Archive for November, 2020

Can we say that Congress is 135+ year old party? Part – 2

But what is the legal position of the is issue judiciously?God knows as to why the Nehruvian Congress was not challenged before 1969 when it was not split up in two Congress?

It is better to call this Congress, “Nehruvian Congress” or “Indian Nehruvian Congress” however it has no branch in Pakistan and Bangladesh or elsewhere.

Why the Nehruvian Congress or the so said Congress, has no branch elsewhere in the other countries?

It is only because, all the Congress members including its leaders, had ran away from Pakistan to India at the time of partition on plea of the fear of unsecured life in Pakistan for Hindus.

MK Gandhi had made a public statement that “You ran away from Pakistan, and you say your life was not safe in Pakistan. Why?

I have taught to die. Had you been killed there, I would have been extremely happy. I would have danced … I would have danced and danced with a joy. But like a coward you ran away from Pakistan. I have never taught you this…”

Off course some people suffering from “MK Gandhi-phobia” put this statement as if it was addressed to a lot of common migrant from Pakistan into India. Because it fits to their agenda to find every fault with MK Gandhi only.

Leave this topic of phobia aside.

We should not forget;

(1) We should not forget that Muslims have many communal parties in India including Indian Muslim League. In this and all other Muslim  parties, only Muslim are allowed to be the member of the party.

(2) Congress failed to have “Pakistan National Congress” and “Bangladesh National Congress” parties in Pakistan and in Bangladesh respectively.


(3) Because Congress leaders willfully forgot the advice of MK Gandhi. MK Gandhi had told that “I will come to Pakistan once Delhi becomes peaceful”.

(4) Actually the Congress leaders killed the scope of reuniting India.

(5) To go to Pakistan was the next step of MK Gandhi. By going in Pakistan, he was to convince the common mass to fight against the division of India. If the leadership fails to prevent the partition, only the common mass can reunite the nation.

Any way Leave this topic too, aside.

(6) Because this was not the topic of the subject line. But the Congress has deviated from its principle.

Can a democratic party be a dynastic party by its principles or by it action?

What is meant by Dynastic Party?

(1) If a person who held Number One post in the party, a progeny of that person also would hold the Number One post directly, then such party has to be termed as dynastic party.

(2) Nehru had made such arrangement for India. Indira had made such arrangement for Sanjay. But Sanjay Gandhi died accidently.

(3) Indira Gandhi installed not only a Rubber Stamp President of India, but also a President completely devoted to her.

(4) The Indian President was so much devoted to India Gandhi, that he was ready to broom, if Indira Gandhi said so.

(5) Thus after Indira Gandhi, Rajiv Gandhi was installed as the Prime Minister of India by Zail Singh the then President of India. This was done before the dead body of Indira Gandhi, gets cremated. Such a practice is prevailed in monarchy.   

 (6) The President of India did not follow prescribed procedure which was mandatory for a democratic country and as per the constitution of India, by Zail Singh. And we know what is happening till date in Congress.

But what about the Real Congress (1951 to the dispute aroused in 1969)?

Yes. We can now forget the aim of a party and the moral binding of the party, and we accept the party is a political party.

In this case what should be the criteria that can decide the original party?

Now suppose the party breaks into two. Then which fraction should get the inheritance of the original party?

What does the constitution of the party say?

(1) Party has a president. President is the Number One power post in the party.

(2) The central working committee holds the power of making the decision on any issue related with the party policy including disciplinary action against any member.

(3) The party president is elected in the General Conference by the delegates by majority. These delegates were elected by the state general body meeting of the members, in proportion to its membership in the state.

(4) Party has a central working committee. It consists 50% elected members by the delegates in the general Conference. The remaining 50% of working committee members are selected and appointed by the elected party president.

(5) The party president will take the decisions on majority basis of the Central Working Committee members.

(6) President will hold the post till he enjoys the majority or to the prescribed period under the party’s constitution.

(7) The president is authorized to call for working committee meeting, and general conference of the party with asking for points of discussion and to be decided and to be put into agenda.

