HC notice to EC on PIL to declare offer of cash transfer in manifestos as corrupt poll practice

The Delhi High Court 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

The Delhi High Court Wednesday questioned the Election Commission why it was "shying away" from taking action against political parties who violate 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 about "corrupt practices" and sent the same to the political parties. The bench said the Election Commission should start taking action because of the guidelines.

The high court also sought a response from the Centre on the petition which said such "note for the vote" promises violate 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 a 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 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 labor, 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 the free universal franchise. The petition alleged that despite the existence of such practices, the Election Commission "for reasons best known to them have adopted a stony silence".