'Motivated Petition, Hidden Agenda' : Supreme Court Dismisses Hindu Sena VP's PIL Against Political Parties Offering Freebies During Elections

The present PIL has sought directions commanding the Union of India and the Election Commission of India to disqualify all the members set up by the Indian National Congress, Samajwadi Party in the State of Uttar Pradesh and the candidates set up by the Aam Admi Party in the State of Punjab in the Assembly Election, 2022. 

Further directions have been sought to register FIR's against the four political parties i.e. for inducing the electors and voters by making offer of gift, goods, money from the public exchequer, if they are voted to form the state government in the state of Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur respectively for an offence committed under Section 123(1)(A) of Representation of People Act, 1951.

The action has been sought against four political parties including Indian National Congress, Samajwadi Party, Bahujan Samajh Party and Aam Admi Party.

The present petition has challenged the averments made by political parties during elections of assembly of freebies to the voters and public, if their government is voted in power.

According to the petitioner such an offer or promise by a political party, its leader, candidates set up in the elections, may be declared to be indulging in corrupt practices and bribery in terms of provisions of Section 123 (1)(b) of the Representations of People Act, 1951 and the candidates set up by such political parties may be declared disqualified from contesting the election in that state.

The petition has argued that the Election Commission is required to be directed to evolve a mechanism at the time of filing nominations, declaration to the effect that their political parties on whose symbol, they are contesting election, have not made any offer and promise of freebies at the cost of public money, if they are voted to power.

Further if such declaration by the candidates are found wrong, such candidates must be declared disqualified from contesting the election and if elected, such election may be declared void.

According to the petitioner, mass offer or promise by political parties for electoral gains can be categorised as corrupt practices.

The Supreme Court of India had on 25th January 2022 issued notice to the Union of India and Election Commission of India in another petition filed seeking directions to the ECI to not permit political parties to promise or distribute irrational freebies from the public fund before elections and de-register political parties or seize election symbol of the parties which do so. 

The Bench had also referred to Supreme Court's earlier judgement in the case of Subramaniam Balaji vs State of Tamil Nadu where the Court while stating that the promises made in an election manifesto cannot be construed as a 'corrupt practice' under section 123 of the Representation of the People Act, 1951, had directed the Election Commission to frame guidelines on contents of election manifesto with the consultation of political parties and including it in the Model Code of Conduct (MCC) for the guidance of political parties and candidates.