a plaint filed in the bangalore city civil court hauling up the bjp for failure to live up to their...
TRANSCRIPT
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IN THE COURT OF THE VACATION CITY CIVIL AND
SESSIONS JUDGE AT BANGALORE
ORIGINAL SUIT NO. OF 2013
BETWEEN:
1. Sri Abraham T.J.S/o Joseph T.A.Aged about 53 Years#2457, 16th "B" Main
H.A.L 2nd StageIndiranagarBangalore-560 008State of Karnataka Plaintiff No.1
2. Sri Mohan RajS/o RamuAged, MajorNo.49, 1st Main, 7th CrossB.Nagasandra, Yamalur Post
Bangalore560 037State of Karnataka Plaintiff No.2
3. Dr.S.M.GopalS/o Patel MuniyappaAged about 52 yearsSheshapur, Lakshmisagar Panchayat
Srinivaspur TalukKolar District563 127State of Karnataka Plaintiff No.3
4. Sri Jayarama H.VS/o Venkataiah H.KAged about 54 years#156, HottiganahosahalliChannapattanaRamanagaram571 501State of Karnataka Plaintiff No.4
5. Sri Nagesh.TS/o Thimmegowda
Aged about 46 years#141/D, HottiganahosahalliChannapattanaRamanagaram571 501State of Karnataka Plaintiff No.5
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6. Sri JayaramaiahS/o Late Sanjeevaiah
Aged about 41 years#57, VirupasandraRamanagaram571 511State of Karnataka Plaintiff No.6
7. Sri Suhail BaigS/o Jabbar BaigAged about 47 yearsNo. 46, Millers 2nd Cross Road
Benson TownJayamahalBangalore560 046State of Karnataka Plaintiff No.7
8. Sri Srinivasa B.VS/o Late VenkategowdaAged about 42 yearsNo. 256, 9th Main, Nagendra BlockBangalore560 085State of Karnataka. Plaintiff No.8
9. Sri S.SureshS/o S.SrinivasaiahAged about 43 yearsNo. 24-1-E, Basavanagudi RoadBangalore560 004State of Karnataka Plaintiff No.9
10. Sri Kumaraswamy M.C.S/o ChinnappaiahAged about 37 years
No. 208, 8th
Main4th Stage BEML layoutRajarajeshwarinagarBangalore560 098State of Karnataka Plaintiff No.10
11. Sri RamakrishnappaS/o VenkatappaAged about 52 yearsNo.12, Subbaiah Garden LayoutHongasandraBangalore560 068
State of Karnataka Plaintiff No.1112. Sri Srinivasa H.R.
Late H.T.RamaiahAged about 49 yearsNo. 16/1, Jain Temple StreetV.V.PuramBangalore560 004
Plaintiff No.12
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State of Karnataka
13. Sri S.RavichandranS/o ShivadanamAged about 36 yearsNo.365, Venkataswami Reddy LayoutB.NarayanapuraBangalore560 048State of Karnataka Plaintiff No.13
AND:
1. Bharatiya Janata PartyRepresented by its PresidentSri Rajanath SinghPresident at present as also duringMay, 2008Having its Central Head Office at#11 Ashoka RoadNew Delhi 110 001 Defendant No.1
2. Sri D.V.Sadananda GowdaPresident during May, 2008
Bharatiya Janata Party, KarnatakaandFormer Chief Minister of Karnataka -Sworn in as the 20th Chief Minister(04-Aug-2011 to 12-Jul-2012)Having its Head office at:
Jagannatha Bhavana#48, Temple Street, 11th CrossMalleshwaramBangalore560 003
State of Karnataka Defendant No.2
3. Sri Pralhad JoshiPresidentBharatiya Janata Party, KarnatakaHaving its Head office at:
Jagannatha Bhavana#48, Temple Street, 11th CrossMalleshwaramBangalore560 003State of Karnataka Defendant No.3
4. Sri B.S.YediyurappaFormer Chief Minister of Karnataka Sworn in as the 19th Chief Minister(30-May-2008 to 31-Jul-2011)Bharatiya Janata Party, KarnatakaHaving its Head office at:
Jagannatha BhavanaDefendant No.4
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#48, Temple Street, 11th CrossMalleshwaram
Bangalore 560 003State of Karnataka
5. Sri Jagadish Shivappa ShettarChief Minister of KarnatakaSwornin as the 21st Chief MinisterBharatiya Janata Party, KarnatakaHaving its Head Office at
Jagannatha Bhavana
#48, Temple Street, 11th CrossMalleshwaramBangalore 560 003State of Karnataka Defendant No.5
MEMORANDUM OF PLAINT UNDER ORDER VII RULE 1 OF
THE CODE OF CIVIL PROCEDURE, 1908
Address for service of Notice:1. The addresses of the parties for the purpose of service of all
summons, notices etc., are as stated in the cause title above.
2. The plaintiffs are represented by their counsel, SriK.V.Dhananjay, Sri M.P.Srikanth, Miss Anupama.R and Sri
Gopala Krishna, Advocates, No.296, Magadi Main Road,
Kamakshipalya, Bangalore560 079. Service of notices, etc.,
upon the plaintiffs may also be effected through service to
their counsel.
3. The defendants may be served at the address as mentioned inthe cause title above.
About the Plaintiffs, in short:
4. The plaintiffs are citizens of India and residents in the Stateof Karnataka. They are duly registered to vote in the elections
that are conducted by the Election Commission of India to
the House of the People and to the Legislative Assembly of
Karnataka. They had voted in the last elections held on 10-
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May-2008, 16-May-2008 and 22-May-2008 to the Legislative
Assembly Constituencies of Karnataka.
The plaintiffs vote for the Defendant No.1 party:
5. The subject matter of this suit concerns the elections thatwere held to the 13th Vidhana Sabha of Karnataka on 10-
May-2008, 16-May-2008 and 22-May-2008. Prior to a
decision made by the plaintiffs on who would deserve their
vote, they were, as a class, provided by the Bharatiya Janata
Party with a comprehensive booklet containing the election
promises pledged by it. On the faith induced by the Bharatiya
Janata Party that its election promises were solemn and that
it would perform those promises if it was voted to power in
the State and that the voters should vote for the Bharatiya
Janata Party with absolute confidence that its promises
would be kept to the extent pledged in its promise sheet,
these plaintiffs proceeded to vote for the candidates set up by
the Bharatiya Janata Party in their respective constituencies
in the elections held in May, 2008 to the Legislative Assembly
Constituencies of Karnataka.
About the defendant, in short:
6. The Bharatiya Janata Party is a political party which is dulyregistered in terms of the applicable laws and regulations. In
the elections held on 10-May-2008, 16-May-2008 and 22-
May-2008 to the Legislative Assembly Constituencies of
Karnataka, the Bharatiya Janata Party had emerged as the
largest political party and thereby, had assumed executive
power in the State of Karnataka during the term of the 13th
Vidhana Sabha.
The subject of this suit - the defendant political party
breaches most of its solemn election promises and its legal
liability thereto:
7. Once elected to power, without any lawful excuse, thedefendant political party, the Bharatiya Janata Party has
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proceeded to breach most of the solemn election promises
that were previously pledged by it and which promises had
induced these plaintiffs to cast their valuable votes in favour
of candidates set up by the Bharatiya Janata Party in the
elections to the 13th Vidhana Sabha. Throughout the term of
the 13th Vidhana Sabha, the Bharatiya Janata Party has
chosen to wantonly, deliberately, recklessly and intentionally
disregard the very election promises that constituted the
basis for it to secure the highest number of seats in the 13th
Vidhana Sabha and which promises were instrumental in
forbearing these plaintiffs from casting their votes in favour of
candidates or parties that were the contesting rivals of the
Bharatiya Janata Party (referred to hereinafter as the BJP,
for short).
Representative nature of this suit:
8. The cause of action as pleaded herein is largely of a publicnature and though the plaintiffs could have individually
shown that they have sustained damages and could have
thereby elected to seek damages individually against the BJP,
they have chosen, without abandoning their individual rights
and claims against the defendants, to collectively plead the
cause of action as stated in the plaint as members of a class.The plaintiffs have therefore, preferred an accompanying
application and have thereby sought the leave of this Honble
Court to prosecute the instant suit as a suit for the benefit of
a specific, definite and identifiable members of the public in
terms of Section 91 of the Code of Civil Procedure, 1908.
