SOS INTERNATIONAL Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners, the Chairman and General Secretary of SOS International, a registered NGO, have filed the instant petition in public interest with a prayer for initiating action against seven members of the Legislative Assembly belonging to the Bhartiya Janata Party (BJP), who have been impleaded as respondents. The basic ground for the relief claimed is that they have violated the oath administered to them and have indulged in corrupt practices with regard to election of six members of the Legislative Council which were held on 13.04.2011. A further prayer has been made seeking direction to the Central Bureau of Investigation to register a case under the provisions of the Jammu and Kashmir Prevention of Corruption Act, Svt. 2006 read with Sections 406 and 409 RPC against respondent nos. 3 to 13. It has also been suggested that appropriate periodical monitoring of investigation may also be undertaken by this Court leading to the prosecution of respondent nos. 3 to 13.

(2.) It is appropriate to mention that elections to the six seats of Legislative Council were notified by respondent no.2 which were conducted on the basis of Electoral College comprising of the members of the Legislative Assembly (Annexure A). The petitioners have given party wise break up of political representatives in the Legislative Assembly of the State of Jammu and Kashmir. The elections for six seats were to be held by way of secret ballot. There are allegations indicating that the present ruling alliance of Congress and National Conference parties could not have secured five seats. It was made possible only on account of violation of whip issued to its MLAs by the BJP. According to the allegation, seven out of eleven MLAs indulged in corruption and voted against the party mandate. There are allegations that on account of accepting the payment in cash they have sold themselves to vote for the Congress and National Conference party alliance. In that regard some newspaper reports have been attached (Annexure B). Therefore, a prayer has been made that the ruling alliance may not prefer to register a case against those who have indulged in corruption and the Court must interfere by granting the prayer made by the petitioners.

(3.) By placing on record complaint dated 14.06.2012 and the report of the Vigilance Commissioner, separate applications were filed by the petitioners as well as respondent nos. 1 and 2. The report of the Vigilance Commissioner filed on 10.10.2012 suggests that the complaint filed by the petitioners before the Vigilance Organization was not within the ambit of abuse of official position as envisaged under the Prevention of Corruption Act Svt. 2006 because casting votes contrary to the party whip is entirely different matter which is not covered by those provisions.