Dear Colleagues,
Some half truths are being spread on the net. The District Registrar’s document was put before the court on 25/8/2017. Inter alia the Registrar made the following points:
1. The planned elections are against the court order of 9/5/2017.
2. The elections are against the Registration & Regulation of Society’s Act, 2012 of Haryana.
3. The elections cannot be held at a place other than the place of registration of the society.
The court agreed to the illegality of the elections but brought out a technical point that the election process once set in motion cannot be legally stopped. Adding further, that it can be challenged.
Question has been asked as to why I gave my consent on 9/5/2017. I did so because I have been pushing for elections all along. I asked for fresh elections in three months on 2/12/2012 during the AGM; again on 28/7/2013 during the general body meeting; supported the District Registrar when on 29/8/2013 he asked for elections in three months; supported the State Registrar when on 31/7/2014 he asked for elections in four months time. All these decisions were challenged by Veteran Gandhi before the higher authority or the court.
In the same vein I agreed to the court’s suggestion on 9/5/2017 and gave a written consent laying down certain conditions. Unfortunately, the court order violated those conditions. I therefore filed an LPA and my appeal was heard on 3/7/2017 when the double bench gave me the liberty to revert to the same judge for reviewing his order. (Copy of the order is attached). Since that has not happened I have the option to go the double bench. A consent order not based on the consent given, is bad in law and is liable to be set aside.
There is no question of my contesting the elections the legality of which I am myself questioning.
I had already pointed out that minutes of GB meeting of 3/6/2017 (as also previous meetings) are all fiction. Even the simple fact of number of attendees is manipulated. Of the total 20 members of the GB, Veterans Jaini, Chaturvedi, Ahuja and Phatak were absent on 3/6/2017. Still Veteran Gandhi says 19 members attended. Minutes drafted by Veteran Gandhi himself, are always a record of convenience and never of facts.
Whatever farcical exercise they are doing on 27/8/2017 has no relation to any law, norms or rules. For example, among the criteria for eligibility, they have laid down that the ‘candidate should not be a whole-time member of any political party’. If the Returning/election officers were to do their job with honesty and sincerity, even veteran Satbir is not eligible to contest for any post because he is a member of the Fauzi Janta Party and his affidavit is available with the Election Commission (copy attached).
I will continue my crusade till elections are held through a collegium and IESM has a pan India representation in decision making bodies.
With best regards,
Lt Gen Raj Kadyan
Chairman IESM
262, Sector-17A
Gurgaon – 122 001
On 26 August 2017 at 10:14, Ravindra Pathak <raviwarsha@gmail.com> wrote:
Dear All
Pls see the mail from Gp Capt Gandhi.
Finally the court has cleared all issues and the Elections will be held as scheduled.
Many have tried to sabotage the process by threatening to go to court and quoting only one letter from the Registrar . All those lies have now been exposed and critics silenced on the process leading to elections.
I would like to thank the Ad-hock committee and the election team that have taken efforts to make the process as flawless as possible.
Some have criticized the list of nominees for the election.Well non one was prevented from filing his nomination papers and none were rejected. So please stop being a keyboard lawyer and keyboard terrorist now.You had your chance and missed the bus.
I for one have not opted to stand for elections and thus had no interest in it except to see a new look GB that may take the IESM back to its old days of glory and harmony.
Who ever get elected must ensure they remove the short comings of the past and create a system that is transparent and participation based by all.Issues of regional representation,
all India voting based on electronic means,doing away with direct elections to various posts etc are some of the issues we tried to tackle but failed. Hope the new dispensation will be able to carry out the reforms.
I wish those who will get elected all the best and warn you that the battled with Kadyan is not over. He will bite again.
Brgds
Pathak
FALSE PROPAGANDA BY VINOD GANDHI AS USUAL MISLEADING THE ESM
On 25 August 2017 at 20:13, Vinod Gandhi <vk_gandhi@yahoo.com>wrote:
Dear IESM Members and Veterans
Further to my mail of 24 Aug 2017, the court hearing for the petition filed by Lt Gen RS Kadyan was heard on 25 Aug as planned in Pb and Har High Court. The Honorable justice has disposed of the petition Lt Gen RS Kadyan asking for stay on IESM election. Honorable justice has not passed any comments on election procedure after hearing reply of State Registrar. Detailed court order could not be obtained in view of the tense situation in tricity. It will be circulated asap we receive it.
Dear Members it is established that GB IESM wants these elections to ensure that a democratically elected GB takes control of IESM and administers it as per will of members. The Stand of GB IESM has been vindicated after a fight of five years. Plan of Lt Gen RS Kadyan to stick to position has been shattered by the HHC.
In view of Honorable High Court order, It is for information of all that election of IESM will be held as planned on 27 Aug 2017 from 0900h to 1300h at AVCC Sector 37 NOida. All members are requested to come and elect a GB of their choice to run the administration of IESM.