9. The class at issue are all voters who were eligible to cast votesin the elections held to the 13th Vidhana Sabha of Karnataka
on 10-May-2008, 16-May-2008 and 22-May-2008 and who,
more importantly, did cast votes in favour of candidates set
up by the BJP political party by principally relying upon the
BJPs election promises as stated in its promise sheet and
who have since been injured and have sustained damages by
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reason of the BJPs wanton breach of those very election
promises while granted the power and opportunity to perform
it all. A separate application in terms of Order 1 Rule 8 is
enclosed to this plaint and leave has been sought accordingly
to prosecute the subject matter of this suit in a representative
capacity.
Relief is limited to damages only and no specific performance
is sought herewith:
10. The plaintiffs do not seek any specific performance by thedefendants and the relief sought herein is limited to the
seeking of compensatory damages and punitive damages by
reason of the egregious breach of contract by the BJP of
several of its election promises or, in the alternative, by
reason of the injury sustained and damages incurred by the
plaintiffs owing to the fraudulent misrepresentation made by
the BJP in the name of its election promises.
The law concerning elections to the Legislative Assembly of a
State of our Union:
11. The Constitution of India is the supreme law and the charterfor the establishment of the Republic of India. Article 168 of
the Constitution of India provides for the establishment of a
Legislature in a State. The State of Karnataka is notifiedunder the Constitution of India as Entry 8 to the First
Schedule to the Constitution (Articles 1 and 4 of the
Constitution of India).
12. Article168of the constitution specifies that the Legislature ofthe State of Karnataka shall consist of the Governor, the
Legislative Assembly and Legislative Council.
13. Article 170of the Constitutionspeaks of the composition of theLegislative Assemblies. It states, in pertinent part, that:
Article 170 - Composition of the Legislative
Assemblies
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(1)Subject to the provisions of Article 333, the Legislative
Assembly of each State shall consist of not more than five
hundred, and not less than sixty, members chosen bydirect election from territorial constituencies in the State;
(2) For the purposes of clause (1), each State shall be
divided into territorial constituencies in such manner that
the ratio between the population of each constituency
and the number of seats allotted to it shall, so far as
practicable, be the same throughout the State.
14. As such, under the terms ofArticle 170of the Constitution ofIndia, the members of a Legislative Assembly to a State are to
be chosen by direct election from territorial constituencies in
the State.
15. Article 172 of the Constitution speaks of the duration of theState Legislature. In pertinent part, it reads:
Article 172. Duration of State Legislatures -(1) Every Legislative Assembly of every State, unless
sooner dissolved shall continue for five years from the
date appointed for its first meeting and no longer and the
expiration of the said period of five years shall operate as
a dissolution of the Assembly:
16. As such, the duration of a legislative assembly in a Stateconstituted after a direct election by the people of that State
is fixed at a period of 5 years in terms of Article 172 of the
Constitution of India.
17. Article 324 of the Constitution establishes an electionCommission for India and reads as under:
Article 324. Superintendence, direction and control
of elections to be vested in an Election Commission
(1) The superintendence, direction and control of the
preparation of the electoral rolls for, and the conduct of,
all elections to Parliament and to the Legislature of every
State and of elections to the offices of President and Vice
President held under this Constitution shall be vested in
a Commission referred to in this Constitution as the
Election Commission.
http://indiankanoon.org/doc/444962/http://indiankanoon.org/doc/456234/http://indiankanoon.org/doc/359300/http://indiankanoon.org/doc/359300/http://indiankanoon.org/doc/456234/http://indiankanoon.org/doc/444962/ -
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18. Accordingly, the responsibility for the conduct of the electionto a State Legislative Assembly is vested in the Election
Commission of India. Articles 326, 327 and 328may also be
noted:
Article 326 - Elections to the House of the People
and to the Legislative Assemblies of States to be on
the basis of adult suffrage: The elections to the House
of the People and to the Legislative Assembly of every
State shall be on the basis of adult suffrage; that is to
say, every person who is a citizen of India and who is notless than twenty one years of age on such date as may
be fixed in that behalf by or under any law made by the
appropriate legislature and is not otherwise disqualified
under this constitution or any law made by the
appropriate Legislature on the ground of non-residence,
unsoundness of mind, crime or corrupt or illegal practice,
shall be entitled to be registered as a voter at any such
election.
Article 327-Power of Parliament to make provision
with respect to elections to Legislatures: Subject to
the provisions of this constitution, Parliament may from
time to time by law make provision with respect to all
matters relating to, or in connection with, elections to
either House of Parliament or to the House or either
House of the Legislature of a State including the
preparation of electoral rolls, the delimitation of
constituencies and all other matters necessary forsecuring the due constitution of such House or Houses.
Article 328 - Power of Legislature of a State to
make provision with respect to elections to such
Legislature:Subject to the provisions of this Constitution
and in so far as provision in that behalf is not made by
Parliament, the Legislature of a State may from time to
time by law make provision with respect to all matters
relating to, or in connection with, the elections to theHouse or either House of the Legislature of the State
including the preparation of electoral rolls and all other
matters necessary for securing the due constitution of
such House or Houses.
19. Accordingly, in pursuance of the power under Article 327 ofthe Constitution of India, the Parliament of India has passed
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two special statutes to govern and to regulate the conduct of
elections to the Parliament and to the State Legislature the
Representation of People Act, 1950 and the Representation of
People Act, 1951.
20. It is too well-established that the right to vote is a creature ofa statute. Section 15of the Representation of People Act, 1950
mandates the preparation of an electoral roll for every
constituency. It reads as under:
Section 15 - Electoral roll for every constituency:
For every constituency there shall be an electoral roll
which shall be prepared in accordance with the
provisions of this Act under the superintendence,
direction and control of the Election Commission.
Assembly constituencies in Karnataka:
21. Further, Section 7(3)of the Representation of People Act, 1950provides that the extent of each assembly constituency in a
State shall be as determined by the orders of the Delimitation
Commission of India made under the provisions of the
Delimitation Act, 2002. Further, the territory of the State of
Karnataka has been divided into 224 assembly constituencies
in terms of Entry No.12 to the Second Schedule to the
Representation of People Act, 1950.
About the defendant political party, Bharatiya Janata Party:
22. Further, Part IVA of the Representation of People Act, 1951regulates the establishment, conduct and operation of
political parties. Accordingly, in terms of Section 29A of the
Representation of People Act, 1951 any association or body of
individual citizens of India may register itself with the
Election Commission of India subject to compliance with the
specified regulations and conditions. The Bharatiya Janata
Party is one of hundreds of political parties so registered with
the Election Commission of India.
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23. Further, the Election symbols (Reservation and Allotment)Order, 1968 issued by the Election Commission of India in
terms of Article 324 of the Constitution of India provides in
Order 6Athereof that a political party may be recognized as a
national party subject to fulfillment of certain conditions. It
says:
6A. Conditions for recognition as a National
party. A political party shall be treated as a
recognized National party, if, and only if
either (A) (i) the candidates set up by it, in any four or
more States, at the last general election to the House of
the People, or to the Legislative Assembly of the State
concerned, have secured not less than six per cent of the
total valid votes polled in their respective States at that
general election; and
(ii) in addition, it has returned at least four members to
the House of the People at the aforesaid last general
election from any State or States;
or
(B) (i) its candidates have been elected to the House of the
People, at the last general election to that House, from at
least two per cent of the total number of parliamentary
constituencies in India, any fraction exceeding one-half
being counted as one; and
(ii) the said candidates have been elected to that Housefrom not less than three States.
24. Accordingly, Entry 2 to Table 1 in NotificationNo.56/2003/Jud-111 dated 23-Oct-2003 issued in connection
with the aforesaid provision describes the Bharatiya Janata
Party as a national party. It says:
Table1
National Parties
Sl.No.
National Parties SymbolReserved
Address
2. Bharatiya Janata Party Lotus No.1, AshokaRoad New Delhi
110 001
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25. The Bharatiya Janata Party appears to be organized as a bodyof persons though the precise nature of the arrangement
between such persons is not known to the plaintiffs.