(8) The party President  and then circulates the agenda.

(9) The Coram of the meeting follows general rules of a meeting.

(10) Any member can ask the president under the signature of 20% members (this 20% presence is the Coram under general rule of a meeting. If there is no Coram, the date of the meeting must be extended.

(11) If the president is satisfied on the ground, or the president of his own, can call for emergency general body meeting in consultation of the working committee member.

(12) Any member can ask the party president or of its own, can call for a requisition meeting provided majority of the members supports him/her.

What had been happened in 1967-69?

Leaving aside many other disputes related with ministerial powers prevailing in Congress party;

(1) The central working committee had selected by its majority, Sanjeev Reddy as the Congress Candidate for the Indian Presidential election.

(2) Indira Gandhi was not in favor of his candidature. But as per the majority decision of the central working committee, she had to sign the candidature of Sanjeev Reddy, as the leader of the Congress party of the  parliament.

(3) Indira Gandhi asked VV Giri to file his candidature. VV Giri deed it.

(4) Indira Gandhi and her gang propagated false sexual allegations by distributing pamphlets in central hall, against Sanjeev Reddi at the day of the election.

(5) Sanjeev Reddy got defeated. VV Giri won.

(6) As the leader of the party Indira Gandhi asked the Congress party president Nijalingappaa, to call for the emergency general body meeting. Nijalingappa refused to call because the regular general meeting was due after only few months.

(7) Central working committee dismissed Indira Gandhi from the leadership of the Congress party..

(8) Indira Gandhi called for requisition meeting. She enrolled new and bogus members. Some old members defected to Indira Congress ignoring the directive of the Congress (N).

(9) Some defected members and the new members attended the general conference. In this requisition meeting Indira Gandhi dismissed Nijaligappa from the party’s presidential post.

(10) Indira Gandhi installed herself as the party president.

Now these both the Congress-s claimed the original heritage of the party. Case was filed in 1969.

(1) As an interim measure, the CEC withhold the symbol of Congress. Allotted different symbol to each party.

(2) Congress (I) i.e. Congress lead by Indira Gandhi selected Cow and her two Calf as the party symbol. Congress (N) lead by Nijaligappa selected a man with the spinning wheel.

(3) By this time Indira managed the majority in L.S. by taking supports of CPIM, Muslim League, some defected members and some other miscellaneous parties.

(4) In the general election of L.S. 1971, Indira gained clear majority.

(5) To win the elections and to get the majority is one thing. And to administer efficiently and to do progress is another capability. Despite of winning the war in 1971, Indira Government failed in all of the development and the diplomacy fields.

(6) Public agitation started and Indira Gandhi imposed emergency. She arrested all the persons who opposed her, and put to jail say 66000+ for indefinite period.

(7) Emergency collapsed by its own wait. Failures remain as they were.

(8) Congress (O), Jan Sangh, SSP, Janata Dal, Republican etc… got united and formed a Janata Front. They defeated Congress (I) in 1977. Then in the leadership of Moraraji Desai, Janata Party was constituted.

(9) Congress (O) was dissolved. Janata front converted inot Janata Party.

(10) Till this date SC did not give its verdict.

(11) In 1979 Charan Singh took the support of Indira Gandhi and toppled Janata Party Government. Then Indira Gandhi betrayed and toppled Charan Singh’s government.

(12) President of India declared general election and Congress (I) won the elections with a clear majority.

(13) Now the SC thought a proper time to give its verdict on the dispute.

(14) The SC said that in the Democracy, public is supreme. The victory of Congress (I) had been considered the criterion of deciding base. SC said, because Congress (I) has secured more L.S. seats, the heritage should go to Congress (I). Off course the SC did not gave any verdict on the property. Viz. Intellectual property of heritage and the real property.

(15) This was a funny and ridiculous judgement.

How was it funny and ridiculous?

(1) The SC did taken a cut-off date as the criteria of the number of the LS members of new parliament of 1981. At this time the Congress (N) was not existing, because it was sissolved in 1977.  

