SC declines to entertain plea seeking FIR against political parties for 'inducing' voters by offering freebies

The Supreme Court on Thursday declined to entertain a plea seeking direction to register FIRs against political parties for allegedly inducing voters by offering freebies while observing that it was a "motivated petition" and has "hidden agenda".

A bench of Chief Justice of India NV Ramana, Justices AS Bopanna, and Hima Kohli also said that the plea was a publicity interest litigation.

"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," said the bench.

"Why have you added particular names. This makes it motivated," asked Justice Bopanna.

The plea filed by Hindu Sena vice president Surjit Singh Yadav has said that he was aggrieved by the offer and promises made by Congress, Samajwadi Party (SP), Bahujan Samaj Party (BSP), and Aam Aadmi Party (AAP) in the ongoing assembly election being held in five states.

As the top court refused to entertain it, the petitioner then withdrew the plea.

Yesterday, advocate Barun Kumar Sinha appearing Yadav sought an urgent hearing of the plea. The bench then told him, "Forget about the election are over and all that. 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 challenged the offer and promises made by political parties during assembly elections of freebies to the voters and public if their government is voted in power.

Disqualify all the members set up by the Indian National Congress, Samajwadi Party in the State of Uttar Pradesh, and the candidates set up by the Aam Admi Party in the State of Punjab in the Assembly Election, 2022, the plea prayed.

It further sought direction "to register FIRs against the Congress, SP, BSP, and AAP for inducing the electors/voters by making offers of gifts, goods, money from the public exchequer, if they are voted to form the state government in the state of Uttar Pradesh, Uttarakhand, Punjab, Goa, and Manipur respectively for an offence committed under Section 123(1)(A) of Representation of People Act, 1951."

The plea also said candidates who are found to indulge in offering freebies may be declared disqualified from contesting the election in that state as this is important for free and fair voting of the candidates of elector choice.

The petition further contended that the Election Commission should be directed to evolve a mechanism at the time of filing nominations, the declaration to the effect that their political parties on whose symbol, they are contesting the election, have not made any offer and promise of freebies at the cost of public money if they are voted to power.

"If such declarations by the candidates are found wrong, such candidates must be declared disqualified from contesting the election and if elected, such election may be declared void," the plea urged.

( With inputs from ANI )

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