1. I don't think anyone will disagree that the state of democratic process and election of RS members in UP and Haryana has shocked common sense conscience. It may be another way of Chandigarh Mayoral Election declared illegal and murder of democracy.
    
2. However we will try to see what is its effect in law.
    
3. I would draw you kind attention to following definitions of law - 1st Wrongful Gain. 2nd Dishonesty. 3rd Good Faith. 4th Illegal
    
4. The elaborate definitions are as under:
   1. 1st - Wrongful Gain - "Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled.
   2. 2nd Dishonestly - Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly"
   3. 3rd - "Illegal". "Legally bound to do". The word "illegal" is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be "legally bound to do" whatever it is illegal in him to omit.
   4. 4th Good Faith - Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention. - a thing shall be deemed to be done in "good faith" where it is in fact done honestly, whether it is done negligently or not.
   5. 5th Malice the intent to cause injury
   6. 6th Injury - The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
   7. 7th Person - in context of this article includes the general populous
       
5. It is also a case for consideration whether such cross voting falls within Corrupt Practices under Chapter 7 of Representation of Peoples Act [RPA].
    
6. Needless to say if a party A is aware that it has only X amount of candidates and it can/cannot win from the Electoral Process of Rajya Sabha [RS] membership, anything beyond the X is clearly wrongful gain, and therefore dishonest and therefore either Misappropriation or Fraudulent.
    
7. Of what citizens would want, the minimum is 'Good Faith' behaviour from the Party Candidate. Anything that breaches that 'Good Faith' standard, would clearly mean apparent exhibition of Unfaithfulness, and Unreliableness.
    
8. We need to see whether there is conspiracy to commit illegality too.
    
9. Thus the Simplest Questions:
   1. Should we as Society condone lack of 'Good Faith' which conforms to to the extent of 'Bad Faith'?
   2. Whether we as People agree to lower the general stand of the Society by such unethical practices?
   3. Whether we would want others to behave in same wrongful way against us? Would it happen sooner or later to us?
   4. Whether we are implying repeal of 'Wrongful Gain', 'Dishonesty', Fraud, Misappropriation, and other corrupt forms or acts?
   5. When 'Anti Defection Law' in in play, isn't the benefit taken from violation of 'Anti Defection Law' - wrongful, dishonest, illegal and unlawful gain?
   6.  Given the 'Anti Defection Law',- isn't the benefiter of the violation an abettor of the illegality?
   7. Can will say that the principle of Fairness in RPA is achieved, if the benefit of wrongful, dishonest, illegal and unlawful gain is taken?

Award Winning Article Is Written By: Advocate Sandeep Namdev Kapatkar

Authentication No: MR408436737290-24-0324