A public interest litigation is moved before the Allahabad High Court seeking to declare all 99 Congress MPs disqualified. The PIL argues that their 'Ghar Ghar Guarantee Scheme' is bribery under the legal definition because it was announced during the election campaign for the Lok Sabha.
The PIL has also prayed for directions to the Election Commission of India for taking action against the campaign of the Congress, wherein it was alleged that ECI did not take appropriate steps to enforce its advisory issued on May 2, this year which had warned all political parties against such malpractices. It is further claimed that despite issuance of the said warning, the Congress continued distributing guarantee cards, undermining the integrity of the electoral process.
The PIL contends that the 'Ghar Ghar Guarantee Scheme' in question is for issuing guarantee cards for several financial and material benefits in lieu of votes. This, the petition asserts, comes within the mischief of Section 123(1)(A) of the Representation of People's Act, 1951, and is punishable under Sections 171B and 171E of the Indian Penal Code.
It also prays for declaration of disqualification of all the 99 Congress MPs who have been elected this year under the existing laws and, further, that criminal proceedings be initiated against them for benefiting from the scheme. The PIL also targets the ECI for its alleged inaction, accusing it of failing to uphold its constitutional responsibility to ensure free and fair elections.
He has prayed for directing the ECI to withdraw or take back recognition from Congress, as a political party, under Section 16A of the Election Symbols (Reservation and Allotment) Order, 1968. The PIL mentions that judicial intervention is urgently required at this juncture for the protection of electoral integrity and the democratic process of the country.
PIL is filed by Bharti Devi from Fatehpur district and is pending for scrutiny by high court.
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