The voter details of the plaintiffs:
26. The plaintiffs in the present plaint have secured theirregistration in the rolls to certain assembly constituencies in
the State of Karnataka in terms of the controlling law, the
Registration of Electors Rules, 1960. Their voter information as
reflected through the means of a voter identity card issued by
the Election Commission of India is as under:
SlNo
Name of the Plaintiff Registered tovote in the
Stateassembly
Constituencyof
Voteridentificatio
n numberprovided bythe ElectionCommission
of India.
1. Sri Abraham T.J. No.161C.V.RamanNagara
WZU3171758
2. Sri Mohan Raj No.174Mahadevpura
3. Dr.S.M.Gopal No.144Srinivasapura
RCS7656044
4. Sri Jayarama.H.V. No.185Channapattana
XDH2507622
5. Sri Nagesh T. No.185Channapattana
XDH2507176
6. Sri Jayaramaiah No.182 Magadi WUF34261337. Sri Suhail Baig No.162
Shivajinagara
AKB0476768
8. Sri Srinivasa.B.V No.l70Basavanagudi
XHL28679
9. Sri S.Suresh No.169Chikkpet
YUZ1710862
10. Sri Kumaraswamy.M.C No.154Rajarajeshwari-
REJ6112551
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nagar
11. Sri Ramakrishnappa No. 175Bommanahalli
UHN4199246
12. Sri Srinivasa.H.R. No.169Chikkpet
YUZ3429248
13. Sri S.Ravichandran No.151K.R.Puram
UZJ0418616
27. The copies of the voter identification cards issued by theElection Commission of India to each of the plaintiffs to this
suit are produced herewith and marked as:
Sl.No.
Plaintiff Document No.
1. Sri Abraham T.J 1.2. Sri Mohan Raj 2.3. Dr.S.M.Gopal 3.4. Sri Jayarama.H.V 4.5. Sri Nagesh.T 5.6. Sri Jayaramaiah 6.7. Sri Suhail Baig 7.8. Sri Srinivasa.B.V 8.9. Sri S.Suresh 9.10. Sri Kumaraswamy.M.C 10.11. Sri Ramakrishnappa 11.12. Sri Srinivasa.H.R. 12.13. Sri S.Ravichandran 13.
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Elections to the 13th Legislative Assembly constituencies of
Karnataka:
28. The elections to the 13th Legislative Assembly constituencies(referred to also as the 13th Vidhana Sabha, wherever the
context admits) of Karnataka was held on 10-May-2008, 16-
May-2008 and 22-May-2008.
Promise Sheet released by the BJP: (in the interest of
narration, past events of interest to this suit shall, wherever
appropriate, be described in the present tense):
29. Dozens of political parties were contesting against each otherin the elections to the 13th Vidhana Sabha. To distinguish
oneself from the rest, the BJP came out with a promise sheet
in a booklet specially prepared, printed and published by it.
30. A copy of the promise sheet issued by the BJP for the purposeof the elections to the 13th Vidhana Sabha is produced
herewith and marked as Document No. 14. The same is in
English. A copy of the said promise sheet published by the
BJP in Kannada is produced herewith and marked as
Document No.15.
The BJP spearheads its campaign across the State primarily
through its promise sheet:
31. At the very outset, the promise-sheet published by the BJPwas widely distributed by it across the State of Karnataka and
was also disseminated by it in the form of wide and recurring
public announcements and advertisements. Its agents,
workers and candidates took every available opportunity to
inform the voters about the solemn nature of the pledge
contained in its promise sheet. In other words, the very
canvassing by the BJP through its candidates in the elections
to the 13th Vidhana Sabha was made on the content of its
promise sheet.
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The Promises by the BJP in its promise sheet were designed
to invite serious attention:
32. It is noteworthy that the BJP in its promise sheet has madeseveral references to the mis-rule and mis-deeds of its rivals
in the earlier term when those parties had secured
administrative power in the State. In drawing such
comparison, it evidenced an intention that a voter who would
chance upon the BJPs promises would take its statements
with greater seriousness. That is, when a person A who
would criticize another B publicly for not having performed a
certain thing and then goes on to proclaim that he would do
that very thing with better and greater efficiency, a reasonable
person would only infer that A has done so for purpose of
inviting serious consideration by the voters to his claim in
contrast to the parallel claims that may also be made by B to
the public. As such, the election promises made by the BJP
demonstrate a desire for serious consideration by the voters
to the elections to the 13th Vidhana Sabha.
The BJP knew that a voter is expected to act reasonably:
33. Further, the BJP clearly knew that a voter acting reasonablyand complying with the following laws in force could not have
chosen to vote for any specific candidate on the basis of:
Factor: Forbidden by:
a) Bribe offered by acandidate.
Section 123(1) of theRepresentation of People Act,1951.
b) Undue influence Section 123(2) of theRepresentation of People Act,
1951.
c) Fear, threat of injury orsocial ostracism, ex-communication or
expulsion from thecommunity, fear of divinedispleasure or spiritualcensure.
Proviso to Section 123(2) ofthe Representation of PeopleAct, 1951.
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d) Religion, race, caste,community or language
Section 123(3) of theRepresentation of People Act,
1951.
e)34. As such, a voter acting reasonably and not breaching the
election laws in force would inevitably rely upon the election
promises made by the various political parties to choose that
party which, he thinks, would perform the pledged promises
upon coming into power and thereby secure the interests of
the community and the individuals within that community
that are of interest to that voter. Further, as a voter would
ordinarily lack the means to detect any fraudulent intent in a
partys promise sheet, he would obviously be in no position to
doubt the honesty with which such promises came to be
made.
The promise sheet was the product of a careful planning and
preparation:
35. In view of the fact that the election to the 13 th Vidhana Sabhawas duly notified well in advance and the prospect of the
happening of the said election was also anticipated well in
advance, the promise sheet prepared and published by the
BJP should be taken to be a product, the preparation of
which was attended by sufficient reflection, consideration and
deliberation.
The promise sheet seeks serious attention of all voters to the
elections to the 13th Vidhana Sabha:
36. The promise sheet begins by criticizing the rival politicalparties for their poor showing during their previous term ofgovernance. Thereby, the stage was set by the BJP to inform
the voters to the assembly constituencies that the promise
sheet published by the BJP was to be taken seriously. The
various promises by the BJP in its promise sheet may be
classified into two categories based on whether or not the
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extent of complete performance of a given promise was to be
expected within the 5-year term that is afforded to a political
party that is seated to power.
Specific, definite, limited and quantifiable promises that were
made by the BJP through its promise sheet as understood by
these plaintiffs as capable of performance and completion
within the 5-year term that it would enjoy should it emerge
successful in the elections: (the reference to actionable
promises throughout this plaint shall only mean the
following specific and quantifiable promises; however, this
understanding reached by these plaintiffs does not
necessarily bind the other members of the class which these
plaintiffs represent fresh plaintiffs who are added into this
suit may disagree with these plaintiffs and treat some of the
promises that these plaintiffs consider to be of a very general
nature as also capable of specific meaning in the context of
their special facts and circumstances)
To the Poor
1. We propose to recognize families with annual income uptoRs.30,000/- as extremely poor and those with annual
income above Rs.30000/- and upto Rs.60,000/- as poor.
2. Food grains at subsidized price. (Rice at Rs. 2/- per kg toextremely poor families).
3. Assistance to women upto Rs.1,000/- for each hospitaliseddelivery. (including private hospitals)
4. Bhagya Lakshmi scheme: Enhancing maturity value toRs.1.00 lakh from the present Rs.34,000/- when the girl
attains the age of 18 years.
5. Pension of Rs.400/- per month to helpless divorced womenand widows with children.
6. Allowance of Rs. 400 per month for physically handicapped.7. Waiver of loans under housing schemes like Ashraya, Indira
Awas etc., Future loan amount to be increased to
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Rs.40,000/-
8.
Provision of sites and houses to siteless and houselessfamilies during the next 5 years (15 lakh houses).
9. Cyber Cafe in every village: Fruits of I.T. must reach everyvillage. This will be made possible by providing in each
village;
A Community Hall, a Colour TV and a Computer (with
internet). This would provide Benefits like:
a. Education and Entertainmentb. Information on agriculture, weather, prices etc,c. Communication with government and others,d.Centre for social and cultural activities.
