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“ For democracy to survive, it is essential that the best available men should be chosen as people’s representatives for proper governance of the country. This can be best achieved through men of high moral and ethical values, who win the elections on a positive vote.” (Supreme Court of India in PUCL Vs Union of India(NOTA Case)
- The Petitioner herein is a contestant from Eluru Parliament Constituency in Andhra Pradesh on behalf of Janasena Party in 2019 General elections.
- Petitioner witnessed the ground situation in regard to misuse of public money to bribe the voters in the name of following schemes in Andhra Pradesh on the eve of General Elections: i. Pasupu Kumkuma scheme: Under this scheme Andhra Pradesh government distributed Rs. 10,00 0 cash per women in 3 installments between February, 2019 to 5th April, 2019. Last installment of the scheme i.e., Rs. 4000 was withdrawn from banks by the government officials and handed over to women across the State five days prior to the polling. ii. Annadata Sukhibhava: This is a scheme for farmers. Under this scheme Rs. 5000 each for 50.16 lakhs
farmers was transferred on 9th^ April, 2019 by way of Direct Cash Transfer two days prior to the polling. iii. NTR Bharosa, under this scheme old age pension and widow pension increased from Rs. 1000 to Rs. 2000 on 11.1.2019. This has come into implementation from February, 2019. iv. Mukhya Mantri Yuva Nestam, a scheme to transfer cash to un employed youth has been increased from Rs. 1000 to Rs. 2000 for about 10 lakhs people on the eve of elections.
- This Hon’ble Court while dealing with bribery of voters and corrupt practices by the political parties before elections in S. Subramaniam Balaji Vs State of Tamilnadu & Ors (2013) 9 SCC 659 by Election Commission of India and Union of India held as under: “ 85 ) Although, the law is obvious that the promises in the election manifesto cannot be construed as corrupt practice under Section 123 of RP Act, the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people. It shakes the root of free and fair elections to a large degree. The Election Commission through its counsel also conveyed the same feeling both in the affidavit and in the argument that the promise of such freebies at government cost disturbs the
the similar way, a separate head for guidelines for election manifesto released by a political party can also be included in the Model Code of Conduct for the Guidance of Political Parties & Candidates. We are mindful of the fact that generally political parties release their election manifesto before the announcement of election date, in that scenario, strictly speaking, the Election Commission will not have the authority to regulate any act which is done before the announcement of the date. Nevertheless, an exception can be made in this regard as the purpose of election manifesto is directly associated with the election process. 88 ) We hereby direct the Election Commission to take up this task as early as possible owing to its utmost importance. We also record the need for a separate legislation to be passed by the legislature in this regard for governing the political parties in our democratic society.”
- Since the Election Commission of India and Union of India failed to implement the above directions of this Hon’ble Court, parties in power at Center and States have distributed Direct Cash to women, farmers, students which has adversely affected ‘Right of Equal Participation of each Citizen in Polity’.
- Genesis of the Direct cash transfer before the elections has began in the State of Telangana in the year 2018. The Party in power has introduced a scheme namely ‘Rythu Bandhu’. The English translation is ‘Relative of Farmer’. Under this scheme Rs. 4000+4000 per acre Directly Cash Transferred to farmers as input subsidy for agriculture. If a farmer owns 10 acres, Rs. 80,000/-, and owns 20 acres then Rs.1,60,000 cash transferred to his or her account. This scheme was well received by suffering farmers who are the large number of voters in Telangana State.
- After implementing the first phase of the scheme, State Assembly was dissolved to take advantage of positive wave. During the election process and few days before the polling day, second round installment of Rs. 4000 per acre transferred directly to the accounts of farmers. Though the opposition parties opposed the direct cash transfer to voters during the election process, Election Commission of India allowed the scheme. With the help of this scheme, party in power in Telangana has won elections with thumping majority. The success of the ruling party in Telangana motivated other parties in power in Union of India, West Bengal, Odisha and Andhra Pradesh to introduce similar direct cash transfer schemes before the elections to get electoral advantage over the opposition parties with the public money. This is the gross
- State Government and UT Administration will identify the farmer families which are eligible for support as per scheme guidelines.
- The fund will be directly transferred to the bank accounts of the beneficiaries.
- The first instalment for the period 1.12.2018 to 31.03.2019 is to be provided in this financial year itself.
