NE LEGAL BUREAU
NEW DELHI, SEP 15
The Delhi High Court on Wednesday questioned the Election Commission why it was shying away from taking action against political parties who are in violation of its guidelines on corrupt practices and sought its response on a PIL to declare offer of cash transfer in manifestos as a corrupt electoral practice.
“Why are you shying from taking action? Start taking action. Don’t just issue notices and letters. Let us see what action you are taking. Proposed actions also, you can state,” said a bench of Chief Justice D N Patel and Justice Jyoti Singh.
The remarks were made by the bench after the counsel for the poll panel said that it has already issued guidelines in relation to corrupt practices and sent the same to the political parties.
The bench said the Election Commission should start taking action in view of the guidelines. The high court also sought response from the Centre on the petition which said such note for vote promises are in violation of Section 123 of the Representation of Peoples Act which deals with corrupt practices and bribery.
The bench also sought the stand of two political parties — Indian National Congress (INC) and Telugu Desam Party (TDP) — as the petition said that INC and TDP in 2019 general election offered cash to certain section of the society.
The INC (announced) the Nyuntam aay Yogyna — NYAY scheme and offered to put Rs 72,000 (yearly). It was hearing the public interest litigation (PIL) filed by two advocates — Parashar Narayan Sharma and Capt. Gurvinder Singh — whose counsel contended that offering of cash without any work in election manifestos has to be declared illegal.
The high court, which posted the next hearing on September 24, was told by senior counsel Soumya Chakraborty, appearing for the petitioners, that when cash is offered, not against any labour, it is not supported by any policy.
“In COVID, funds were put in accounts of people. (But) it was an extraordinary situation. If political parties start the trend of giving money not against any work, our industries, agriculture will finish,” he submitted.
The petition filed through lawyer Amardeep Maini said “the success of a democracy rests on an honest government which is elected through a free and fair election bereft of corrupt practices. It contended that a spike in practices offering cash as freebies would be a deathblow to the foundation of democracy and cast a pall of gloom over free universal franchise. The petition alleged that in spite of the existence of such practices, the Election Commission for reasons best known to them have adopted a stony silence.’’