(2) Now suppose the Congress (O) had not been dissolved and it would have continued, then in the time to come the Real Congress would have been flip-flopped several time, because in democracy elections are held time to time as a routine. Every time different party may win with different number of seats. The possibility cannot be ruled out that in one or other L.S. elections Congress (N or O) can get more number of seats in L.S.

What should have been the appropriate criteria for deciding the heritage of a party when it gets spitted up?


Shirish M. Dave

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Can we say that Congress is 135+ year old party? Part – 1

If we believe in logic, morality and democracy, the so called Indian National Congress cannot be termed in any way a political party. What to talk of 135+ years old party when the INC cannot be termed as a political party at all.

(A) What is the requirements to identify a group of persons as a political party?

The political party has to be composed of its structural design with the aims and principles, i.e. the constitution of the party has to consisting of

(1) Eligibility criteria of members at the various level in the party,

(2) to establish the national sovereignty and to protect the national sovereignty,

(3) the principles of the party for the welfare of the citizens

(4) the line of implementation of the aims,

(5) the authority to make the changes in the aims without changing the main (fundamental) principles if the party accepts the democracy,

(B) The Congress formed by Hume. Hume was not having the aim of national sovereignty. Hence it was not a political party at all.

(1) Hume’s Congress was only formed to work as an agency to understand the feeling of the people of India towards the Government.

(2) The eligibility criteria was to be a “white collar person” under the approval of Hume.

(3) It was not open to public even up to 1916.

(4) Only in 1919 the Congress was opened up for common mass with a highly reduced membership fee. i.e. 4 Annas (25 paise), or under the acceptance the principle of swadeshi, one hand-spun skein of thread was to be deposited.

( C) Real birth of the Congress

(1) The birth of Congress took place when Balgangadhar Tilak had started HOME RULE in December 1916, and when the split-up congress was reunited.

(2) Thus the birth of a real political party as the Congress, has to be considered to be in December 1916. Mahatma Gandhi designated Lokmanya Bal Gangadhar Tilak as the Father of Congress party who fought for freedom.

(3) Life span of Congress

The life span of Congress as a political party is from December 1919 to December 1949. i.e. 30 years.


(4) Lawfully, December 1919 is the birth year of the Congress, where its main aim had become to achieve the political independence of India.

(5) The main aim has been partially achieved in August 1947. But this was not the lawfully total independence. Till 26th January 25 1950 India was under the sovereignty of British Crown. On 26th when India passed the Indian Constitution, India became totally independent of British Crown. Off course the cultural independence was/is still pending. But that was not the part of  the  Indian constitution prepared and approved in 1949.

(6) In other words as desired by Mahatma Gandhi, the Congress was to be dissolved once we got the political independence i.e. 15-08-1947. Theoretically the Congress as a political party died in 1947. The said party died principally and legally, on 26th January 1950.

( E ) How can we say that it died on 26th January 1950?

The main aim of Congress was independence. It is ok. But what about the other principles?

e.g. Welfare of the people, democratic society, civil code, to establish a non-violent society, reforms in the society … ?

(1) As for M. K. Gandhi, “the duty of the Congress was to achieve political independence only. And that was achieved.

(2) The security, common civil code, common penal code, educational reforms, social reform, law and order … etc. are the work of government.

(3) As for making a reform in the society the government needs experts’ opinion. It also needs discussions among peoples’ representative and experts.

(4) This can be processed only after people’s mandate. The Congress had no mandate. MK Gandhi had asked the  Congress to convert itself into a missionary organization.”

(F)  So what? Why the Congress cannot continue as a political party?

(1) To continue as political party, the Congress should change its name. Its name does not indicate by its name, which indicates, it has any specified identity.

(2) Congress has lost all its main principles and aims too?

(G) What were the principles and aims of the original Congress? How has the Congress ignored them each?

(1) Its democratic structure and Constitution lost.

The democracy is killed and murdered several times right from 1950 to till this date. e.g.

(2) To flow the rivers of milk and ghee i.e. people will be happy with full amenities.

