Political parties not liable for failing to fulfil poll promises: Allahabad HC

In a significant judgement, the Allahabad High Court has ruled that the political parties cannot be held liable for failing to fulfil the promises they make to the people during elections.

A single bench headed by Justice Dinesh Pathak delivered the judgement a few days back while dismissing an appeal against the order of the lower court rejecting a petition seeking registration of a criminal case against the then BJP president Amit Shah and others for the alleged failure of the party to fulfill the poll promises it had made in its manifesto during the Lok Sabha polls 2014.

"The election manifesto promulgated by any political party is a statement of their policy, view, promises, and vow during the election, which is not the binding force and the same cannot be implemented through the courts of law...even there is no penal provision under any statute to bring the political parties within the clutches of enforcement authorities, in case, they fail to fulfil their promises as made in the election manifesto," the court said in its order.

"The manifesto of a political party issued at the time of general election is a written statement declaring publicly the intentions, motives or views of the said party, what it hopes and vows to do if it is elected and forms the government in future...such a hope and vow of a party cannot have any binding effect or be implemented through court of law and it can also not be de-registered for not fulfilling it even if some people or class of people are alleged to have been allured by it as admittedly it has no legal sanctity," it said further.

The court said that the people, through their votes in the next election, could show their resentment.

The court cited the judgement of a British court in the case of Bromley London Borough Council vs Greater London Council in which Lord Denning had observed that a manifesto issued by a political party, in order to get votes, was not to be taken as gospel and that "it is not to be regarded as a bond, signed, sealed and delivered. It may contain, and often does contain, promises or proposals that are quite unworkable or impossible of attainment. Very few of the electorate read the manifesto in full. They vote for a party and not for a manifesto."

"Therefore, since there is no legislation in this regard so no action can be taken for not fulfilling the promises and commitments made in a manifesto of a political party and reading down of the provision also does not arise," the court said.

Check out latest videos from DH: