The Delhi High Court dismissed a PIL filed by Independent candidate Aakash Goel over electoral finance gaps, misuse of government machinery, voter awareness, and high political spending. The Court held these issues are policy matters and directed him to approach authorities.
New Delhi: The Delhi High Court on Wednesday refused to entertain a Public Interest Litigation (PIL) that had sought directions to the Election Commission of India (ECI) regarding alleged loopholes in electoral finance, misuse of government machinery during elections, lack of voter awareness, and the issue of high political expenditure.
The matter came up before a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela.
The petition was filed by Aakash Goel, who had contested as an Independent candidate from Wazirpur in the Delhi Assembly elections held in 2025.
While examining the case, the Court observed that similar issues had already been considered earlier. It pointed out that the Telangana High Court had upheld the validity of Section 38(2) of the Representation of People Act, 1951.
The Delhi High Court noted that in the present petition,
“only Prayer No. 4 challenged constitutionality.”
The Bench also underlined that most of the other prayers in the petition could not be entertained by the Court since they were not legal issues but matters of governance and policy.
Chief Justice Upadhyaya remarked,
“Other prayers concern policy, and ECI has already submitted electoral reform proposals to the government.”
The Court further clarified that it was not the role of the judiciary to step into the domain of policymaking. Instead, the petitioner was given liberty to approach the relevant authorities.
As Chief Justice Upadhyaya stated,
“Petitioner may make a representation to competent authorities. Petition disposed.”
With these observations, the High Court disposed of the petition, declining to issue any directions against the Election Commission of India.
The order reinforces the judiciary’s consistent stance that while issues like electoral reforms, finance, and expenditure are important, they largely fall under the domain of policy decisions to be addressed by the legislature and the Election Commission in consultation with the government.
Case Title:
Aakash Goel v. Election Commission of India & Ors
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