In a big blow to BJP, the supreme court hearing the Chandigarh mayoral election controversy said that it’s a murder of democracy adding that the returning officer be prosecuted. The court observed, “It is obvious that he defaced the ballot papers. Is this the way he conducts elections? This is murder of democracy. This man must be prosecuted”. The court has rightly and promptly given its observation that it is murder of democracy but not interested in national level nightmares. Where it has to see an eye to eye to the ruling government having no space to make bureaucrats as scape goats.
The India alliance parties approached Punjab and Haryana high court as well as to the supreme court after the returning officer invalidated eight votes of the India alliance parties in the recent mayoral election of Chandigarh. This led to the victory of the BJP mayoral candidate despite having less seats and votes than the India alliance parties together.
Supreme court has shown remarkable urgency in this case. Which is always expected being the supreme custodian of the law of the land. But sadly, when it comes to much bigger and important cases like electoral bonds scheme, VVPATS and other concerns raised by the opposition parties, the court has been very slow and reluctant to act upon those serious concerns.
The controversial electoral bond scheme which was introduced by the then finance minister Arun Jetly as Finance Bill in 2017 supposedly to bring transparency in political funding. It was challenged by the opposition parties in the court alleging that, it violates right to information as it allows the donors not reveal their identity enabling back door lobbying by big corporations.
Since this electoral bond scheme has been implemented, BJP received more money than all parties put together through the electoral bonds. Between 2016 and 2022, a total of 9,188 crore rupees was generated through electoral bonds and BJP alone received more than 57 percent of this money as per the data of Association of Democratic Reform(ADR). This scheme has clearly favored the ruling party due to which it has now unparalleled resources and influence than the all of the opposition parties.
Also read: BJP won the Chandigarh mayoral election by cheating
This scheme has posed a direct threat to the independence and integrity of the institutions that monitor elections such as the election commission of India including the judiciary and others institutions in ways that is invisible to the eyes of the people. But as we say in common parlance that actions speak, it is clearly visible that these institutions have become very favorable to the ruling party these days. This speaks a lot about how compromised the autonomy and independence of these institutions are?
Supreme court has not shown the urgency in the electoral bond scheme in the same manner, it has shown in the Chandigarh mayoral election. The court has been sitting on those cases for years despite repeated pleas and petitions in the court by opposition parties other stakeholders. In fact the court has given very favorable judgments to the ruling government in the last few years including on the legality of the electoral bond scheme.
The court has also not been fair in dealing with cases such as blatant horse trading, forced defections destabilizing the opposition ruled states that have plagued the electoral system in the recent years. In the latest case that it has unfolded is in the state of Jharkhand where the opposition law makers are being transported to safe zone in Hyderabad. These cases also colloquially amount to the murder of democracy on daily basis. If the court is really interested to stop the murder of democracy, it urgently needs to take up these cases.
