Rahul Mehta Gandhinagar LsCandidate
Arvind Gandhi and the official AAP facebook page are OPENLY fooling AAP-activists Proof --- AAP's official fb-page!!
AAP fb-page says - A team of lawyers deliberated upon the constitutionality of the proposal that came up from the cadre, and drafted an affidavit making all candidates to be proceeded against legally for breach of trust and fraud in case they cannot keep their poll promises.
The useless answer came in as answer to my question I had asked AAP members - "what does Arvindbhai suggest AAP members and voters should do if say 75% AAP elected MPs sell out in a month after getting elected and join Congress or BJP ?"
To fool the AAP-members, Arvind Gandhi ordered the AAP-fb-page-admin to type the useless and WRONG above reply that AAP candidates will have sign affidavit with promises , and if they fail to deliver this promises then breach of trust case will be filed.
This is nonsense. Why?
1. If such affidavits were binding , then Congress, BJP etc would always get their candidates to sign affidavits that "they would never leave party" and thus prevent defection. But they never did. Why not? Because such affidavits have NO value.
2. A person can be punished ONLY if he has made false statement regarding present or past in affidavit. And if a promise about FUTURE is made on affidavit which is NOT a contract, then not keeping that promise is NOT crime. unless that affidavit is valid contract under contract act or valid disclosure under some act.
3. Now lets say MP has made contract. But contract with who? with 200,000 voters? Are 200,000 voters going to be signatory on that contract? With 1000 AAP members in that Constituency? Will all 1000 AAP members become signatories on that contract? Or AAP head will be signatory? In such case only signatory can file the case.
4. And even with such contract , what MP does inside house is NOT under court jurisdiction. Courts have no jurisdiction inside house and house activities. So court will NOT admit case on "MP didnt pass RTR-MP-law-draft etc etc" case as that was MP's action insider house. And court cant give direction to MP on what law he make inside house.
5. And what if 75% AAP sell out, join Congress or BJP, and next day, Congress/BJP pass law to void such affidavits !! Then what option these AAP-lawyers will have?
6. And the judges are corrupt. The cases will go on for 10 years, And the corrupt judges will rule in favor of corrupt MP, and worse corrupt judges will rule against good MP. IOW, this "affidavit" way only increases power of corrupt judges and MNC-owners who own these judges.
All in all such affidavits are higwash. Arvind Gandhi is indeed knowledgeable in law, but he is misusing his knowledge to fool activists.
Shame on AAP-fb-page admin page to peddle such lies
SOLUTION:
There is NO shortcuts to a "good" RTR-draft. The good RTR-draft can come ONLY via convincing at least 40 crore voters to order MPs via SMS to print RTR-PM-draft, RTR-MP-draft in Gazette. All this way to have a candidate sign affidavit is just a white lie.
Arvind Gandhi wants a BAD RTR-draft (see his Swaraj book). He wants an RTR-MP-draft where to expel an MP one could need court judgement and/or then some 150,000 to 700,000 signatures. Arvind Gandhi has OPENLY said that he will oppose a law where citizen can personally visit talati office or send SMS for recall. The task of gathering and then proving 150,000 to 700,000 signatures is materially impossible.
Solution is --- activists should support SMS-based Right to Recall PM draft, and oppose the useless signature based RTR-drafts demanded by Arvind Gandhi. And also oppose this affidavit nonsense.