Today, On 12th February, The Delhi High Court refused to hear a petition by Justice SN Dhingra against election freebies. The court suggested that he approach the Supreme Court, as a similar case is already pending there. Justice Dhingra had challenged the distribution of freebies by political parties during elections. The decision directs the matter to the highest court for further consideration.
New Delhi: The Delhi High Court declined to entertain a petition on Wednesday that challenged promises made by political parties to distribute cash to voters ahead of the upcoming Delhi Assembly elections.
The petition filed by retired Delhi High Court Justice S.N. Dhingra, who argued that such actions not only violate electoral laws but also infringe upon voters’ fundamental rights, significantly undermining the free and fair conduct of elections.
However, a bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela noted that a similar case is already pending before the Supreme Court regarding freebies offered by political parties.
Consequently, the High Court stated it could not entertain a similar plea simultaneously.
The court advised the petitioner,
“You approach the Supreme Court then, implead yourself. The same matter is pending there regarding whether freebies are legal and if they constitute corrupt practices. We will not entertain this petition at this juncture to avoid parallel proceedings.”
The court allowed the petitioner to withdraw the petition, granting him the liberty to approach either the Supreme Court or the High Court later. The plea sought the establishment of monitoring mechanisms to ensure a free and fair election in Delhi.
It referenced the AAP’s “Mukhyamantri Mahila Samman Yojana,” the BJP’s “Mahila Samridhi Yojna,” and Congress’ “Pyari Didi Yojna,” all of which promise cash benefits to voters should the parties come to power.
Also Read: Delhi HC Dismiss State Plea To Condone Delay of 28 Years In Filling Appeal
The petition claimed these actions violate provisions of the Representation of the People Act, 1951, particularly Section 123(1) (Corrupt Practices), Section 127A (Unauthorized Election Materials), and Sections 170 and 171 of the Bharatiya Nyaya Sanhita, 2023 (Offences of Bribery and Undue Influence During Elections).
Moreover, it alleged that these schemes allow parties to collect personal and electoral data from voters without their explicit consent, infringing upon their right to privacy.
The petition submitted through advocates Amit Grover, Siddhartha Borgohain, and Harshvardhan Sharma.
Also Read: Election Freebies Distribution in India: Impact on Democracy and Legal Perspectives
In the 2025 Delhi Assembly elections, the BJP emerged victorious, reclaiming power in the national capital for the first time in nearly 30 years. The AAP, led by Arvind Kejriwal, faced a significant defeat in its attempt to secure a third consecutive term, as the BJP captured 48 of the 70 seats, while the AAP managed to win only 22.
Meanwhile, the Congress party continued its struggles, failing to secure a single seat for the third consecutive Delhi Assembly election.
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