Retired Justice SN Dhingra has moved the Delhi High Court against the Bhartiya Janata Party (BJP), Aam Aadmi Party (AAP) and Indian National Congress (INC) over their political promises to distribute cash to the voters in the upcoming Assembly polls, alleging that it falls within the meaning of “corrupt practices.”
The PIL refers to AAP’s “Mukhyamantri Mahila Samman Yojana”, BJP’s “Mahila Samridhi Yojna” and Congress’ Pyari Didi Yojna” wherein the parties have promised cash benefits to the voters if they are elected to power. A direction is also sought on BJP, AAP and Congress to desist from collecting personal and electoral data of voters and not to share or use the same to any third party.
The petitioner argues that such schemes violate provisions of the Representation of the People Act, 1951, particularly Section 123(1), which pertains to corrupt practices, and Section 127A, which pertains to corrupt practices, and Section 127A, which deals with unauthorized election materials. Additionally, these actions allegedly breach Sections 170 and 171 of the Bhartiya Nyaya Sanhita, 2023, which relate to bribery and undue influence in elections. Furthermore, these actions disregard advisory guidelines issued by the Election Commission of India (ECI),” the petitioner argues. The petition has been filed by Justice Dhingra who is also the President of organisation Samay Yaan (Sashakt Samaj).
The petitioner is seeking directions to cease and desist from collecting personal and electoral data of voters under false pretences and direct not to share & use the data collected during election to any third party.
“Declare such cash-oriented schemes as unconstitutional & against the spirit of free and fair elections and classify as election manipulation,” reads the petition.
The judge has contended that such activities not only violate electoral laws but also infringe upon the fundamental rights of the voters, including their right to privacy under Article 21 of the Constitution of India and severely hampers the free and fair conduct of the polls.
Justice (Retd) Dhingra, in his PIL, is seeking directions from the Delhi High Court to the three national parties to “cease and desist from collecting personal and electoral data of voters under false pretences” and that they are directed to not share and use the data collected during elections to any third party.
The PIL is also seeking cash-oriented schemes to be declared unconstitutional and classified as election manipulation. It is also seeking directions to the Election Commission of India to frame rules for political parties in respect of promises against cash distribution to voters.
One of the primary concerns raised in the petition pertains to the “Mukhyamantri Mahila Samman Yojana”, announced by AAP, which is allegedly being misrepresented as a Delhi government initiative. The petitioner claims that AAP is promising Rs 2,100 per month to female voters post-elections in exchange for their votes, which constitutes bribery disguised as an electoral promise. Similarly, BJP and Congress have reportedly launched their own schemes-”Mahila Samridhi Yojana” and “Pyari Didi Yojana”-offering direct cash benefits of Rs 2,500 per month to female voters if elected.
The petition also prays for monitoring mechanisms to ensure a free and fair election in Delhi. It is also pointed out that Political parties have been allotted offices for in Parliament and State Legislative Assemblies and land for the party office in National Capital at a very nominal price by the Central Government, along with the role they play in the democratic setup and the nature of duties performed by them, indicate their public character. Political parties are effective intermediaries that link social forces and ideologies to governmental institutions, acting as a connecting link between the government and public opinion.
