ALOK SHARMA,JJ. - (1.) BY THE COURT: REPORTABLE The following reliefs have been claimed in this Public Interest Litigation (PIL) petition:- i) Issue a writ of mandamus/ order/ direction declaring unconstitutional and illegal "the practice of post-poll alliance among parties which contested elections against each other. ii) Issue a writ of mandamus/ order/ direction direct the respondent to issue directions preventing political parties from violating their own manifestos when such parties enter into post-poll electoral alliance in order to form a government. iii) Issue directions to competent authority respondent to take steps to make the manifesto a legal binding document and direct competent authority to take action against Election Commission for not initiating action against political parties and person for violating manifesto. iv) Issue a direction to respondents to ban the attractive news published in various newspapers on 26/27 th March, 2019 in respect of false promise/ declaration for voting from the voters at the time of contesting election. v) Issue a direction to respondents to take action against the Chief/ President of All India National Congress Party who gave attractive statement and after that same news published in various newspapers on 26/27 th March, 2019 in respect of false promise/ declaration for voting from the voters at the time of contesting election. vi) Any other appropriate order or direction which this Hon'ble Court deems fit and proper in favour of the petitioner may kindly be passed. vii) Cost of the writ petition may kindly be provided to the petitioner.
(2.) This is a rambling petition with disparate averments and randum invocations of Articles 282, 266(3), and 14 of the Constitution of India as also Section 123(1)(A)(b) of the Representation of the People Act, 1951 (hereafter 'the Act of 1951'). The petition asserts, amongst other things, illegality of the NYAY Scheme in the manifesto of Indian National Congress for the Loksabha Election 2019, whereunder an election promise has been made that in the event of the party forming government at the center, it by way of direct benefit transfer would ensure payment of Rs.6000/- per month i.e. Rs.72,000/- per annum to the 20% poorest population estimated to be 5 crores families i.e. about 25 crores citizens to ensure freedom from an abject life of want. The petitioner bases the cause of action for laying this purported PIL on the aforesaid NYAY Scheme and claims legal injury therefrom for which remedy is sought. The legal injury from the NYAY scheme is stated to lie in an outgo of Rs.3,60,000/- crores per annum constituting about 2% of the country's current GDP or it is stated that the NYAY scheme would alternatively result in withdrawal of some ongoing welfare schemes aggregating to Rs.3,27,679.43 crores per annum under the present government headed by the Bhartiya Janta Party. It has been stated that representation against the NYAY Scheme set out in Indian National Congress's (INC) manifesto sent to the respondents Election Commission of India and the State Election (why it was sent to the State Election Commission is not clear) has been of no avail and hence this petition. Alongside the injury pleaded, and as recorded above, the petitioner's averments also then break out, on an issue unrelated and foreign to the NYAY scheme's alleged unconstitutionality and purported illegality, to potential post election coalitions in formation of the government at the center post Loksabha elections of 2019, which it is asserted, for reasons undisclosed, should be prohibited.
(3.) Counsel for the petitioner Mr. Jitendra Singh Tanwar has emphatically reiterated the case set up in the petition.;