For Farmers
10. Free power to farmers having irrigation pump sets upto 10H.P. (about 16 lakhs).
11. Interest rate of 3% on crop loans to farmers borrowing fromnationalised banks and RRBs. Weavers, fishermen and
artisans also to be provided loans at 3%. Differential of
interest rates to be reimbursed to banks by the state
government.
12. To create a revolving fund of Rs. 500 crores for agriculturalsupport price.
13. Payment of production assistance of Rs.2/- per liter of milkdirectly to the milk producers.
For Women
14. Free education to girls upto degree class.15. Seed capital for women self help groups to be raised to Rs.
10,000 from Rs.5,000. Loans to SHGs at 6% interest.
16. Provision of a mobile telephone to SHGs, mahila mandals &youth clubs.
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For Scheduled Caste, Tribe, Backward Class and Minorities
17.
Adequate funds for welfare of SCs, STs, BCs and Minoritiesand an effective monitoring system for implementation of
programmes.
18. Increase in food charges in student hostels from Rs.500/- toRs.750/- per student per month.
For Youth
19. Jobs for youth: Skill development programmes forunemployed young men and women with a stipend of Rs.
1500 per month.
1.2 INFRASTRUCTURE DEVELOPMENT Power
20. Doubling power production to 10,000 MW during the next 5years.
Roads and other connectivity
21. Master plan and setting up an appropriate authority toprovide good quality road connectivity throughout the state
during the next 5 years. (Rs.25,000 crores)
Kannada Language and Culture
22.
Encouragement to charitable organizations runninginstitutions such as orphanages, old age homes, hostels for
poor etc. (Rs.100 crores per year)
3.1 HUMAN RESOURCE DEVELOPMENT
23. Total literacy within three years.24. "Bhagyalakshmi" Scheme for a female child, enhancement
of maturity value from Rs. 34,000 to Rs. 1,00,000.
25. Free education to women up to degree class.HEALTH CARE
26. Community Health Insurance will be provided to those uptoRs.60,000 annual income. Treatment for accident victims,
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emergency surgery, heart, kidney ailments, Cancer, Aids etc
will be covered.
27. Assistance to women upto Rs. 1,000 for each hospitaliseddelivery. (including private)
WOMEN'S WELFARE
28. Free education to all women till degree class.29. Self - help and sthree-shakti institutions to be
strengthened. The seed capital will be increased to Rs. 10,000
from 5,000.
30. Payment of allowance of Rs.400 per month to poor divorcedwomen till they remarry.
31. Maternity leave for government officials to be extended tofour months from 3 months.
YOUTH WELFARE
32. Jobs for youth - skil l development /certificationprogrammes on a large scale for young men and women. Rs
1500/- per month allowance during training period
3.7 SOCIAL WELFARE
33.
Improving management of SC/ST hostels. Enhancingallocation for food, from Rs.500 to Rs.750 per student per
month.
34. Valmiki Community Halls will be constructed in the districtswhere Valmiki population is high.
Labour Welfare
35. Family welfare fund for auto drivers. Compensation foraccidents to be enhanced to Rs. 1 Lakh from Rs. 50,000/-.
EMPLOYMENT GENERATION
36. Skill development / certification programmes in varioustrades; allowance of Rs.1500 per trainee per month.
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Our focus will be on
37.
Cyber Cafe in every village:38. Community Halls / Common utility centers in each village
will be provided with color TV and computer with internet
connection. This will serve educational and entertainment
needs of villagers, provide information on agricultural and
other matters and faster communication facilities. Local
people will be trained in computer literacy. This will also
expand employment opportunities.
39. Agriculture Revolving Fund with Rs. 500 crores for supportprices of agriculture produce.
40. Cold storages and processing units.3.11 DAIRY AND ANIMAL HUSBANDRY
41. Production assistance of Rs.2 per liter of milk directly to themilk producers
3.12 FISHERIES
42. Increasing subsidised loans to poor fishermen to Rs.10,000.Future plans
43. Enabling 5 lakh employment opportunities, direct andindirect.
Steps to promote language and culture
44. Kalabhavan and auditoria facilities in all districts where theartistes can exhibit their talents round the year.
Review of charitable and religious endowment act
45. Grants to temples will be increased from Rs.500 per month toRs.1000 per month.
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General promises contained in the promise sheet:
37. The following promises of a general nature were contained inthe promise sheet of the BJP and the same did not influence
the voting behaviour of these plaintiffs as such promises were
not quantifiable and did not elicit any material reliance from
these plaintiffs to a degree sufficient to constitute an
expectation that upon a vote made in favour of the BJP in the
election, a binding obligation would be incurred by the BJP to
perform the following promises as the promises themselves
were of an indefinite timeframe or were vague, lacked
specificity or did not evince any objective standard with which
to adjudge performance, in the estimate of these plaintiffs.
To the Poor
1. 'Kanya Dana' scheme - assistance for mass marriages.For Farmers
2. Measures to provide support price to sericulture.3. Formulation of land acquisition policy to ensure right price to
farmers' lands and transparent acquisition procedures.
4. Removal of restrictions on conversion and sale of agriculturallands.
For Farmers
5. Measures to provide support price to sericulture.6. Formulation of land acquisition policy to ensure right price to
farmers' lands and transparent acquisition procedures.
7. Removal of restrictions on conversion and sale of agriculturallands.
For Scheduled caste, Tribe, Backward Class and Minorities
8. Increase in food charges in student hostels from Rs.500/- toRs.750/- per student per month.
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For Youth
9.
Set up a State Youth Council and formulate a Youth Policy.
10. Encouragement to sports; recognition of sports persons whohave won awards at national level.
11. Provision of quality education and health services for all.12. Maintain Karnataka's pre-eminent position in science and
technology including Information and Bio Technology.
Making Bangalore a World Class City
13. Directly elected Mayor.14. Metropolitan Planning Council.15. MetropolitanTransport & Traffic Authority.3.1 HUMAN RESOURCE DEVELOPMENT
16. Interests of students of the state to be protected in admissionto professional courses.
YOUTH WELFARE
17. Financial assistance to one best Yuvaka Mandal and YuvathiMandal in each Panchayat area every year.
For Youth
18. Encouragement to sports; recognition of sports persons whohave won awards at national level.
Education Health
19. Provision of quality education and health services for all.20. Maintain Karnataka's pre-eminent position in science and
technology including Information and Bio Technology.
INFRASTRUCTURE DEVELOPMENT POWER
21. Separate Rural Grids to improve power supply to rural areas.22. Encouragement to private investors.
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Water and Irrigation
23.
Providing safe and adequate drinking water to all towns andvillages as per prescribed standards.
24. Effective utilization of Karnataka's share of water underKrishna and Cauvery basins.
25. Kalasa Banduri drinking water project to be pursuedvigorously.
Roads and other connectivity
26. Exerting pressure on Central Government for development ofRailways, Airports and Ports.
Tourism
27. Developing a Master Plan to develop Karnataka as the leadingTourism State during the next 5 years.
Industrial Development
28. Measures to improve industrial climate in the state.29. Considering regional advantages in the state, promotion of
special industrial zones for Steel, Cement, Food Processing, IT
& BT.
Urban Development
30. Plans to develop towns and cities with necessaryinfrastructure and civic amenities.
31. Projects to upgrade infrastructure roads, water, sewerage,transport etc.
32. Action Plan to improve environment- greenery, lakes,pollution control.
Security
33. Formulate Security Policy for the state to contain terrorismand naxalism.
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34. Strategies to deal effectively with crime, maintain law andorder, provide protection to citizens.
Governance & Correcting Regional Imbalances
35. Measures to improve efficiency, reduce corruption andspeed up delivery of services.
36. Strengthening Lok Ayukta.37. Exert pressure on Central Government to confer special status
to Hyderabad Karnataka region under Art.371 on the lines of
Telengana and Vidharbha regions.
38. Involving non-governmental organizations in monitoringimplementation of government programmes
39. Implementation of Dr.D.M.Nanjundappa CommitteeReport to redress regional imbalances.
40. Issue of Multi-Purpose Identity Card.Kannada Language and Culture
41. Measures to protect Kannada Language and Culture.42. As per the Constitutional provisions, protection of cattle and
prevention of cow slaughter.
45 Classical language status for Kannada: Exert pressure onCentral Government.
46 Construction of memorial to Dr.Rajkumar.3.1 HUMAN RESOURCE DEVELOPMENT48 Human resource development starts with the child. BJP is
committed to providing the facilities every child must enjoy.
