The Delhi High Court on Wednesday rejected a PIL seeking a probe by the Election Commission of India (ECI) against three major political parties of the country for collecting data of voters under the garb of monetary schemes, during the recently-concluded Delhi Assembly elections, without their explicit consent, apart from offering cash-oriented schemes to the public.
The Division Bench of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela refused to entertain the plea filed by retired High Court judge Justice SN Dhingra on the grounds that a similar petition was being heard by the Supreme Court.
The High Court asked the petitioner to seek impleadment in the case of Ashwini Kumar Upadhyay vs Union of India, which was currently pending adjudication before the Apex Court.
There could not be two parallel litigations on one issue. Besides, there may be a difference of opinion, noted the High Court and rejected the plea.
The Counsel appearing for the retired High Court judge submitted that that political parties were trying to sell freebies at the cost of the public exchequer.
Representing the ECI, Advocate Suruchi Suri apprised the Bench that the Apex Court was already considering the issue of freebies in the Ashwini Kumar Upadhyay case. A three-judge Bench was required to be set up in terms of a 2023 order, she added.
The Bench observed that since the top court of the country was hearing both aspects mentioned in the current plea, it would be better for the petitioner to seek impleadment and assist the court there.
Filed by Justice Dhingra, a retired High Court judge and President of organisation Samay Yaan (Sashakt Samaj), the petition sought direction to the ECI to conduct a thorough inquiry into the alleged corrupt practices and illegal data collected by the Bhartiya Janata Party (BJP), the Aam Aadmi Party (AAP), and the Indian National Congress (INC) under the garb of monetary schemes, without explicit consent of the voters.
Noting that such an act fell within the meaning of corrupt practices, the petitioner further sought direction against BJP, AAP and Congress to desist from collecting personal and electoral data of voters and not to share or use the same with any third party.
Referring to AAP’s ‘Mukhyamantri Mahila Samman Yojana,’ BJP’s ‘Mahila Samridhi Yojna’ and Congress’ ‘Pyari Didi Yojna,’ wherein the parties promised cash benefits to the voters if they were elected to power, the plea prayed to declare cash-oriented schemes as unconstitutional and election manipulation, terming them against the spirit of free and fair elections.
It further sought direction to the ECI to frame rules for political parties in respect of promises against cash distribution to voters and also to strengthen monitoring mechanisms to prevent further violation of electoral laws.
The petitioner contended that the actions violated provisions under the Representation of the People Act, 1951, specifically Section 123(1) (Corrupt Practices), Section 127A (Unauthorised election materials), as well as Section 170 & 171 of the Bhartiya Nyaya Sanhita, 2023 (offences of bribery and undue influence during elections). These actions further disregarded the advisory guidelines issued by the Election Commission, it added.