August 27, 2018
Today, the Supreme Court dismissed a plea that sought a minimum punishment of 2 years for electoral offences, including bribery, false statement, undue influence, by candidates & political parties.
A bench of Chief Justice of India Dipak Misra refused to entertain a PIL filed by adv. Ashwini Kumar Upadhyay that sought to make electoral offences cognisable.
"Heard and dismissed," said the bench also comprising Justice A M Khanwilkar & Justice D Y Chandrachud.
In his plea, Adv. Upadhyay had alleged that since 2000, apart from general & state assembly elections, bribes were also given to garner support for particular political parties & candidates in by-polls.
"The change in law has become necessary as there have been increasing incidents of bribery being detected in all elections, from local body polls to Lok Sabha elections.
"This is because, currently, bribery is a non-cognisable offence attracting only minimal punishment," the Petition said.
Upadhyay, had also stated in his plea that in 2012, the Election Commission of India had recommended to the Home Ministry to amend the existing law to make bribery during elections (both in cash & in kind) a cognisable offence, enabling Police to arrest violators without a warrant & to enhance the punishment up to 2 years.
He said that the Home Ministry has conveyed to the poll panel that it has initiated the process to amend Section 171B & Section 171E of the Indian Penal Code(IPC) for the same.
However, the govt. hasn't done anything in this regard till date, the petitioner claimed.
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