49 Healthy childhood.50 Quality Education.51 Abolition of child labour.52 Prevention of child trafficking.
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53 Protection from HIV / AIDS / Polio and such other diseases.EDUCATION
54 Primary education in Kannada/ mother tongue, thereafter,facilities to learn English, Hindi and Computer skills.
55 Midday meals in schools to be made more nutritive andhealthy.
56 Providing necessary infrastructure in all schools includingfacilities of toilets.
57 More hostels for SC, ST and Backward classes at Taluk level.58 Progressive reduction of teacher - student ratio in schools to
enhance the quality of education.
59 More opportunities for vocational education.60 Pre university level student counseling centers to be
established at district centres.
61 Education fund to provide easy loans for students pursuinghigher education.
62 More autonomy to universities.63 Deserving private schools to be brought under grant - in- aid.64
Establishment of Sanskrit University.
65 Setting up Education Tribunals.HEALTH CARE
66 The aim is to provide good quality healthcare at affordablecost to everyone.
67 Protection from epidemics through immunization.68 Effective steps to reduce birth rate, infant mortality and
maternal mortality.
69 Encouragement to medical systems like ayurveda, naturecure & yoga.
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70 Measures to improve the quality of all medical andparamedical educational institutions.
71 Primary Health Centers at hobli level to be upgraded toCommunity Health Centers with 30 bed facilities.
72 Stringent measures to curb spurious and substandardmedicines.
73 Life saving drugs to be exempted from taxes.74 Round the clock services of mobile healthcare units at taluk
level and along highways.
75 Free eye camps and providing spectacles to senior citizens.76 Telemedicine system at PHC level.77 Free eye camps and providing spectacles to senior citizens.3.4 DRINKING WATER AND SANITATION
78. The aim is to provide safe drinking water to all habitations inurban and rural areas of the state.
79. Effective utilization of water resources.80. Measures to prevent pollution of water sources.81. Safety measures to prevent fluorosis and other water borne
diseases.
82. Promote water conservation measures such as rain waterharvesting, recharging of wells and recycling of water.
83. Measures to improve sanitation and promote awarenessthrough Sthree Shakthi and Self Help groups.
84. Underground drainage system to be introduced in a phasedmanner in all towns.
WOMEN'S WELFARE
85. Women to be involved in health, education and socialawareness programmes; they will be imparted vocational
training.
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86. Financial assistance to voluntary organizations to buildworking women's hostels.
87. Effective legislation for protection of women againstharassment at working places.
88. Incentives and guidance for women entrepreneurs.89. Appointment of women police staff to prevent atrocities on
women and establishment of more all - women police stations.
90. Assistance to mahila mandals and yuvathi mandals forconstructive activities.
91. Assistance for 'Sthree Shakti Bhavans in all taluka centers.92. Incentives for widow remarriage and intercaste marriages.93. Anganavadi workers and teachers to get more facilities.94. 33 percent of the individual oriented facilities in the SC/ST,
Minorities and Backward Classes Development Corporations
to be provided to women.
YOUTH WELFARE
95 The aim is to promote effective participation of youth innational reconstruction activities.
96 Establishment of 'State Yuva Parishat' on the lines ofNational Youth Council formed by the NDA Government at
Centre.
97 Formulation of State Youth Policy.98 Employment Information Centres and employment training
programmes.
99 Awareness programmes on clean environment and health.including diseases like Leprosy, AIDS, Polio, Malaria etc.,
100 Encouraging Sports and Cultural activities.101 Career guidance for education and employment at pre-
university education level.
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102 Training for competitive tests and examinations.103
Felicitation of patriots, paying tributes to soldiers whosacrifice their lives.
104 Creating awareness against social exploitation.105 Encouragement to vocational expertise by way of awards.3.5 SOCIAL WELFARE106 Waiver of loans under Ashraya housing scheme.107 Funds under special component plan meant for SC/STs not
to be diverted and the full amount to be spent through a single
window system.
108 Rules for issuing caste certificates to be simplified, and madevalid for ten years.
109 Housing to be provided for the houseless. Self employmentprogramme assistance, to the jobless on the basis of eligibility.
110 Atrocities on SC/ST population will be dealt with severely byestablishing vigilance cells which include peoples
representatives at district level.
111 Action to fill up back log vacancies on priority.112 Internal reservations among SC/STs to be reviewed.113 Awareness camps to highlight the rights of SCs/STs and the
programmes meant for them.
114 Special training for competitive exams.115 Funds for Banjara Welfare.116 More funds for backward class welfare.117 Backward class hostels to be improved.118 Encouragement for girls education.Minority Welfare
119 Financial assistance to set up training centres to promote self-
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employment.
120
Measures to improve quality of education in Urdu schoolsand to appoint Kannada teachers.
121 Urdu knowing Anganwadi worker to be appointed whereverrequired.
Welfare of the Physically Challenged
122 Government will provide assistance for life insurance andhealth insurance to physically challenged.
123 The nature and level of disability will be entered in the identitycard
124 Disabled will be given due representation in governmentemployment
125 A State level committee will oversee the implementation of therights of the physically challenged.
126 Provision of accessible infrastructure facilities in all publicoffices, schools, hospitals, etc.
Senior Citizens
127 Opening Geriatrics wing in district hospitals to attend totreatment of senior citizens.
128 Suitable concession for bus travel.Labour Welfare
129 Welfare programmes for workers in unorganized sectorsuch as, autorikshaw
130 Drivers, garment workers transport employees etc.131 Suitable action to redress the problems of contract and daily
wages employees.
132 Insist on the appointment of Kannadigas in Group 'D'posts in Central Government public undertakings in the state.
Welfare of Ex-servicemen
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133 Suitable assistance for employment, housing and children'seducation.
134 Enhancing compensation for families of ex- servicemen, whodie in action.
135 Establishing a Veera Soudha in each district; assistance toex-servicemen, organizations at district level.
136 Urban facilities in Rural Areas, village and townshipdevelopment programmes. to provide roads, housing, schools
etc.
Tourism :Tremendous potential to generate employment.
137 Emphasis on vocational education.138 Promote all applications for jobs through on-line process and
cut down application fee.
3.9 RURAL DEVELOPMENT
Our focus will be on
139 Development of rural infrastructure during next 5 years -roads, water, power and communication.
140 Improving finances of Panchayat Raj Institutions. The 3rdFinance Commission was appointed by the last coalition
government to suggest ways and means to improve the
financial conditions of local bodies.
141 Plans to extend Business Process Outsourcing (Call centers)to semi- urban and rural areas - will generate employment.
Reforms in Land use
142 Agricultural Products Exchanges with a view to get themaximum price.
143 Provide loans at lower interest rates, under agreement ofpurchase of the produce.
144 Effective implementation of crop insurance scheme.
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145 Subsidy for purchase of tractor & trailers.146
Quality electricity supply to irrigation pumpsets.
147 Extend Drip irrigation concession to the entire state.148 Special attention to sugarcane. Higher support price.Horticulture
149 Priority to marketing facilities including processing unitand cold storages.
150 Encouragement to Coconut, Areca and Cashew.Institutionalizing the support price system.
151 Problems of small growers of coffee, tea, coca, cardamom,pepper, tobacco and rubber to be addressed.
152 Encouragement to export of flowers, fruits, vegetables andtheir seed production.
Sericulture
153 Measures to improve sericulture farming and support priceprovision.
3.11 DAIRY AND ANIMAL HUSBANDRY
154 Nutritious animal feeds at low cost.155 Development of highly productive breeds.156 Services of veterinary doctors and livestock inspectors to be
extended to more areas.
157 Protection of cattle and prevention of cow slaughter, as per theConstitutional provisions.
3.12 FISHERIES
158 Construction and maintenance of jetties, cold storages andice plants, housing for fishermen, fisheries, roads,
simplification of accident insurance rules, encouraging inland
fisheries.
159 Diesel subsidy and concessions for mechanised boats.
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160 Power supply at concessional rates to ice plants and coldstorages.
3.13 CO-OPERATION
161 Small farmers in rural and semi-urban areas are dependenton cooperative societies for loans. To facilitate low interest
rates and easy loans, the present three tier system of
agriculture refinancing system will be reduced to two- tier.
