Poll freebies: SC refuses to entertain 'motivated' PIL with 'hidden agenda'

The Supreme Court on Thursday refused to entertain a PIL for registration of FIRs and disqualification of candidates from Congress, AAP and Samajwadi party for offering freebies during the Assembly polls in five states, saying this is a motivated plea, targetting some political parties.

"This is a motivated petition. We feel there is a hidden agenda. Why you are targeting particular parties," a bench presided over by Chief Justice N V Ramana asked advocate Barun Kumar Sinha, appearing for petitioner Surjit Singh Yadav.

The bench said the plea should be dismissed with exemplary cost as instead of seeking general directions, the petitioner has targetted a few political parties.

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"Why have you mentioned a particular party as if nobody else is doing it?" the bench asked the petitioner. It also sought to know the credential of the petitioner who said he is the national vice president of NGO 'Hindu Sena'.

The court declined to consider the plea, saying it was a publicity interest petition.

In his plea, the petitioner claimed that making an offer or promise of freebies by a political party, its leader, candidates set up in the elections, may be declared to be indulging in corrupt practices and bribery in terms of provisions of Section 123 (1)(b) of the Representations of People Act, 1951.

He sought a direction to disqualify all the members set up by the Indian National Congress and Samajwadi Party in Uttar Pradesh and the candidates put by the Aam Admi Party in Punjab in the Assembly Election 2022.

In the last five years, the registered political parties in order to induce the voters in their favour have been making offer or promise of freebies like free water, electricity, and wifi, and gifts like bicycle, laptop, mobile phones, etc.

"Therefore, the question arises, can a political party, its leaders make public announcement during election campaign or prior to it or offer and promise, to be fulfilled at the cost of public money. It further requires consideration if a political party can do so with public money and without any budgetary provision," it said.

Freebies have been offered by several political parties during the Assembly polls.

The top court had earlier on January 25 issued notice to the Centre and the Election Commission on a PIL by BJP leader and advocate Ashwini Kumar Upadhyay for declaring that promise or distribution of irrational freebies from public fund before election unduly influenced the voters, shaking the roots of free and fair election.

The plea contended such decisions by the political parties disturbed level playing field and vitiated the purity of election process, besides being violative of Articles 14, 162, 266(3) and 282 of the Constitution.

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