SC strict on promises of gifts of parties: Supreme Court seeks response from Center and Election Commission, tells petitioner - why mention only two parties

Posted on 25th Jan 2022 by rohit kumar

The Supreme Court on Tuesday issued notices to the Central Government and the Election Commission, asking how right it is to entice voters by promising to give gifts. The Supreme Court was hearing a petition by a BJP leader seeking a direction to the Election Commission to cancel the registration and symbol of such political parties, which promised to give gifts from public money before the elections. We do.

 

CJI said this is a serious issue

BJP's Ashwini Kumar Upadhyay, who has filed a petition in the Supreme Court, has also demanded a direction to the Central Government to make a law related to it. A bench of CJI NV Ramanna, Justices AS Bopanna, and Hima Kohli said that a serious issue has come to the fore through the petition. The CJI said, "It is a serious issue. The free budget is bigger than the regular budget. Even though it is not a corrupt practice, it creates conditions of inequality."

 

The names of selected parties were in the petition

The CJI reprimanded the petitioner for writing the names of only two parties in the affidavit, saying that you had named only selected parties and states. At the same time, Justice Kohli said that you have been very selective. However, the court still issued the notice because of the legal issue raised in the petition.

 

Examples related to assembly elections were given in the petition

In the petition, Ashwini Kumar had given many examples related to Punjab and UP assembly elections.

 

The Aam Aadmi Party promised to give one thousand rupees every month to every woman of 18 years.

 

Shiromani Akali Dal promised two thousand rupees to the woman to woo the voters.

 

The Congress promised two thousand rupees every month to every housewife and 8 gas cylinders every year.

 

Promised to give a scooty to every girl going to college, 20 thousand rupees after passing 12th, 15 thousand rupees after passing 10th, 10 thousand rupees after passing. At the same time, after the 8th pass and 5th pass, he has promised to give 5 thousand rupees.

 

In the UP assembly elections, Congress gave a smartphone to every girl studying in class 12th, a scooty to a girl who graduated, free public transport for women, eight free gas cylinders every year to every woman, every housewife, up to 10 lakhs to every family. Promised to provide free medical treatment.

 

Constitution cited on gifts

The petitioner said that the distribution of money and the promise of gifts has reached an alarming level. Upadhyay has also appealed to issue a direction that irrational gifts from public money before elections to woo voters are violative of Articles 14, 162, 266(3), and 282 of the Constitution. Not only this, it comes under the category of a bribe under Section 171B and 171C of IPC.

 

Demand for making a new law

The petitioner also appealed for a direction to the Election Commission to add a condition in Para 6A, 6B, and 6C of the Election Symbols Order 1968, which states that "Political parties shall be free to give irrational gifts out of public money before elections". Will not promise and will not distribute.