election commission of India - law insider

Swarna Shukla-

Published on: September 15, 2021 at 14:48 IST

The Delhi High Court has issued notice to the Election Commission of India on a Public Interest Litigation ( PIL) challenging the alleged practice of Political Parties offering cash benefits in exchange for votes during Elections.

The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh demanded from the Commission the measures taken by it to mitigate such activities, that has been banned by the Top Court in S Subramaniam Balaji v. State of Tamil Nadu case.

The Bench stated, “Powers are not ornaments. You use your powers for welfare of public at large.”

Senior Advocate Soumya Chakraborty, appearing for the petitioner Parashar Narayan Sharma argued that such practice is against Section 123 (Corrupt Practice) of the Representation of People’s Act, 1951. It is violative of Model Code of Conduct and Supreme Court’s Judgement.

Advocate Anjana Gosain, representative of the Election Commission, informed the Court that the Commission has framed suitable guidelines against free offerings during the election and it is in adherence to the Subramaniam Balaji Case.

The ECI has been directed to file an affidavit indicating the steps it has taken in this direction and the proposed action, if any.

Also Read: EC moves SC for fixing Timeline for filing Election Pleas

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