In his plea, Upadhyay has argued that arbitrary promises of irrational freebies violate the mandate of the Election Commission of India (ECI) to conduct free and fair elections. Distribution of money and promise of freebies has reached alarming levels, he has contended.
The plea cited the following examples from the Punjab Assembly elections held in February 2022:
1. Aam Aadmi Party promised ₹1,000 per month to every woman aged 18;
2. Shiromani Akali Dal (SAD) promised Rs. 2000 to each woman to lure them.
3. Thereafter Congress not only promised Rs. 2000 per month and 8 gas cylinders per year to every house wife but also promised a Scooty to every collage going girl, Rs. 20,000 after passing 12th class, Rs. 15,000 after passing 10th class, Rs. 10,000 after passing 8th class and Rs. 5000 after passing 5th
4. For UP Assembly elections, Congress promised a smartphone to every girl studying in Class 12, a Scooty to every girl pursuing graduation, free public transport for women, eight free gas cylinders per year to every housewife, free medical treatment up to Rs 10 lakh per family.
He thus prayed for directions to declare that promise/distribution of irrational freebies from the public fund before election to lure voters is violative of Articles 14, 162, 266(3) and 282 of the Constitution and analogous to the ‘bribery and undue influence’ under Sections 171B and 171C of the Indian Penal Code 1860.
Upadhyay also prayed for directions to the ECI to insert an additional condition in Paras 6A, 6B and 6C of the Election Symbols Order 1968 mandating that “political party shall not promise/distribute irrational freebies from the public fund before election”.
The plea also sought directions the ECI to seize election symbols from and to de-register political parties which promise/distribute irrational freebies using public funds.
Source: Barandbench
