Freebies ahead of polls: SC takes note of PIL, seeks responses from MP, Rajasthan govts

A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra also issued notices to the Centre, the Election Commission and the Reserve Bank of India on the PIL, which also alleged that taxpayers' monies are misused by the two state governments to lure voters.

The Supreme Court on Friday issued notice on a plea challenging cash benefit offers being announced as "freebies" in Rajasthan and Madhya Pradesh just ahead of Assembly elections in the two states.

A bench of Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra noted that before elections, all kinds of promises are made.

The petitioner’s counsel contended that it was not just a promise—rather its net worth was negative, and that they had mortgaged forest land for the same.

The bench told the counsel that the petitioner should have gone to the concerned high court.

“Why do you come here? The high court is not available?," the bench asked.

The counsel then said there are two states, Madhya Pradesh and Rajasthan involved in the matter here.

He also submitted that a line has to be drawn between what public interest is and what it is not. The counsel further contended that nothing is more atrocious than allowing the government to distribute cash. A few months before elections, these things have started and the tax-paying citizen has to bear the burden, he said.

"Before elections all kinds of promises are made, we cannot control this," the bench said.

However, upon hearing submissions, the bench said it would tag with the instant plea with a similar PIL filed by advocate Ashwini Kumar Upadhyay, which sought a direction to outlaw “freebies” announced for voters by political parties.

The top court asked the petitioner’s counsel to implead Madhya Pradesh and Rajasthan and delete the chief minister's office, and instead make the state of Rajasthan a party in the matter.

The top court issued notices to the Centre, the Election Commission of India (ECI), and the states of Rajasthan and Madhya Pradesh.

The court sought a response within four weeks on the petition filed by one Bhattulal Jain.

The petitioner sought a direction not to misuse consolidated fund or grant in the name of the public purpose, under Article 266(3), 282 of the Constitution of India, on the verge of elections.

His plea also sought a declaration that the promise of distribution of irrational freebies from the public fund before elections to lure voters is analogous to the bribery and undue influence under Section 171-B and Section 171-C of the IPC.

It also pleaded for framing the comprehensive guidelines on such announcements before elections.