Is Nyay Scheme a bribe? Allahabad High Court issues notice to Congress Party in plea to debar Congress candidates

In a major development, the Allahabad High Court has issued notice to the Election Commission of India (ECI) and Indian National Congress Party, in a petition alleging that the NYAY scheme proposed by the Congress Party is in violation of the Representation of People Act, 1951 and Model Code of Conduct..The notice was issued by a Bench of Justices Sudhir Agarwal and Rajendra Kumar..It has been contended that the NYAY scheme, which promises a minimum annual income of Rs. 72,000, amounts to a bribe to voters to vote for Congress Party..The petitioner has submitted that under Section 100 of Representation of People Act, one of the grounds for rendering election liable to be set aside is that result of the election of returned candidate has been materially affected by any corrupt practice. The corrupt practice could be committed in the interest of returned candidate or by the returned candidate or by election agent or any other person with the consent of the returned candidate or his Election Agent..What constitutes “Corrupt Practice”, has been enumerated in Section 123 of the RP Act. It includes “bribery”, that is to say, any gift, offer or promise of a candidate or his agent or by any other person with the consent of candidate, his Election Agent or any gratification to any person whomsoever with the object, directly or indirectly, inducing an Elector to vote or as a reward to elector having voted..It also includes the receipt of or agreement to receive any gratification whether as a motive or a reward by a person, whomsoever, for himself or any other person, for voting or refraining from voting or inducing or attempting to induce any elector to vote..In explanation to Section 123, it is said that “gratification” is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for the reward..In the present case, it has been contended that promise to pay Rs. 72,000/per annum is nothing but a bribe to the voters inducing to vote for candidates of Congress party. The candidates are taking advantage of said declaration and canvassing for votes..The petitioner has also placed reliance on clause 4 under the heading of General Conduct in the Model Code of Conduct published by Election Commission of India..Further, under the heading “Guidelines on Election Manifestos”, the Election Commission after referring to the Supreme Court judgment in S Subramanium Balaji Vs. State of Tamil Nadu [(2013) 9 SCC 659], stated that after considering the matter with Political Parties in the light of directions given by Supreme Court, Political Parties and Candidates while releasing Election Manifestos for any election to Parliament or State Legislatures, shall adhere to the following guidelines :.“(i) The election manifesto shall not contain anything repugnant to the ideals and principles shall be consistent with the letter and spirit of other provisions of Model Code of Conduct.”.The petitioner brought these facts to the notice of ECI by way of representation but it has not taken any action. It has continued to allow Congress party to take advantage of scheme constituting “corrupt practice” which vitiates the very concept of a fair election, the petitioner contends..The petitioner has prayed that an order be passed deleting the minimum income guarantee from the Congress manifesto. It has also been prayed that candidates of Congress party taking advantage of the scheme for contesting Lok Sabha elections be debarred..The Court issued notice to the Election Commission and the Congress Party..Advocate BN Singh who was appearing for Election Commission has been asked to explain the following aspects in the counter affidavit:.(i) If an Election Manifesto contains some promises which may satisfy the definition of “corrupt practice” as defined under Section 123 for example, in the present case, bribery to voters, can immediate action be not taken by ECI prohibiting canvasing of such conditions by such Party and/or declaring Party itself or the Party’s candidate taking advantage of such election manifesto, disqualified for election..(ii) If such promises, as noticed above, are made by any Political Party or candidate in an Election Manifesto, is there any other method or suggestion available with ECI to prohibit and prevent such political Party or candidates from taking advantage by publishing such an Election Manifesto containing promises or representations which violate MCC and provisions of RP Act, 1951, as noticed above..Read the order below..Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.