MEASURES TO CURB EXPENDITURE

Ostentatious display of money power in the form of huge cut-outs, hoardings, banners, etc.,

6. In a more recent judgment dated 09.08.1994 in C. Narayanaswamy vs-C.K. Jaffer Sharief and others (Civil Appeals Nos. 2543 and 7194 of 1993), the Supreme Court has again observed that:

"At the same time we cannot resist from observing that sub-section (6) of Section 123 which makes incurring or authorising expenditure in contravention of Section 77, a corrupt practice because of the aforesaid explanation 1 to Section 77 (1) has become nugatory and redundant. Sub-section (6) of Section 123 read with Section 77 and rule 90, purports to restrict the unlimited flow of money power, and makes expenditure in excess of the limit fixed, a corrupt practice, but legality and sanctity has been given to such excess expenditure by explanation 1 aforesaid, which fixes no limit on the expenditure in connection with the election of a candidate. Neither the candidate the political party nor the persons who incur such huge expenditure, for the candidate are required to disclose the same to anyone....

As the law stands in India today anybody including a smuggler, criminal or any other anti social element may spend any amount over the election of any candidate in whom such person is interested, for which no account is to be maintained or to be furnished and any such expenditure shall not be deemed to have been expenditure in connection with the election, incurred or authorised by the candidate or by his election agent for the purpose of sub-section (1) of Section 77, so as to amount to a corrupt practice within the meaning of sub-section (6) of Section 123. It is true that with the rise in the costs of the mode of publicity for support of the candidate concerned, the individual candidates cannot fight the election without proper funds. At the same time it cannot be accepted that such funds should come from hidden sources which are not available for public scrutiny. According to us, sub-section (6) of Section 123 declaring "incurring or authorising of expenditure in contravention of Section 77" a corrupt practice has lost its significance and utility with the introduction of the Explanation 1 aforesaid which encourages corruption by under hand methods. If the call for "purity of elections" is not to be reduced to a lip service or a slogan, then the persons investing funds, in furtherance of the prospect of the election of a candidate must be identified and located. The candidate should not be allowed to plead ignorance about the persons, who have made contributions and investments for the success of the candidate concerned at the election. But this has to be taken care by the parliament."

7. It is common knowledge that the funds received from unaccounted sources adverted to by the Supreme Court as above are misused by political parties, candidates and other associations and bodies interested in the election of particular candidates for indulging in various kinds of corrupt and evil practices sullying the purity of election process. One such form of undesirable use of money by political parties is erection and display of huge posters, banners, cutouts, etc., of political leaders on road-sides, busy crossings, street corners, buildings, etc. Likewise, they put up huge arches, gates, hoardings, banners, flags, buntings, wall paintings, etc., at all kinds of places, including Govt. buildings and property, like, electricity and telephone poles. In many cases, they issue large blown-up advertisements in newspapers and periodicals purporting to highlight the achievements of a particular party and its candidates.

8. The obvious intention of such ostentatious display of cut-outs, hoardings, arches, gates, banners, flags, buntings, wall paintings, advertisements in newspapers, etc., by the political parties and other association and bodies concerned is to further the prospects of candidates set up or sponsored by them.

9. The super checking of the accounts of election expenses submitted by the candidates at the recent election has shown that all candidates without exception have tried to off-load the expenditure on the above forms of ostentatious electioneering campaigns on their political parties or other association or bodies or individuals interested in their election. They have stated on oath in the affidavits furnished in support of their returns of election expenditure that they have not incurred or authorised any expenditure on the above account.



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