Contentious Election Corruption
By Asif Iqbal
Many bills have been presented in the parliament few years to provide growth in the livelihood of many individuals. However, the certain bills received severe criticism and protest from the civil society such as Transgender Protection Bill or Goods Services Taxes and others. Presently, the party which had received a majority in the preceding franchise will have to struggle and defend it, in the upcoming general election of 2019. Just like the motto of House Stark, one of the greatest houses of Westeros where they say grimly, the winter is coming possesses a meaning behind their words which represent vigilance and warning. In a similar manner, it is withal for the people to be aware that elections are coming where they will have to prefer a vigilant candidate who can seize them further ahead. Whilst addressing the youth conclave in Surat, the honourable Prime Minister Narendra Modi said that the momentous and significant decisions are taken by those governments which receive an overwhelming mandate from the people. Furthermore, this upcoming general election in India will have the indulgence of both Money and Power to secure a seat in the legislature. As the former election commissioner has said in an interview to a news channel that, the elections are one of the sources which raises corruption in the country. There has been involvement of an enormous amount of money by the political parties and funds which they gain during the elections consider an anonymous source which has got strengthens with time.
In a case between A Registered Society vs. Union of India, AIR 1996 SC 3081, Supreme Court had said that the election commission asserts a right in order to maintain the purity of the election to propose candidates and political parties regarding expenditure incurred during elections. In one of his article “The East and West” by Swami Vivekananda had made an observation about the affluent people who are advancing the society in their ways and rest of the people are moving like a flock of sheep. He mentioned that people there hasn’t got an education regarding the elections and a ballot paper in the manner people residing in the west have received through their institutions. Later he mentioned that the elections in the west were revelry of bribery, Robbery in daylight and the dance of the devil in man to pursuit votes. In the odd year of 1957, the bench consisting merely of Justice M.C Chagla and S.T. Desai in Bombay High Court looked critically upon the egregious case which dealt unjustly with the alleged involvement of Business houses and its contributions given to the political parties, in which they had said they have to safeguard the election of the representative in parliament and the country deals with adult suffrage. In the year 1990, a report was presented by the concerned committee of Dinesh Goswani where he had said there should be a complete restriction upon the funds given by the companies as funds and required amendment should be made in the laws.
Whilst addressing Confederation of Indian Industry, former Prime Minister Manmohan Singh had said if a businessman wants to be a conspicuous part of politics will have to draw a Chinese wall between their endeavour of business and political activities. A critical study was established regarding the used money spent by political parties, political candidates & government was around 2014 general election was more 30,000 crores out of which election commission had seized around 31% of the money. It had provided a fierce competition to the funds collected by candidates along with parties during the 2012 presidential election which were around 40,000 crores. When we read, section 29 (C) of Representation of People Act 1951 which says that political parties don’t have to disclose about their received funds from sources to election commission if it's below twenty thousand rupees. There are allegedly political parties in India who doesn’t come under being scrutinised in public eyes through the Right to Information Act.
Last year, the apex court did say grimly whosoever is contesting in the elections will have to disclose their along with associates source of income as the institution felt that there has to represent purity in the electoral process keeping it’s fundamentally to survive the health of democracy. Last year, the apex court did say, whosoever is contesting in the elections will have to disclose their along with associates source of income as the institution felt that there has to represent purity in the electoral process keeping it’s fundamentally to survive the health of democracy. T Moreover, it is important to understand that the courts have always asked to present a necessary document to support the presence of corruption during elections. One such case proffered to the bench of the Supreme Court was between Ishwardas Rohani vs. Alok Mishra & Ors. It’s hither that the respondent, in this case, went fighting in the state assembly election of Madhya Pradesh in the year of 2008 from the constituency of Jabalpur against Appellant. The respondent tendered a petition which was to aggressively challenge the election of the appellant on the grounds of corrupt practice under the Sub-Section 1(A)(B),(2),(6) and (7) of section 123 of the representation of the people act, 1951. The bench has had then The Chief Justice of India Altamas Kabir. Justice J Chelameswar rejected the petition citing that the petition doesn't contain necessary material to summon the election of the return candidate and acceptance of application containing electoral material cannot be allowed to get amended beyond the period of limitation. Furthermore, states in the south of India use cash per voter tradition and provide a quarter bottle of alcohol to voters every day before the day of an election.
One such incident was reported in The Hindu newspaper was candidate’s husband had targeted around 110 voters and descended on their home with Mantra Bhiyyam, it consisted of raw rice and turmeric by which he urged voters to promise on it to confess whether they had permitted a vote to his wife or not? This is one such case obtain money has been used in a more, insufficient range in comparison with those elections, where presence is in the larger denomination which contains a number of people. This corruption can be restricted in sovereign states if a prohibition in the re-election of a candidate who has been elected once or term for a position has to be twice and not more than that. There has to be an amendment in those laws which provide anonymity to those fund providers who produce money less than twenty thousand to political parties.
Even election commission needs to provide a restriction on the usage of money during elections otherwise it can accept dreadful one-sided results which can easily weaken the pillars of democracy. There has to have a restriction on political leaders over their television presence in providing interviews to reporters and addressing rallies in the different region. Whereas leaders have, find a way to attract the voters through social networks where post-truth news has spread like a fire in the forest and has got the attraction of voters easily to which restriction need to be made. The liability needs to be imposed upon those users who share that unprecedented information amongst people using the network for connectivity. Another perilous usage during elections is government schemes which have been used in the past and in the present to get the attraction of the rural classes because they have always gathered in higher number as voters to elect a legislature. Hence, there are certain problems which have created a situation of corruption during an election, which need to be improved otherwise it can lead to the presence of a big brother in the society ruling over people and tarnishing the institution of the sovereign state.