1

IN THE COURT OF THE VACATION CITY CIVIL AND SESSIONS JUDGE AT BANGALORE ORIGINAL SUIT NO. BETWEEN: 1. Sri Abraham T.J. S/o Joseph T.A. Aged about 53 Years #2457, 16th "B" Main H.A.L 2nd Stage Indiranagar Bangalore-560 008 State of Karnataka Sri Mohan Raj S/o Ramu Aged, Major No.49, 1st Main, 7th Cross B.Nagasandra, Yamalur Post Bangalore 560 037 State of Karnataka Dr.S.M.Gopal S/o Patel Muniyappa Aged about 52 years Sheshapur, Lakshmisagar Panchayat Srinivaspur Taluk Kolar District 563 127 State of Karnataka Sri Jayarama H.V S/o Venkataiah H.K Aged about 54 years #156, Hottiganahosahalli Channapattana Ramanagaram 571 501 State of Karnataka Sri Nagesh.T S/o Thimmegowda Aged about 46 years #141/D, Hottiganahosahalli Channapattana Ramanagaram 571 501 State of Karnataka OF 2013

Plaintiff No.1

2.

Plaintiff No.2

3.

Plaintiff No.3

4.

Plaintiff No.4

5.

Plaintiff No.5

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6. Sri Jayaramaiah S/o Late Sanjeevaiah Aged about 41 years #57, Virupasandra Ramanagaram 571 511 State of Karnataka Sri Suhail Baig S/o Jabbar Baig Aged about 47 years No. 46, Millers 2nd Cross Road Benson Town Jayamahal Bangalore 560 046 State of Karnataka Sri Srinivasa B.V S/o Late Venkategowda Aged about 42 years No. 256, 9th Main, Nagendra Block Bangalore 560 085 State of Karnataka. Sri S.Suresh S/o S.Srinivasaiah Aged about 43 years No. 24-1-E, Basavanagudi Road Bangalore 560 004 State of Karnataka

Plaintiff No.6

7.

Plaintiff No.7

8.

Plaintiff No.8

9.

Plaintiff No.9

10. Sri Kumaraswamy M.C. S/o Chinnappaiah Aged about 37 years No. 208, 8th Main 4th Stage BEML layout Rajarajeshwarinagar Bangalore 560 098 State of Karnataka 11. Sri Ramakrishnappa S/o Venkatappa Aged about 52 years No.12, Subbaiah Garden Layout Hongasandra Bangalore 560 068 State of Karnataka 12. Sri Srinivasa H.R. Late H.T.Ramaiah Aged about 49 years No. 16/1, Jain Temple Street V.V.Puram Bangalore 560 004

Plaintiff No.10

Plaintiff No.11

Plaintiff No.12

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State of Karnataka 13. Sri S.Ravichandran S/o Shivadanam Aged about 36 years No.365, Venkataswami Reddy Layout B.Narayanapura Bangalore 560 048 State of Karnataka AND: 1. Bharatiya Janata Party Represented by its President Sri Rajanath Singh President at present as also during May, 2008 Having its Central Head Office at #11 Ashoka Road New Delhi 110 001 Sri D.V.Sadananda Gowda President during May, 2008 Bharatiya Janata Party, Karnataka and Former 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 Cross Malleshwaram Bangalore 560 003 State of Karnataka Sri Pralhad Joshi President Bharatiya Janata Party, Karnataka Having its Head office at: Jagannatha Bhavana #48, Temple Street, 11th Cross Malleshwaram Bangalore 560 003 State of Karnataka Sri B.S.Yediyurappa Former Chief Minister of Karnataka Sworn in as the 19th Chief Minister (30-May-2008 to 31-Jul-2011) Bharatiya Janata Party, Karnataka Having its Head office at: Jagannatha Bhavana

Plaintiff No.13

Defendant No.1

2.

Defendant No.2

3.

Defendant No.3

4.

Defendant No.4

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#48, Temple Street, 11th Cross Malleshwaram Bangalore 560 003 State of Karnataka 5. Sri Jagadish Shivappa Shettar Chief Minister of Karnataka Sworn in as the 21st Chief Minister Bharatiya Janata Party, Karnataka Having its Head Office at Jagannatha Bhavana #48, Temple Street, 11th Cross Malleshwaram Bangalore 560 003 State 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, Sri

K.V.Dhananjay, Sri M.P.Srikanth, Miss Anupama.R and Sri Gopala Krishna, Advocates, No.296, Magadi Main Road, Kamakshipalya, Bangalore 560 079. 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 in the cause title above.

About the Plaintiffs, in short:

4. The plaintiffs are citizens of India and residents in the State of 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 that were held to the 13th Vidhana Sabha of Karnataka on 10May-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 duly registered in terms of the applicable laws and regulations. In the elections held on 10-May-2008, 16-May-2008 and 22May-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, the defendant 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 13 th 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 public nature 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 votes in 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 the defendants 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 charter for 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 notified under the Constitution of India as Entry 8 to the First Schedule to the Constitution (Articles 1 and 4 of the Constitution of India). 12. Article168 of the constitution specifies that the Legislature of the State of Karnataka shall consist of the Governor, the Legislative Assembly and Legislative Council. 13. Article 170 of the Constitution speaks of the composition of the Legislative Assemblies. It states, in pertinent part, that: Article 170 Assemblies Composition of the Legislative

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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 by direct 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 of Article 170 of the Constitution of India, 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 the State 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 State constituted 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 election

Commission 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.

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18. Accordingly, the responsibility for the conduct of the election to a State Legislative Assembly is vested in the Election Commission of India. Articles 326, 327 and 328 may 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 not less 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 for securing 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 the House 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 of the 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 of a statute. Section 15 of 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, 1950 provides 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, 1951 regulates 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 6A thereof 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 House from not less than three States. 24. Accordingly, Entry 2 to Table 1 in Notification

No.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: Table 1 National Parties Sl. No. 2. National Parties Bharatiya Janata Party Symbol Reserved Lotus Address No.1, Ashoka Road New Delhi 110 001

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25. The Bharatiya Janata Party appears to be organized as a body of 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 their registration 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: Sl No Name of the Plaintiff Registered to vote in the State assembly Constituency of No.161 C.V.Raman Nagara No.174 Mahadevpura No.144 Srinivasapura No.185 Channapattana No.185 Channapattana No.182 Magadi No.162 Shivajinagara No.l70 Basavanagudi No.169 Chikkpet RCS7656044 XDH2507622 XDH2507176 WUF3426133 AKB0476768 XHL28679 YUZ1710862 Voter identificatio n number provided by the Election Commission of India. WZU3171758

1.

Sri Abraham T.J.

2. 3. 4. 5. 6. 7. 8. 9.

Sri Mohan Raj Dr.S.M.Gopal Sri Jayarama.H.V. Sri Nagesh T. Sri Jayaramaiah Sri Suhail Baig Sri Srinivasa.B.V Sri S.Suresh

10. Sri Kumaraswamy.M.C

No.154 REJ6112551 Rajarajeshwari-

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nagar 11. Sri Ramakrishnappa 12. Sri Srinivasa.H.R. 13. Sri S.Ravichandran No. 175 Bommanahalli No.169 Chikkpet No.151 K.R.Puram UHN4199246 YUZ3429248 UZJ0418616

27.

