SC seeks EC response on plea asking parties to disclose rules, donations
The Supreme Court has sought the Election Commission of India’s (ECI) response on a plea seeking directions to hold political parties accountable by ensuring they comply with the law that mandates them to disclose documents of their establishment, governing rules and regulations, and contributions received
The Supreme Court has sought the Election Commission of India’s (ECI) response on a plea seeking directions to hold political parties accountable by ensuring they comply with the law that mandates them to disclose documents of their establishment, governing rules and regulations, and contributions received.
A bench headed by justice Surya Kant issued a notice to ECI on Monday on an application filed by Bharatiya Janata Party (BJP) leader and lawyer Ashwini Kumar Upadhyay.
“We have impressed upon additional solicitor general (ASG) KM Nataraj to seek instructions from the Election Commission of India with respect to the issues/prayers raised or made by the petitioner in the above application,” the bench, also comprising justices Ujjal Bhuyan and Joymalya Bagchi, said. The matter will be heard next on January 9.
Upadhyay had moved the application in his pending petition, seeking regulation in the backdrop of recent instances of political parties being found to be used for laundering money.
Upadhyay, who argued the application, said the Representation of the People Act, 1951 under Section 29A, 29B and 29C lays down certain obligations to political parties to disclose their memorandum, rules and regulations at the time of registration. Section 29C deals with disclosure about contributions received by political parties.
The application sought directions to ECI to ensure these rules are followed in letter and spirit and bear true faith and allegiance to the Constitution, as required under the 1951 law. The application stated that political parties hold a significant place in the democratic process of the country as they give tickets to candidates, people vote on party symbols, they decide actions of elected representatives in Parliament and assemblies, and they get exemption under the Income Tax Act. “Thus, the political parties are important instrumentalities of the democratic governance and function like a public authority,” Upadhyay said.
Section 29A(6) states that “the Commission may call for such other particulars as it may deem fit from the association or body.” The plea sought disclosure of the rules, regulations and memorandum of political parties on its official website.
In the same section, sub-section 9 provides that any change in name, head office, office-bearers, address or any other material matters shall be communicated to the ECI without delay.”It is duty of the ECI to de-register shell political parties and debar the convicted person from forming political party and becoming office bearer of registered political party,” Upadhyay said.
The pending petition by Upadhyay which is already being considered by the top court had raised concern over “bogus” political parties posing a serious threat to the country by using them to funnel in cash for criminal activities. He cited recent raids by Income Tax authorities in July and August on political parties “Indian Social Party”, “Yuva Bharat Atma Nirbhar Dal” and “National Sarva Samaj Party” which were used to introduce black money into the regular financial stream.
