- (1.) Heard, Sri Ram Bahadur Singh, learned counsel for the petitioner. Sri S.B. Pandey, learned Assistant Solicitor General of India who has accepted notice for respondent no.1, Sri V.K. Dubey, Advocate for respondent no.2 and Sri Rakesh Kumar Chaudhary. for respondent no.3 are present.
(2.) The instant public interest litigation has been filed by the petitioner, claiming to be in representative capacity of people and a public spirited person and social man, with the following prayers:- "(i) To issue a writ order or direction of an appropriate nature commanding and directing that registration and nonrecognition of the erring political parties that have been in power either as a main leading party or as an alliance sharing the power in the Central Government be cancelled barred from participating in the election process forth-with and they (political parties) be de-registered and de-recognizd and their election symbol be freezed forthwith. (ii) To issue a writ order or direction of an appropriate nature that unless and until the proper accountability in dealing with the election manifesto for translating them into action is fixed and accounted for participation of the erring political party in any election may kindly be debarred and their election symbol be forfeited. (iii) To issue a writ order or direction of an appropriate nature to direct the State respondents to consider the conduct of exercising plebiscite / referendum on this issue by the electorate / citizen of India. (iv) Pass any other suitable order or direction in favour of the petitioner which this Hon'ble Court may deem just and proper in the circumstances of the case. (v) Allow the instant writ petition with cost throughout."
(3.) The facts as culled out from the pleadings in the writ petition for adjudication of the case in hand are that the election manifestos are issued by the political parties entering into election fray to the general election of the Parliament and State Assemblies containing their commitment and principles to be followed, works to be done, policies to be made and planning to be done during that particular tenure of the Government, if elected to the power and form the Government of the said party. It has been observed that manifestos extend tall promises and commitments which are hardly capable of being transformed into action. The political parties in general and the Bhartiya Janata Party in particular, because it is forming the Government at the centre after general election of 2014 which is coming to end on completion of the current general election, have not been fulfilled the promises made in the manifesto. Therefore, it has been prayed that in the interest of democracy, citizen of India and the Constitution of India this Court may hold the political party accountable and be honest in the implementation of the promises made in the election manifesto failing which the party should suffer appropriate punishment in consequential like criminal liability in the form of fraud, cheating and criminal breach of trust and de-cancellation and de-registration of the same including those of the allies. The petitioner has also given in the writ petition certain promises made in the election manifesto which have not been fulfilled alleging that the respondent no.4 has not only been negligent but committed criminal breach of trust as well. Since the law is silent on the subject therefore this Court may consider and make a direction or order in an appropriate nature to the respondent no.1 to exercise the option of plebiscite / referendum on this issue. Although the Constitution of India does not provide for the option but it does not prohibit also. There are instances of cancellation of election by the Election Commission on account of unfair and illegal practices adopted by the candidate.;