162 Responsibility to co-operative societies to oversee the regularpayment of salaries to their employees.
163 Strengthening democratic principles and enabling co-operative institutions to compete with private sector.
164 Encourage co-operative societies auditing by charteredaccountants.
3.14 ENVIRONMENT PROTECTION & FORESTS
165 The goal is to achieve sustainable developmentEnvironment Protection
166 Action to prevent encroachments and pollution of watersources.
167 Environment protection to be included as a subject for studyin High Schools.
168 Encouragement to cleaner production techniques.169 Action to discourage use of plastic.170 Support to Environment protection activities by NGOs.171 Priority to air pollution prevention.172 Encouragement for production of bio diesel and bio-energy.
Support to growing crops like Jatropa, Pongamia, Mahua, and
Neem.
173 Support to production of energy from urban waste throughNanotechnology and other means.
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Forest Development
174
Encouragement to Social Forestry.
175 Maintain ecological balance by developing multi-cultureplantations in place of mono- culture of Acacia or Eucalyptus.
176 Encouragement to growing medicinal plants.177 In accordance with the unanimous resolution of the state
Legislature, long standing cultivators living in forest lands will
be protected.
178 We are committed to comprehensive forest development andforest protection.
3.15 URBAN DEVELOPMENT
179 Safe and adequate drinking water.180 Sanitation and underground drainage.181 Quality roads and footpaths.182 Street lamps to every road.183 Improvement of waste disposal system.184 Competitive public transport system providing opportunities
to private sector.
Programmes for Urban Poor
185 Improving education and healthcare facilities.186 Housing facilities.187 Providing employment opportunities through vocational
training facilities.
Housing
188 Plans to provide affordable housing facilities to all weakersections including slum dwellers in next 5 years.
189 Provision of basic amenities in slum areas.190 Land use conversion rules will be simplified.
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Urban Governance
191
Decentralization of administrative and financial authority tourban local bodies.
192 Direct election to the post of Mayor in corporation cities.193 Ward committees will be established for better citizen
participation.
194 E-governance for better services.195 Simplification of property tax system.196 Improve security system for protection of citizens.197 Constitution of Citizen Advisory Committees, including
experts for better administration and performance
monitoring.
3.17 INFRASTRUCTURE DEVELOPMENT Power
198 Encourage private participation in power production.199 Reduce transmission and distribution losses.200 Promotion of renewable energy sources.201 Exclusive Power Generation Unit for Bangalore3.18 TOURISM
Future plans
202 Provision of good and affordable tourist facilities.203 Good roads to tourism spots.204 Security to tourists.205 Production of good information literature and appointment
of knowledgeable guides.
206 Encourage regional specialties.3.19 DRINKING WATER AND IRRIGATION
207 Provide safe drinking water to all rural and urban areas.208 Take measures for utilizing our irrigation capacity fully.
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209 Utilize our share of water in Krishna and Cauvery basins.210
Network the westward rivers for efficient water managementso that the coastal fresh water requirements for drinking,
irrigation, and fisheries are met.
211 Renovation of irrigation canals for efficient utilization.212 Complete KalasaBanduri project implementation.213 Improvement and completion of canal distribution network
in all command areas.
214 Suitable policy and steps for integrated water resourcesmanagement.
215 Formation of water resources regulation authority.216 Promotion of water users associations and federations at all
levels.
Minor Irrigation
217 Rejuvenation of tanks, reservoirs and Kalyanis for minorirrigation.
218 Ground water recharge to prevent depletion of ground water.219 Strengthening water user associations for efficient water
management.
3.20 ROAD NETWORKING
220 In today's world good roads are a sign of civilized progress.Our aim is to expand the road network and improve the
quality of roads.
221 A master plan will be prepared to develop a time boundprogramme of networking roads between districts and State
Capital, Taluks and Districts, Villages and Taluks.
234 Formation of ring roads in cities wherever required.235 Encourage private participation in road development,
including toll roads.
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236 Involve local residents in acquiring land for widening existingroads.
237 Encourage healthy competition by allowing private busesalong the nationalised routes, wherever necessary.
238 Provide rest houses, along National and State Highways.Toilets and Bathroom facilities to women passengers in
particular.
239 Measures to reduce vehicular air pollution, encourage use ofLPG/CNG fuel, and bio-fuels.
240 Improve railway network- pressure on central government.241 Intra-state aviation development encouragement to private
sector.
3.21 SCIENCE AND TECHNOLOGY Towards knowledge society242 The State is proud of our scientists who have placed Karnataka
in the forefront of the scientific field internationally.
243 The government has a role to inspire the scientific communityand take the research from lab to land. The benefit of
research should reach the farmers.
244 Promotion of E-Governance system in the functioning of thegovernment departments so as to have transparency and
speed in administration.
245 Every panchayat and municipality will become an e-sevacenter where information about different public services can
be accessed.
246 Technology parks will be established in all districts.247 Knowledge workers and skilled technicians will be produced
in good number to cater to the knowledge based Industries.
3.22 INDUSTRIAL DEVELOPMENT
248 The aim is to create an enabling environment for industry toflourish in the state and take Karnataka to the top position in
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industrial development in the country.
Measures to promote industrial growth
249 Increase the pace of infrastructure provision.250 Plans to rejuvenate small-scale industries.251 Captive power plants of industries to be exempted from taxes.252 Karnataka to be further developed as a center of IT/BT,
pharmaceutical and electronic industries.
253 Encouragement to NRIs and Non Resident254 Kannadigas to invest in the state.255 Based on regional advantages in the state, promotion of
special industrial zones for-steel, cement, food-processing. IT
and BT.
Redressal of Weavers' problems
256 Regional specialties will be encouraged to produce valueadded products of consumer demand and setting up of
weavers parks.
257 Support to handloom products.258 Subsidies will be released regularly.259 Assistance to weavers in Healthcare, housing, education and
workshed facilities.
260 Group insurance will be provided to weavers.261 Loans at 4% interest.Steps to promote language and culture
262 Use of Kannada as official language at all levels.263 Construction of Memorial to Dr. Rajkumar.264 Encourage local artists and technicians.265 Monthly pension to aged artists.266 Efforts to protect the Folklore of the state.
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267 Priority to protect Hampi and its ancient monuments.268
Encouragement to Kannada activities beyond the stateborders. Kannada Bhavans in Talukas in border areas.
269 Action on report of committee under Mukyamantri Chandru.Films
270 All facilities will be extended to Kannada films shot inKarnataka.
271 Suitable reforms in tax exemptions to Kannada films.Review of charitable and religious endowment act
272 Assistance to revive rural temples.273 Aradhana Scheme will be strengthened.274 Resurrection of temples by involving local people.3.24 CORRECTING OF REGIONAL IMBALANCES
275 The present Karnataka state was formed in 1956 with regionsfrom Old Mysore Hyderabad-Karnataka, Bombay-
Karnataka, Madras Presidency and Kodagu. Even after 5
decades, the state suffers from regional disparities. BJP is
committed to improve the economic prosperity of all the
regions in the state.
276 We will exert bring pressure on the Centre to accord specialstatus to Hyderabad-Karnataka region under Article 371 of
Constitution of India on the lines of Telangana and Vidarbha
regions.
277 Dr.D.M.Nanjundappa committee Report on RegionalImbalances was kept in cold storage by the previous
Congress party led Government. It was
Shri.B.S.Yeddyurappa, as Deputy Chief Minister who in his
budget provided the required funds to implement the
recommendations of report and proposed a special
Development Plan. We are committed to the full
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implementations of these recommendations and correcting
the regional imbalances.
Measures to improve governance in backward regions.
Plans to augment resources
278 Maximize collections under Commercial Taxes, Excise,Transport and Stamps Registration by plugging loopholes for
evasion.
279 Examine possibility of further reforms under VAT280 Review of user charges for various services where there is
scope for additional revenue.
281 Cost cutting measures and improving project management.3.26 GOVERNANCE REFORMS
282 Political power is an opportunity to serve people. Goodgovernance depends on how government institutions are run.
Reforms measures
283 De-centralization of powers to local bodies, this will reducethe burden on the people to visit state headquarters.
284 Re- engineering the bureaucracy.285
Strengthening Lokayukta.
