The lucknow Bench of Allahabad High Court directed the Election Commission (EC) to decide in three months on the complaint of deposit of Rs 104-crore in banks by Bahujan Samaj Party (BSP) in December.
The directive came after a Public Interest litigation (PIl) was filed on the cash deposited in old currency notes by BSP in the party’s account in Karol Bagh branch, New Delhi between December 2 and 9, 2016.
A Bench comprising Justice Amreshwar Pratap Sahi and Justice Sanjay Harkauli passed this order after hearing petitioner Pratap Chandra’s counsel Nutan Thakur and Election Commission counsel Manish Mathur.
Thakur pleaded that the EC had issued guidelines for financial transparency on August 29, 2014, which had been further clarified through its order on November 19, 2014.
The guidelines ensvisage that a party must deposit its cash collections in its bank account within 10 working days of the fund collection. It also mandates that if any party violates the guidelines, action including cancelling the recognition of the party could be made under provisions of Para 16A of Election Symbols (Reservation and Allotment) Orders, 1968.
The counsel reasoned that since demonetisation became effective on November 8, 2016, hence as per the guidelines, the cash in old currency should have been deposited by November 20. But the BSP did so between December 2 and 20 which was a clear violation of guidelines.
EC counsel Mathur said that the Commission has received Pratap Chandra’s complaint, but it was presently busy in organising Assembly elections and hence required time to decide over the complaint.
Having heard the facts, the Court disposed off the petition directing the Commission to decide the matter in three months