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Retired Justice SN Dhingra has filed a petition in the Delhi High Court, claiming that the cash-oriented schemes announced by political parties ahead of the Delhi Assembly elections are unconstitutional, undermine the spirit of free and fair elections, and constitute election manipulation.
Public Interest Litigation (PIL) also seeks direction from the Election Commission of India to instruct the BJP, Indian National Congress (INC), and Aam Aadmi Party (AAP) to immediately cease and desist from collecting personal and electoral data of voters under false pretences. The petition also calls for an order to prevent these parties from sharing or using the collected data with any third party. The plea also seeks direction from ECI for the framing of rules for political parties regarding promises related to cash distribution to voters or specific sections of voters. Additionally, it requests directions to ECI to strengthen monitoring mechanisms to prevent further violations of electoral laws and ensure a free and fair election in Delhi. The plea, moved through Amit Grover, Siddhartha Borgohain, and Harshvardhan Sharma, alleges corrupt practices and illegal activities by said Political Parties in connection with the upcoming Delhi Assembly elections. It contends that these activities not only violate electoral laws but also infringe upon the fundamental rights of voters, including their right to privacy under Article 21 of the Constitution of India, thereby severely undermining the free and fair conduct of the election. The plea also pointed out that Political parties have been allotted offices in Parliament and State Legislative Assemblies and land for the party office in the 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. Thus, due to their specific functions, political parties in India can be considered an instrumentality or agency of the Government and fall under the ambit of "State" as defined under Article 12 of the Constitution of India, plea read. (ANI)
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