The copies of the voter identification cards issued by the Election Commission of India to each of the plaintiffs to this suit are produced herewith and marked as: Sl. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Plaintiff Sri Abraham T.J Sri Mohan Raj Dr.S.M.Gopal Sri Jayarama.H.V Sri Nagesh.T Sri Jayaramaiah Sri Suhail Baig Sri Srinivasa.B.V Sri S.Suresh Sri Kumaraswamy.M.C Sri Ramakrishnappa Sri Srinivasa.H.R. Sri S.Ravichandran Document No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 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, 16May-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 other in 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 purpose of 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 BJP was 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 made several references to the mis-rule and mis-deeds of its rivals in the earlier term power when in those parties In had secured such administrative the State. drawing

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 reasonably and complying with the following laws in force could not have chosen to vote for any specific candidate on the basis of: Factor: a) Bribe offered candidate. Undue influence by Forbidden by: a Section 123(1) of the Representation of People Act, 1951. Section 123(2) of the Representation of People Act, 1951.

b)

c)

Fear, threat of injury or Proviso to Section 123(2) of social ostracism, ex- the Representation of People communication or Act, 1951. expulsion from the community, fear of divine displeasure or spiritual censure.

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d) Religion, race, caste, Section 123(3) of the community or language Representation 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 13th Vidhana Sabha was 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 political parties for their poor showing during their previous term of governance. 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 upto Rs.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 to extremely poor families). 3. Assistance to women upto Rs.1,000/- for each hospitalised delivery. (including private hospitals) 4. Bhagya Lakshmi scheme: Enhancing maturity value to Rs.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 women and widows with children. 6. 7. Allowance of Rs. 400 per month for physically handicapped. 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 houseless families during the next 5 years (15 lakh houses). 9. Cyber Cafe in every village: Fruits of I.T. must reach every village. 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 Entertainment b. 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 10 H.P. (about 16 lakhs). 11. Interest rate of 3% on crop loans to farmers borrowing from nationalised 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 agricultural support price. 13. Payment of production assistance of Rs.2/- per liter of milk directly to the milk producers. For Women 14. 15. Free education to girls upto degree class. 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 Minorities and an effective monitoring system for implementation of programmes. 18. Increase in food charges in student hostels from Rs.500/- to Rs.750/- per student per month. For Youth 19. Jobs for youth: Skill development programmes for

unemployed 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 5 years. Roads and other connectivity 21. Master plan and setting up an appropriate authority to provide 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 running

institutions such as orphanages, old age homes, hostels for poor etc. (Rs.100 crores per year) 3.1 HUMAN RESOURCE DEVELOPMENT 23. 24. Total literacy within three years. "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 upto Rs.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 hospitalised delivery. (including private) WOMEN'S WELFARE 28. 29. Free education to all women till degree class. 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 divorced women till they remarry. 31. Maternity leave for government officials to be extended to four months from 3 months. YOUTH WELFARE 32. Jobs for youth skill development /certification

programmes 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 month. 34. Valmiki Community Halls will be constructed in the districts where Valmiki population is high. Labour Welfare 35. Family welfare fund for auto drivers. Compensation for accidents to be enhanced to Rs. 1 Lakh from Rs. 50,000/-. EMPLOYMENT GENERATION 36. Skill development / certification programmes in various trades; allowance of Rs.1500 per trainee per month. hostels. Enhancing allocation for food, from Rs.500 to Rs.750 per student per

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Our focus will be on 37. 38. Cyber Cafe in every village: 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 support prices 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 the milk producers 3.12 FISHERIES 42. Increasing subsidised loans to poor fishermen to Rs.10,000.

Future plans 43. Enabling 5 indirect. Steps to promote language and culture 44. Kalabhavan and auditoria facilities in all districts where the artistes 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 to Rs.1000 per month. lakh employment opportunities, direct and

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General promises contained in the promise sheet:
37. The following promises of a general nature were contained in the 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. 3. Measures to provide support price to sericulture. 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 agricultural lands. For Farmers 5. 6. Measures to provide support price to sericulture. 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 agricultural lands. For Scheduled caste, Tribe, Backward Class and Minorities 8. Increase in food charges in student hostels from Rs.500/- to Rs.750/- per student per month.

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For Youth 9. 10. Set up a State Youth Council and formulate a Youth Policy. Encouragement to sports; recognition of sports persons who have won awards at national level. 11. 12. Provision of quality education and health services for all. Maintain Karnataka's pre-eminent position in science and technology including Information and Bio Technology. Making Bangalore a World Class City 13. 14. 15. Directly elected Mayor. Metropolitan Planning Council. Metropolitan Transport & Traffic Authority.

3.1 HUMAN RESOURCE DEVELOPMENT 16. Interests of students of the state to be protected in admission to professional courses. YOUTH WELFARE 17. Financial assistance to one best Yuvaka Mandal and Yuvathi Mandal in each Panchayat area every year. For Youth 18. Encouragement to sports; recognition of sports persons who have won awards at national level. Education Health 19. 20. Provision of quality education and health services for all. Maintain Karnataka's pre-eminent position in science and technology including Information and Bio Technology. INFRASTRUCTURE DEVELOPMENT POWER 21. 22. Separate Rural Grids to improve power supply to rural areas. Encouragement to private investors.

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Water and Irrigation 23. Providing safe and adequate drinking water to all towns and villages as per prescribed standards. 24. Effective utilization of Karnataka's share of water under Krishna and Cauvery basins. 25. Kalasa Banduri drinking water project to be pursued vigorously. Roads and other connectivity 26. Exerting pressure on Central Government for development of Railways, Airports and Ports. Tourism 27. Developing a Master Plan to develop Karnataka as the leading Tourism State during the next 5 years. Industrial Development 28. 29. Measures to improve industrial climate in the state. 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 necessary

infrastructure 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 terrorism and naxalism.

25
34. Strategies to deal effectively with crime, maintain law and order, provide protection to citizens. Governance & Correcting Regional Imbalances 35. Measures to improve efficiency, reduce corruption and speed up delivery of services. 36. 37. Strengthening Lok Ayukta. 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 monitoring implementation of government programmes 39. Implementation of Dr.D.M.Nanjundappa Committee Report to redress regional imbalances. 40. Issue of Multi-Purpose Identity Card.

Kannada Language and Culture 41. 42. Measures to protect Kannada Language and Culture. As per the Constitutional provisions, protection of cattle and prevention of cow slaughter. 45 Classical language status for Kannada: Exert pressure on Central Government. 46 Construction of memorial to Dr.Rajkumar.

3.1 HUMAN RESOURCE DEVELOPMENT 48 Human resource development starts with the child. BJP is committed to providing the facilities every child must enjoy. 49 50 51 52 Healthy childhood. Quality Education. Abolition of child labour. Prevention of child trafficking.

