MANIFESTOS.SUPREME IMPLIMENT COURT DIRECTIONS

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The General elections and Elections to some states are due very soon.  Supreme court  in in S. Subramanyam Balaji Vs. The Govt of Tamilnadu and others (CIVIL APPEAL NO. 5130 OF 2013 (SLP(C) NO. 21455 OF 2008) DT.05.07.2013.2013) gave directions to election commission of India  to frame guidelines to monitor manifestos and poll promises. It also directed ECI to take steps to obtain legal enforceability to the manifestos by necessary  amendments to laws.   After consultation with political parties EC framed the guidelines in 2014 and incorporated them into model code of conduct as chapter VIII. Accordingly parties and contesting candidates  are accountable to the promises made in the public or by release of Manifestos and are required to submit a declaration within 3 days of release of manifesto or making a poll promise.. It has not taken any effective steps to bring statutory amendments to the Manifestos as directed by Supreme court. We state that instructions issued till 27-12-2016 and contained in Compendium of Instructions on MCC released on 30-01-2017 are mandatory.  It is not just manifestos submitted to CEO which are material but CEO has constitutional obligation to see that appropriate action is taken if the Declaration as required is not  filed within 3 days of release of Manifesto and poll promises.   The ECI may also be directed not to hold any elections till the orders of Supreme court are conclusively effective and arrangements for monitoring of manifestos by expert agencies are in place. We request the CJI to direct the ECI till the above measures as acceptable to Supreme court are in place