No one are filing such cases, and if some cases are filed, they do not succeed is no ground to say that such cases cannot be filed.
Here are few points :
1) There appears to be no law to protect election candidates and his party from prosecution for cheating under Sec.420 IPC. If Sanction is needed, sanction can be applied. If Sanction is wrongly refused, HC can be approached against such refusal.
2) One has to prove beyound doubt that Election Candidate or his party, induced you to part with your valuable Vote in their favour by making wilfull misrepresentation.
3) One has to argue that Vote is a valuable asset or security for purpose of Sec.420.
4) Wilful misrepresentation made here was promise to do something or to restrain from doing something if Vote is given to him or his party.
5) That, on basis of this representation you actually cast Vote in his favour.
6) That, reasonable time is passed, but Elected candidate has not taken any steps to fulfill his promise and has thus cheated you.
7) If Court sees all ingredients of IPC 420 in your complaint, it is required to register complaint.
Important Note: In Democracy, such cases may not be advisable. But Election Commission has now found that Parties are promising Moon to gullible masses to capture votes. In such circumstances, boundries of IPC Sec.420 can be expanded wherever a political party is seen prmisding Moon to gullible masses.
Important Note 2 : Five Rounds of Debates between Contesting Candidates must be arranged by EC in each constituency. These will weed out candidates with low IQ and Lack of Plan for their Constituency.
Haresh Raichura 25/11/16
