Voters file suit against BJP seeking damages for “fraudulent misrepresentation” vis-à-vis 2008 election promises

The Bharatiya Janata Party (BJP) has recently been arraigned (through the party President) as a Defendant in a civil suit filed claiming that the political party deliberately misled voters in the previous State elections conducted in 2008. A group of thirteen voters have approached the City Civil Court in Bangalore, claiming damages for the willful misrepresentation by the BJP with respect to promises made prior to the 2008 State elections. The Defendants include former Karnataka Chief Ministers, DV Sadananda, and BS Yediyurappa..Interestingly, the plaintiffs have sought the matter be treated as a “class action” suit, with the “class” in question consisting of all those who voted for the BJP in the 2008 elections after relying on the promises. After listing out 45 “specific, definite, limited and quantifiable promises” (such as constructing a cyber café in every village) made by the BJP’s in its pre-election, “promise sheet”, the plaint also makes note of the 300-odd promises of a “general nature” (such as examining possible reforms in the VAT structure) whose performance did not constitute a “binding obligation” on the BJP..It is the plaintiffs’ argument that it was only after placing reliance on these specific, time-bound promises, that the plaintiffs cast their vote in favor of the BJP. It is further claimed that the plaintiffs’ had no opportunity to discover any dishonest intentions of the BJP with respect to the promises made by the political party..In 2008, the BJP formed the State government, after winning from 110 constituencies. However, as per the plaint, once elected, the BJP “grossly” failed to fulfill most of the promises referred to in its “promise sheet”. One of the more concrete examples referred to in the plaint is the assertion that the BJP would double the amount of power generated in the State from 5,000 MW to 10,000 MW. However, as per the plaint, in the last five years the power capacity was raised to 6,500 MW. The plaint also states that since 2008, the Chairman of the Karnataka Power Corporation Ltd has been the Chief Minister, and hence.“had only the promise of power generation invited the serious attention of the BJP, with no less than the Chief Ministers themselves positioned as the Chairmen to the Karnataka Power Corporation Limited, the BJP would have certainly made greater progress in the matter of power generation.”.The plaintiffs’ further aver that the BJP deliberately made the sole purpose of these promises was to induce people to vote for the BJP candidate. Furthermore, these promises constitute fraudulent misrepresentation because,.“a) false promises were knowingly, intentionally and deliberately made by the BJP to the voters;b) the false promises were made with a full knowledge and expectation that the voters would place reliance upon such promises;c) the false promises were made with further awareness of the intense competition that the BJP party had faced from its rivals who would also make their own election promises;d) the false promises were made with a view to induce voters to rely upon the same as made with a honest intention to believe that the promises would be performed if the party was voted to power;e) the false promises did induce the voters who lacked the means to discover the fraudulent intent of the BJP political party;.Based on these facts, the plaintiffs’ have demanded relief either on the basis of breach of contract, or the tort of fraudulent misrepresentation. The plaint also states that,.“There is no sound rule under our law of contract or under the common law to treat election promises differently than other promises made in the world of business or commerce. It is imperative for our existing common law to recognise that the remedy to the voters who were defrauded through means of false election promises cannot be limited to venting of their dissatisfaction in subsequent elections.”.The reliefs sought in the suit include a declaration that,.“Such of those promises as are specified by the plaintiffs, amongst the promises contained in the promise sheet …. promoted and disseminated by the …Bharatiya Janata Party and its agents for the purpose of inducing the voters in the elections to the 13th Legislative Assembly of Karnataka … to thereby vote for the candidates set-up by the BJP political party, constituted legally enforceable promises and were subsumed into a contract upon the casting of votes in its favour by those voters who materially relied upon such representation …; ANDii. the breach of the aforesaid promises …. is a breach of the contractual rights and expectations of the plaintiffs and all other members of the class represented by the plaintiffs….; ANDiii. By reason of the breach as aforesaid by the BJP political party, the plaintiffs and other members of the class represented by the plaintiffs have sustained economic injury that is proximately and directly attributable to the breach by the BJP as a foresaid;To award to the plaintiffs and other members of the class represented by the plaintiffs, compensatory damages in such sum, as represents, in the opinion and estimate of this Hon’ble Court, a fair quantum of money to remedy the breach by the BJP political party of its contractual promises as aforesaid and to thereby render whole, the injured plaintiffs”.The plaintiffs were represented by Advocate KV Dhananjay. On May 4, 2013 the Judge Shiva Shankar Annanawar issued summons to the Respondents, placing the matter for further hearing on June 28, 2013..Image taken from BJP website