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The Delhi High Court on Wednesday (February 12, 2025) refused to examine a plea against “freebies” and cash-oriented schemes by political parties ahead of elections, noting the Supreme Court was already hearing a similar issue.
A bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela asked the petitioner, a retired judge, to move the apex court which is hearing the matter on two aspects — distribution of freebies to voters and if it amounted to corrupt practices.
“There are two aspects, freebies and whether it amounts to corrupt practice. This matter is already pending in the Supreme Court. The Supreme Court has taken up both the issues… You better seek impleadment there and assist the court there,” it said.
It said there couldn’t be parallel litigations on one issue.
The bench went on, “Essentially the subject matter of this PIL petition is already engaging the attention of the Supreme Court and accordingly, we are not inclined to entertain this petition at this stage.” The court however said the petitioner had raised an “important and larger issue”.
The petitioner’s counsel sought to withdraw the plea and was allowed by the bench.
Former Delhi High Court judge S.N. Dhingra, who is the petitioner, objected to the announcement of “freebies” by political parties and said the entire election process was in violation of the law laid down by the Supreme Court.
Though the plea was filed days before Delhi elections, it came up for hearing on Wednesday (February 12, 2025).
His counsel said the petition also raised another issue of the collection of voter data by political parties for the distribution of freebies.
The counsel for the Election Commission of India (ECI) submitted that the Supreme Court was already considering the issue of freebies in the Ashwini Kumar Upadhyay case.
Mr. Dhingra, in his plea filed as the president of the organisation Samay Yaan (Sashakt Samaj), said schemes like AAP‘s Mukhyamantri Mahila Samman Yojana, BJP‘s Mahila Samridhi Yojna and Congress’ Pyari Didi Yojna, gave direct cash benefit to women post polls and violated the election laws, amounting to “bribe in the form of election promises”.
“The ECI has consistently emphasised that political parties and candidates must refrain from making promises that are akin to bribery or undue influence on the voters under the pretext of welfare schemes. These guidelines aim to ensure a level playing field among contestants, uphold the integrity of elections, and safeguard the principles of free and fair elections,” said the plea.
Seeking a declaration that such cash-oriented schemes were unconstitutional and against the spirit of free and fair elections, the plea sought it to be classified as “election manipulation”.
Published – February 12, 2025 04:43 pm IST
