The Madurai Bench of the Madras High Court has sought details on the number of cases registered during the previous Parliamentary elections in 2019 and State Assembly Elections in 2021 for distribution of money/bribery to the voters.
Justice B. Pugalendhi sought to know the present stage and the details of the cases and if any ended in conviction. The court asked the State Election Commission to explain as to how they were following up with the cases that were being registered for electoral offences. It could also offer its suggestions for effective prevention of gratification to the voters, the court said.
The court observed that Democracy is the basic principle of the Constitution. However, of late, gratifications are being made to the electors in the form of money, food, prizes, etc…Such gratifications would demolish the very basic structure of the Constitution and Democracy.
But, it appears that the legislature has not treated this offence proportionate to its gravity and has treated it as an offence punishable for an imprisonment to an extent of one year. Resultantly, the practice of distributing money/gifts to the voters have not reduced and the cases reported for distribution of money during elections are rising every election, the court said.
The court referred to media reports that in the ensuing Parliamentary elections, the Election Commission of India has seized Rs.4,650 crore, so far, an amount which is higher than that recovered in the 2019 elections.
Squads are being constituted by the Election Commission for monitoring the movement of money. No doubt, cases are also being registered for bribery. However, it appears that since the penal actions contemplated for this offence are not effective, cases are registered for some statistical purpose and the investigation agencies are not prosecuting the cases any further, the court observed.
The court was hearing petitions filed by petitioners who had sought the quash of proceedings pending against them on the ground that the final reports were filed beyond the period of limitation. They had allegedly distributed money to the voters during the 2011 elections.
During the hearing, advocate R. Anand submitted that nobody has been convicted so far, though cases are registered and the Election Commission is also giving press releases that several crores of rupees and prizes have been recovered, which were meant for distribution for voters. The court appointed advocate Anand as Amicus Curiae in the case and posted the matter for hearing to April 17.
