Dear voters of India , . Karnataka CM and many other CMs are like to pass a nonsensical procedure calling it as Right to Recall Sarpanch. The draft is useless, and goal is to defame RTR-concept. If you wish to see a sensine RTR-Sarpanch law, then pls order you MLA via SMS to print the draft given here as RTR-Sarpanch-draft. . (aside --- comments posted will be deleted. pls see third comment ) . you may send following SMS . Dear MLA , . please print the draft give in tinyurl/RtrSarpanch in the Gazette. ============ . Dear MLA, . If you have received this URL via SMS, and then it is an order from your voter (not order from the author of this post). The order is to print the following Right to Recall Sarpanch law-draft in the Gazette. . ===== . Right to Recall Sarpanch draft . 1. The word citizen in this law-draft would mean a registered voter. . 2. ( procedure for Tahsildaar aka Block Officer aka Mamlatdaar ) Any day after the Sarpanch election ends , the Tahsildaar will accept a fee equal to the deposit of Gram Sarpanch and let any eligible Indian registered voter register himself as a replacement candidate for Sarpanch. The eligibility is explained in clause-10. . 3. ( procedure for Talati aka Patwari aka Village Officer , or his clerk ) If a citizen comes in person to Talati’s office, pays Rs 3 fee , and approves at most five replacement candidates for Sarpanch position , then the Talati would enter citizens approvals in the computer, along with citizens picture and citizens finger print and would give a receipt to the citizen with citizens voter-id# , date/time and the names and ids of the persons he approved. . 4. ( procedure for Talati aka Patwari aka Village Officer , or his clerk ) The Talati will put the approvals of the voters on website of CM with citizen’s voter-ID number and names / ids of the persons he approved , and date / time when he approved. Approval filing will be open to all i.e. anyone can see approvals filed with citizens voter-id on CMs website. And please note that this is approval , not vote . . 5. ( procedure for Talati aka Patwari aka Village Officer , or his clerk ) If a the voter comes to cancel his Approvals, then the Talati will cancel one of more of his approvals without any fee. The cancellations will also come on the CMs website and will be publicly visible to all. . 6. ( a later date procedure for RS aka Revenue Secretray ) . (6.1) RS may later make a system which will allow voter to register his cell phone number at Talatis office, and Tahasildaar will validate the number by cross-checking name and address with the cell phone company. . (6.2) RS later may provide a software which will send voter an SMS for the approvals he has filed in claue-4 and clause-5 . (6.3) RS may later make a software that will enable the voter to register or cancel the approvals via a touch screen based terminal located in Patwaris office. And RS may provide ATM like voter-card to all voters, so that voter can register his approval for Sarpanch or cancel his approvals directly on such terminals. . (6.4) RS later may also create a software which will allow voters to register his approval for Sarpanch and cancel his approvals for Sarpanch directly using SMS or using a mobile phone application. . . 7. ( procedure for Collector) If on any day, if . (7a) a replacement candidate gets over 1.1 times the approval count of the existing sitting Sarpanch, and also 1.1 times the the votes Sarpanch got in the election . OR . (7b) a candidates approval count is over 50% all registered voters and it is also over 1.1 times the approval Sarpanch has. . --- then the Collector will call for a recall election of Sarpanch. The recall election will use existing voting method i.e. each voter has one vote to cast and the person getting highest number of votes will be the winner. . 8. ( procedure for SECC = State Election Commission Chairman) In the recall election, the existing Sarpanch will not be required to fill candidate form. He will be candidate #1. The next 14 candidates will be the replacement candidates who have highest approvals and approval count is more than 5% of polled votes in past election. The 16th option will be None of the Above. None of the candidates will need to fill candidacy forms. A candidate may withdraw 15 days before polling. Once the recall poll ends, all approval counts will become zero , except approval counts of the winning Sarpanch. . 9. ( procedure for SECC , Collector ) In the recall election, the replacement of Sarpanch will happen if and only if . (9a) one candidate gets votes higher than existing Sarpanch gets in recall poll, and that candidate also gets over 1.1. times the votes Sarpanch had got in the last election. . OR . (9b) if one candidate gets votes higher than 50% of all registered voters. . 10. ( procedure for Tahsildaar , about eligibility of replacement Sarpanch in clause-2 ) For registration of candidate under clause-2, the candidate must be a registered voter anywhere in India, and must be above age of 21 years on the day he registers. There need not be any voter to support his candedidacy. And voter-id or affidavit of that candidate he is voter would be sufficient. If he is disqualified to become Sarpanch, then Tahsalidar may reject candidacy after citing reason and forefeit his depost. . 