CCG OPEN LETTER TO THE ELECTION COMMISSION OF INDIA:

IS THERE A LEVEL PLAYING FIELD?

11 April 2024

Dear Shri Rajiv Kumar/Shri Gyanesh Kumar/Dr. S.S. Sandhu,

We are a group of former civil servants who have served the Central and State
governments in various capacities. We have no affiliation with any political party but are
strongly committed to the ideals enshrined in the Constitution of India.
In the Election Commission of India (ECI) meeting with officers nominated as Election
Observers on 11 March 2024, the Chief Election Commissioner (CEC) had stressed the
importance of ensuring a level playing field for all political parties and candidates and keeping
the polls free from intimidation and inducements. Just ten days after his exhortation, Arvind
Kejriwal, the Chief Minister of Delhi was arrested, in what is known as the Delhi liquor policy
case, under the draconian provisions of the Prevention of Money Laundering Act, where
securing bail is extremely difficult. We are not questioning the right of law enforcement agencies
to take steps to check corruption in high places and bring to book the guilty. What we are
concerned about is the timing of this arrest. The liquor policy case has been investigated for over
thirteen months and two prominent Aam Aadmi Party leaders have been in custody for months,
with one of them, Sanjay Singh, being released on bail recently, while the former Depuy Chief
Minister, Manish Sisodia, continues in jail. Even if it is the case of the investigating agency that
Mr. Kejriwal was evading summons to appear before them, nothing stopped them from
questioning him, if necessary, at his residence. The arrest of a senior opposition political
functionary at a juncture when the Lok Sabha elections had been announced and the Model Code
of Conduct was in place reeks, to our mind, of deliberate, motivated executive action. The law
must take its course, as many legal worthies today never tire of saying, but the heavens would
not have fallen if coercive action had been initiated after the end of the election process on 4
June 2024. One could understand that in the case of a criminal investigation relating to the right
to life of a citizen, immediate arrest may be warranted. Surely, this would not apply in the case
of a prominent political figure who is hardly likely to be a flight risk and, in whose case, with the
investigations having gone on for so many months, the possibilities of tampering with evidence
and influencing witnesses are quite remote.

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 The AAP CM arrest is not an isolated instance. A disturbing pattern of harassment and
witch hunting of opposition parties and opposition politicians on the cusp of the general elections
calls into question the motivation of the agencies. It is puzzling why the Income Tax department
should reopen old assessments of the Indian National Congress, as well as those of other
opposition parties, that too on the eve of a general election. Carrying out searches of the premises
related to Mahua Moitra, the Trinamool Congress politician who is a candidate in the Lok Sabha
elections, at this juncture, and issuing notices to other opposition candidates, again defies
explanation. Given the tardy record of the central law enforcement agencies in completing
investigations and filing charge sheets, the undue zeal in selectively pursuing these cases gives
rise to the suspicion that the motivation goes beyond a mere desire to enforce justice. More
importantly, the arrest of political functionaries and the harassment of political parties after the
election process has started not only deprives individuals of the exercise of their fundamental
right under Article 19 of the Constitution of India to canvass for their candidates but also
distracts political parties from focusing on the primary task of conducting their election
campaign.
The pattern of events over the past month calls for firm action from the ECI to quell
rising public suspicion that the ECI is sitting silent while a politics of vendetta is being practiced
to deny opposition parties the freedom to actively participate in the election process. To ensure
that this does not continue, we are of the view that, just as the entire government machinery in
the states functions under the control and supervision of the ECI, activities of the machinery at
the Central government level, especially the law enforcement agencies, should be controlled by
the ECI through exercise of its powers under Article 324 of the Constitution of India. Else, if
state government law enforcement agencies adopt an approach similar to that of the central
agencies, the resulting anarchy would make a mess of the entire electoral process.
We are deeply disturbed by the failure of the ECI to take immediate action in this matter.
Media reports show that a delegation of members of prominent opposition parties met the CEC
and the Election Commissioners as long back as 21 March 2024. However, leave alone dealing
with such arbitrary executive actions with a heavy hand, the ECI has not even issued a note of
caution in this regard.
Our group has been interacting with the ECI since 2017 and has sent many letters to your
predecessors: there has been no response from the ECI over the past five years. We note that the
ECI has reneged from its earlier stand opposing electoral bonds. The ECI has made no efforts to
assuage doubts in the minds of the thinking public and political parties about the integrity of
EVMs and the need to use VVPATs effectively to ensure accuracy in the recording of votes, a
matter that is now sub judice. Nor has the ECI been particularly effective in enforcing the Model

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Code of Conduct to check its misuse, especially by the party in power. Our group had pointed
out many such instances in the 2019 Lok Sabha elections but, apart from minor slaps on the
wrist, the ECI failed to enforce its writ on repeated offenders. In the current elections as well,
infractions of the Model Code of Conduct by no less a personage than the Prime Minister have
not been acted upon by the ECI even after these were brought to its notice12.
In spite of the enormous powers vested in it under Article 324 of the Constitution of
India, the ECI, in recent years, has exhibited a strange diffidence, especially in dealing with
actions that impact the conduct of free and fair elections. We urge the ECI to live up to the
shining legacy bequeathed by a line of eminent persons who have led the ECI in the past seven
decades. The nation looks to you to act with firmness and determination to maintain the
reputation and sanctity of the world’s largest electoral exercise.
SATYAMEVA JAYATE
Yours sincerely,
Constitutional Conduct Group (87 signatories, at pages 4-7 below)

