enough for the first time in the history of Andhra Pradesh there is not a single Muslim representative in the TDP-BJP Cabinet.

In page 24 the TDP manifesto promised interest free loans up to Rs 5 crores to Dalits. As things stand now the loans sanctioned by the earlier Congress government to SCs stand cancelled. The TDP has ignored its promise to implement the SC/ ST Sub-Plan. The Congress in 2013 made this an Act and the TDP government, even though a year has passed, is yet to formally frame the necessary rules. The TDP promised to appoint a SC Commission but nothing is heard or read about it. In page 24 the manifesto said it would fill backlog vacancies for Dalits in government departments within six months.

In page 25 the manifesto promises two acres of land to landless tribals, Rs 50,000 for the marriage of every tribal girl, Rs 5,000 honorarium for priests serving in tribal temples of worship, etc. The manifesto also promised a separate commission for tribals. It's actually painful to state that there is no tribal minister in the Andhra Pradesh government, which is unprecedented in the state.

The TDP in page 42 of the manifesto promised to create a Market Stabilisation Fund of Rs 1,000 crore to maintain prices of essential commodities and also pay Rs 100 subsidy for each of the 12 LPG cylinders every year, irrespective of Aadhar linkage.

In page 15 the manifesto promised subsidised power rates for municipalities, panchyats, drinking water schemes, places of worship, dhobi ghats, weavers' power looms, etc. On one hand the TDP seems unaware of this promise and on the other the government has hiked power tariffs across the board.

In page 21 the TDP promised a special fund of Rs 1,000 crores for weavers, and further promised to keep augmenting it by providing Rs 1,000 cr every year. No Budgetary provisions have been made. This apart the TDP promise to waive off weavers loans stands neglected.

These promises were made before and after the Model Code of Conduct came into force. This campaign included, pamphlets, posters, and slides in theatres, advertisements in print and electronic media, bulk SMSs and heavy drive in the social media. The TDP, at the very least, should have spent no less than Rs 100 crores towards this high pitch campaign. They sent to you the election related advertisements for your clearance as required under the Model Code of Conduct. (The advertisements that were telecast are also enclosed.)

One of the political parties saw through this election campaign where everything and anything was promised. At that time they complained to the Election Commission of India, who immediately sent a query to the TDP on April 9, 2014 (Letter No; 4786/elections/ B1/A2014-1) on how it proposed to fulfil this deluge of promises, which are unprecedented in India's election history.

Then on April 11, 2014 TDP Vice-president Shri Ravulapati Seetharama Rao sent to the ECI a 5-page reply. We are compelled to recall an operative part of that reply which figures on page 4 and 5. 'Having seen the appalling conditions of farmers and members of DWCRA women during his massive padyatra, the TDP president Shri Nara Chandrababu Naidu has announced the loan waiver scheme to farmers on 14.10.2012 and loan waiver scheme to DWCRA groups on 10.12.2012 much before the announcement of elections by the Election Commission.

These promises were also included in the manifesto accordingly. Further, it is submitted that the TDP will ensure the implementation of its promises irrespective of the caste, creed and gender. The financial implications of these promises were taken note of. Given the huge revenue accruals and the possible annual increase year after year to the state exchequer, the Telugu Desam Party is confident of implementing its manifesto in Toto.

Restoring financial discipline and proper mobilisation of resources and controlling the corruption by good governance to plug loopholes causing revenue loss to state. We have drafted the election manifesto only after assessing the availability of resources in the government', he wrote. (This letter is also enclosed.)

Sir, we most humbly bring to your notice that the TDP government is claiming that the state is facing a financial crisis because of which it is unable

to implement it key promises. But their undertaking to the ECI explicitly states, 'The financial implications of these promises were taken note of. Given the huge revenue accruals and the possible annual increase year after year to the state exchequer, the TDP is confident of implementing its manifesto in Toto'.

The letter later affirmed, 'We have drafted the election manifesto only after assessing the availability of resources in the government'. This being so, on March 12, 2015 AP finance minister Shri Yanamala Ramakrishnudu said, 'We have no revenue. Our revenues are less. This revenue deficit will keep continuing even after 2021'. This means that their promises would not be fulfilled even till 2021.

Going by the letter and the contrary statements by the TDP, it is well evident that the TDP government is out to deceive the people and that it has made the promises only to reap electoral dividend through an extensive process of deception. This is a violation of the Representation of Peoples Act.