26
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 and healthy. 56 Providing necessary infrastructure in all schools including facilities of toilets. 57 58 More hostels for SC, ST and Backward classes at Taluk level. Progressive reduction of teacher - student ratio in schools to enhance the quality of education. 59 60 More opportunities for vocational education. Pre university level student counseling centers to be established at district centres. 61 Education fund to provide easy loans for students pursuing higher education. 62 63 64 65 More autonomy to universities. Deserving private schools to be brought under grant - in- aid. Establishment of Sanskrit University. Setting up Education Tribunals.

HEALTH CARE 66 The aim is to provide good quality healthcare at affordable cost to everyone. 67 68 Protection from epidemics through immunization. Effective steps to reduce birth rate, infant mortality and maternal mortality. 69 Encouragement to medical systems like ayurveda, nature cure & yoga.

27
70 Measures to improve the quality of all medical and

paramedical educational institutions. 71 Primary Health Centers at hobli level to be upgraded to Community Health Centers with 30 bed facilities. 72 Stringent medicines. 73 74 Life saving drugs to be exempted from taxes. Round the clock services of mobile healthcare units at taluk level and along highways. 75 76 77 Free eye camps and providing spectacles to senior citizens. Telemedicine system at PHC level. Free eye camps and providing spectacles to senior citizens. measures to curb spurious and substandard

3.4 DRINKING WATER AND SANITATION 78. The aim is to provide safe drinking water to all habitations in urban and rural areas of the state. 79. 80. 81. Effective utilization of water resources. Measures to prevent pollution of water sources. Safety measures to prevent fluorosis and other water borne diseases. 82. Promote water conservation measures such as rain water harvesting, recharging of wells and recycling of water. 83. Measures to improve sanitation and promote awareness through Sthree Shakthi and Self Help groups. 84. Underground drainage system to be introduced in a phased manner in all towns. WOMEN'S WELFARE 85. Women to be involved in health, education and social awareness programmes; they will be imparted vocational training.

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86. Financial assistance to voluntary organizations to build working women's hostels. 87. Effective legislation for protection of women against

harassment at working places. 88. 89. Incentives and guidance for women entrepreneurs. 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 for constructive activities. 91. 92. 93. 94. Assistance for 'Sthree Shakti Bhavans in all taluka centers. Incentives for widow remarriage and intercaste marriages. Anganavadi workers and teachers to get more facilities. 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 in national reconstruction activities. 96 Establishment of 'State Yuva Parishat' on the lines of National Youth Council formed by the NDA Government at Centre. 97 98 Formulation of State Youth Policy. Employment Information Centres and employment training programmes. 99 A w a r e ne s s programmes on clean environment and health. including diseases like Leprosy, AIDS, Polio, Malaria etc., 100 101 Encouraging Sports and Cultural activities. Career guidance for education and employment at preuniversity education level.

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102 103 Training for competitive tests and examinations. Felicitation of patriots, paying tributes to soldiers who sacrifice their lives. 104 105 Creating awareness against social exploitation. Encouragement to vocational expertise by way of awards.

3.5 SOCIAL WELFARE 106 107 Waiver of loans under Ashraya housing scheme. 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 made valid for ten years. 109 Housing to be provided for the houseless. Self employment programme assistance, to the jobless on the basis of eligibility. 110 Atrocities on SC/ST population will be dealt with severely by establishing vigilance cells which include peoples representatives at district level. 111 112 113 Action to fill up back log vacancies on priority. Internal reservations among SC/STs to be reviewed. Awareness camps to highlight the rights of SCs/STs and the programmes meant for them. 114 115 116 117 118 Special training for competitive exams. Funds for Banjara Welfare. More funds for backward class welfare. Backward class hostels to be improved. Encouragement for girls education.

Minority Welfare 119 Financial assistance to set up training centres to promote self-

30
employment. 120 Measures to improve quality of education in Urdu schools and to appoint Kannada teachers. 121 Urdu knowing Anganwadi worker to be appointed wherever required. Welfare of the Physically Challenged 122 Government will provide assistance for life insurance and health insurance to physically challenged. 123 The nature and level of disability will be entered in the identity card 124 Disabled will be given due representation in government employment 125 A State level committee will oversee the implementation of the rights of the physically challenged. 126 Provision of accessible infrastructure facilities in all public offices, schools, hospitals, etc. Senior Citizens 127 Opening Geriatrics wing in district hospitals to attend to treatment of senior citizens. 128 Suitable concession for bus travel.

Labour Welfare 129 We lfare programmes for workers in unorganized sector such as, autorikshaw 130 131 Drivers, garment workers transport employees etc. 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's education. 134 Enhancing compensation for families of ex- servicemen, who die in action. 135 Establishing a Veera Soudha in each district; assistance to ex-servicemen, organizations at district level. 136 Urban etc. Tourism : Tremendous potential to generate employment. 137 138 Emphasis on vocational education. 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 3rd Finance 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 the maximum price. 143 Provide loans at lower interest rates, under agreement of purchase of the produce. 144 Effective implementation of crop insurance scheme. facilities in Rural Areas, village and township

development programmes. to provide roads, housing, schools

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145 146 147 148 Subsidy for purchase of tractor & trailers. Quality electricity supply to irrigation pumpsets. Extend Drip irrigation concession to the entire state. Special attention to sugarcane. Higher support price.

Horticulture 149 Priority to marketing facilities including processing unit and cold storages. 150 151 Encouragement to Coconut, Areca and Cashew.

Institutionalizing the support price system. Problems of small growers of coffee, tea, coca, cardamom, pepper, tobacco and rubber to be addressed. 152 Encouragement to export of flowers, fruits, vegetables and their seed production. Sericulture 153 Measures to improve sericulture farming and support price provision. 3.11 DAIRY AND ANIMAL HUSBANDRY 154 155 156 Nutritious animal feeds at low cost. Development of highly productive breeds. Services of veterinary doctors and livestock inspectors to be extended to more areas. 157 Protection of cattle and prevention of cow slaughter, as per the Constitutional provisions. 3.12 FISHERIES 158 Construction and maintenance of jetties, cold storages and ice 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 cold storages. 3.13 CO-OPERATION 161 Small farmers in rural and semi-urban areas are dependent on 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 regular payment of salaries to their employees. 163 Strengthening democratic principles and enabling cooperative institutions to compete with private sector. 164 Encourage co-operative societies auditing by chartered

accountants. 3.14 ENVIRONMENT PROTECTION & FORESTS 165 The goal is to achieve sustainable development

Environment Protection 166 Action to prevent encroachments and pollution of water sources. 167 Environment protection to be included as a subject for study in High Schools. 168 169 170 171 172 Encouragement to cleaner production techniques. Action to discourage use of plastic. Support to Environment protection activities by NGOs. Priority to air pollution prevention. 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 through Nanotechnology and other means.

