<p class="title">A PIL has been filed in the Supreme Court seeking a declaration that misquoting a judicial order for electoral gains by a candidate during elections should be declared a corrupt practice under The Representation of the People Act.</p>.<p class="bodytext">In his plea, BJP leader and advocate Ashwini Kumar Upadhyay also sought a direction that the Election Commission would have the power to refer the complaints against the contesting candidates and political office bearers, for seeking vote on the basis of religion, race, caste, community or language, to the appropriate investigation agencies.</p>.<p class="bodytext">Close on the heels of the apex court seeking an explanation from Congress president Rahul Gandhi on his Rafale judgement comments, the PIL assumed significance for seeking a declaration for “misquoting a judicial order” as a corrupt practice, which may lead to challenging the election of a candidate.</p>.<p class="bodytext">The petition stated since 1990, not only Parliament and State Assembly elections, even in the by-elections, religious, casteist and fake statements have been made in support of a particular party and candidate, which was against the basic dictum of democracy and spirit of free and fair elections in Article 324 of the Constitution. Besides, it offended the right to know guaranteed under Article 19 of the Constitution.</p>.<p class="bodytext">“Under Section 123(3) of The Representation of the People Act, an appeal on the grounds of religion, race, caste, community or language etc., and promotion of feelings of enemity between different classes constitute corrupt practice but same can be questioned only by way of election petition,” the petitioner submitted</p>.<p class="CrossHead"><strong>Power to reject</strong></p>.<p class="bodytext">However, the EC cannot order investigation even when model code of conduct is in force. “Ironically, these provisions will have application only during period of election. Moreover, there is no provision to challenge the corrupt practice of candidate, who has lost the election,” Upadhyay said.</p>.<p class="bodytext">Among others, the petitioner also sought a declaration that the EC would have the power to reject the nomination of contesting candidates and de-register the political parties for seeking vote on the basis of religion, race, caste, community or language.</p>
<p class="title">A PIL has been filed in the Supreme Court seeking a declaration that misquoting a judicial order for electoral gains by a candidate during elections should be declared a corrupt practice under The Representation of the People Act.</p>.<p class="bodytext">In his plea, BJP leader and advocate Ashwini Kumar Upadhyay also sought a direction that the Election Commission would have the power to refer the complaints against the contesting candidates and political office bearers, for seeking vote on the basis of religion, race, caste, community or language, to the appropriate investigation agencies.</p>.<p class="bodytext">Close on the heels of the apex court seeking an explanation from Congress president Rahul Gandhi on his Rafale judgement comments, the PIL assumed significance for seeking a declaration for “misquoting a judicial order” as a corrupt practice, which may lead to challenging the election of a candidate.</p>.<p class="bodytext">The petition stated since 1990, not only Parliament and State Assembly elections, even in the by-elections, religious, casteist and fake statements have been made in support of a particular party and candidate, which was against the basic dictum of democracy and spirit of free and fair elections in Article 324 of the Constitution. Besides, it offended the right to know guaranteed under Article 19 of the Constitution.</p>.<p class="bodytext">“Under Section 123(3) of The Representation of the People Act, an appeal on the grounds of religion, race, caste, community or language etc., and promotion of feelings of enemity between different classes constitute corrupt practice but same can be questioned only by way of election petition,” the petitioner submitted</p>.<p class="CrossHead"><strong>Power to reject</strong></p>.<p class="bodytext">However, the EC cannot order investigation even when model code of conduct is in force. “Ironically, these provisions will have application only during period of election. Moreover, there is no provision to challenge the corrupt practice of candidate, who has lost the election,” Upadhyay said.</p>.<p class="bodytext">Among others, the petitioner also sought a declaration that the EC would have the power to reject the nomination of contesting candidates and de-register the political parties for seeking vote on the basis of religion, race, caste, community or language.</p>
