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In the quest for asking an instruction to the Central Government to inflict an upper limit of Rs. 2,000 per person per year on political benefaction in cash, Advocate and BJP leader Ashwini Upadhyay has moved the Supreme Court. He pleaded that the exoneration specified under Section 13A of the Income Tax Act of 1961should be provided to only those political parties which contend elections and acquire seats in the Parliament or Legislative Assemblies in position with the guidance of the Election. By their scrutiny and inspection about the genesis of finance invested during elections and political campaigns of political parties, the Association of Democratic Reform (ADR) established that more than 75% of the parties sources from where they derive their funds are unknown, while going by the statistics and survey the donations of amount of more than Rs. 20,000 incorporate only 9% of the parties funding.
The advocate asserted that there were several inadequacies and flaws in the laws governing election expenditure, contribution and disclosure and he described the first and the most significant to be that despite the Election and Other Related Laws (Amendment) Act 2003, the subject matter of mandate under Section 77 only encrusts individual candidates’ and not the political parties. To be more precise Section 77 of the Representation of the People Act (RPA), 1951 onwards with Rule 90 of the Conduct of Elections Rules, 1961 dictates the limit for expenditure in association with an election incurred or permitted by a candidate.
He postulated that as the political parties are paramount stakeholders of our democracy and thus accordingly they must be held answerable to the public and further this will safeguard and shield transparency and accredit the people to make illuminated decisions about electing their representatives. He further pleaded that the ECI be instructed to unregister the political parties, which do not contend elections or undertake a gratuity in cash of more than Rs. 2,000 per person in a year.
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