34
Forest Development 174 175 Encouragement to Social Forestry. Maintain ecological balance by developing multi-culture plantations in place of mono- culture of Acacia or Eucalyptus. 176 177 Encouragement to growing medicinal plants. 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 and forest protection. 3.15 URBAN DEVELOPMENT 179 180 181 182 183 184 Safe and adequate drinking water. Sanitation and underground drainage. Quality roads and footpaths. Street lamps to every road. Improvement of waste disposal system. Competitive public transport system providing opportunities to private sector. Programmes for Urban Poor 185 186 187 Improving education and healthcare facilities. Housing facilities. Providing employment opportunities through vocational training facilities. Housing 188 Plans to provide affordable housing facilities to all weaker sections including slum dwellers in next 5 years. 189 190 Provision of basic amenities in slum areas. Land use conversion rules will be simplified.

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Urban Governance 191 Decentralization of administrative and financial authority to urban local bodies. 192 193 Direct election to the post of Mayor in corporation cities. Ward committees will be established for better citizen participation. 194 195 196 197 E-governance for better services. Simplification of property tax system. Improve security system for protection of citizens. Constitution experts for monitoring. 3.17 INFRASTRUCTURE DEVELOPMENT Power 198 199 200 201 Encourage private participation in power production. Reduce transmission and distribution losses. Promotion of renewable energy sources. Exclusive Power Generation Unit for Bangalore of Citizen Advisory Committees, including and performance

better

administration

3.18 TOURISM Future plans 202 203 204 205 Provision of good and affordable tourist facilities. Good roads to tourism spots. Security to tourists. Production of good information literature and appointment of knowledgeable guides. 206 Encourage regional specialties.

3.19 DRINKING WATER AND IRRIGATION 207 208 Provide safe drinking water to all rural and urban areas. Take measures for utilizing our irrigation capacity fully.

36
209 210 Utilize our share of water in Krishna and Cauvery basins. Network the westward rivers for efficient water management so that the coastal fresh water requirements for drinking, irrigation, and fisheries are met. 211 212 213 Renovation of irrigation canals for efficient utilization. Complete Kalasa Banduri project implementation. Improvement and completion of canal distribution network in all command areas. 214 Suitable policy and steps for integrated water resources management. 215 216 Formation of water resources regulation authority. Promotion of water users associations and federations at all levels. Minor Irrigation 217 Rejuvenation of tanks, reservoirs and Kalyanis for minor irrigation. 218 219 Ground water recharge to prevent depletion of ground water. 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 bound programme of networking roads between districts and State Capital, Taluks and Districts, Villages and Taluks. 234 235 Formation of ring roads in cities wherever required. Encourage private participation in road development, including toll roads.

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236 Involve local residents in acquiring land for widening existing roads. 237 Encourage healthy competition by allowing private buses along 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 of LPG/CNG fuel, and bio-fuels. 240 241 Improve railway network- pressure on central government. Intra-state aviation development encouragement to private sector. 3.21 242 SCIENCE AND TECHNOLOGY Towards knowledge society 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 community and 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 the government departments so as to have transparency and speed in administration. 245 Every panchayat and municipality will become an e-seva center where information about different public services can be accessed. 246 247 Technology parks will be established in all districts. 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 to flourish 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 249 250 251 252 Increase the pace of infrastructure provision. Plans to rejuvenate small-scale industries. Captive power plants of industries to be exempted from taxes. Karnataka to be further developed as a center of IT/BT, pharmaceutical and electronic industries. 253 254 255 Encouragement to NRIs and Non Resident Kannadigas to invest in the state. 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 value added products of consumer demand and setting up of weavers parks. 257 258 259 Support to handloom products. Subsidies will be released regularly. Assistance to weavers in Healthcare, housing, education and workshed facilities. 260 261 Group insurance will be provided to weavers. Loans at 4% interest.

Steps to promote language and culture 262 263 264 265 266 Use of Kannada as official language at all levels. Construction of Memorial to Dr. Rajkumar. Encourage local artists and technicians. Monthly pension to aged artists. Efforts to protect the Folklore of the state.

39
267 268 Priority to protect Hampi and its ancient monuments. Encouragement to Kannada activities beyond the state borders. Kannada Bhavans in Talukas in border areas. 269 Films 270 All facilities will be extended to Kannada films shot in Karnataka. 271 Suitable reforms in tax exemptions to Kannada films. Action on report of committee under Mukyamantri Chandru.

Review of charitable and religious endowment act 272 273 274 Assistance to revive rural temples. Aradhana Scheme will be strengthened. Resurrection of temples by involving local people.

3.24 CORRECTING OF REGIONAL IMBALANCES 275 The present Karnataka state was formed in 1956 with regions from Old Mysore Hyderabad-Karnataka, BombayKarnataka, 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 special status to Hyderabad-Karnataka region under Article 371 of Constitution of India on the lines of Telangana and Vidarbha regions. 277 Dr.D.M.Nanjundappa Congress party committee led Report on It Regional was

Imbalances was kept in cold storage by the previous Government. Shri.B.S.Yeddyurappa, as Deputy Chief Minister who in his budget provided the required funds to implement the recommendations Development of report We are and proposed to a special the full Plan. committed

40
implementations of these recommendations and correcting the regional imbalances. Measures to improve governance in backward regions. Plans to augment resources 278 Maximize evasion. 279 280 Examine possibility of further reforms under VAT Review of user charges for various services where there is scope for additional revenue. 281 Cost cutting measures and improving project management. collections under Commercial Taxes, Excise,

Transport and Stamps Registration by plugging loopholes for

3.26 GOVERNANCE REFORMS 282 Political power is an opportunity to serve people. Good governance depends on how government institutions are run. Reforms measures 283 De-centralization of powers to local bodies, this will reduce the burden on the people to visit state headquarters. 284 285 286 Re- engineering the bureaucracy. Strengthening Lokayukta. Speedy justice by Alternative Dispute Resolution

mechanisms. 287 288 289 Set up evening courts in all Taluk places. Construction of Suvarna Soudha in Belgaum. E-governance.

Multi purpose identity cards 290 291 292 To confirm the identity of a person. Age proof To avail facilities provided by Govt.

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293 Easy documentation for purposes of securing loan,

insurance and other financial transactions, 294 295 296 297 Protection against fraud Help to Police in crime detection. Authentic information to employers. 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.

42
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 the promises 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 that the 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 the BJP 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 1. Plaintiff Sri Abraham T.J. Voted for the candidate set up by the BJP S.Raghu Constituency Number and Name No.161 C.V.Raman Nagara No.174 Mahadevapura

2.

Sri Mohan Raj

Aravinda Limbavali

43
3. 4. 5. 6. 7. 8. 9. Dr.S.M.Gopal Sri Jayaram H.V. Sri Nagesh T. Sri Jayaramaiah Sri Suhail Baig Sri Srinivasa B.V. Sri S.Suresh Lakshmanagowda. M N.Ramesh N.Ramesh P.Nagaraju Nirmal Surana Ravisubramanya.L. A No.144 Srinivasapura No.185 Channapattana No.185 Channapattana No.182 Magadi No.162 Shivajinagara No.l70 Basavanagudi

Dr.D.Hemachandra No.169 Chikkpet Sagar No.154 Rajarajeshwarinagar No. 175 Bommanahalli

10. Sri M.C.

Kumaraswamy M.Srinivas

11. Sri Ramakrishnappa 12. Sri Srinivasa.H.R. 13. Sri S.Ravichandran

Satish Reddy.M

Dr.D.Hemachandra No.169 Chikkpet Sagar N.S.Nandish Reddy No.151 K.R.Puram

The BJP emerges as the winner in the elections held to the 13th Vidhana Sabha and forms the Government in the State of Karnataka during the term thereof:
42. The BJP emerged as the single largest political party in the elections 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 Minister and Ministers to the State Cabinet were duly chosen and installed by the BJP. 43. The Election Commission of India has published a

comprehensive 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 promises that 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-Apr2013. 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 read as 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

45
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, frequent power 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 for that 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

46
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 promise would 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 Government company that is engaged in the work of transmission of power in the State of Karnataka. A report generated by it in respect of 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 27Apr-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.