11. ( procedure of Collector or his clerk ) If any citizen wishes to propose an improvement in this draft , and he personally appears at Collectors office with his suggestions on an affidavit on stamp paper of Rs 20 attested by Executive Magistrate , then the Collector or his clerk will charge Rs 20 per page fee and scan his affidavit and upload on CM;s website in a way all can see. The collector will also give a serial number to the affidavit. . 12. ( proedure for Talati ) if any voter comes with voter ID, and specifies Yes-No on an affidavit submitted in cluase-10, then the Talati will enter his Yes-No on the CM’s website with his voter-ID and give a printed receipt for Rs 3 fee. . 13. ( proedure for SECC ) At a later date , after CM publishes a Gazette Notification, this clause will come into effect. In case there is dispute between any two parties between this act , then SECC will summon 100 voters at random from the voter list of any district near the district where dispute has happened. The voters should be between age of 35 years and 50 years. The voters who have moved or expired will be removed from the list of selected voters. The remaing first 30 voters will be called as Jurors. The Jurors will listen to each side for 1 hour each for 8 hours a day for at least 3 days. The Jurors will decide by majority when the hearings should end. The Jurors using majority will decide the case. . CLARIFICATIONS , EXPLANATIONS AND EXAMPLES : ------------------------------------------------------------ . 1. Difference between approval filing and voting : In this draft, when a recall election should be held is decided by approval filing. And approval is is not same as vote. The word vote has a specific meaning as defined in Peoples Representation Act and Panchayat related laws. While approval is defined here in this draft. Following are the differences between approval and vote (1) in voting, one voter can vote for only one candidate ; while in approval filing as defined here, one voter can approve upto 5 candidates. (2) vote is confidential ;while approvals will be open, and will come on CMs website, with voter-id and name of the voter. And approval can be cancelled anyday, while vote given once cant be cancelled. The approval count of a candidate will increase by 1 when a voter approves him. And approval count of a candidate will decrease by 1 when a voter who has approved him cancels his approval OR when that voters name is removed from the voter list due to any reason . 2. How many approval counts are needed for recall election? . EXAMPLES : . Example-2.1 : say a village has 10000 voters. Say 7000 voters voted in Sarpanch election. Say A wins the election with 3300 votes and becomes Sarpanch. Then his approval count on day one is 3300 . Say B, C, D, E, F G, H etc become replacement Sarpanch candidates. Now say B gets approval of 3200 voters. Then as per procedure proposed here, there will be NO recall poll. For recall poll to happen, at least one will need to get over 3300 * 1.1 = 3630 approvals. . Example-2.2 : say a village has 10000 voters. Say 7000 voters voted in Sarpanch election. Say A wins the election with 3400 votes. Say B, C, D, E, F G, H etc become replacement Sarpanch candidates. Say 4100 voters approve A. Then recall election will now be 4100 * 1.1 = 4510 approvals. . Example-2.3 : say one replacement Sarpanch candidate say B in above example gets 4600 approvals. Then B will NOT become new Sarpanch automatically nor would A be expelled automatically. SECC will hold a recall election In recall election, A will be candidate #1 and he will NOT need to file any form. And all replacement candidates who have over 5% of all i.e. over 5% of 7000 = 350 approvals will become candidate without any form filling. If over 14 candidates have over 350 approvals, then only highest 14 will become candidates. . Example-2.4 : consider example-2.3. Say in recall poll, the highest votes were gained by A. Then A will remain as Sarpanch. . Example-2.5 : consider example-2.3. Say in recall poll, the highest votes were gained by B. Say B got 3500 votes. Then there will be no change as B must get over 1.1 times what A got in last election = over 3400 * 1.1 = 3740 votes . Example-2.6 : consider example-2.3. Say in recall poll, the highest votes were gained by B. Say B got 3800 votes. Then B will become the new Sarpanch. . Example-2.7 : consider a village with 10000 voters. Say 8000 vote in Sapranch election and the A becomes Sarpanch with 6000 votes. Say later, the Sarpanch has approval of 3000 voters. Then condition for recall poll will be, that a replacement candidate must get over 50% of all voters. So if a candidate gets 5800 approvals, then there will be a recall poll. (see clause 7B) . Example-2.8 : consider a village with 10000 voters. Say 8000 vote in Sapranch election and the A becomes Sarpanch with 6000 votes. Say later, a recall poll happens. Then replacement will happen only if the Sarpanch gets at least over 50% of registered votes i.e. over 5000 votes (see clause 9B) . ========= end of draft =======
Posted on: Sat, 13 Dec 2014 16:29:00 +0000
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