1
https://countercurrents.org/2024/03/shri-modis-statement-invoking-religious-sentiments-in-tamil-nadu-
violates-the-mcc/
2
https://countercurrents.org/2024/04/prima-facie-violation-of-the-mcc-by-prime-minister-modi-at-a-recent-
rbi-function/

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1. Anita Agnihotri IAS (Retd.) Former Secretary, Department of Social Justice
Empowerment, GoI
2. Anand Arni RAS (Retd.) Former Special Secretary, Cabinet Secretariat, GoI
3. G. IAS (Retd.) Former Additional Chief Secretary, Govt. of West
Balachandhran Bengal
4. Vappala IPS (Retd.) Former Special Secretary, Cabinet Secretariat, GoI
Balachandran
5. Gopalan IAS (Retd.) Former Special Secretary, Govt. of West Bengal
Balagopal
6. Chandrashekar IAS (Retd.) Former Secretary, Coal, GoI
Balakrishnan
7. Sushant Baliga Engineering Former Additional Director General, Central PWD,
Services GoI
(Retd.)
8. Rana Banerji RAS (Retd.) Former Special Secretary, Cabinet Secretariat, GoI
9. Sharad Behar IAS (Retd.) Former Chief Secretary, Govt. of Madhya Pradesh
10. Aurobindo IAS (Retd.) Former Member, Board of Revenue, Govt. of Odisha
Behera
11. Madhu Bhaduri IFS (Retd.) Former Ambassador to Portugal
12. Pradip IAS (Retd.) Former Additional Chief Secretary, Development &
Bhattacharya Planning and Administrative Training Institute,
Govt. of West Bengal
13. Nutan Guha IAS (Retd.) Former Member, Police Complaints Authority,
Biswas Govt. of NCT of Delhi
14. Meeran C IPS (Retd.) Former DGP, Bureau of Police Research and
Borwankar Development, GoI
15. Ravi Budhiraja IAS (Retd.) Former Chairman, Jawaharlal Nehru Port Trust, GoI
16. Sundar Burra IAS (Retd.) Former Secretary, Govt. of Maharashtra
17. R. IAS (Retd.) Former Principal Secretary, Transport and Urban
Chandramohan Development, Govt. of NCT of Delhi
18. Rachel IAS (Retd.) Former Special Chief Secretary, Agriculture, Govt.
Chatterjee of Andhra Pradesh
19. Kalyani IAS (Retd.) Former Additional Chief Secretary, Govt. of West
Chaudhuri Bengal
20. Gurjit Singh IAS (Retd.) Former Financial Commissioner (Revenue), Govt. of
Cheema Punjab
21. F.T.R. Colaso IPS (Retd.) Former Director General of Police, Govt. of
Karnataka & former Director General of Police,
Govt. of Jammu & Kashmir
22. Anna Dani IAS (Retd.) Former Additional Chief Secretary, Govt. of
Maharashtra
23. P.R. Dasgupta IAS (Retd.) Former Chairman, Food Corporation of India, GoI
24. M.G. IAS (Retd.) Former Secretary, Govt. of Haryana
Devasahayam
25. Sushil Dubey IFS (Retd.) Former Ambassador to Sweden

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26. A.S. Dulat IPS (Retd.) Former OSD on Kashmir, Prime Minister’s Office,
GoI
27. K.P. Fabian IFS (Retd.) Former Ambassador to Italy

