Madras High Court Laments Political Favours Preventing Police From Acting Against Voter Bribery In Elections

“The Police is the only machinery which can prosecute these cases. However, they are taking sides and they are not prosecuting these type of cases, expecting some favours from the political parties. It appears that not even a single case has been prosecuted in an effective manner and any conviction has been recorded. Therefore, the persons, who are indulging in bribing, are doing it without any fear on the provisions available under the Indian Penal Code and the Representation of the People Act,” the court said.

Justice B Pugalendhi further observed that bribing voters during an election was not just an offense against an individual but an offense against society. The court added that such bribing destroys the very basis of democracy. The court also remarked that since the police were not acting against the offenders, people ended up committing subsequent offence.

The court remarked that though we were proudly declaring ourselves to be the largest democracy, of late, the gratifications of voters during elections was rising. The court also noted that the amounts recovered during every election were alarming and denoted that the very purpose and objective of democracy is defeated by the rich and the powerful. The court added that if the situation is not addressed, it would lead to a monarchy where the rich would decide the ruler.

“We are proudly declaring that we are the largest democratic country in the world. However, of late, gratifications are being made to the electors in the form of money, food, prizes, etc. In fact, the cases reported for distribution of money / gift to the voters are raising in every election. The amounts recovered during every elections are alarming and it denotes that the very purpose and object of democracy is defeated by the rich and powerful. This would demolish the very basic structure and it would ultimately led to a form of Monarchy, where money would decide the ruler. This can be curtailed only by an effective prosecution as against those who are indulging in such activities,” the court said.

The court was hearing petitions filed by men seeking to quash the criminal proceedings pending against them. They were booked under Section 171(E) of IPC for allegedly distributing money in favor of the first accused's wife, who was contesting in the Panchayat Election.

The petitioners sought to quash the proceedings on the grounds of a compromise between the accused and the de facto complainant.

The court noted that though the Police had stated in the FIR that they had registered the vase after ascertaining the genuineness of the complaint, they had not taken any steps to file the final report though the complaint was lodged in 2019.

The court further noted that an offense of such nature could not be quashed based on compromise between the parties and such petitions could not be entertained. The court commented that it was important to protect the purity and sanctity of elections which could be ensured only by taking strict action against those indulging in such offences.

The court thus impleaded the Director General of Police (Head of Police Force). It directed the officer to furnish details of the number of cases registered for bribing voters in the Parliamentary Elections in 2019 & 2024, the Tamil Nadu State Assembly Elections in 2021 and the Tamil Nadu Urban Local Body Election 2022. The court also directed the DGP (HoPF) to furnish the details of the number of cases in which the final reports were filed and the details of cases that ended in conviction.

Citation: 2024 LiveLaw (Mad) 290

Case Title: Arulraj and another v The Inspector of Police and Others

Case No: Crl OP (MD) 11019 of 2024