Delhi Assembly Polls: Retired Justice SN Dhingra Moves High Court Against Political Parties Over 'Cash-Oriented Schemes'

Retired Justice SN Dhingra has moved the Delhi High Court against the Bhartiya Janata Party (BJP), Aam Aadmi Party (AAP) and Indian National Congress (INC) over their political promises to distribute cash to the voters in the upcoming Assembly polls, alleging that it falls within the meaning of “corrupt practices.”

The judge has contended that such activities not only violate electoral laws but also infringe upon the fundamental rights of the voters, including their right to privacy under Article 21 of the Constitution of India and severely hampers the free and fair conduct of the polls.

The PIL has been filed by Justice Dhingra who is also the President of organization Samay Yaan (Sashakt Samaj).

The plea seeks a direction on the Election Commission of India (ECI) to conduct a thorough inquiry into the alleged corrupt practices and illegal data collected by the three political parties in questions under the garb of monetary schemes, without explicit consent of the voters.

A direction is also sought on BJP, AAP and Congress to desist from collecting personal and electoral data of voters and not to share or use the same to any third party.

A further direction is sought to that “cash-oriented schemes” be declared as unconstitutional and against the spirit of free and fair elections, as the same classify as “election manipulation.”

The plea also seeks a direction on ECI to frame rules for political parties in respect of promises against cash distribution to voters and also to strengthen monitoring mechanisms to prevent further violation of electoral laws.

The PIL refers to AAP's “Mukhyamantri Mahila Samman Yojana”, BJP's “Mahila Samridhi Yojna” and Congress' Pyari Didi Yojna” wherein the parties have promised cash benefits to the voters if they are elected to power.

“These actions violate provisions under the Representation of the People Act, 1951, specifically Section 123(1) (Corrupt Practices), Section 127A (Unauthorised election materials), as well as Section 170 & 171 of the Bhartiya Nyaya Sanhita, 2023 (Offences of bribery and undue influence during elections). Furthermore, these actions disregard advisory guidelines issued by the Election Commission of India (ECI),” the plea states.

Title: JUSTICE (RETD.) S.N. DHINGRA, PRESIDENT, SAMAY YAAN (SASHAKT SAMAJ) v. ELECTION COMMISSION OF INDIA & ORS.