The Supreme Court on Thursday refused to entertain a PIL seeking a direction to register an FIR against political parties for allegedly motivating voters by giving them free gifts, saying it The petition was motivated and was a publicity interest litigation. A bench headed by Chief Justice NV Ramana raised the issue of selecting five political parties in a PIL filed by the vice-president of the NGO, Hindu Sena, accusing them of promising them free of cost.
“We think it is motivated, selectively, to do the damage you are doing. You have a hidden agenda. Who are you,” asked the bench which also included Justices AS Bopanna and Hema Kohli.
Advocate Barun Kumar Sinha, appearing for the petitioner, said, “I am the vice-president of Hindu Sena NGO. Why there are special parties in your petition, it should have been of general nature.” There was some hidden agenda in the PIL.
Thereafter the lawyer withdrew the petition. On Wednesday, the top court had agreed to consider listing for urgent hearing a plea that accused the Congress, Samajwadi Party, BSP and Aam Aadmi Party of promising freebies in assembly elections in five states. .
Hindu Sena Vice President Surjit Singh Yadav, while filing the petition, said that he is aggrieved by the proposals and promises made by these five parties in the ongoing assembly elections in five states. “Such offer or promise by a political party, its leader, candidates standing for election, may be declared to have indulged in corrupt practices and bribery under the provisions of section 123(1)(b) of the Representation of the People Act, 1951 and the candidates set up by such political parties may be disqualified from contesting elections in that State.
“This electorate is important for free and fair voting of choice candidates. Further, in order to maintain the purity of the election process, the corrupt practices adopted by political parties, their agents, candidates and leaders should be outlawed at the threshold,” the petition said, directing the Election Commission to develop a Mechanism at the time of filing nomination, a declaration to the effect that their political parties, on whose election symbol they are contesting, have not made any offer and promise free of cost at the cost of public money if they come to power .
The petition states, “If such declarations by the candidates are found to be false, such candidates shall be disqualified from contesting the election and if they are elected, such election may be declared invalid. ” Apart from the Center and the Election Commission, the petition has made the Congress. , Samajwadi Party, BSP, and Aam Aadmi Party as parties.
Earlier, the top court had issued notices to the Center and the Election Commission on another PIL filed by Ashwini Upadhyay, contending that freebies are a serious issue as sometimes the freebie budget goes beyond the regular budget. Upadhyay had sought a direction to the Election Commission to confiscate the symbol or cancel the registration of a political party giving or distributing irrational free gifts before the elections.
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