28. Suresh K. Goel IFS (Retd.) Former Director General, Indian Council of Cultural
Relations, GoI
29. H.S. Gujral IFoS (Retd.) Former Principal Chief Conservator of Forests,
Govt. of Punjab
30. Meena Gupta IAS (Retd.) Former Secretary, Ministry of Environment &
Forests, GoI
31. Wajahat IAS (Retd.) Former Secretary, GoI and former Chief Information
Habibullah Commissioner
32. Naini IAS (Retd.) Former Secretary, Inter-State Council, GoI
Jeyaseelan
33. Najeeb Jung IAS (Retd.) Former Lieutenant Governor, Delhi
34. Sanjay Kaul IAS (Retd.) Former Principal Secretary, Govt. of Karnataka
35. Gita Kripalani IRS (Retd.) Former Member, Settlement Commission, GoI
36. Ish Kumar IPS (Retd.) Former DGP (Vigilance & Enforcement), Govt. of
Telangana and former Special Rapporteur, National
Human Rights Commission
37. Sudhir Kumar IAS (Retd.) Former Member, Central Administrative Tribunal
38. Subodh Lal IPoS Former Deputy Director General, Ministry of
(Resigned) Communications, GoI
39. Harsh Mander IAS (Retd.) Govt. of Madhya Pradesh
40. Amitabh IPS (Retd.) Former Special Secretary, Cabinet Secretariat, GoI
Mathur
41. Lalit Mathur IAS (Retd.) Former Director General, National Institute of Rural
Development, GoI
42. Aditi Mehta IAS (Retd.) Former Additional Chief Secretary, Govt. of
Rajasthan
43. Shivshankar IFS (Retd.) Former Foreign Secretary and Former National
Menon Security Adviser
44. Sonalini IFS GoI
Mirchandani (Resigned)
45. Malay Mishra IFS (Retd.) Former Ambassador to Hungary
46. Avinash IPS (Retd.) Former Director General of Police, Govt. of Sikkim
Mohananey
47. Satya Narayan IAS (Retd.) Former Secretary General, National Human Rights
Mohanty Commission
48. Deb Mukharji IFS (Retd.) Former High Commissioner to Bangladesh and
former Ambassador to Nepal
49. Shiv Shankar IFS (Retd.) Former High Commissioner to the United Kingdom
Mukherjee
50. Gautam IFS (Retd.) Former Ambassador to Myanmar
Mukhopadhaya
51. Sobha IAS (Retd.) Former Principal Secretary (Planning), Govt. of
Nambisan Karnataka
52. Surendra Nath IAS (Retd.) Former Member, Finance Commission, Govt. of
Madhya Pradesh
53. P. Joy Oommen IAS (Retd.) Former Chief Secretary, Govt. of Chhattisgarh

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54. Amitabha IAS (Retd.) Former Secretary, Inter-State Council, GoI
Pande
55. Maxwell IPS (Retd.) Former Joint Commissioner of Police, Delhi
Pereira
56. G.K. Pillai IAS (Retd.) Former Home Secretary, GoI
57. Rajesh Prasad IFS (Retd.) Former Ambassador to the Netherlands
58. Rajdeep Puri IRS Former Joint Commissioner of Income Tax, GoI
(Resigned)
59. T.R. IAS (Retd.) Former Joint Secretary, Ministry of Panchayati Raj,
Raghunandan GoI
60. N.K. IAS (Retd.) Former Chairman, Staff Selection Commission, GoI
Raghupathy
61. V.P. Raja IAS (Retd.) Former Chairman, Maharashtra Electricity
Regulatory Commission
62. V. Ramani IAS (Retd.) Former Director General, YASHADA, Govt. of
Maharashtra
63. K. Sujatha Rao IAS (Retd.) Former Health Secretary, GoI
64. M.Y. Rao IAS (Retd.)
65. Satwant Reddy IAS (Retd.) Former Secretary, Chemicals and Petrochemicals,
GoI
66. Vijaya Latha IFS (Retd.) Former Deputy National Security Adviser, GoI
Reddy
67. Julio Ribeiro IPS (Retd.) Former Director General of Police, Govt. of Punjab
68. Aruna Roy IAS
(Resigned)
69. Manabendra N. IAS (Retd.) Former Additional Chief Secretary, Govt. of West
Roy Bengal
70. A.K. Samanta IPS (Retd.) Former Director General of Police (Intelligence),
Govt. of West Bengal
71. Deepak Sanan IAS (Retd.) Former Principal Adviser (AR) to Chief Minister,
Govt. of Himachal Pradesh
72. G.V. IAS (Retd.) Former Member, Board of Revenue, Govt. of Odisha
Venugopala
Sarma
73. S. Satyabhama IAS (Retd.) Former Chairperson, National Seeds Corporation,
GoI
74. N.C. Saxena IAS (Retd.) Former Secretary, Planning Commission, GoI
75. A. Selvaraj IRS (Retd.) Former Chief Commissioner, Income Tax, Chennai,
GoI
76. Abhijit IAS (Retd.) Former Secretary, Ministry of Culture, GoI
Sengupta
77. Aftab Seth IFS (Retd.) Former Ambassador to Japan
78. Ashok Kumar IFS (Retd.) Former Ambassador to Finland and Estonia
Sharma
79. Raju Sharma IAS (Retd.) Former Member, Board of Revenue, Govt. of Uttar
Pradesh
80. Avay Shukla IAS (Retd.) Former Additional Chief Secretary (Forests &
Technical Education), Govt. of Himachal Pradesh
81. Satyavir Singh IRS (Retd.) Former Chief Commissioner of Income Tax, GoI

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82. Tara Ajai Singh IAS (Retd.) Former Additional Chief Secretary, Govt. of
Karnataka
83. Tirlochan Singh IAS (Retd.) Former Secretary, National Commission for
Minorities, GoI
84. Prakriti IFoS (Retd.) Former Principal Chief Conservator of Forests &
Srivastava Special Officer, Rebuild Kerala Development
Programme, Govt. of Kerala
85. Anup Thakur IAS (Retd.) Former Member, National Consumer Disputes
Redressal Commission
86. P.S.S. Thomas IAS (Retd.) Former Secretary General, National Human Rights
Commission
87. Rudi Warjri IFS (Retd.) Former Ambassador to Colombia, Ecuador and
Costa Rica