- It is clear from above that Rs. 2000 cash transferred to farmers account after declaration of Election Model Code and further Rs. 2000 proposed to transfer in the month of April. But the Election Commission of India has not taken any action on this new scheme because this scheme was launched before the announcement of election schedule hence the Model Code of Conduct does not apply. Andhra Pradesh transferred Rs. 10,000 to 94 lakhs women:
- Due to lack of guidelines by Election Commission of India, State of Andhra Pradesh has transferred Rs. 9400 Crores of Rs. 10,000 each to 94 lakhs women self help group members in the name of Pasupu Kumkuma scheme. The Direct Cash Transfer took place as per the following schedule: No. Installment Amount Date 1 First installment 2,500 1 .2. 2 Second installment 3,500 8.3. 3 Third installment 4,000 5.4. Total amount paid 10,000/- per woman Polling date is on
11.4.2019 in Andhra Pradesh
- The second installment transferred two days prior to announcement of elections and third installment was transferred six days before the polling in Andhra Pradesh.
- Besides this on the eve of elections, the State of Andhra has increased Old age Pension from Rs. 1000 to Rs. 2000. This has impacted on 54 lakhs pension holders/voters.
- That the Petitioner herein who has contested for Eluru Loksabha Constituency believes that the implementation of the above Direct Cash Transfer schemes come under electoral bribes as they were implemented during the election process without budgetary allocations as per the Constitutional mandate.
- Petitioner made complaint to the Election Commission of India on the issue but it has not even respondent to the complaint of the Petitioner.
- It is submitted that State of Jarkhand, Odisha and West Bengal also initiated similar cash transfer schemes before the General elections.
deposited on 5th^ of April, 2019 which is six days prior to the polling date. April, 2019 Several public spirited persons, organizations made complaints to Election Commission of India to take action on distribution of government money in the name of Pasupu Kumkuma on the eve of elections. Some of them have filed petitions before High Courts of Andhra Pradesh and Delhi. But Election Commission of India allowed the disbursement of cash by way of Direct Cash benefit to 94 lakhs women voters. 11.4.2019 Polling held in Andhra Pradesh including the constituency of the Petitioner. Large number of women voters more than men participated in voting. Several ministers of ruling party claimed that 94 lakhs women voted in their favor. 12 .4.2019 Petitioner made complaint to Election Commission of India on the implementation of Direct cash transfer scheme by Andhra Pradesh government during the election process to advantage the ruling party and sought action. Election Commission did not respond to the complaint. 6.5.2019 Hence, this Writ Petition is filed before this Hon’ble court in the interest of justice.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
PUBLIC INTEREST LITIGATION
WRIT PETITION (CIVIL) NO. OF 2019
IN THE MATTER OF:
Dr. PENTAPATI PULLA RAO …Petitioner VERSUS
Election Commission of India Rep. by its Director General Nirvachan Sadan, New Delhi- 1
Union of India Rep. by its Secretary Ministry of Law & Justice Sastry Bhavan, New Delhi
State of Andhra Pradesh Rep. by its Chief Secretary Interim Government Complex Velagapudi, Amaravati Andhra Pradesh- 522503
State of West Bengal Rep. by its Chief Secretary Secretariat, Kolkata- 700001
State of Telangana Rep. by its Chief Secretary Secretariat, Saifabad Hyderabad, Telangana
guidelines in regard to Freebees by political parties and apply the order dated 30.3.2011 in Election Commission of India Vs Rajaji Mathew Thomas & Ors, SLP (C) No. 8891 of 2011 passed by this Hon’ble Court in the implementation of new schemes/Direct Cash Transfer schemes by the Respondents. Cause of Action and Nature of Injury: a) Due to non implementation of the judgment/orders of this Hon’ble Court, parties in power have been indulging distribution of cash from government exchequer by way of Direct Cash Transfer to influence the voters. The Direct Cash Transfer schemes implementation on the eve of election and even after announcement of election has resulted to influence the voters which has violated the equal opportunity to participate in the process of election guaranteed under the Article 14 and 21 of the Constitution of the India. Besides that huge public money has been spent from government exchequer for disbursement to voters and for publicizing the introduction of schemes on the eve of elections with a motive to get electoral advantage over the opponent parties without considering the impact on financial condition of the State budget. The implementation of new Direct Benefit Transfer (in short DBT) schemes on the eve of elections have stopped the release of funds for salaries to the contract employees and various other essential expenditure in Andhra Pradesh which is against the Article 21 of Constitution of India.
