Kingshuk Nag, vs The Chief Election Commissioner,
2022 Latest Caselaw 1191 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

           TAKEN UP WRIT PETITION (PIL) No.293 OF 2014


ORDER:     (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



      The present public interest litigation has been registered

based upon letter dated 13.11.2014 of a Journalist alleging

corrupt practices in respect of elections in the undivided State

of Andhra Pradesh.

      The petitioner has shown grave concern in respect of the

corrupt practices and this Court has issued notice to the

Election Commission of India as well as Union of India.

      A detailed and exhaustive counter affidavit has been filed

by   the     Election        Commission           of    India          (for   short,   "the

Commission") and it has been stated that on 04.10.2010, the

Commission has held meeting with all recognized political

parties and discussed the issue relating to money power and

comprehensive           instructions          have       been          issued     by   the

Commission to check illegal transportation of cash and other

malpractices. It has been stated that the instructions issued by

the Commission dated 30.11.2012 were challenged before the

Madras High Court and the Madras High Court has upheld the
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Executive Instructions issued by the Commission and in respect

of a petition, which was preferred before Gujarat High Court,

the matter was travelled to the Hon'ble Supreme Court vide

SLP.No. C.C. 20906 of 2012 and the Hon'ble Supreme Court

has delivered judgment dated 30.11.2012 and the Commission

has issued revised guidelines on the subject.        It has been

further stated that the Commission has taken all possible steps

to keep vigil over the movement of cash linked with candidates

or political parties or items of bribe meant for inducement of

electors, liquor and other illicit items during elections and their

seizure, Media Certification and Monitoring Committee was set

up to keep a watch on media advertisements and suspected

cases of paid news and observers were appointed by the

Commission.     It has been further stated that there are six

national recognized political parties, 51 State recognized

political parties and 1737 un-recognized political parties as on

13.01.2015

and the Commission has issued instructions to the

candidates and political parties to avoid cash transactions

during election process and ceiling has also been fixed in the

matter. The Commission in exercise of powers conferred under

the Representation of People Act, 1951, has issued compendium

of instructions on election expenditure monitoring and there is a

robot mechanism in place. It has also been stated that the

Commission has issued executive instructions to ensure

transparency in the process of election.

This Court, keeping in view the detailed and exhaustive

affidavit filed by the Election Commission of India, is of the

opinion that no further orders are required to be passed in the

present public interest litigation.

Accordingly, the public interest litigation is disposed of.

However, the Election Commission of India and the Union of

India shall ensure strict compliance of the statutory provisions

as contained in the Representation of People Act, 1951, as well

as the executive instructions issued from time to time.

Miscellaneous applications pending, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J 16.03.2022 ES