Karnataka High Court rules election manifesto pledges, like the ‘five guarantees,’ aren’t corrupt practices. Verdict dismisses petition against Shivajinagar MLA Rizwan Arshad.
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BENGALURU: Recently, The Karnataka High Court has declared that promises made in an election manifesto, such as the “five guarantees,” do not amount to corrupt practice. The verdict was delivered by a bench comprising Justice Vishwajith Shetty on March 26. The court dismissed a petition seeking to nullify the election of Shivajinagar MLA Rizwan Arshad under the Representation of People Act.
The petitioner, a resident of Shivajinagar, argued that the guarantees mentioned in the Congress manifesto of Arshad for the Shivajinagar bypolls held in December 2019 constituted bribery and undue influence according to Section 123 of the Representation of People Act.
However, MLA Arshad contended that no concrete evidence of corrupt practice was presented and that manifesto promises cannot be deemed as corruption, citing the precedent set in the case of S Subramaniam Balaji vs State of Tamil Nadu and Others.
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Justice Shetty, in his observation, stated-
“To be considered under Section 123 of the Act, the pledge or commitment must originate from the candidate or their representative… Without additional evidence indicating that the five assurances outlined in the election manifesto… were issued with the approval of the respondent (Rizwan Arshad) or their representative, the accusations cannot be labeled as corrupt practice according to the Act.”
The petitioner contended that the judgment of S Subramaniam Balaji could not be applied as it was still under further consideration by a larger bench of the Supreme Court. The court acknowledged this argument but also highlighted that while the S Subramaniam case held that election manifesto promises are not corrupt practices under the Representation of People Act, another observation made by the Supreme Court in a case related to Ladakh indicated that the High Courts should decide based on the “law as it stands.” Therefore, the S Subramaniam judgment could not be disregarded.
The Shivajinagar bypoll was conducted in 2019 following the disqualification of seven-time MLA R Roshan Baig. The constituency witnessed an intense battle between the political parties, with Rizwan Arshad emerging victorious. However, his election was challenged, leading to the recent ruling by the Karnataka High Court.
The ruling holds significant implications for forthcoming elections in Karnataka and potentially nationwide. It elucidates that commitments outlined in election manifestos, regardless of their ambitiousness or comprehensiveness, cannot be deemed as corrupt practices unless there exists substantial evidence implicating the candidate or their representative. The court’s stress on consent and prima facie evidence highlights the necessity of establishing a direct association between the candidate and the pledges articulated in the manifesto.
Political parties often make grandiose promises in their manifestos to attract voters. This ruling provides clarity on the legal standing of such promises and ensures that candidates are not unfairly targeted based on the contents of their manifestos alone. It also safeguards the democratic process by allowing candidates to articulate their vision and agenda without the fear of legal repercussions for their promises.
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However, it is important to note that this ruling does not absolve politicians from their responsibility to fulfill the commitments made in their manifestos. Voters have the right to hold elected representatives accountable for the promises they make during the election campaign. The court’s decision pertains to the legal interpretation of corrupt practices under the Representation of People Act and does not diminish the ethical and moral obligation of elected officials to honor their manifesto pledges.
