Congress 'Khatakhat' Scheme Draws Bribery Charges Under Election Laws, Delhi Lawyer Seeks Disqualification Of 99 MPs

Rahul Gandhi's infamous "Khatakhat cash transfer" slogans and women queuing up outside the party offices of the Indian National Congress across many states in the country, "with guarantee cards" promising them Rs 1 lakh if voted to power, is in your face and has dominated the prime time news for the past few days. Vibhor Anand, a New Delhi based lawyer has levelled the charges of bribery against the Congress party since India's election laws prohibit parties from "promising" and distributing cash for votes. As per procedural requirements, Anand has written to President Droupadi Murmu seeking her to direct the Election Commission of India (EC) to take cognizance of the matter.

In sharp contrast to poll predictions, the Congress party won 99 seats and nearly doubled its seats tally from the previous position of 52 seats it had won in the 2019. During the last few weeks of election campaigning, both Rahul Gandhi and his sister Priyanka were seen peddling the "Khatakhat Scheme '' that promised to transfer Rs 8500 each month and Rs 1 lakh every year in the accounts of women voters, if they voted Congress to power. New reports said that the Congress had distributed 'guarantee cards' or promissory notes to several households promising Rs 1 lakh every year to the woman head of every poor family for voting them to power. In 2019, Rahul Gandhi had lost from his family bastion of Amethi in Uttar Pradesh. But this time on the back of the khatakhat Scheme, Gandhi managed to win two seats this time: one from Raebareli in Uttar Pradesh and another in Wayanad in Kerala.

According to Anand, the Khatakhat Scheme and the distribution of guarantee cards amounts to "Bribing Voters."

"Congress committed an offence under section 123(1) of the Representation of People Act, 1951 in the recently concluded general elections, which amounts to gross corrupt practices with the sole intention of Bribing Voters."

Elections in India are governed under the Representation of People (RP) Act, 1951. According to section 123 of the RP Act, which deals with corrupt practices during elections: "Bribery is any gift, offer or promise" by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election, or an elector to vote or refrain from voting at an election, or as a reward to a person for having so stood or not stood, or for an elector for having voted or refrained from voting.

Simply put, Rahul Gandhi's promise of Rs 1 lakh to voters directly in their accounts for voting in Congress Party's favour and also distribution of guarantee cards to such effect amounts to "Bribery" under sections of Representation of People Act, 1951 that govern election laws in India.

"A bare reading of Section 123 of RP Act and the contents of the Congress Guarantee Card is enough to establish that the Indian National Congress and its leaders along with all its members resorted to gross corrupt practices to induce female voters by way of Bribery of Rs. 8500 per month/ Rs. 1 Lac Per Annum to every female voters. In View of the above mentioned facts and circumstances, it is crystal clear that the Indian National Congress Party and its leaders along with its members committed an offence under section 123(1) of the Representation of the People Act, 1951," Anand has said in his letter.

Further Anand said that Congress tried to sway poor Muslim voters. "It is pertinent to mention here that in the last 3 days, media is flooded with videos of thousands of women lined up in front of Congress offices, interestingly it is noticed that the majority of these women who are lining up are from the Muslim Community, therefore the possibility of inducing the voters of a particular community through Congress Guarantee Card is established beyond doubt."

Anand has demanded that the Election Commission of India be directed to initiate inquiry under section 146 of the Representation of the People Act, 1951 against the Congress Party and its leaders Rahul Gandhi, Mallikarjun Kharge, Priyanka Gandhi Vadra, Sonia Gandhi along with all the members of Congress involved in Inducing the voters by Bribery through the Congress Guarantee Card and Disqualify all 99 candidates of The Indian National Congress who got elected to the Lok Sabha.