New Delhi: The Delhi High Court on Wednesday (February 12) refused to hear a Public Interest Litigation (PIL) filed by its former judge against the freebies and cash-oriented schemes offered by the political parties prior to elections, saying the Supreme Court was already hearing a similar issue and there couldn’t be parallel litigations on one issue.
A bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela, while saying that the petitioner has raised an important and larger issue, asked the petitioner SN Dhingra, a retired Delhi High Court judge, to move the top court which is seized of the matter and is hearing it on two aspects – distribution of freebies to voters and if it amounted to corrupt practices.
What did the High Court say?
“There are two aspects, freebies and whether it amounts to corrupt practice. This matter is already pending before the Supreme Court. The Supreme Court has taken up both the issues… You better seek impleadment there and assist the court there,” the bench said and added, “Essentially the subject matter of this PIL petition is already engaging the attention of the Supreme Court and accordingly, we are not inclined to entertain this petition at this stage.”
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The counsel representing the petitioner sought to withdraw the plea and the same was allowed by the bench.
Justice Dhingra moved High Court before Delhi assembly elections
Justice Dhingra moved the High Court before the Delhi assembly elections, raising objections on political parties announcing freebies, saying the entire election process was in violation of the apex court order. The plea said that schemes like Mukhyamantri Mahila Samman Yojana by the Aam aadmi Party (AAP), Mahila Samridhi Yojna by the Bharatiya Janata Party (BJP) and Pyari Didi Yojna by the Congress party gave direct cash benefit to women post polls and the same violated the election laws, amounting to “bribe in the form of election promises”.
What did the petition seek?
“The ECI (Election Commission of India) has consistently emphasised that political parties and candidates must refrain from making promises that are akin to bribery or undue influence on the voters under the pretext of welfare schemes. These guidelines aim to ensure a level playing field among contestants, uphold the integrity of elections, and safeguard the principles of free and fair elections,” the plea said while seeking a declaration that cash-oriented schemes by political parties were unconstitutional and against the spirit of free and fair elections.