286 Speedy justice by Alternative Dispute Resolutionmechanisms.
287 Set up evening courts in all Taluk places.288 Construction of Suvarna Soudha in Belgaum.289 E-governance.Multi purpose identity cards
290 To confirm the identity of a person.291 Age proof292 To avail facilities provided by Govt.
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293 Easy documentation for purposes of securing loan,insurance and other financial transactions,
294 Protection against fraud295 Help to Police in crime detection.296 Authentic information to employers.297 Caste certification.
Seriousness behind the promise:38. In page 2 of the promise sheet, Section 1.1 begins with the
heading
1.1 PROMISE BACKED BY PERFORMANCE
In and of itself, the aforesaid title would commend itself to a
reader of the promise sheet that similar pledges that were
made earlier were performed by the party.
The plaintiffs materially rely upon the BJPs promise sheet:
39. The plaintiffs perused the promise sheet prepared, published,distributed and disseminated by the BJP. Its agents and
candidates for the various constituencies had repeatedly
stressed, in the public, that the promises contained in the
BJPs promise sheet were very different in nature from those
contained in the promise sheet of rival political parties and
that the specific promises that were contained in the BJPs
promise sheet were made only after a careful and honest
reflection and deliberation and that all of such promises as
were specific and time bound were meant to be implemented
within the 5-year term that would be available to the party
should it emerge as a winner in the ensuing elections.
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The plaintiffs were thereby induced to rely upon the
representations made by the BJP in its promise sheet to vote
for the candidates set up by it:
40. The plaintiffs did not have any means of discovering if thepromises made by the BJP in its promise sheet were in any
manner, dishonest. Further, considering the repeated and
recurring assurances that were made by the BJP, its agents
and candidates in regard to the solemn nature of its promises
and further considering the fact that its agents and
candidates had repeatedly stressed that the promises that
were made by the BJP were binding on it and that its rival
political parties had knowingly made false promises to
dishonestly induce their votes, the plaintiffs were compelled
to vote for the candidates set up by the BJP solely owing to a
belief that the promises made by it in its promise sheet were
binding upon the party should it be elected to power and thatthe party did not harbour any dishonest intention in the
making of such promises. As such, the plaintiffs were induced
to vote for the candidates set up by the BJP in the
constituencies in which the plaintiffs were entitled to cast
their vote.
Plaintiffs voted as under:
41. The plaintiffs, induced to vote for the candidates set up by theBJP and in materially relying upon the promises contained in
the BJPs promise sheet and in further expectation that those
promises were legally binding upon the BJP, proceeded to
vote as under:
Sl.No Plaintiff
Voted for the
candidate set upby the BJP
Constituency
Number andName
1. Sri Abraham T.J. S.Raghu No.161C.V.RamanNagara
2. Sri Mohan Raj Aravinda Limbavali No.174Mahadevapura
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3. Dr.S.M.Gopal Lakshmanagowda.M
No.144Srinivasapura
4. Sri Jayaram H.V. N.Ramesh No.185Channapattana
5. Sri Nagesh T. N.Ramesh No.185Channapattana
6. Sri Jayaramaiah P.Nagaraju No.182 Magadi7. Sri Suhail Baig Nirmal Surana No.162
Shivajinagara
8. Sri Srinivasa B.V. Ravisubramanya.L.A
No.l70Basavanagudi
9. Sri S.Suresh Dr.D.HemachandraSagar
No.169
Chikkpet
10. Sri KumaraswamyM.C.
M.Srinivas No.154
Rajarajeshwari-nagar
11. Sri Ramakrishnappa Satish Reddy.M No. 175Bommanahalli
12. Sri Srinivasa.H.R. Dr.D.HemachandraSagar
No.169Chikkpet
13. Sri S.Ravichandran N.S.Nandish Reddy No.151K.R.Puram
The BJP emerges as the winner in the elections held to the
13
th
Vidhana Sabha and forms the Government in the State ofKarnataka during the term thereof:
42. The BJP emerged as the single largest political party in theelections so held to the 13th Vidhana Sabha by contributing to
successful election for its candidates in 110 constituencies.
Without the support of any other political party but of 6
independently elected candidates, the BJP party formed the
government in the State of Karnataka and the Chief Ministerand Ministers to the State Cabinet were duly chosen and
installed by the BJP.
43. The Election Commission of India has published acomprehensive report on the outcome of the elections to the
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13th Vidhana Sabha. A copy of the said comprehensive report
published by the Election Commission of India on the
outcome of the elections to the 13th Vidhana Sabha is
produced herewith and marked as Document No.16.
The BJP wantonly, intentionally, fraudulently, deliberately or
recklessly fails to perform most of the promises that were
solemnly made by it in its promise sheet and on the strength
of which alone, the plaintiffs state that the party was voted to
power in the State:
44. The BJP grossly fails to perform most of the election promisesthat were made by it through its promise sheet after it
assumed power during the term of the 13th Vidhana Sabha.
The elections to the 14th Vidhana Sabha are scheduled to be
held on the 05-May-2013 and a notification thereto was
effected on 10-Apr-2013. Accordingly, with the coming into
force of the election code of conduct, the period that was
available to the BJP to reckon whether it had performed the
promises that were pledged by it during the previous
assembly elections has practically come to an end on 10-Apr-
2013. As of 10-Apr-2013, the BJP has failed to perform most
of the specific election promises that were made by it through
the promise sheet published by it for that purpose.
One instance of failed promise power generation was
promised to be raised to 10000 MW from the then 5000 MW.
The very capacity of the power plants in Karnataka did not
witness any increase beyond 6500 MW in the last five years:
45. A major promise made by the BJP in its promise sheet readas Doubling power production to 10000 MW during the
next 5 years. This promise should be taken as a blatant
fraud upon the voters in the State. Modern life and civilization
are nearly impossible to live without electricity and the BJP
clearly knew that. The power generation in the State is a
matter of profound and grave concern to nearly all the voters
in the State. In the past decade, frequent power cuts and
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outages across the State of Karnataka had created visible
frustration, economic losses and in many cases, ruin and
discontent amongst the voter population and the BJP should
be imputed with notice of such voter discontentment and
frustration at the relevant time.
46. Whether a voter lives in a city or in the villages, frequentpower cuts or absence of power is hugely disruptive to his
economic activity and it is only to be expected that a voter
would fervently want to know if a political party that seeks his
vote is even willing to increase electricity production in the
State. In this context, the promise made by the BJP that it
would double the production from 5000 MW to 10000 MW
should be seen as a blatant fraud upon the voters as the BJP,
while in power over the past five years did not even manage to
increase power generation from 5000 MW to 6500 MW.
47. The plaintiffs submit that they have made numerous queries,perused government data and reports and have therefore,
confirmed that the installed capacity itself in the State of
Karnataka as on 30-Apr-2013 does not exceed 6500 MW.
Also, there is a good deal of difference between installed
capacity and actual power generation. Rarely is a power plant
worked at 100% capacity and the actual generation therefore,
is estimated to be only around 6000 MW. This is a far cry
from the promised 10000 MW and the failure to generate
enough power in the State has contributed to definite and
quantifiable economic losses to these plaintiffs. Had these
plaintiffs, together with the rest of the voting population that
took the BJPs promises to be honest and therefore voted forthat party, been truthfully informed by the BJP that it does
not have the will, inclination or the ability to increase power
generation beyond 6500 MW over a period of five years, these
plaintiffs would never have cast their votes in favour of the
candidates set up by the BJP. Equally, these plaintiffs believe
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that the other voters in the State too might have refrained
from casting their vote in favour of the BJP had they been
truthfully, so informed. With such truthful disclosure, the
BJP might not have secured enough number of votes to
emerge as the largest political party in the elections to the
13th Vidhana Sabha. Assuming that some other political party
might have honestly sought to increase the power generation
in the State from 5000 MW to 7500 MW but altogether
omitted to state its promise in the belief that such a promisewould obviously fail to garner any attention amidst the tall
promise made by the BJP, these plaintiffs should be legally
held to have been deprived of the opportunity to be served by
a more honest political party which never did announce its
true intention and which therefore, could not appeal to the
votes of these plaintiffs. This is how, false election promises
genuinely hurt the voters and therefore, the very democratic
tradition, economic soundness, the mutual trust between the
administration and the people and the moral fabric of our
country.
