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The Supreme Court dismissed a petition on Monday, seeking a punishment for two years for electoral offences that includes bribery false statement, undue influence. The plea was filed by BJP leader advocate Ashwini Kumar Upadhyaya. The same was dismissed by a bench comprising Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DAY Chandrachud.
The petition reiterated the proposal made by the election commission of India in February 1992 to make electoral offences cognizable. He contended electoral offences now attacked fair elections, bribery harms the political spirit of the country which is against the basis dictum of democracy and fair elections. Considering the gravity of the offences the Election Commission in 1992 proposed that punishments for above mentioned offences should be enhanced to 2 years and made cognizable. Mr. Upadhyay therefore demanded the offences to be cognizable, the not doing of which is against the articles 14, 19, 324 of the Constitution of India.
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