Boomerangs at Congress manifesto; HC notifies on minimum income scheme, calling it a bribery tool

New Delhi, April 20: Certainly alleging that the NYAY scheme proposed by the Congress Party is in violation of the Representation of People Act, 1951 and Model Code of Conduct, the Allahabad High Court has issued a notice to the Congress party’s election manifesto over the promise of minimum income guarantee scheme to grant Rs 72,000 per annum to the poorest families.

 

 The petitioners contended that such a promise in a manifesto amounted to bribery and is in violation of the Representation of the People Act. “A political party can not make such promises as it is violation of the law and the model code of conduct”, the plea read clear.

 

The bench led by Justice Sudhir Agarwal and Justice Rajendra Kumar passed the order based on the Public Interest Litigation (PIL) filed by advocates Mohit Kumar and Amit Pandey, directing the party and the Election Commission of India to file their replies within two weeks and fixed May 13 as the next date of hearing.

 

The petitioner further has submitted under Section 100 of Representation of People Act, one of the grounds for rendering election liable to be set aside is that result of the election of returned candidate has been materially affected by any corrupt practice. “The corrupt practice could be committed in the interest of returned candidate or by the returned candidate or by election agent or any other person with the consent of the returned candidate or his Election Agent”, read the PIL.

 

According to the PIL further, corrupt practice as mentioned in the RP Act, includes ‘bribery’, that is to say, any gift, offer or promise of a candidate or his agent or by any other person with the consent of candidate, directly or indirectly, inducing an Elector to vote or as a reward to elector having voted.

 

It also includes the receipt of or agreement to receive any gratification whether as a motive or a reward by a person, whomsoever, for himself or any other person, for voting or refraining from voting or inducing or attempting to induce any elector to vote.

 

The unrealistic promises made by the Congress party in the wake of Lok Sabha elections seems to have reversed legally, creating a major setback to the party ahead. It is in the last week that the EC had put a ban on ‘Chowkidar chor hai’ advertisement run by oppositions, calling it a defamatory act. And now, the NYAY move seems to have recoiled, stone walling the election moves further.