Declare Cash Transfer as Corrupt Poll Practice: Delhi High Court directs notice to EC


On Wednesday, the Delhi High Court issued a notice to the Election Commission of India (ECI) and others in a plea seeking to declare cash transfer or promises by political parties in election manifestos as corrupt practice under section 123 of the Representation of People's Act, 1951.

The bench of Justice DN Patel and Justice Jyoti Singh sought the response of Union of India, Election Commission of India, Indian National Congress (INC) and Telugu Desam Party (TDP) and slated the matter to September 24, 2021.

The petitioners stated that the offer of transfer of cash by way or in disguise of freebies in election manifestos is a corrupt electoral practice under section 123 of the Representation of People's Act, 1951 as well as the guidelines framed as a part of it's Moral Code of Conduct.

  • The plea stated that, after the declaration of the dates of the Lok Sabha Elections of 2019 by the ECI, the INC noted it's manifesto where it promised payment of Rs 72,000/ to five Crore poor families without any labour or work under Nyuntam Aya Yojana (NYAY). Similarly, the TDP of Andhra Pradesh offered to give out Rs 2 Lakh per annum to every poor family in the manifesto.
"The said promises, popularly called 'Note to Vote' is clearly in violation of Section 123 of the Representation of People's Act, 1951 which describes what constitute 'Corrupt Practices' and 'Bribery'," the plea said.

"The negative impact on these corrupt practices cannot be ignored by any patriotic Indian. If freebies, particularly, wanton cash benefits are allowed to be offered as a part of electoral promises, the vast majority of the electorate would be swayed away from dignity of labour and consequently, the economy, industry and agriculture of the nation will be destroyed completely" further stated the plea.


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