Karnataka High Court deems Congress party’s 2023 election manifesto pledges as unwise policies but not ‘corrupt practices’ under the Representation of People Act of 1951.
Thank you for reading this post, don't forget to subscribe!
BENGALURU: Recently, The Karnataka High Court has issued a judgment regarding the pledges made by the Congress party in its electoral manifesto for the 2023 Assembly Elections. The court clarified that although these commitments may be deemed ill-advised policies, they do not meet the criteria for ‘corrupt practices’ as defined by the Representation of People Act of 1951.
This ruling follows a petition filed by Shahshanka J Sreedhara, a constituent, who contended that the promises made by the Indian National Congress constituted corrupt practices and sought to annul the election of the winning candidate.
The Congress party’s manifesto included five major promises: free electricity up to 200 units, a payment of Rs.2,000 to every woman heading a family, the supply of 10 kilograms of food grain to below poverty line (BPL) family members, a stipend for unemployed educated youth, and free travel for women in state buses. These promises sparked a legal debate regarding their classification as corrupt practices.
ALSO READ: Income Tax Appellate Tribunal Rejects Congress’s Plea on Bank Account Actions
The Karnataka High Court examined Section 123 of the Representation of the People Act, which defines election-related corrupt practices. After careful consideration, the court concluded that a practice can only be deemed corrupt if it is carried out by a candidate, their agent, or with the candidate’s consent. The court emphasized that a policy declaration by a political party cannot be considered a corrupt practice.
“These actions do not meet the criteria for corrupt practices as outlined in Section 123 of the RP Act.”
-the court affirmed.
It further stated that whether a policy is sound or if it favors certain sections of society to the detriment of others is a matter of debate and should be left to the voters’ discretion.
In this particular case challenging the election of Congress MLA BZ Zameer Ahmed Khan from Chamrajpet Assembly Constituency, the court noted that the petition against him solely alleged corrupt practices based on the Congress manifesto. However, the court found that the petition did not disclose any cause of action and subsequently rejected it.
Representing the petitioner, Shahshanka J Sreedhara, were Senior Counsel Pramila Nesargi along with Advocates Sunil MV, Priyanka G, and G Devarajegowda.
On the other side, Advocates Sriyuths Shaik Ismail Zabiulla, Gokul Kumar SO Chandra L, Vijay Kumar YH, and Mohamed Rizwan Ahamed represented the respondent.
Justice MI Arun, who presided over the case, provided an observation on the matter.
ALSO READ: Congress and CPI(M) Manifesto: Repeal CAA, UAPA, Bifurcate Supreme Court
He stated-
“The Indian National Congress’ five assurances are to be viewed as social welfare measures, separate from their financial feasibility. It is incumbent upon other parties to demonstrate how the implementation of these schemes could lead to state treasury insolvency and governance issues. While they may be considered incorrect policies in certain contexts, they do not constitute corrupt practices.”
Case Title:
Sri. Shashanka J Sreedhara vs Sri B.Z. Zameer Ahmed Khan
