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The lawyer who has legally fought against the freebies by political parties and became a reason to bring in guideline by the Election Commission of India against freebies has now sent a contempt notice to the top Election Commission officials alleging contempt of a judgement of Supreme Court of India.
S Subramaniam Balaji, an advocate from Chennai, in his contempt notice sought the authorities to officially cancel the election and take action against the political parties in Tamil Nadu which has offered freebies in their manifest for the upcoming Legislative Assembly election scheduled on May 16.
"I have filed complaint with the Election Commission against the manifestos of the political parties in Tamil Nadu offering freebies through the ECI website's option for citizens complaint. The website assured reply to in two days, but it has already been five days, there is no reply," said Balaji. He also complained through WhatsApp and email, but did not get any reply so far, he added.
Balaji filed a petition against Dravida Munnetra Kazhagam's (DMK) offer of free colour television in 2006 elections and against the free laptop, fan, mixer-grinder, and other offers of All India Anna Dravida Munnetra Kazhagam (AIADMK) in 2011. The Supreme Court of India on July 5, 2013 directed the Election Commission to frame guidelines with regard to the contents of election manifestos in consultation with all the recognised political parties.
According to the contempt notice by Balaji, the Supreme Court in its order observed, "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 of India had also therefore called an all party meeting and framed guidelines which have been clearly mandated in the "Model code of Conduct" for the guidance of political parties and candidates, which is widely circulated not as a show piece but to be followed in spirit and practice," says Balaji in his contempt notice.
According to the guideline, the election manifesto shall not contain anything repugnant to the ideals and principles enshrined in the Constitution and further that it shall be consistent with the letter and spirit of other provisions of Model Code of Conduct.
"The Directive Principles of State Policy enshrined in the Constitution enjoin upon the State to frame various welfare measures for the citizens and therefore there can be no objection to the promise of such welfare measures in election manifestos. However, political parties should avoid making those promises which are likely to vitiate the purity of the election process or exert undue influence on the voters in exercising their franchise," said the guideline. In the interest of transparency, level playing field and credibility of promises, it is expected that manifestos also reflect the rationale for the promises and broadly indicate the ways and means to meet the financial requirements for it. Trust of voters should be sought only on those promises which are possible to be fulfilled, it added.
None of the political parties gave rationale for the promises they have made in their manifestos and has not indicated the ways and means to meet the financial requirements for it. DMK, in its manifesto, promised free smart phones for the poor and laptop and free internet for the students among others, while AIADMK promised free mobile phones for ration card holders and free laptop and free internet for the students, among others.
By not acting upon the complaint points out to the failure to initiate appropriate action against the violators of the law laid down by the Supreme Court, the Election Commission acted in contempt of the court of the Supreme Court of India and also abdicated from the duty and responsibilities as mandated by the Constitution of India.
"I, therefore, give you this Notice of Contempt to rectify your omissions and commissions within 5 PM on 12-5-2016 and take appropriate action on the ridiculous freebie promises and countermand the elections which is neither free nor fair but completely vitiated in favour of the freebie offers and loaded against other parties and independent candidates and insulting the people of Tamil Nadu, failing which your actions would be construed to be an affirmation of the contempt you have exhibited till now for the law laid down by the Honourable Supreme Court of India, and I would be constrained to move the Honourable Supreme Court of India to punish you for the same," said a letter Balaji wrote to the Election Commissioners and Chief Election Officer of Tamil Nadu.