No willful approach is visible even after 65+ years of its rule. What to talk of flooding with milk and ghee, even pure drinking water has not been made available to each house, The Congress leaders themselves have become multiple billionaires but the Congress leaders had never even recognized, a toilet is also an issue for the people,

(3) Prohibition on liquor,

Congress Government had relaxed the prohibition on liquor in nineteen fifties. Congress even allowed to flourish the drug-mafia, and it gave a convincing message that Congress is a party to it.

(4) Non-violent society

Slaughter houses are increased and the capacity of existed slaughter houses were also being increased continuously.

(5) Natural rights and democratic rights

Natural rights were ignored with an affidavit before court of law that the Government has right to kill its citizen without assigning even a reason to the citizen during emergency. The constitutional rights were totally abolished by fake and undemocratic laws.

If a person uses this right of Freedom of expression, the person is harassed, threatened and punished illegally in the Congress ruled states, even now,    

(6) All are equal before law;

Congress has framed many laws, by way of following irregular procedure, where the citizens are deprived of the fundamental rights by identifying them by their caste, religion, gender and area, for indefinite period. When another party’s government abolished such laws following democratic procedure, then the Congress has been and is instigating one or more communities to revolt openly against the government.

(7) Protect sovereignty of India:

POK is a part and parcel of India. Indian military captured a portion of POK, during  the war between India and Pakistan in 1972. The Congress handed over this portion of  POK to Pakistan in 1973. India has the claim on this portion. Congress also handed over 91000 square miles land to China by keeping the Indo-China border unsecured, though it was brought  to notice of Congress time to time, in the parliament. Congressi PM  had  denied the fact bluntly all the time in the parliament. Refer autobio graphy of JB Kriplani.

Congress even allowed drug-mafia to flourished. Congress allied ministers says the person who are involved in trading and using drugs should not be arrested and should not be sent to jail, but they should be sent to rehabilitation centers. This culture of Congress is not a surprise. Congress was a party to feed terrorists from public fund. Now also it is allied with the same gangs who want to take help from China to restore Article 370 and 35A which laws permitted to recognize the citizens’ rights by their caste, region, religion, gender.

Congress party made a private agreement with China, the China, which is “Enemy Number One” of India, leave aside various scams and frauds committed by the Congress.

(8) Missing all moral values:

It has become a part and parcel of Lutyen gangs. Refer the meaning of Lutyen Gang elsewhere in this blog site, and also the conclusions of the Vora Committee Report. Only 12 pages are disclosed of the Vora Committee Report.

(9) People wants to know if any evil is missing in the Congress.

Congress can be disqualified as a political party itself on every democratic ground.

But what is the legal position judiciously?


Shirish Mohanlal Dave

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Influence on Judiciary a matter of research

Please recall the interview of a retired Supreme Court Chief Justice, by Arnav Goswami on his TV channel. Common mass can smell a lot. We will discuss about the influence on Judiciary. But let us understand what is else.

There many more heads of Lutyen Gangs


Who is independent?

If a person has a liberty to express his view then either the person is bold or the person is secured. That is, a person can express his idea or view point or decisions without any fear, if this can applies to a common mass then it is an independent.

What is fear?

A person wants to live its life happily. That is the person feels that there is no scope or chances to get damaged his body and mind (off course, as for the body and mind, whatsoever is the damage happens to the body including brain is felt by mind) while it passes through its life span. Besides this the person also wants the same situation for his beloveds. Fear is the chances of disintegration of the body ultimately.

In a democratic society (country is also a society) the person is more secured and happy, compared to non-democratic society.

What is meant by democracy?

Democracy means, where the truth is honored and accepted, if it steps up the society. Step up means the mental evolution.

So far democracy is concern, the society is composed of common mass, people’s representatives, administrators (bureaucrats), media (which provides information and guide the society by giving information and suggestions), and judiciary (which takes ultimate decision on a dispute). The duties of all these lots are governed by the Constitution approved by the people through their representatives.

What is meant by “Influence”?