Particulars of the Petitioner a. That the Petitioner is a Citizen of India and Public spirited person. Petitioner is an Economist and conducted research in Economics in Madras University, Jawaharlal Nehru University, New Delhi and Chicago University in United States. Being a person conducted research in economics noticed the mal practice, bribery committed by the Respondents in the name of Direct Cash Transfer schemes. Petitioner contested in the General Elections of 2019 from Eluru Parliament Constituency on behalf of Janasena Party. His address is b. Petitioner made representation to election Commission of India but it has not respondent to the complaint and took any action. True copy of the representation made to Election Commission of India dated 13.4.2019 by the Petitioner is annexed as ANNEXURE P- 1 (Pg_________). Though the Petitioner made representation to the authorities, there is no action on the representation. Hence the Petitioner is approaching this Hon’ble Court by way of this Public Interest Writ Petition.
legislature to legislate on a particular issue. However, the Election Commission, in order to ensure level playing field between the contesting parties and candidates in elections and also in order to see that the purity of the election process does not get vitiated, as in past been issuing instructions under the Model Code of Conduct. The fountainhead of the powers under which the commission issues these orders is Article 324 of the Constitution, which mandates the commission to hold free and fair elections. It is equally imperative to acknowledge that the Election Commission cannot issue such orders if the subject matter of the order of commission is covered by a legislative measure. 87 ) Therefore, considering that there is no enactment that directly governs the contents of the election manifesto, we hereby direct the Election Commission to frame guidelines for the same in consultation with all the recognized political parties as when it had acted while framing guidelines for general conduct of the candidates, meetings, processions, polling day, party in power etc. In the similar way, a separate head for guidelines for election manifesto released by a political party can also be included in the Model Code of Conduct for the Guidance of Political Parties & Candidates. We are mindful of the fact that generally political parties release
their election manifesto before the announcement of election date, in that scenario, strictly speaking, the Election Commission will not have the authority to regulate any act which is done before the announcement of the date. Nevertheless, an exception can be made in this regard as the purpose of election manifesto is directly associated with the election process. 88 ) We hereby direct the Election Commission to take up this task as early as possible owing to its utmost importance. We also record the need for a separate legislation to be passed by the legislature in this regard for governing the political parties in our democratic society.” True copy of the relevant extracts of the order in S. Subramaniam Balaji Vs State of Tamilnadu & Ors (2013) 9 SCC 659 passed by this Hon’ble Court is annexed as ANNEXURE P- 2 (Pg_________). ii. This Hon’ble Court in Election Commission of India Vs Rajaji Mathew Thomas & Ors in SLP (C )No. 8891 of 2011 passed an interim order dated 30.3.2011 that “what was intended by the Model Code of Conduct was that no action should be taken by a party in power in close proximity to the date on which the elections are announced so as to derive any benefit therefrom during the elections or to disturb the level playing field for all
Genesis of Freebies by party in power: v. Genesis of the Direct cash transfer before the elections has began in the State of Telangana in the year 2018. The Party in power has introduced a scheme namely ‘Rythu Bandhu’. The English translation is ‘Relative of Farmer’. Under this scheme Rs. 4000+4000 per acre Directly Cash Transferred to farmers as input subsidy for agriculture. If a farmer owns 10 acres, Rs. 80,000/-, and owns 20 acres then Rs.1,60,000 cash transferred to his or her account. This scheme was well received by suffering farmers who are the large number of voters in Telangana State. vi. After implementing the first phase of the scheme, State Assembly was dissolved to take advantage of positive wave. A Public Interest Litigation WP(PIL) No. 281 of 2018 was filed by an Advocate before the High Court of Hyderabad praying to restrain the State from distributing the money to farmers before the elections. But it was dismissed. True copy of the order passed by the Hon’ble High Court of Hyderabad in WP(PIL) No. 281 of 2018 dated 26.9.2018 on Rytu Bhandhu Scheme is annexed as ANNEXURE P- 5 (Pg_________ ). vii. It is submitted that during the election process second installment of Rs. 4000 per acre transferred directly to the accounts of farmers by Telangana government during the election process/one or two day before polling. Though the
opposition parties opposed the direct cash transfer to voters during the election process, Election Commission of India allowed the scheme stating it is an ongoing scheme. With the help of this scheme, party in power in Telangana has won elections with thumping majority. The success of the ruling party in Telangana motivated other parties in power in Union of India, Jharkhand, West Bengal, Odisha and Andhra Pradesh to introduce similar Direct Cash Transfer(DBT) schemes for farmers before the elections to get electoral advantage over the opposition parties with the public money. This is the gross violation of Article 14 and 21 of the Constitution of India which denies the equal participation for all the citizens in Polity. viii. PM Kisan Samman Nidhi Scheme to transfer Rs. 6000: That Union of India initiated a huge money distribution scheme namely PM Kisan Samman Nidhi Scheme by way of Direct Benefit (Cash) Transfer (DBT). This scheme proposed to transfer Rs. 6000 to 12.50 Crores farmers. To implement this scheme Rs. 20,000 Crores allocated in 2018-19 budget in the month of December, 2018 much later than the actual budget presentation. Further Rs. 75,000 Crores allocated in 2019- 20 interim budget which is supposed to be an interim arrangement. As per the official website pmkisan.nic.in, the objects of the scheme was stated as under:
