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Q.Election Manifesto Guidelines
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Q. Election Manifesto Guidelines

Respected

I would be grateful if you could answer some of my queries regarding Public Interest Litigation. I had sent following suggestions to Election Commission of India:

Election Commission of India should issue following guidelines to the political party in power regarding election manifesto:
(a) While contesting the election, the political party in power should submit an affidavit, to the election commission, of the status of the promises mentioned in the manifesto for the previous election.
(b) The political party in power should publish the affidavit along with the current election manifesto.

(Please find the attached PDF herewith for more details)

According to supreme court's judgement, there is no any provision in law which makes promises made in the manifesto enforceable against a political party. Hence, the best ECI can do is to ask the political party in power, while contesting the election, to submit an affidavit of the status of the promises mentioned in the manifesto for the previous election. These guidelines will be helpful to make political parties more responsible while making election manifesto promises as they will have to put their status in public domain while contesting for following election.

But the Election Commission of India has refused to accept my suggestions (Please find the attached file of letter received from Election Commission of India). There does not appear to be any sound reason for non-incorporation of the said suggestions. In fact, the said guidelines would enable voters to choose and decide effectively.

I request you to let me know if I can file a PIL to direct ECI to implement these guidelines. Is this issue valid for filing a PIL? If yes, kindly let me know if you can file a PIL for me, its procedure and your fees.

With kind regards,
Dr. Akshay Bajad
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A. Under the Constitution You can file PIL in the Jurisdiction of High Court or Supreme Court . But Now there is no of preconditions in view of fictitious or fervious PILs, You should have a requisite requirement of your communications with ECI & rejection on grounds under the Act, also details of RTI information, secondly you have to pursuive in competent court jurisdiction and follow judiciously.

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Ambrose Leo

Experience: 9 Year(s)

Responded 10 months ago

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Ram Pandey

Experience: 1 Year(s)

Replied 10 months ago

Thank you Sir. I have the letter from ECI. I have also filed RTI for detail information.

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Ambrose Leo

Experience: 9 Year(s)

Replied 10 months ago

Collect all documents and proceed for filing PIL.

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Ram Pandey

Experience: 1 Year(s)

Replied 10 months ago

Ok

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A. You can file a PIL in Supreme court .it is the discretion of the Court to accept your contention. It will be proper for you to file PIL only by your name as ECI has refused to accept suggestions nonetheless your suggestions. Petition filed by any body else can land you in trouble as bonafide of the person in whose' name PIL will be filed, will be questioned by the court.
At least I would not file PIL in my name and will file as your advocate as I am a Supreme court advocate and any observation by court that somebody else is getting filed by using my name, can affect my reputation.
So far as fees is concerned, it is not possible to mention fees in public domain. You can consult me for fees through Vidhikarya.

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Nirmal Chopra

Experience: 20 Year(s)

Responded 10 months ago

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Ram Pandey

Experience: 1 Year(s)

Replied 10 months ago

Thank you sir for your response. I had not asked to file PIL by your name. I had asked to file it for me. Kindly provide your email address to talk about your fees.

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Nirmal Chopra

Experience: 20 Year(s)

Replied 10 months ago

Vidhikarya team will contact you soon for further follow up.

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A. Now that you have already made a representation (letter) to the Election Commission you can definitely ask for the representation to be considered and orders to be passed thereon. But if you receive a written response from the Election Commission rejecting your request, it cannot be said with any certainty what would happen to your writ petition if you seek a positive direction to EC to implement your suggestion. You can file a Petition but the chances of success would not be high

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Ram Pandey

Experience: 1 Year(s)

Replied 10 months ago

Thank you.

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Ram Pandey

Experience: 1 Year(s)

Replied 10 months ago

I have the letter from ECI. I have also filed RTI for detail information.

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Replied 10 months ago

If you already have a reply from EC rejecting your request, you have to directly file a Writ Petition seeking direction to implement your suggestion.

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