47
49. Also, the plaintiffs submit that the office of the Chairman to the 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 Chief Ministers 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 increasing the power generation in the State by 5000 MW over a period of 5 years is not unattainable and the practical doability and feasibility 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 did not 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

48
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 be relied 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 knew the 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 and

deliberately made by the BJP to the voters;

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b) the false promises were made with a full knowledge and expectation that the voters would place reliance upon such promises; c) the false promises were made with further awareness of the 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 induce voters 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 the means to discover the fraudulent intent of the BJP political party; f) the voters who were induced to vote for the BJP political party 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 fraudulent

misrepresentation 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 unaccountable

throughout 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 own election 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

50
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 from its 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 consequences of his actions if accountable for the person has been any

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 regulation to 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 of Civil 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 reasonably expect 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 to bring 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 well established that one who fraudulently makes a misrepresentation 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 the power 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 voters who 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 wide audience - all the voters to the elections to the 13th Vidhana Sabha. Under tort law, the BJP would be liable to all those individuals whose position it intended to change and who suffered injury by reason of its subsequent breach. First, there was reliance in fact that is causally related to the action that caused the harm. Further, justified reliance requires proof of materiality. A misrepresentation is material if the voter has in fact considered the misrepresented fact as important in his decision the plaintiffs herein have considered the representation by the BJP as important in their decision to vote. The BJP knew that a statement that causes an increase in voter support must be important in the voters' decision making process. 61. The second element of justified reliance requires that the statement by the BJP be of fact. Reliance would be reasonable when the voter, as a reasonable person, believes that the representation is one of a true future intention, rather than a rhetorical statement. As established law would state that, "whether the recipient has reason for his belief depends upon the circumstances under which the statement was made, including the fact that it was made for the purpose of

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inducing the recipient to act in reliance upon it in the form and manner in which it was expressed," the statements by the BJP did induce a change in the behaviour of these plaintiffs. 62. Applying the aforesaid reasoning, the BJPs promise, taken in context, was worthy of reliance. It was made to induce reliance. It was specific and directed at an identifiable issue and identifiable vote. The audience was informed and clearly concerned about the BJPs position on this issue. To deny that it is reasonable for a voter to rely upon the BJPs promise is to hold political candidates to a lesser standard of honesty than a private citizen. This ultimately harms those voters who choose to take the political process seriously as well as those candidates who choose to speak honestly. 63. Finally, enforcement of election promises or punishment for breach thereof under the law of contract or tort doctrine of fraudulent misrepresentation is conceivable under common law principles to secure and protect the purity of the ballot. The primary purpose of a false promise is to deceive the electorate and to positively affect voting behavior to the candidate's advantage. A knowingly false campaign promise satisfies all of the requirements of each of the aforesaid legal mechanisms.

Deliberate absence of disclaimer:

64. The BJP, in its capacity as a national political party was expected to be fully aware of the common law of torts, of the doctrine of fraudulent misrepresentation, of the statutory and common law of contract and above all, that there is no statute or legislation in India shielding election promises from being made actionable through the medium of our Courts. In the background of such constructive knowledge that is imputable to the BJP, its fraudulent misrepresentation is definitively deserving of exemplary or punitive damages. It is too well

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established that "the easiest way for a party to make clear his intention not to be legally bound is to say so." The BJP said no such thing in its promise sheet.

The plaintiffs simply acted as reasonable voters, under the circumstances of the case:
65. Determining whether action or forbearance should be expected, as a matter of law, on the part of a voter requires the application of a reasonable person standard, in the light of all the facts and circumstances as they were then known to him. 66. In view of the fact that the conduct of elections to the State Legislative Assembly is strictly regulated by statutes and various regulations, the plaintiffs submit that as a matter of law, it is only fair and proper to say that a reasonable voter would be that person who would not vote for a candidate or a political party on considerations or factors that have been statutorily forbidden. In other words, it is the will of no less than the Parliament of India that an election to a legislative assembly cannot be said to be free or fair if it is vitiated by any corrupt practice as defined under the provisions of the Representation of People Act, 1951. The range of factors that have been included in the definition of corrupt practices would leave no manner of doubt in the mind of any reasonable person that the purity of our elections is not merely an ideal to strive for but is also the very objective of numerous laws in force in the territory of India. In such a context, the plaintiffs respectfully submit that it would be legally incongruous to state that when a political party knowingly makes fraudulent election promises, it should still be held immune from the ordinary consequences that flow from the operation of our contract law and the common law of tort. There is no rational basis to hold as such.

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67. The plaintiffs submit that the sanctity of election promises can never be overstated. A reasonable voter would possess no rational basis to choose between competing political parties unless he is truthfully informed of what the political parties propose to do once they are elected to the office. As such, political promises should be held to the same standard by which a person in a commercial setting would be penalized if he had embarked upon a profit or advantage to himself by fraudulently misrepresenting the worth of his promises.

A concluded and legally enforceable contract emerged between the BJP and the plaintiffs who voted for the BJP:
68. In the context of the facts of this case, the act of voting by the plaintiffs and the members of the class which they represent in favour of the candidates set up by the BJP by materially and solely relying upon the promises contained in the BJPs promise sheet constitutes consideration for the contractual agreement between the BJP and those who have voted in favour of the BJP. In voting for the candidates set up by the BJP, a voter should necessarily disfavour and exclude every other candidate set up by a party other than the BJP and that much is the forbearance incurred by the voter in order to favour the BJP and the act of actually voting for the BJPs candidate is the act that was bargained for by the BJP. The said act of vote in favour of the BJPs candidate would complete the performance on the part of the voter and lead to a situation wherein the BJP would have to deliver upon its part of the bargain should it be voted to power. 69. That is, votes by the plaintiffs in favour of the candidates set up by the BJP is the very consideration for the promise made by the BJP that it would keep its promises should it be voted to power - in consideration of a voter offering it the opportunity to come to power. The BJP has bargained for the vote of the plaintiffs by promising future performance.

