Promising pre-election freebies deemed corrupt practice," argues Supreme Court petitioners

New Delhi: Several petitions presented before the Supreme Court have challenged the practice of political parties offering pre-election freebies, asserting that such pledges are deemed bribery and a corrupt practice under the Representation of the People Act.

Advocates argue that these commitments should be considered grounds for voiding an election.

Advocate Ashwini Kumar Upadhyay and others have petitioned the court, urging the Election Commission to utilise its authority to freeze the election symbols of parties involved in promising handouts and annul their registration.

Senior advocate Vijay Hansaria, representing the petitioners, emphasised that the 2013 judgment by a two-judge bench in the case of S Subramaniam Balaji vs The Government of Tamil Nadu and others necessitated reconsideration. He pointed out that this ruling does not align with the correct interpretation of the law.

"Under section 123 of the RP Act, 1951 'bribery' is deemed to be corrupt practice for the purpose of the Act," stated Hansaria. He highlighted that promises made by political parties constitute a form of bribery under Section 123(1)(A) of the RP Act, which, if fulfilled under certain conditions mentioned in the Act, should be a basis for declaring an election void under Section 100(1)(b).

The ongoing hearing on the matter before a three-judge bench comprising Chief Justice DY Chandrachud, justices JB Pardiwala, and Manoj Misra remained inconclusive. It is set to continue on Thursday.

Previously, the Supreme Court acknowledged the necessity for an extensive discussion on the issues raised in the petitions. The court directed the listing of these petitions before a three-judge bench to explore the scope of judicial intervention regarding the relief sought, the enforceability of any order, and the possibility of appointing a commission or expert body to address the matter.