The Delhi High Court on Wednesday asked the Election Commission why it failed to take action against political parties for violating its guidelines on corrupt practices and offering cash transfers in manifestos to voters.
"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," a bench of Chief Justice D N Patel and Justice Jyoti Singh told a counsel, appearing for the poll panel.
As the EC's counsel submitted that it had issued strict guidelines for the political parties in relation to corrupt practices following S Subramaniam Balaji case judgement (2013) by the Supreme Court, the bench sought to know the action taken by it against the parties, saying powers are ornaments and those have to be used for the welfare of the public at large.
The court was hearing a PIL filed by two advocates Parashar Narayan Sharma and Capt Gurvinder Singh who contended that offering cash without any work in election manifestos has to be declared illegal.
It also sought a response from the Centre on the petition which said such cash for vote promises are in violation of Section 123 of the Representation of People Act related to corrupt practices and bribery.
The bench also issued notice to two political parties -- Indian National Congress (INC) and Telugu Desam Party (TDP) -- as the petition pointed out both had in the 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 to a section of voters.
The court posted the matter for hearing on September 24.
Senior counsel Soumya Chakraborty, appearing for the petitioners, contended that when cash is offered, not against any labour, it is not supported by any policy and countenanced in the Constitution.
"During the Covid-19 pandemic, funds were put in accounts of people. It was an extraordinary situation. If political parties start the trend of giving money not against any work, our industries, and agriculture will finish," he submitted.
The petition filed through lawyer Amardeep Maini claimed a spike in practices such as offering cash and freebies would be a death blow to the foundation of democracy and cast a pall of gloom over the free universal franchise.
It further alleged the EC for reasons best known to them have adopted a stony silence.
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