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Ordinary Principles of Law support this cause of action:
70. The common law principles of equity, tort and the statute law of contract in force in the territory of India squarely support the seeking of damages for broken election promises made by a political party or a candidate. If it ever was the intention of the BJP that its promises were not to be relied upon or that, despite making such promises, it did not at all intend to enter into a legal relationship with its voters, it could have stated as much at the very outset. Thereby, it could have fully informed the voters that its promises were nothing more than puff and were meant only for amusement or humour. The BJP did no such thing. It clearly knew that the voters would not vote for it unless they were induced to vote on the faith of the representations made by it in its promise sheet. It therefore, took a conscious, and voluntary, calculated, step of deliberate, and intentional knowledgeable preparing

presenting a booklet containing its election promises. In doing so, it clearly ventured into a conduct that characterizes the prelude to the entering into of a legally binding contract. Even if the subsequent chain of events are eventually held by a court of law to not amount to a subsumation into a contract, the BJP would still be liable on the common law tort of fraudulent misrepresentation. 71. To illustrate: Say A, a wealthy merchant in a locality in Bangalore steps up to the center of a busy market in his locality and commands the attention of the passersby for an important announcement that he is about to make. The crowds gather. He then states, in a very serious tone meant to induce reliance in his words that his pet dog has gone missing from his house for the past day and because he loves his dog so much and that he cares for its wellbeing as if it was another member of his own family, he would therefore announce a reward of Rupees One Lakh to any person who would trace and fetch his dog and thereby return it to A. A

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then describes the features of his pet dog to the crowd. In the next 24 hours, 3 different persons, B, C and D approach A with 3 different dogs matching the description provided publicly by A and seek the reward promised by A. A then resolves that one of these three volunteers, B, has indeed brought in his lost dog. So, he receives the dog from B. In such a situation, A cannot refuse to reward B as originally promised. The statutory law of contract as it applies in our country would render A plainly liable to reward B and upon refusal by A to so reward, B would be entitled to maintain numerous claims as are contemplated under our law of contract. The bargain between A and B is recognized under our law of contract as binding upon both. The fact that it was not made in writing or that A may not have truly intended to enter into a legally enforceable arrangement are immaterial to the subsumation of the mutual conduct of A and B into a legally enforceable contract. The case of Carlill Vs. Carbolic Smoke Ball Company [1893 (1) QB 256] decided more than a century ago continues to be one of the most important cases of contract law in our country. The various principles of our contract law as explained in the said case are also of significant guidance to the instant case. 72. Further, in the aforesaid illustration, had it emerged that A had never lost any dog as he did not have any pet animal in his house in the very first place, B cannot consequently sue A for breach of contract as the fact that A never had kept any dog with him would prevent the subsumation of a contract between A and B. So, the dog that B had fetched in the mistaken belief that it might have belonged to A could not have therefore, been the subject of any contract between the parties as the subject matter of any contract must be in existence or amenable to an existence in future and there was no dog in existence, as a matter of fact, to the knowledge of A and its existence was merely a matter of dishonestly induced

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belief in the mind of B. As such, B cannot sue A for breach of contract or for the specific performance of a contractual promise if it emerges that A never had any dog in his house in the first place. Instead, the ordinary law of tort would come to the rescue of B and he could easily prevail on a claim that A made a fraudulent misrepresentation which B took to be true and induced thereby, B had proceeded to act or to incur some injury or detriment to himself and that such injury is directly and proximately connected to the fraud played by A upon B. Thereby, B could seek compensatory damages and upon a further showing that As conduct was outrageous and pernicious when judged by the standards of our society, B could even seek punitive or exemplary damages against A. When suing under the tort of fraudulent misrepresentation, the position of B is no different than that of C or D, the two other persons who also had relied upon the fraudulent misrepresentation made by A and had acted to their injury or detriment provided their belief in As announcements were honest and their detriment thereafter is provable before a court of law. 73. Accordingly, in this suit, the plaintiffs have proceeded on the basis that the election promises made by the BJP to the persons registered to vote in the various assembly constituencies in the State of Karnataka constituted an offer to bind itself contractually. As is evident from the subsequent conduct of the BJP that it chose to not fulfill most of its election promises in its allotted term, it must be held to have failed to perform its part of the contract. Thereby, in view of the fact that the period in which its performance was to be monitored is set by a statute, the choice of the BJP to not honour its electoral promise is not amenable after that term, to a suit for specific performance. As such, the voters who were defrauded by the BJP have before them, the option of suing the BJP for damages for breach of a contractual

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promise. That is the very approach adopted by these representative plaintiffs. Further, on an alternative claim that if the electoral promises made by the BJP are held to not be subsumed into a contract, those very promises, in the light of subsequent conduct of the BJP of blatant and reckless disregard BJP, in thereof, the would on constitute the tort a of fraudulent fraudulent misrepresentation. Accordingly, the plaintiffs have sued the alternative, misrepresentation if its promises be taken to have not subsumed into a contract.

Competitive pressure to lie cannot be taken note of judicially:

74. The plaintiffs submit that if it was the concern of the BJP that other political parties were already lying to their voters and that, in order to effectively compete with the rest, it also became necessary for the BJP to lie as the rest, such compulsion is not to be taken note of judicially as the same is bereft of any legal flavor to it. The commission of an unlawful act by another in order to derive a competitive advantage thereof has never been recognised as a valid argument by any modern court of law.

Liability for false promises is well established under the existing law of contract:
75. The plaintiffs respectfully submit that the Indian Contract Act, 1872 is not the whole law of contract in India. The first edition by Sir Frederick Pollock, the eminent author on the subject had remarked that: The Indian Contract Act is in effect, and for the reasons explained in our commentary on the first section, a code of English law...In fact, the Contract Act passed through not less than three distinct stages. First, there was the draft prepared in England by the Indian Law Commission, uniform in style and possessing great merit as an elementary statement of the combined effect of common law and equity doctrine as understood about forty years ago...Next this was revised and in parts elaborated by the Legislative

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Department in India. The borrowing from the New York draft Code seems to belong to this phase. Lastly, Sir James Stephen made or supervised the final revision...It is much to the credit of the workmen that the result, after allowing for all drawbacks, was a generally sound and useful one (May, 1905 Lincolns Inn). Similarly, an elaborate commentary on the Indian Contract Act, 1872 in 1878 by Sir Higginbotham had said This Act is the latest and most important installment of substantive law, prepared for British India by the Indian Law Commissioners...It consists almost exclusively of the rules which govern the English Courts, thrown into the form of legal enactment... 76. Further, the preamble to the Indian Contract Act, 1872 states Whereas it is expedient to define and amend certain parts of the law relating to contracts. Accordingly, the law of contract as administered in India is the statute law as well as that law administered by the Courts of India on considerations of justice, equity and good conscience in the context of Indian society and its circumstances. Therefore, the plaintiffs herein appeal to a judgment in the hands of this Court as is consistent with the statutory and the common law of contract and would conform to the notion of justice, equity and good conscience of this Honble Court.

