PIL In Allahabad HC Against ECI For 'Inaction' On Congress' 'Ghar Ghar Guarantee' Scheme Launched Ahead Of 2024 LS Polls

A Public Interest Litigation (PIL) plea has been filed in the Allahabad High Court against the Election Commission of India (ECI) over its alleged inaction to act against the Indian National Congress (INC) for launching its much debated 'Ghar Ghar Guarantee' scheme/campaign [colloquially also referred to as the 'Khatakhat Scheme'] ahead of the 2024 Lok Sabha Elections.Congress president Mallikarjun Kharge launched the siad initiative in New Delhi on April 3, with the aim of " reaching out to eight crore households across the country and making them aware of its guarantees." Under the said initiative, the party distributed 'guarantee cards' to several households promising Rs 1 lakh yearly to the woman head of every poor family. The PIL plea, filed by one Bharti Devi of Fatehpur through Advocates OP Singh and Shashwat Anand, states that the said scheme of the INC was an unethical and illegal attempt to secure votes through monetary incentives. The PIL plea further states that the launch of the said scheme was also a direct violation of established electoral laws and norms. Despite this, the Election Commission of India did not take any action to restrain the party from publicising the scheme. The PIL plea argues that Congress' 'Ghar Ghar Guarantee' scheme, which involves the distribution of guarantee cards promising various financial and material benefits in exchange for votes, amounts to bribery under Section 123(1)(A) of the Representation of the People Act, 1951, and is punishable under Sections 171B and 171E of the Indian Penal Code, 1860. The PIL plea adds that despite the ECI's advisory issued on May 2, 2024, warning political parties against such practices, INC continued to distribute these cards, compromising the fairness of the electoral process, and the ECI stood as a mute spectator.The PIL petition states that despite possessing all the necessary powers to quell such 'unlawful acts' by taking appropriate disciplinary and penal actions, the Election Commission (respondent no. 2) simply 'acted as a mute spectator', while the INC, 'brazenly' kept flouting the Commission's lawful directions and instructions, the Advisory dt. 20/05/2024, Model Code of Conduct and the electoral norms. The PIL petition has further stated that she filed a complaint/representation on June 26 before the ECI to take action against the INC and its candidates. However, no action was taken. Against this backdrop, the PIL plea seeks directions from the court to compel the ECI to suspend or withdraw the INC's recognition as a political party under Section 16A of the Election Symbols (Reservation and Allotment) Order, 1968. The PIL plea also calls for the disqualification of 99 INC Members of Parliament, claiming they benefited from the party's corrupt practices under Section 100(1)(b) of the Representation of the People Act, 1951. The PIL plea also seeks a direction from the ECI to restrain the INC and its elected MPs from participating in Parliament's proceedings during the pendency of the writ petition.

PIL In Allahabad HC Against ECI For 'Inaction' On Congress' 'Ghar Ghar Guarantee' Scheme Launched Ahead Of 2024 LS Polls

Sparsh Upadhyay

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