Sir, it is incumbent on us to inform you that dumping election promises after electoral gain is a known habit of the TDP under the leadership of Shri Chandrababu Naidu. After the 1996 mid-term elections to Parliament, Shri Naidu as chief minister then hiked the price of subsidised rice, slashed subsidy in agriculture power tariffs and lifted total prohibition. Each of these were done after drumming up the argument that the state is bankrupt and has reached a point where it would need to face cuts in its Plan allocation. He further diluted his promises after the 1998 mid-term polls to the Lok Sabha. Again he dumped his promises after winning the general elections in 1999. Dumping election promises is the known common denominator, while the items that were thrown by the wayside changed over time.

Sir, this time the deceit started right from his swearing-in on June 8, 2014. He promised that the first file he would sign would be waiver of farm loans. But the first signature was to form the Kotaiah Committee meant to go into the ways and means of diluting the farm loans and DWCRA loan waiver promises.

Sir, subsequently on December 4, 2014 the TDP government to bring effect to Farmers' Debt Redemption issued a Government Order, GO MS. 218, whose conditions make it fully evident how the promise to waive farmer's loans has been side tracked. What was promised in the manifesto was one thing and what this GO says is quite the contrary. (The GO is enclosed.)

Sir, it would be an exaggeration to state that Shri Naidu and the TDP are habitual offenders when it comes to delivery of pre-poll promises. India is an extremely vibrant democracy and leaders and commentators across the world speak of India as the last word in democracy. Now thanks to politicians like Shri Naidu democracy and its spirit stand seriously imperilled. It is time to act and to act swiftly and tellingly against him to see that such habitual offenders do not come into play again in our nation.

Sir, it is therefore appropriate to bring to your notice paragraph 16A of the Election Symbols (Reservation and Allotment Order), 1968 of Representation of Peoples Act.

It says, 'Power of Commission to suspend or withdraw recognition of a recognised political party for its failure to observe Model Code of Conduct or follow lawful directions and instructions of the Commission. Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession that a political party, recognised either as a National Party or as a State Party under the provisions of this order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct or otherwise (a) to observe the provisions of the Model Code of Conduct for Guidance of Political parties and 'Candidates' as issued by the Commission in January, 1991 or as amended by it from time to time, or (b) follow or carry out the lawful directions and instructions of the Commission given from time to time with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and the electorate in particular, the Commission may, after taking into account all the available facts and circumstances of the case and after giving the party a reasonable opportunity of showing cause in relation to the action proposed to be taken against it, either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the recognition of such party as the National party or, as the case may be, the State party'.

Sir, we pray to you based on this Order that the TDP is an absolute fit case to be de-recognised as a political party.

Sir, Following the Supreme Court judgement in the S Subramaniam Balaji Vs Govt of Tamil Nadu and other, the Election Commission issued guidelines on election manifestos. In 3 it said, I. The election manifesto shall not contain anything repugnant to the ideals and principles enshrined in the Constitution and further that it shall be consistent with the letter and spirit of other provisions of Model Code of Conduct.

II. The Directive Principles of State Policy enshrined in the Constitution
III. In the interest of transparency, level playing field and credibility of enjoin upon the state to frame various welfare measures for the citizens and therefore there can be no objection to the promise of such welfare measure in election manifestos. However, political parties should avoid making those promises, which are likely to vitiate the purity of the election promise or exert undue influence on the voters in exercising their franchise. promises, it is expected that manifestos also reflect the rationale for the promises and the ways and means to meet the financial requirements for it. Trust of voters should be sought only on those promises which are possible to be fulfilled'.

Sir, on noting these guidelines this is a fit case to de-recognise the TDP. The reason is 'undue influence on the voters' has been exerted intentionally by both parties. More importantly, the TDP manifesto failed to 'reflect the rationale for the promises and the ways and means to meet the financial requirements for it. Trust of voters should be sought only on those promises, which are possible to be fulfilled'.

Sir, we are sure you understand that we are approaching you after making various efforts to ensure that the governments fulfil their pre-poll promises. We have given representations to the Governor, Chief Minister, District Collectors and tehsildars and raised the issue of the government failing to live up to its promises at every possible forum. We have led peaceful agitations and in one case we gathered one crore signatures from people demanding special status for AP.

Sir, the Election Commission is the most respected institution in India and people have enormous faith and trust in this institution. We implore you to please give necessary directives to the TDP to implement all the promises. If they still fail to fulfil their promises listed in the manifesto we request you to de-recognise TDP and uphold the hallowed democratic values.

We also request you to explore various actions that can be taken against them by you, including booking of criminal cases under IPC and Representation of Peoples Act for deception.

Thanking You,

Yours Sincerely,

(DR. N.RAGHUVEERA REDDY)
President
Andhra Pradesh Congress Committee (APCC)