Chennai: The Madras high court has dismissed a Public Interest Litigation, which sought a direction to the Election Commission of India, to take necessary action against AIADMK party for giving promises in its election manifesto in violation of Model Code of Conduct and guidelines framed there in for election manifesto’s.
A division bench comprising Justices S.Manikumar and Subramonium Prasad dismissed the PIL filed by V.P. Ammavasai of Theni District.
When the case came up for hearing on Thursday, Niranjan Rajagopal counsel for Election Commission of India submitted that Clause 18 (4) of the Model Code of Conduct says that there is no provision in law which makes promises made by the political parties in the manifesto enforceable against them. He further submitted that the non-performance of any promise by such political party or candidates would not be enforceable in law.
Recording the same, the bench while referring to Clause 18 (4) of the Model Code of Conduct and a decision of the Supreme Court, said the decision of the Supreme Court was squarely applicable to the facts of this case. In such circumstances the authorities, to whom representations have been sent, are not mandated to consider the representation, the bench added.
According to petitioner, O. Panneerselvam, being the organiser of AIADMK party has issued the election manifesto on February 19 and announced a new scheme that they are going to pay a sum of `1,500 to the persons who are under the poverty line, destitute women and widows and to the unearned poor peoples through their bank account. This announcement was contrary to the public policy and practically it is impossible to implement the scheme. There is no scope for implementing the scheme since the financial position of the state government is not good, he added.
He said the ECI has given various guidelines to the political parties wherein one of the guideline/ restriction was about the announcement of freebies. Pursuant to the order of the Supreme Court, the ECI has issued the guidelines and the same has been incorporated in the Model Code of Conduct and it clearly stated that the election manifesto should not contain anything repugnant to the ideals and principles enshrined in the Constitution. It further states that it shall be consistent with the letter and spirit of other provisions of Model Code, he added.
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