SC notices to Raj, MP and govt on pre-poll promises

The Supreme Court on Friday sought responses from the election-bound states of Madhya Pradesh and Rajasthan on a petition that questioned pre-election freebies being distributed out of state treasuries at a time when they are reeling under huge debt

- Abraham Thomas

A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud also sought responses from the Centre and the Election Commission of India (ECI) while observing that before elections, all kinds of promises are made over which courts have little control.

As the issue is already pending before the top court in a petition filed by Delhi Bharatiya Janata Party (BJP) leader Ashwini Kumar Upadhyay, the bench, also comprising justices JB Pardiwala and Manoj Misra, directed the present petition to be heard along with Upadhyay’s plea.

The court was hearing a petition filed by Bhattulal Jain, a resident of Madhya Pradesh who sought a declaration from the court that such promises of benefits or distribution of cash benefits to lure voters amount to “bribery” and “undue influence”, which are punishable offences under sections 171B and 171C of the Indian Penal Code. He further sought a direction to the state authorities not to misuse the consolidated fund of India in the name of public purpose.

Dealing with the prayers, CJI Chandrachud remarked: “Before elections, all kinds of promises are made. There cannot be any control over it.”

The bench also told the petitioner that it should approach the high court since the plea appeared to be seeking directions only against the Madhya Pradesh government.