Statutory characteristics of fraud and misrepresentation are present in the acts of the BJP in the making of its election promises:
77. Section 17 of the Contract Act defines fraud as under: 17. Fraud defined.- Fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true; (2) the active concealment of a fact by one having knowledge or belief of the fact;

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(3) a promise made without any intention of performing it (4) any other act fitted to deceive; (5) any such act or omission as the law specially declares to be fraudulent... 78. Section 18 of the Contract Act defines misrepresentation as under: 18. Misrepresentation defined.- Misrepresentation means and includes(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; (2) any breach, of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or to the prejudice of any one claiming under him; (3) causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement. 79. The common law of India recognises a general duty upon all persons to not make untrue statements for the purpose of inducing any person to enter into a contract or to obtain any advantage therefrom. Over time, the two separate and distinct concepts of fraud and misrepresentation as define d under Sections 17 and 18 respectively of the Contract Act have been joined in various jurisdictions, including India, to describe the conduct of the erring party to a contract. As such, the doctrine of fraudulent misrepresentation as explained in the case of Derry v. Peek (1886-90) ALL ER Rep 1 a century ago as: Fraud is proved when it is shown that a false representation has been made: (1) knowingly; or (2) without belief in its truth; or (3) recklessly, careless whether it be true or false...the third is but an instance of the second, for one who makes a statement under such circumstances can have no real belief in the truth of what he states

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has since been scholarly enunciated to the effect that a fraudulent misrepresentation should ordinarily meet the following tests: 1. there must be a representation; 2. the representation must be known to be false by the maker or his agent; 3. the representation may concern a statement of future intent as well; 4. the representation must be material to the communication between the maker and those to whom it is intended; 5. the representation should be susceptible to knowledge and estimation so as to induce reliance; in other words, the representation should be material; 6. and the representor knows his statements to be false or would assert them without knowledge of whether it be true or not; 7. the representation should be made with the purpose of inducing another to do or to forbear from doing something that is of interest to the maker of the representation and which is of some concern or value to the doer of that act; 8. the other person was thereby induced to act in the manner sought by the maker of the representation; 9. the other person so induced to act did act as such by relying on the representation; 10. and the victim thereby suffered damages; 11. the damages are proximately attributable to the misrepresentation. 80. The promises made by the BJP, the inducements resulting therefrom and the damages arising thereafter to these plaintiffs meet each one of the aforesaid 11 tests.

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Damage to the political process:
81. The making of knowingly received false serious election promises has consideration as an apparently never

actionable wrong. A political party cannot treat its promises with a cavalier disrespect for the truth not allowed to ordinary citizens. There is no sound rule under our law of contract or under the common law to treat election promises differently than other promises made in the world of business or commerce. It is imperative for our existing common law to recognise that the remedy to the voters who were defrauded through means of false election promises cannot be limited to venting of their dissatisfaction in subsequent elections. 82. In the instant case, the BJP took visible steps to guarantee its promises as being more than mere political rhetoric and that its position is different from its opponents by virtue of such promises. Such false election promises damage the political process. In addition to contributing to the electorate's general distrust of political speech, false election promises reduce the amount of accurate information available to voters and weaken the belief that our political choices are based on reasoned and open debate. The effect of false campaign promises on voter decision making operates on two levels. First, if voters believe the false promise, they are making their decisions based on false information. Second, if voters do not believe any political promises, in part due to their belief in the frequency of false promises, the very purity of our elections would come in for suspicion as no purity could be attached to a process that is the product of a fraudulent bargain. 83. The plaintiffs submit that social scientists have isolated other negative effects of political lies. Voters and candidates alike are the losers when a political system has reached a low degree of trust. And the fact that candidates, should they win, are not expected to have meant what they said while campaigning, nor held accountable for discrepancies, only

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reinforces the incentives for them to bend the truth the next time, thus adding further to the distrust of the voters. 84. Political lies, so often assumed to be trivial by those who tell them, rarely are. When political representatives or entire governments arrogate to themselves the right to lie, they take power from the public that would not have been given up voluntarily. When the misrepresentation is one of future intention and therefore capable of proof only after the term in office, the corrective and deterrent roles of a strictly political response are weakened. As a result, political correction does not allow the public to protect itself adequately from false campaign promises. 85. The plaintiffs submit that reliance solely on the corrective mechanisms of the electoral process to ensure campaign truth is analogous to reliance on the market to ensure the honesty of business people. Courts have long rejected caveat emptor as sufficient legal protection in all transactions. In particular, courts have always intervened on behalf of a party under duress when there is evidence of abuse of the bargaining process, such as fraud or coercion. Any argument that courts should not intervene in the electoral process cannot be an argument on the existing state of law in India but a mere statement of political policy that is not worthy of consideration by any statutory court in this country.

Consequences could be severe:

86. The plaintiffs further submit that a political party that knowingly makes fraudulent promises and thereby secures political power in the form of the Government of our State may even be forced to bankruptcy should it be held liable for payment of damages by a court of law to those injured by reason of reliance upon such fraudulent misrepresentation. However, as laid down in the classic case of Carlill Vs. Carbolic Smoke Ball Co., more than a century ago, one who

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knowingly makes extravagant promises cannot invite

protection from those who relied upon those promises to their detriment. Similarly, there is no sound basis in law to say that the BJP, in the instant case, should be held to be protected from financial hardship should this Honble Court decree this suit in the manner sought by these plaintiffs as the BJP clearly had a choice to not engage in any fraudulent misrepresentation but chose to knowingly engage in it anyway.

Law already demands truth and honesty in the world of commerce:

87. The law demands truth and honesty in the world of commerce. The law should demand the same standard in the world of political promises and there is no conceptual or technical impediment to so demand.

The case for damages:

88. It is too well established that in cases of fraud, a plaintiff is entitled to any loss which has flowed from the defendant's fraud, even if these losses could not have been foreseen. The breach of the aforesaid contractual promises by the BJP has invited a liability for compensatory damages and these plaintiffs seek compensatory damages to the extent they have suffered economic injury due to a breach by the BJP of its contractual promise to perform its election premises. 89. The types and measures of tort damages are based on the purposes of tort law. Those purposes are (a) to give compensation, indemnity or restitution for harms; (b) to determine rights; (c) to punish wrongdoers and deter wrongful conduct; and (d) to vindicate parties and to deter retaliation or violent retribution. The plaintiffs expect that the damages sought herewith would carry out all of the aforesaid purposes. 90. Based on the first of the aforesaid four purposes, tort law provides for recovery of compensatory damages. The aim of

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compensatory damages is to put the injured party "in a position substantially equivalent in a pecuniary way to that which he would have occupied had no tort been committed," thus making the plaintiff whole. In other words, compensatory damages look back to the plaintiff's position before the misrepresentation and give the plaintiff an amount that will put him in that same position. The plaintiffs submit that the moral imperative to force the fraudulent party to make good on its representation seems even stronger for fraudulent misrepresentation than for breach of contract. 91. Further, the plaintiffs have, in the alternative claim that the BJP made a fraudulent misrepresentation, sought punitive damages in addition to compensatory damages in view of the common law directive to award punitive damages if the defendant's conduct "is outrageous, because of the defendant's evil motive or its reckless indifference to the rights of others." The conduct of the BJP at issue in this suit is grossly outrageous.

Limitation:
92. As stated earlier, the liability of the BJP for its failure to abide by its contractual promise or its liability to make good upon the fraudulent misrepresentations it made to the voters as a class of which these plaintiffs are the representatives would ordinarily begin on 10-Apr-2013 for reasons explained earlier. Therefore, the plaint filed within a few days therefrom is well within time.

