Today, On 3rd February, The Delhi High Court declined an urgent hearing on a PIL filed by a retired judge challenging cash-based schemes by political parties. The petition raises concerns over the impact of such schemes on fair elections. The court did not find immediate grounds for urgency. The matter will be considered in due course.
New Delhi: The Delhi High Court on Monday refused to grant an urgent hearing for a Public Interest Litigation (PIL) filed by a retired judge, challenging cash-oriented schemes introduced by political parties ahead of elections.
The petitioner argued that these schemes could unfairly influence voters and undermine the democratic process.
However, the bench, consisting of Justice Devender Kumar Upadhya and Justice Tushar Rao Gedela, instructed the counsel for petitioner Retired Justice SN Dhingra to address the objections in the case before it could be automatically listed for hearing.
The court noted that since campaigning for the Delhi Elections would conclude that evening, the matter would be taken up when it is listed by the registry, prioritizing the larger interests of the case.
The bench led by Chief Justice Devendra Kumar Upadhyay, stated,
“Whatever impact the freebies had to have, it’s already happened; the campaigning will end today,”
Retired Justice SN Dhingra’s petition asserts that the cash-oriented schemes announced by political parties prior to the Delhi Assembly elections are unconstitutional, undermine the principles of free and fair elections, and amount to electoral manipulation.
The PIL also requests that the Election Commission of India instruct the BJP, Indian National Congress (INC), and Aam Aadmi Party (AAP) to immediately stop collecting personal and electoral data of voters under misleading pretenses. Furthermore, it seeks an order to prevent these parties from sharing or using the collected data with any third parties.
Additionally, the plea calls for the Election Commission to establish rules for political parties concerning promises related to cash distribution to voters or specific groups. It also urges the ECI to enhance monitoring mechanisms to prevent further breaches of electoral laws, ensuring a free and fair election in Delhi.
The petition, filed through Advocates Amit Grover, Siddhartha Borgohain, and Harshvardhan Sharma, alleges corrupt practices and illegal activities by the aforementioned political parties in connection with the upcoming elections.
It contends that these actions violate electoral laws and infringe upon voters’ fundamental rights, including their right to privacy under Article 21 of the Constitution, thereby severely compromising the integrity of the electoral process.
The plea highlights that political parties have been allocated offices in Parliament and State Legislative Assemblies, as well as land for party offices in the National Capital at nominal prices by the Central Government. It asserts that their role in the democratic framework and the duties they perform indicate their public character.
The plea states,
“Political parties are effective intermediaries that connect social forces and ideologies to governmental institutions, acting as a link between the government and public opinion. Thus, due to their specific functions, political parties in India can be considered an instrumentality or agency of the Government and fall under the definition of ‘State’ as outlined in Article 12 of the Constitution of India,”