48. The Karnataka Power Corporation Limited is a Governmentcompany that is engaged in the work of transmission of power
in the State of Karnataka. A report generated by it in respectof February, 2013 depicting the installed capacity across all
power generating plants in Karnataka is produced herewith
and marked as Document No.17. It may be noted from the
said document that the power generation across the State of
Karnataka from 29 different power plants stands at a meager
6498.91 MW during the month of February, 2013. Also, a
daily report generated by the same company in respect of 27-
Apr-2013 depicting the installed capacity across all power
generating plants as on that date is produced herewith and
marked as Document No.18. It is seen from the said report
that the installed capacity is shown at 6496 MW for the State
as a whole on 27-Apr-2013.
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49. Also, the plaintiffs submit that the office of the Chairman tothe Karnataka Power Corporation Limited appears to have
been reserved to the serving Chief Minister of the State. Sri
B.S.Yedyurappa held the position of the Chairman of this
company until 26-Aug-2011; Sri D.V.Sadananda Gowda held
it between 26-Aug-2011 and 24-Jul-2012 and Sri Jagadish
Shettar held the office of the Chairman from 24-Jul-2012.
Therefore, had only the promise of power generation invited
the serious attention of the BJP, with no less than the ChiefMinisters themselves positioned as the Chairmen to the
Karnataka Power Corporation Limited, the BJP would have
certainly made greater progress in the matter of power
generation. They did not do so because they mostly intended
to fraudulently defraud the voters when they knowingly and
dishonestly claimed in their promise sheet that they would
enhance power generation from the then 5000 MW to 10000
MW when in fact, their disregard of the voters true difficulties
is evident from the current generation merely reaching 6000
MW from the then 5000 MW.
50. The plaintiffs respectfully submit that a target of increasingthe power generation in the State by 5000 MW over a period
of 5 years is not unattainable and the practical doability andfeasibility of such an accomplishment is a factor that led
these plaintiffs to materially rely upon the representation
fraudulently made by the BJP.
Another promise cyber cafe in every village remains
largely unfilled.
51. More than 95% of the villages in the State of Karnataka didnot receive any cyber cafe over the past 5 years as promised
by the BJP and the rural voters are bound to be gravely
injured by reason of the breach thereof. Internet is today an
invaluable mode of communication and most rural voters
would consider themselves to have been economically
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deprived of the benefits of the internet due to such fraudulent
misrepresentation engaged in by the BJP. In the world of
commerce, if an individual would knowingly and fraudulently
promise a 100 when he knew that he could not even deliver 2
or 3, he would be legally held to have acted with evil intent
and motive. There is no good basis in the law to hold the BJP
to a lesser standard of culpability than is applied to the
ordinary citizens by our Courts.
The scheme of fraud played upon the unsuspecting voters by
the BJP:
52. The BJP clearly knew that its election promises would berelied upon by the voters to the legislative assembly
constituencies. A bare perusal of its election promise would
clearly indicate that the party fully knew what promises to
state in definite and precise language and what promises to
state in very general terms. Further, the party has also
exhibited a keen understanding of the distinction between
promises that were purported to be achieved within a given
timeframe and promises that were mere statement of future
efforts and were therefore, not strictly bound by any time
frame. Therefore, it is plainly evident from the election
promises made by the BJP political party that it clearly knewthe subtle and sophisticated distinctions between the several
election promises made by it. The BJP made the promises for
the sole purpose of inducing the voters to vote for the
candidates setup by that political party by means of reliance
upon the election promises made by it. The party therefore
committed an act of fraudulent misrepresentation in respect
of its several election promises by engaging in the following
acts and by leading to following causative chain of events:
a) false promises were knowingly, intentionally anddeliberately made by the BJP to the voters;
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b) the false promises were made with a full knowledge andexpectation that the voters would place reliance upon
such promises;
c) the false promises were made with further awareness ofthe intense competition that the BJP party had faced
from its rivals who would also make their own election `
promises;
d) the false promises were made with a view to inducevoters to rely upon the same as made with a honest
intention to believe that the promises would be
performed if the party was voted to power;
e) the false promises did induce the voters who lacked themeans to discover the fraudulent intent of the BJP
political party;
f) the voters who were induced to vote for the BJP politicalparty and who were unaware of its fraudulent intent did
cast their vote in favour of candidates set up by the
BJP;
g) the BJP therefore benefitted from the fraudulentmisrepresentation it made to the voters and emerged as
the single largest political party by securing 110
number of seats in the elections held to the State
Legislative Assembly;
h) the BJP then chose to remain unaccountablethroughout its five year term by recklessly disregarding
several of its election promises on the strength of which
alone it was elected to power;
i) the BJP, by remaining recklessly indifferent to its ownelection promises has established, to a definite legal
certainty, that several of its election promises were
fraudulent misrepresentations and were made with a
fraudulent intention to induce unsuspecting voters who
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lacked any means to detect the fraudulent intent of the
BJP in making its false election promises.
53. The BJP clearly knew that in order to distinguish itself fromits competitors, it should strive to present a desirable picture
of what it would definitively accomplish if it were voted to
power. In order to paint a picture which it expected to appeal
to the electorate, it must be held to have brazenly and
blatantly lied to the voters. Therefore, the BJP should be held
to have held out fraudulent misrepresentations for the
purpose of deceiving the voters about its true intent. However,
the fact that a person does not foresee the probable
consequences of his own actions does not thereby prevent the
occurrence of those consequences and the law of torts has
been developed over the centuries with the precise objective of
rendering a man answerable and accountable for the
consequences of his actions if any person has been
proximately injured or harmed thereby unless the connection
between the doer and the injured is not capable of giving rise
to a legal relationship. The connection between the plaintiffs
and the BJP political party in the circumstances of this case
was such as to give rise to a full-fledged legal relationship
between both.
The existence of a political party, in the light of pervasive
regulations to which it is already subject to, is solely to
promote public good and never for private gain or
aggrandisement.
54. The plaintiffs respectfully submit that the extent of regulationto which political parties are already subject to in our country
is best reflected in the information solicited by the Election
Commission of India in the matter of registering a given
political party. A copy of an application form that an aspiring
political party should submit to the Election Commission of
India for the purpose of securing its registration is produced
herewith and marked as Document No.19.
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55. Further, in terms of the discovery provisions of the Code ofCivil Procedure, 1908, a separate application has been made
to secure certain documents and materials in the custody or
possession of the BJP. In relation thereto, the fact that a
registered political party is already subject to pervasive
regulation would become greatly relevant in the matter of
curtailing any privilege, privacy or confidentiality that could
be claimed by the BJP in opposition to such discovery.
Elements of liability of the BJP in the facts of this case under
the law of contract for breach of promise or alternatively, in
the absence of the formation of a contract, on the common
law tort of fraudulent misrepresentation:
56. There was a promise which the promisor should reasonablyexpect to induce action or forbearance on the part of the
promisee. The BJP was not merely stating a future intention
but was pledging to conduct itself in a specified way or tobring about a specified result in the future. The BJP made
statements specifically to dispel the scepticism that usually
greets political speech and to convince the voters that it was
committing itself in a solemn fashion.
57. The promise induced such action or forbearance. It is too wellestablished that one who fraudulently makes amisrepresentation of fact, opinion, intention or law for the
purpose of inducing another to act or to refrain from action in
reliance upon it, is subject to liability to the other in deceit for
pecuniary loss caused to him by his justifiable reliance upon
such misrepresentation.
58. The BJP had said to the effect that, "I promise to increase thepower generation in Karnataka to 10000 MW from the
existing 5000 MW. As a statement of future intention, this
promise is characterized in tort law as a statement of fact. In
the context of power generation, the BJP did not merely state
to the effect that I will increase power generation in the
State. Had it stated as such, no cause of action for deceit
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would have been created, in part because the BJP did not
state a present belief as to a specific and actionable future
intention. Instead, it could be said to have merely used a
rhetorical device to convey the message, "I think I am a better
candidate." The distinction does lie in the specificity of BJPs
promise; by pledging to perform an act that only it could
perform and by stating its intention as a present fact, it
fulfilled the first and foremost element of the claim.
59. The BJP, at the time of making the promises to the voterswho were due to vote to the elections to the 13th Vidhana
Sabha knew that it would not fulfill the promise.
60. Furthermore, the representation was intended for a