Jurisdiction and choice of Court:

93. The instant suit is one filed in terms of Section 91 of the Code of Civil Procedure, 1908 read with Order 1, Rule 8 thereof. The lead plaintiff as well as a few other co-plaintiffs are all residents in the district of Bangalore. The counsel for these plaintiffs are situated in the city of Bangalore and a matter of this nature does call for special knowledge of diverse

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branches of law on the part of the counsel to the plaintiffs and these plaintiffs humbly submit that the Bangalore City Civil Court is the forum of convenience to the counsel for these plaintiffs. Further, the city of Bangalore is the administrative as well as the political capital of the State of Karnataka and a public issue that concerns the voter population of the entire State is best agitated in a court of law in Bangalore than in any other city or town in the State. Therefore, the cause of action in the instant suit is best redressed before the Bangalore City Civil Court and accordingly, the plaintiffs have instituted this suit before this Honble Court. Also, several thousand persons across the State of Karnataka are expected by these plaintiffs to evince interest in the subject matter of this suit and to implead themselves in this very suit with the due leave of this Honble Court. Such an expectation would leave no scope whatsoever for a Court other than the Bangalore City Civil Court to even merit any consideration as the forum of choice for the subject matter of this suit. 94. Further, though the BJP is registered as a national party with its seat at New Delhi, the affairs of the said party in the State of Karnataka are seen to be substantially administered from its chosen office in the city of Bangalore. Also, the task of discovery of several documents for the purpose of prosecution of this suit and for which purpose, separate applications have been made by these plaintiffs, is best accomplished through the forum of this Honble Court. 95. Therefore, the Bangalore City Civil Court is the proper and the only forum for the institution of the instant suit and for the trial thereafter upon this suit.

Court Fees:
96. In terms of the provisions of the Karnataka Court Fees And Suits Valuation Act, 1958, the valuation of this suit for the

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purpose of payment of the Court fee would have to be deferred until an appropriate Order has been passed by this Honble Court on who is permitted to prosecute this suit on behalf of the class represented by these plaintiffs. Accordingly, a nominal fee only has been tendered at this point of time. Further, upon the suit being appropriately valued after this Honble Court concludes its determination of who all are to be joined as the plaintiffs and after mutual agreement between the plaintiffs on the extent of damages attributable to the injury suffered by the class as a whole, the issue of court fee will be duly revisited by these plaintiffs and these plaintiffs solemnly undertake to abide by whatever liability is lawfully imposed upon them at such time.

No prior filing:
97. These plaintiffs respectfully submit that they have not instituted any prior case or suit on the subject of this very proceeding.

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PRAYER
WHEREFORE, in view of the circumstances narrated above, this Honble Court may graciously be pleased: a. i. To declare that: Such of those promises as are specified by the plaintiffs, amongst the promises contained in the promise sheet prepared, published, promoted and disseminated by the defendant herein, the Bharatiya Janata Party and its agents for the purpose of inducing the voters in the elections to the 13th Legislative Assembly of Karnataka held on 10May-2008, 16-May-2008 and 22-May-2008, to thereby vote for the candidates set-up by the BJP political party, constituted legally enforceable promises and were subsumed into a contract upon the casting of votes in its favour by those voters who materially relied upon such representation and were induced thereby and who did not have the means to discover whether the representations were honest or otherwise; AND ii. the breach of the aforesaid promises by the BJP political party acting through its elected candidates when it was vested, directly or otherwise, with the decision making power of the executive Government of Karnataka during the five year term afforded to the 13th Legislative Assembly of Karnataka is a breach of the contractual rights and expectations of the plaintiffs and all other members of the class represented by the plaintiffs who materially relied upon the election promises referred to in (i) above to vote for the candidates set up by the BJP political party, the defendant herein; AND

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iii. By reason of the breach as aforesaid by the BJP political party, the plaintiffs and other members of the class represented by the plaintiffs have sustained economic injury that is proximately and directly attributable to the breach by the BJP as a foresaid; b. To award to the plaintiffs and other members of the class represented by the plaintiffs, compensatory damages in such sum, as represents, in the opinion and estimate of this Honble Court, a fair quantum of money to remedy the breach by the BJP political party of its contractual promises as aforesaid and to thereby render whole, the injured plaintiffs; OR, IN THE ALTERNATIVE; a. To declare that: i. Such of those promises as are specified by the plaintiffs, amongst the promises contained in the promise sheet prepared, published, promoted and disseminated by the defendant herein, the Bharatiya Janata Party and its agents for the purpose of inducing the voters in the elections to the 13th Legislative Assembly of Karnataka held on 10May-2008, 16-May-2008 and 22-May-2008, to thereby vote for the candidates set-up by the BJP political party constituted the commission by the Bharatiya Janata Party of the common law tort of fraudulent misrepresentation upon all voters who materially relied upon such representation and who did not have the means to discover whether the representations were honest or otherwise and who , induced thereby, proceeded to vote for the candidates set up by the Bharatiya Janata Party in the aforesaid elections;

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AND ii. the breach of the aforesaid promises by the BJP political party acting through its elected candidates when it was vested, directly or otherwise, with the decision making power of the executive Government of Karnataka during the five year term afforded to the 13th Legislative Assembly of Karnataka is a manifestation of its fraudulent intent as declared in (i) above in respect of the plaintiffs and all other members of the class represented by the plaintiffs who materially relied upon the election promises referred to in (i) above to vote for the candidates set up by the BJP political party, the defendant herein; AND iii. By reason of the commission of fraudulent misrepresentation as aforesaid by the BJP political party, the plaintiffs and other members of the class represented by the plaintiffs have sustained economic injury that is proximately and directly attributable to the commission by the BJP as aforesaid; b. To award to the plaintiffs and other members of the class represented by the plaintiffs, compensatory damages in such sum, as represents, in the opinion and estimate of this Honble Court, a fair quantum of money to remedy the commission by the BJP political party as aforesaid and to thereby render whole, the injured plaintiffs; c. To award to the plaintiffs and other members of the class represented by the plaintiffs, punitive damages, in addition to the compensatory damages as sought in (iii) above, such sum as represents in the opinion and estimate of this Honble Court, a proper measure of money to redress the evil, outrageous and pernicious

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nature of fraud perpetrated by the Bharatiya Janata Party upon the plaintiffs and other members of the class represented by the plaintiffs. AND FOR THE ACT OF KINDNESS, THE PLAINTIFFS SHALL, FOR EVER BE DUTY BOUND TO PRAY.

Plaintiff No.1 (Abraham.T.J)

Bangalore Date: 02-MAY-2013

Advocate for Plaintiffs Sri K.V.Dhananjay Roll No.KAR/659/2002

VERIFICATION I, the Plaintiff No.1 above named do hereby state, verify, confirm and declare that the statements made hereinabove are all true and correct to the best of our knowledge, information and belief and I am authorized to sign this plaint also on behalf of the other plaintiffs.

Plaintiff No.1 (Abraham.T.J)

Bangalore Date: 02-MAY-2013

Advocate for Plaintiffs Sri K.V.Dhananjay Roll No.KAR/659/2002