Supreme Court to hear PIL seeking FIRs, disqualification of candidates for freebies

NEW DELHI: The Supreme Court on Wednesday agreed to examine a plea seeking registration of FIRs and disqualification of candidates belonging to various political parties, for offering freebies amid the ongoing polls in five states.

Advocate Barun Kumar Sinha mentioned the plea before a bench presided over by Chief Justice NV Ramana. The bench, also comprising Justices AS Bopanna and Hima Kohli, said: "Election bribing is taking place everywhere. It is not for a particular state." After hearing brief submissions, the bench agreed to list the matter on Thursday.

The petition has been filed by Surjit Singh Yadav, Vice President of NGO Hindu Sena, seeking a direction to disqualify candidates fielded by the Congress, and Samajwadi Party in Uttar Pradesh and also the candidates representing Aam Aadmi Party in Punjab in this year's Assembly election.

The plea said: "An offer or promise 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 and the candidates set up by such political parties may be declared disqualified from contesting the election in that state." The petitioner said he has come across the offer of freebies made by the leaders of Congress, Samajwadi Party and Aam Aadmi Party during Assembly elections, 2022 which are being held in Uttar Pradesh, Uttarakhand, Punjab, Goa, and Manipur.

The plea urged the top court to issue directions to register FIRs against the political parties for inducing voters by making an offer of a gift, goods, money from the public exchequer, if they are voted to form the government in the states 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 petitioner has witnessed in last five years that registered political parties to induce the voter in their favour have been making offer/promise of freebies like free water, free electricity, free Wi-Fi, gifts like bicycle, laptop, mobile phones etc. if voted to form the government," said the plea.

The plea questioned whether a political party or its leaders can make the public announcement during the election campaign or before the election campaign or offer, which is to be fulfilled at the cost of public money.

"It further requires consideration by this court that in the event of the involvement of public money to fulfil an offer or promise, it would not attract Section 123(1) (a) of the Representation of People Act, 1951," it added. (IANS)

Also Read:  Nearly 5,000 cases pending against MPs, MLAs, UP tops list with 1,339, SC told

Also watch: