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2019 Supreme(Mad) 667
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, SUBRAMONIUM PRASAD, JJ.
K.K. Ramesh – Appellant
Versus
The Chief Election Commissioner, Election Commission of India, New Delhi & Others – Respondent
W.P. (MD) No. 8742 of 2019
Decided on : 15-04-2019
Advocate Appeared:
For the Petitioner:N. Purushothaman, Advocate.
For the Respondents: Niranjan Rajagopalan, Standing Counsel.
The influence of money on the electoral process and the need for legislative measures to address election irregularities and cash for vote.
Headnote:
Cash for Vote - Election Irregularities - Representation of Peoples Act, 1950, Section 80 - Income Tax Act, 1961, Section 139(4B) - Election Commission Guidelines on Transparency and Accountability in Party Funds and Election Expenditure - Supreme Court observations on the influence of money on the electoral process
Fact of the Case:
Mr.K.K.Ramesh filed a writ petition to cancel or postpone the 32 Madurai Parliamentary Constituency Election due to alleged cash for vote and election irregularities by AIADMK and DMK. The Election Commission took action on some allegations but not on others.
Finding of the Court:
The court dismissed the writ petition, citing previous similar allegations and the steps taken by the Election Commission as reasons for the dismissal.
Issues: Alleged cash for vote, election irregularities, and false account statements by political parties.
Ratio Decidendi: Mandamus to cancel or postpone the election cannot be granted based on the steps taken by the Election Commission and previous similar allegations.
Final Decision: Writ petition is dismissed with no costs.
S. Manikumar, J.
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a Writ of Mandamus, directing respondents 2 and 3 to cancel or postpone the 32 Madurai Parliamentary Constituency Election to be held on 18.04.2019 due to heavy supplying of cash for vote and crores and crores of money spend by AIADMK and DMK by preparing false account statement produced before the Election Commission.)
Mr.K.K.Ramesh, an independent candidate for 32 Madurai Parliamentary Constituency, Madurai, has filed the instant writ petition for a writ of mandamus, directing the Chief Election Officer (CEO), Tamil Nadu, Chennai and the Returning Officer, 32 Madurai Parliamentary Constituency and District Collector, Madurai, respondents 2 and 3 respectively, to cancel or postpone the 32 Madurai Parliamentary Constituency Election to be held on 18.04.2019 due to heavy supplying of cash for vote and crores and crores of money spend by AIADMK and DMK, by preparing false account statements produced before the Election Commission.
2. Reasons cited in the supporting affidavit at paragraph Nos.14 to 16 are as hereunder
“14. I further submit that an unregister Letter Pad Party namely “SOURASHTRA MUNNETTRA KZHAGAM” and AIADMK party has jointly conducted a political meeting on 31.03.2019 at 4.00 pm, at Tamilnadu, Madurai, Teppakulam, Sourashtra club people are brought up to the venue by transportation like share auto, mini bus, Government bus, goods vehicle. I came to know about this and visited there. I have seen people receiving Rs.500/-, food token, sweets, snacks and coffee to participating in the dais. I gave complaint to the Election Commission Rom in Madurai collector Office. After that I heard some people are waiting with token for bus, share Auto and goods vehicle arranged by political party at Ramanathapuram Road, Narasimma Puram Street. So, I gave complaint through mobile to election commission flying squad. Flying squad rushed and captures the incidents with video camera.
15. I further submit that 4000 people were gathered at Sourashtra club by Government bus, mini bus, share auto and goods vehicle by giving bribe of Rs.500/- to people for showing the mighty and strength which is completely violation of rules of Election Commission of India. The election commission strictly mentioned that only Rs.10,000/- is allowed to be use by cash more than that amount should be transfer only by Bank transaction AIADMK use cash more than Rs.10 Lakhs for the yesterday (31.03.2019) dais at Sourashtra club. Election commission and flying squad did not take any action against them which let the whole election commission system failure.
16. I further submit that on 07.04.2019 AIADMK conducted a political meeting near Pandi Kovil, Madurai Ring Road. Many people brought up to that venue by goods vehicle and each people collection token to get cash for vote of Rs.500/- to Rs.2000/- ADMK party using money as cash more than 12 lakhs. Which is violation of Election Commission Rules. Election Commission permit a political party and political candidate use Rs.10,000/- by cash more than that should be transferred only by Bank.
3. Reliance has also been made to a decision of the Delhi High Court in ITA No.145 of 2001 dated 23.03.2016 between Commissioner of Income Tax Delhi-XI and Indian National Congress (I)/All India Congress Committee and the relevant portion of the judgment is reproduced.
1.1 More than four decades ago, while noting the distortion that large contributions of money made to political parties and candidates could bring about to the electoral process, the Supreme Court observed in Kanwar Lal Gupta v. Amar Nath Chawla, (1975) 3 SCC 646 (at p. 654) as under:
“The availability of disproportionately larger resources is also likely to lend itself to misuse or abuse for securing to the political party or individual possessed of such resources, undue advantage over other political parties or individuals. Douglas points out in his bo
