Allahabad HC Dismisses PIL Against ECI For 'Inaction' On Congress' 'Ghar Ghar Guarantee' Campaign
Sparsh Upadhyay
20 Aug 2024 7:51 AM GMT
The Allahabad High Court today dismissed a Public Interest Litigation (PIL) plea filed against the Election Commission of India (ECI) over its alleged inaction to act against the Indian National Congress (INC) for launching its much debated 'Ghar Ghar Guarantee' scheme/campaign [colloquially also referred to as the 'Khatakhat Scheme'] ahead of the 2024 Lok Sabha Elections.
A bench of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam declined to entertain the petition, noting that it "was not satisfied in regard to the bona fides and credentials of the petitioner".
"The petition is, accordingly, dismissed with liberty to file a fresh petition after making required disclosures, if so advised," the Court observed in its order.
After that, counsel for the petitioner sought to withdraw the PIL plea with the liberty to file a fresh plea disclosing proper educational qualifications.
The PIL plea, filed by one Bharti Devi of Fatehpur District through Advocates OP Singh and Shashwat Anand, stated that the said scheme of the INC was an unethical and illegal attempt to secure votes through monetary incentives.
It may be noted that Congress president Mallikarjun Kharge launched the initiative in New Delhi on April 3, with the aim of "reaching out to eight crore households across the country and making them aware of its guarantees." Under the initiative, the party distributed 'guarantee cards' to several households, promising Rs 1 lakh yearly to the woman head of every poor family.
The PIL plea further stated that the scheme's launch also directly violated established electoral laws and norms. Despite this, the Election Commission of India did not take any action to restrain the party from publicising the scheme.
The PIL plea also submitted that the Congress' 'Ghar Ghar Guarantee' scheme, which involves the distribution of guarantee cards promising various financial and material benefits in exchange for votes, amounts to bribery under Section 123(1)(A) of the Representation of the People Act, 1951, and is punishable under Sections 171B and 171E of the Indian Penal Code, 1860.
The PIL plea added that despite the ECI's advisory issued on May 2, 2024, warning political parties against such practices, INC continued to distribute these cards, compromising the fairness of the electoral process, and the ECI stood as a mute spectator.
The PIL petition also stated that despite possessing all the necessary powers to quell such 'unlawful acts' by taking appropriate disciplinary and penal actions, the Election Commission (respondent no. 2) 'acted as a mute spectator'. At the same time, the INC 'brazenly' kept flouting the Commission's lawful directions and instructions, the Advisory dated 20/05/2024, the Model Code of Conduct, and the electoral norms, the PIL plea submitted.
The PIL petition further stated that she filed a complaint/representation on June 26 before the ECI to take action against the INC and its candidates. However, no action was taken.
Against this backdrop, the PIL plea sought directions from the court to compel the ECI to suspend or withdraw the INC's recognition as a political party under Section 16A of the Election Symbols (Reservation and Allotment) Order, 1968.
The PIL plea also called for the disqualification of 99 INC Members of Parliament, claiming they benefited from the party's corrupt practices under Section 100(1)(b) of the Representation of the People Act, 1951.
The PIL plea also sought a direction from the ECI to restrain the INC and its elected MPs from participating in Parliament's proceedings during the pendency of the writ petition.
Case title - Bharti Devi vs. Union Of India And Another 2024 LiveLaw (AB) 521 [PUBLIC INTEREST LITIGATION (PIL) No. - 1541 of 2024]
Citation: 2024 LiveLaw (AB) 521
