SC refuses to entertain PIL seeking to disqualify candidates seeking votes in lieu of freebies

Satya Prakash

New Delhi, March 3

The Supreme Court on Thursday refused to entertain a PIL seeking to disqualify Congress and Samajwadi Party candidates in Uttar Pradesh and those of Aam Aadmi Party in Punjab for allegedly luring voters by offering freebies from the public exchequer.

“This is a motivated petition. We feel there is a hidden agenda. Why are you targeting particular parties? You should have sought general directions rather than targeting particular parties,” a Bench led by CJI NV Ramana told the petitioner’s advocate Barun Kumar Sinha.

Petitioner Surjit Singh Yadav, Hindu Sena vice president, had also sought a direction to the Election Commission and the Centre to register FIRs against the Congress, Samajwadi Party, BSP and AAP.

“Therefore, the corrupt practices adopted by the registered political party through making an offer/promise to the voters/electors of freebies at the cost of public money, would certainly fall within the definition of bribery,” the petition stated.

While agreeing to take up the matter, CJI Ramana had on Wednesday said, “What will courts do, stop elections? Election bribing is taking place everywhere. We know that. It’s not for a particular state. You have to prove before a court of law.”

The PIL had demanded that the candidates set up by the said political parties may be declared disqualified during the election campaign or before the election were held or the post-election by the Election Commission.

The petitioner said if the Congress, Samajwadi Party, BSP and AAP were voted to form the government in Uttar Pradesh, Uttarakhand, Punjab, Goa or Manipur by inducing the voters by offering of gift, goods, money from the public exchequer the parties should be charged with “corrupt practices” – an offence under Section 123(1)(A) of Representation of People Act, 1951.

The Election Commission should be directed to evolve a mechanism at the time of filing nominations, declarations to the effect that the political parties on whose symbol candidates were contesting would not make any offer and promise of freebies at the cost of public money, if voted to power.

“If such declarations by the candidates are found wrong, such candidates must be declared disqualified from contesting elections and if elected, such election may be declared void,” the PIL demanded.