Influence is a change in thinking and arriving to an opinion. The change can be by Education and by more information. The change can also be under bribe, threat and penalty. We are talking about the latter type of influence.

Why are we discussing the influence by   bribe, threat and penalty?

We will not discuss on the influence other than influence on judgement of judiciary. Because judiciary is the final authority to award justice. If judiciary influenced by bribe, threat and penalty then it is harmful to the nation. Hence in a democratic country to have an independent judiciary is mandatory.

In most of the cases in India, bureaucrats have a culture to get influenced by bribe. Similar is the case with politicians. But in case of politician, it varies with party to party. The dynastic party viz. Congi has broken all records making money through unauthorized sources and dividing communities  in India, during its rule of 65 years. Congi’s top most leaders are also not beyond doubt of their integrity. They are bails too. Under this condition, what to talk about its normal members!!. The Congi has produced similar cultural parties like TMC, SP, RJD, NC, PDP …

BJP is the least corrupted party.

Who is powerful to influence the judiciary?

In a democracy the people are the most powerful. But the people are the soft target to get them influenced. It is a long story.

But we must know that the ruler of Oman can make his country from undeveloped to a developed country  within 15 years, but the Congi despite of its absolute power for decades together, failed in every field and keep the country undeveloped. On the other hand Congi created and developed social problems. Because Congi knows that, it can influence the people at a large scale, by dividing them by caste, religion, language and by encouraging antisocial element, bribing media, besides keeping the mass at large illiterate and by spreading lies.

People’s representatives have power for making the laws and implementing them. The people’s representatives can bribe, the bureaucrats, to implement the laws in such a way, in selective instances, as and when needed, such that the law can be made ineffective. However the judiciary can prevent this by taking SUO MOTO or it does not entertain the delay tactics in the process of proceeding and giving judgement.

Who can take SUO MOTO?

Judiciary of the level of High Court and the Supreme Court can take SUO MOTO. But these level judiciary would take SUO MOTO provided the matter according to them is serious and a breach of fundamental right. But it all depends upon the perceptions of the judiciary of an event.

Recent cases of failure of a state government of Maharashtra

Murdering Hindu saints at Palghar:

Two Hindu saints were murdered in Palghar by a mob, appeared to be under a non-Hindus’ agenda. This was done under a plea that the Sadhus had come to kidnap children.

There is no information at any place about, how many children are kidnapped in Palghar, how many cases are lodged with police, and on what ground the mob had a doubt on these Hindu Saints? One of the two saints, was above 70+ years of age. Mob had killed the driver also.

The high side of the selective behavior of Maharashtra Government is, it was not a case of happened suddenly. The car was stopped by some people. They gathered a mob. The car was turned down. Police came by its own time. Till this time the saints were in the overturned car only. They came out of the car by the police. Police was in at least a dozen in number, with a fully informed of the situation. It had required arms to control the situation/ Police was capable to stop the beating the Saints and driver. Police could have used their lathi  and or could have done fires in the air.

But police did nothing. The 70 years old saint was holding a arm of a police, under the normal expectation that police party would save him from beating by the mob. Police force was determined to see, both the saints and their car driver, killed by the mob. It absolutely appeared and very clear, it was not the only a lynching by the mob, but the police force was also a party, in killing the saints and their driver. Not only police and the mob, but a local leader of Sharad’s NCP’s was also present there. The NCP leader did nothing there, as he too was determined to not to protect the saints and their driver from the mob and the police force.

This case of murders  was kept hidden.

It is normal for this pseudo seculars, viz. SS (alias Sonia Sena, (which is wrongly termed as Shiv Sena), plus Sharad Sena (better known as a right hand of Daud), plus Congi Sena (known as the left hand of Daud), plus the Defense network of Daud in Mumbai i.e. the Police ), in this case of Palghar, tried to hide such cases where the Hindus are the victims. But some somehow they failed to hide the triple murder case of Palghar.

The R. Bharat channel got the video clip, and the news reached to the public. Surprisingly the CM of Maharashtra threatened the noise makers, to not make any noise, otherwise the Maharashtra Government take sever actions against them whosoever making the noise.

