SC to examine plea for political parties publishing their memorandum, rules on their websites

New Delhi, Nov 3 (PTI) The Supreme Court said on Monday it will issue certain directions following a plea urging the Election Commission to ensure that every political party publishes its memorandum, rules and regulations on its website.

A bench of Justices Surya Kant, Ujjal Bhuyan and Joymalya Bagchi, which issued notice to the Centre and the Election Commission (EC) on an application filed by advocate Ashwini Kumar Upadhyay, said, “Unless there are very strong impediments, we would like to issue certain directions”.

The bench asked Upadhyay, who appeared in-person, to remind the court about it on the next date of hearing.

The top court also told Additional Solicitor General KM Nataraj, appearing for the Centre, that the petition has some “meaningful prayers” and asked him to seek instructions from the EC on the issues raised in the plea.

The interlocutory application filed by Upadhyay on his pending PIL sought direction to the poll panel to ensure that every political party publishes its memorandum, rules and regulations on the home page of its official website and place the compliance report before the court.

It also sought a direction to the EC to ensure that every political party follows its memorandum, rules and regulations in letter and spirit of Section 29A of the Representation of the People Act and place compliance reports before the court.

On September 12, the top court agreed to examine the plea seeking a direction to the poll panel to frame rules for registration and regulation of political parties to promote secularism, transparency and political justice.

It had issued notice to the Centre, ECI and the Law Commission of India on a plea filed by Upadhyay.

Upadhyay's main plea alleged that "bogus political parties" not only posed a serious threat to democracy but also maligned the country by appointing hardcore criminals, kidnappers, drug smugglers and money launderers as national and state office bearers after taking huge amounts of money from them.

"There are no rules and regulations for political parties. Therefore, many separatists have formed their political party to collect donations. Some office bearers of these parties have succeeded in getting police protection also," the plea said.

Referring to a recent media report, the plea has claimed the income tax department found a "fake" political party that was "converting black money into white by deducting 20 per cent commission".

"Transparency and accountability in the working of political parties are essential in public interest as they perform public function and, therefore, ECI must frame rules and regulations for them," the plea, filed through lawyer Ashwani Kumar Dubey, said.

It has said the apex court has initiated various reforms to bring transparency and probity in public life.

''The move to regulate political parties within the ambit of the Constitution would pave the way for robust democratic functioning," it has said.

Alternatively, the plea sought a direction to the Law Commission of India to examine the best practices of developed democratic countries and prepare a comprehensive report on registration and regulation of political parties to reduce corruption and criminalisation in politics. PTI MNL RT