The Supreme Court on October 6 sought a response from the States of Madhya Pradesh and Rajasthan on a plea that public funds are being misused to offer irrational freebies ahead of elections.
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.
Both States are due for Assembly polls in 2023.
“Before elections, all kinds of promises are made… can we [the court] control them?” Chief Justice of India D.Y. Chandrachud asked advocate Varinder Sharma, the counsel for petitioner Bhattulal Jain.
The petitioner has argued that the distribution of irrational freebies, using money from the consolidated funds before elections, to lure voters was analogous to the offences of bribery and undue influence under Section 171B and 171C of the Indian Penal Code.
The petition urged the Court to frame comprehensive guidelines on the announcement made by Chief Ministers ahead of elections.
The petition said the Madhya Pradesh government’s financial condition was “bad”. It said according to the a report in the Reserve Bank of India website, the total outstanding loan of Madhya Pradesh was ₹49,646 crore in 2006. “Now there is a debt of ₹3.78 lakh crores as recorded in March of 2023,” the petition submitted.
“Nothing is more atrocious than permitting the government to distribute cash mere months before the elections. This happens every time and the ultimate burden is on taxpayers of this country,” the petition argued.
“Issue notice. Returnable in four weeks,” the Court said and listed the case for hearing after four weeks.