AMEN
Regards
Gp Capt VK Gandhi VSM
From: “Vinod Gandhi vk_gandhi@yahoo.com [indianveterans]” <indianveterans@yahoogroups.co m>
Cc: Ravindra Pathak <raviwarsha@gmail.com>; Satbir General <satbirsm@gmail.com>; CK Sharma <seekayess@gmail.com>; Raj Kadyan <rajkadyan8@gmail.com>; Brig SC Kamboj <chander.kamboj@itintellectual s.com>; Col SS Rajan <colonelrajan44@gmail.com>; LT Gen S. K. Bahri <skbahri1@yahoo.com>; Aditya Jaini <ajbjaini@hotmail.com>; Yahoogroups <tsewa@yahoogroups.com>; Yahoogroups <triservicesveterans@yahoogrou ps.com>; M. V. <militaryveterans@yahoogroups. com>; Sivasankar Vidyasagar <csvidyasagar@gmail.com>; Indianveterans <indianveterans@googlegroups.c om>; “gsnijjar47@yahoo.in” <gsnijjar47@yahoo.in>
Sent: Thursday, 24 August 2017 12:06 PM
Subject: [indianveterans] IESM Elections 2017 at AVCC on 27 Aug 2017 will be held as planned
Dear IESM Members
You are aware that AGM and Election of IESM are planned under the order of HHC order dated 9 May 2017. This order was given after petitioner and respondent gave their consent for the plan. Our reason for consenting for election was simple that term of GB elected in 2014 had expired and hence a new GB needs to be elected democratically. Present GB does not want to administer IESM without proper mandate.
What was the reason of other party that is Lt Gen Raj Kadyan to give his consent for election is not known to us.
A governing body meeting was held on 3 June, It was decided to follow the order of HHC in letter and spirit. The meeting was attended by Lt Gen RS Kadyan with as Chairman with full GB strength of 19 members . As per order it was decided to plan elections asap. Nearest possible date for election turned out to be 27 Aug 2017. It was therefore decided to conduct elections to GB of IESM from 0900h to 1300h on 27 Aug 2017 at AVCC Noida.
An Ad hoc committee was formed minus Gp Capt VK Gandhi and Lt Gen RS Kadyan as per order of HHC. Brig CS Kamboj was unanimously elected as coordinator of Ad hoc Committee. All preparations for Elections have been done under his supervision.
Lt Gen RS Kadyan, who had consented for the election, appealed for stay of elections in HHC. The reason given by him is that order of HHC is not as per consent given by him. Whereas the actual reason for asking for stay in election is very clear that he is afraid of contesting election in face of sure defeat in the elections for him as well as for his friends. He has not even filed nomination papers for any post in GB. The case has had at-least four hearings and final hearing is on 25 Aug. The only ground which has been extended by him is that IESM GB has not requested Registrar for detailing a Returning officer. It is surprising that he claims to be Chairman of IESM, agrees for elections, does not write any letter to Registrar for planning elections even after being present in the GB meeting on 3 June 2017. Now he goes to court that GB has not planned elections as per order of HHC. Whereas the fact is that GB has written nine letters to Registrar on following dates requesting for detailing an observer/RO and clearly listing out every step of elections and execution of planned elections.
22 May2017
10 July 2017
18 July 2017
24 July 2017
26 July 2017
4 Aug 2017
9 Aug 2017
21 Aug 2017
23 Aug 2017
Some veterans have started a campaign to create doubts in the mind of ESM Family. Why and on whose behalf this campaign is being undertaken is not difficult to understand. It is very surprising that while everyone is patiently waiting for the order of HHC, these few veterans are giving their final judgment against the election. It is surprising that many of them are not even member of IESM but they must interfere in internal issues of IESM, as their birthright!!!!!!!!!!!!!.
Friends the truth is that IESM is committed to following HHC order in letter and spirit. IESM has planned the elections as ordered by HHC and is executing the order in letter and spirit. IESM has announced the elections program and is meticulously following the schedule. IESM election schedule has reached the stage of printing of ballot papers and final briefing to all candidates at the site is planned on 25 Aug.
There is only one candidate each for Chairman, Treasurer, Gen Sec and Jt Gen Sec and these candidates will be declared elected unopposed. There are two candidates for the post of Vice Chairman. Total of 24 nominations have been found valid for 16 vacancies in GB.
Election will therefore be conducted for Vice Chairman and sixteen post of GB members.
It is for the information of all IESM members that election process is continuing without any hinderance. Members have confirmed their attendance from 10 states to participate in election process. Members are therefore requested to not to believe the rumours being spread by few veterans about the elections. ALL MEMBERS ARE THEREFORE REQUESTED TO TAKE PART IN IESM GB ELECTIONS WITH ENTHUSIASM AND ELECT THE MEMBERS OF THEIR CHOICE TO RUN ADMINISTRATION OF IESM.
Election will be conducted by the independent Election team from 0900 to 1300h on 27 Aug Sunday at AVCC sector 37 Noida. Easiest way to reach AVCC Noida is to take blue line Metro to Botanical Garden stn. After alighting please follow the indicator. You will see a water tank about 300m in front of the station. AVCC is just next to Water tank.
Account statement and Balance sheet for FY 14-15,15-16 and 16-17 will also be presented to the house for approval in AGM. Any other relevant points raised by members will be discussed.
ELECTIONS TO GB IESM WILL BE HELD AS PLANNED FROM 0900 TO 1300H AT AVCC NOIDA ON 27 AUG 2017. MEMBERS ARE REQUESTED TO PARTICIPATE IN ELECTIONS TO CHOOSE GB MEMBERS OF THEIR CHOICE.
Regards
Gp Capt VK Gandhi VSM
OROP is our right. Dilution in OROP will NOT be accepted.