LAWS(KER)-2018-6-643

VICTOR T. THOMAS Vs. UNION OF INDIA

Decided On June 25, 2018
Victor T. Thomas Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This writ petition is filed to challenge certain amendments in the Companies Act, 2013, the Representation of the People Act, 1951 and the Foreign Contribution (Regulation) Act, 2010, which enable the political parties in India to receive contribution from companies. According to the petitioner, such contribution will effect the conduct of free and fair elections and the process of election will be corrupted and polluted. It is the further contention of Sri.Liju V.Stephen, the learned counsel for the petitioner that when such contribution received by the political parties, the donor corporates will be able to influence on how votes are cast in the election process. Therefore, it will indirectly enable the companies force the party in power to disregard welfare measures for the people and adopt such anti-people policies, which will serve the cause of the donor corporate.

(2.) Heard Sri.Liju V. Stephen, the learned counsel for the petitioner, Sri.Murali Purushothaman, learned standing counsel for the Election Commission and Sri.N.Nagaresh, learned Assistant Solicitor General.

(3.) We have carefully considered the submissions made by the learned counsel for the petitioner and find that the Election Laws of India provide sufficient safeguard to enable a voter to cast his vote as per his wish without fear or favour. In fact, providing of money as incentive, is a corrupt practice under the Election Laws and therefore, no political party is capable of buying voter's allegiance through corporate donation.