Poll day: HC stays ban on complimentary food for voters

A vacation bench of the Karnataka High Court on Tuesday stayed the operation of the May 9, 2023, publication issued by the Assistant Commissioner (Election), Bengaluru, that restricted the Bruhat Bengaluru Hotels Association from providing complementary food to voters on May 10, the day of polling.

After a special sitting, Justice T G Shivashankare Gowda stated that while offering complimentary food, hotels should not violate any guidelines/code of conduct pertaining to the Karnataka assembly elections.

It was contended that initially one hotel was granted conditional permission on May 7, 2023, to serve complimentary food to those who have cast their votes. It was further argued that the complimentary food was offered only with the intention to help increase voting percentage during the elections and that they are not associated with any political party.

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On May 9, 2023, a publication was issued by the Assistant Commissioner (Election), Bengaluru, that no one should distribute food free or at concession rates to voters. The publication said that such an offer amounts to violation of the model code of conduct and is considered an inducement.

Marketing strategy

Defending the action, officials stated that the conduct of the hoteliers was only a marketing strategy taking advantage of elections for free publicity, which cannot be supported by an order of the court.

According to officials, the permission was granted only to one hotel falling under the Shivajinagar assembly constituency and the same has been revoked.

Justice T G Shivashankare Gowda observed that the offer cannot be considered an inducement since it is only for those who voluntarily visit hotels after casting the vote.

“It is not a compulsion for anybody either to go for it or not. It is of the individual will of a person and therefore, there is no question of inducement for anybody and the apprehension that entire voters of Bengaluru city going to hotels causing law and order problems is not acceptable,” the court said.

The court further said that no hotel or association shall proclaim or claim any credit for themselves or on behalf of any political parties.

“The hoteliers shall not receive any contribution from any politician/leader or political party associated with the assembly election for such services. If they claim any such benefit either through the press or media, they are liable to be prosecuted for violation of the Model Code of Conduct,” Justice Gowda said.