Bharat’s Arnva and the social media continued to protest. The public noticed as to how badly the case was handled by the Maharashtra Government.

Disha Shalyan murder case and Sushant Singh Rajput murder case!!:

A story was cooked up theory that Disha Shalyan the secretary of Sushant Singh (a successful actor of Bollywood) committed suicide. She jumped from 14th floor of a gallery. There are a lot of stories. But it is am matter of research as to how the police accepted the story of Disha’s death was a suicide, when the body found in naked condition. Is there prevailed such incident of  suicide?

Sushant Singh Rajput death case was also declared a case of suicide by a minister of Maharashtra State Government before any report comes out.

There are multiple stories running in media and on social media. This is very common in a democratic country. It is supposed to be accepted by the state government of Maharashtra. But a senior leader and a minister of the government of Maharashtra, surprisingly took it personally.

There are several narratives: Nepotism in Bollywood, involvement of Drugs Mafia run by Daud Ibrahim, Drug trading in Bollywood, Drug parties’ management in farm houses with the help of police and the agents of Daud Ibrahim in politics, Involvement of near relative of CM Maharashtra in the above mentioned two death cases. Surprisingly the Maharashtra Chief Minister and the Commissioner of Mumbai Police took the case personally and showed vindictiveness.

Kangana Ranaut reacted with the Chief Minister of Maharashtra. She says that she is ready to disclose a lot information about the evils prevailing in Bollywood before CBI. She is also ready to provide information on Disha Salyan Case and Sushant Singh case.

Chief Minister of Maharashtra demolished her house in Mumbai in an absolutely illegal way. Sanjay Raut a senior leader of SS openly used derogative words for Kangana Ranaut. He also threatened that if she would come in Maharashtra her waistline will be broken.

Can a minister in a democratic country behave like an autocrat? Can a minister in a democratic country stop the movement of a female citizen? Can a minister in a democratic country threaten a female to damage her body? Why a minister should be angry and get irritated on a citizen for nothing? People and the media has a right to expose such minister’s behavior. Is it not a matter of research as to why the judiciary cannot perceive the fact that the constitutional rights of a citizen are denied by the state government.

The more alarming situation of the action of the government machinery is used against Arnav Goswami clear cut vendetta and with absolutely false evidences and lies. The Commissioner of Police is a gazetted officer. A statement of a gazetted has to be accepted as a truth of proof by law. If a gazetted officer speaks lie, he gets disqualified for its  post. The Government is supposed to be dismissed. If the government does not suspend the gazetted officer, it should be termed as failure constitution in the state. The court should take a SUO MOTO and it should ask the union government to suspend the state government to investigate into the matter and arrest the officials involved in the case and also the ministry because it is a joint responsibility of the state ministerial cabinet unless the responsible ministers are not sacked out.   Here in the case of Maharashtra the whole cabinet and the allied parties members are responsible, because Sanjay Raut who is the spokesperson who speaks on behalf of the state government policy and action. The state assembly must be dissolved. This is the perception of common me common men of the country. The common men expect the judiciary to intervene.

Why the Union Government is silence on the matter?

The ruling alliance has two groups. One group believes in establishment of morality in India. Other Group wants that the alliance should not rush towards morality. The latter group is afraid of Sharad gangs. Sharad gang has link with cross border antisocial gangs and local antisocial gangs inclusive of police network especially of greater Mumbai. Lutyen gangs are composed of several gangs which is not a secret. In ruling alliance there are several leaders have links with Lutyen Gang, this possibility cannot be ruled out. Narendra Modi group thinks that when Sharad-Sonia-Uddhav gangs otherwise also to be die in near future, why should the BJP should open a new front?

Shirish Mohanlal Dave


Daud has exerted pressure on and asked Sharad Sena, Sonia Sena and Congi Sena to  promise him to award Bharat Ratna to  Param Vir Singh as and when their alliance would come to power at Center. This cannot be ruled out. All the four gangs have also decided to merge and to have a single party with the name as United Lutyen Gang . ULG

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