Supreme Court Issues Notice To Rajasthan & Madhya Pradesh On Plea Challenging Chief Ministers Announcing 'Election Freebies'

The Supreme Court on Friday (October 6) issued notice on a writ petition challenging the cash assistance offers announced by the Chief Ministers of Madhya Pradesh and Rajasthan as 'election freebies'.

The bench issued notice to the Union of India, States of Rajasthan, Madhya Pradesh and the Election Commission of India and posted the matter after four weeks. A bench led by Chief Justice of India DY Chandrachud said that the petition will be tagged with the an earlier case which raised the issue of election freebies(Ashwini Upadhyay v Union of India,Writ Petition (Civil) 43 of 2022) which was referred to a three judge bench in August 2022.

The petitioner, Bhattulal Jain, submitted that the financial situation of Rajasthan and Madhya Pradesh is very bad, as evidenced by the reports of the Reserve Bank of India; nevertheless, the Chief Ministers of these States have announced cash benefits a few months ahead of the assembly elections, which are due the end of this year. He contended that the situation in the State of MP is so bad that public properties have been mortgaged by the State to take loans.

"Before elections, all kinds of promises are made. Can we control them?" CJI DY Chandrachud asked the petitioner's counsel.

"A line has to be drawn between what is public interest and what is not. Distributing cash- nothing is more atrocious than permitting the government to distribute cash. Six months before elections these things start. Ultimately the burden is on tax paying citizens of this country." the counsel replied.

The bench agreed to consider the matter. The bench also asked the petitioners to remove the Chief Ministers of Rajasthan and Madhya Pradesh from the array of parties and substitute them with the respective State Governments.

The petitioner contended that the funds in the Consolidated Fund of India cannot be utilised by a Chief Minister to "lure" voters ahead of elections. The petition sought a declaration that promise of electoral freebies from the public fund to lure voters amounts to offence of bribery and undue influence under Sections 171B and 171C of the Indian Penal Code.

The petitioner also sought for framing of guidelines to regulate Chief Ministers making announcements of offers by using consolidated funds before elections.

"No government can declare free electricity, free water or loan waiver without the approval of the legislative assembly, irrespective of which government is ruling. Since the money belongs to our taxpayers, they have the right to monitor its use", the petition said. 

Bhattulal Jain v. Union of India |W.P.(C) No. 1044/2023