[Elections] Party's Declaration, Promise Of Policies They Intend To Implement Can't Be Considered Corrupt Practise Under RP Act: Karnataka High Court

The Karnataka High Court has held that a declaration by a party as to the policy that they intend to bring about cannot be considered a corrupt practice for the purpose of Section 123 of the Representation of Peoples Act.

A single judge bench of Justice M I Arun dismissed an election petition filed by a voter Shashanka J Sreedhara from Chamrajpet Assembly Constituency challenging the selection of the successful candidate B Z Zameer Ahmed Khan, from the said constituency in the 2023 Elections conducted to the Karnataka State Legislature.

The bench said “Whether the said policy (Promises made by Indian National Congress (INC) party in its manifesto) is sound or not and whether it has the effect of dolling out freebies or appeasing a section of the society to the detriment of others, is a matter to be debated and it is for the voters to enlighten themselves about the viability of the said promises and vote for a particular party. The same cannot be considered as a corrupt practice for the purpose of Section 123 of the RP Act.”

The main contention of the petitioners was that guarantees in the manifesto amounted to corrupt practices and for that reason, it was prayed that the election of the respondent, who was a winning candidate from the Indian National Congress, be set aside.

The respondent sought rejection of the plaint on the ground that the petitioner has not made any personal allegations against the respondent candidate as being involved in corrupt practices but has contended that the manifesto of the Indian National Congress party amounts to corrupt practice and it is submitted that the manifesto of the Indian National Congress party amounts to a policy matter and it cannot be termed as a corrupt practice.

The court noted that the petitioner in the course of arguments admitted that he has not made any personal allegation against the respondent having indulged in any individual corrupt practices, but that the manifesto of the Indian National Congress is dubious and the guarantee schemes pronounced in the said manifesto has the effect of bankrupting the State Treasury and is not implementable.

Referring to the Apex court judgment in the case of S. Subramaniam Balaji Vs. Govt. of Tamilnadu, (2013), the Court said “The five guarantees of the Indian National Congress have to be considered as social welfare policies. Whether they are financially viable or not is altogether a different aspect. It is for the other parties to show as to how implementation of the said schemes amounts to bankruptcy of the State Treasury and it can only lead to mal governance of the State. It is possible that they can be termed as wrong policies under the given facts and circumstances of the case, but cannot be termed as corrupt practices.”

Accordingly, it allowed the application filed under Order VII Rule 11, read with Section 151 and dismissed the plaint.

Earlier, another bench of the high court had dismissed an election petition filed by a voter in Shivajinagar Assembly Constituency, seeking to declare the election of Rizwan Arshad as Member of the Legislative Assembly as void, on allegation of indulging in corrupt practice.

Appearance: Senior Advocate Pramila Nesargi a/w Advocate Sunil M V, Priyanka G and G Devarajegowda for Petitioner.

Advocates Sriyuths Shaik Ismail Zabiulla, Gokul Kumar S, O Chandra L, Vijay Kumar Y H And Mohammed Rizwan Ahamed for Respondent.

Citation No: 2024 LiveLaw (Kar) 199

Case Title: Shashanka J Sreedhara AND B Z Zameer Ahmed Khan

Case No: ELECTION PETITION NO.15 OF 2023

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