PIL in Supreme Court to deregister political parties promising freebies before elections

A Public Interest Litigation petition has been filed before the Supreme Court seeking directions to Election Commission of India to seize election symbol and deregister political parties, which promise/distribute irrational freebies using public funds before elections..The petitioner, BJP leader Ashwini Kumar Upadhyay also sought a direction to be issued to the Central government to enact a law in this regard. .The plea cited the following examples from the upcoming Punjab Assembly elections:1. Aam Aadmi Party promised ₹1,000 per month to every woman aged 18;2. Shiromani Akali Dal (SAD) promised Rs. 2000 to each woman to lure them. 3. Thereafter Congress not only promised Rs. 2000 per month and 8 gas cylinders per year to every house wife but also promised a Scooty to every collage going girl, Rs. 20,000 after passing 12th class, Rs. 15,000 after passing 10th class, Rs. 10,000 after passing 8th class and Rs. 5000 after passing 5th4. For UP Assembly elections, Congress promised a smartphone to every girl studying in Class 12, a Scooty to every girl pursuing graduation, free public transport for women, eight free gas cylinders per year to every housewife, free medical treatment up to Rs 10 lakh per family.Distribution of money and promise of freebies has reached alarming levels, the petitioner contended. "If the integrity of electoral process is compromised then the notion of representation becomes vacuous," the plea said..Upadhyay has also prayed for directions to declare that promise/ distribution of irrational freebies from the public fund before election to lure voters is violative of Articles 14, 162, 266(3) and 282 of the Constitution and analogous to the 'bribery and undue influence' under Sections 171B and 171C of the IPC..The petitioner also prayed for directions to ECI to insert an additional condition in Paras 6A, 6B and 6C of the Election Symbols Order 1968 mandating that “political party shall not promise/distribute irrational freebies from the public fund before election”.The plea also sought directions the ECI to seize election symbol/ deregister the political party which promise/distribute irrational freebies using public fund.

PIL in Supreme Court to deregister political parties promising freebies before elections

Debayan Roy

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