Telangana High Court
Hyderabad Parirakshana Samithi vs Union Of India on 14 December, 2023
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION (P.I.L) No.83 OF 2023
ORDER:(Per the Hon'ble the Chief Justice Alok Aradhe) Mr. Rathan Singh, learned counsel for the petitioners. Mr. Mohammed Omer Farooq, learned Standing Counsel for the Election Commission of India.
2. In this writ petition, which has been filed as a Public Interest Litigation, the petitioners inter alia have prayed for the following relief:
"For the reasons stated in the accompanying affidavit, the petitioners herein pray that this Hon'ble High Court may be pleased to issue a Writ or Order or Direction more particularly one in nature of WRIT OF MANDAMUS a) issue writ, order or direction that promise of irrational freebies from public fund before election unduly influences voters, disturbs level playing field, shakes roots of free-fair election & vitiates purity of election process; and/or b) issue writ, order or direction that promise/distribution of private goods/ services, which are not for public purposes, from public funds before election, violate Articles 14,162, 266(3) and 282 of the Constitution: and/or c) issue writ, order or direction that promise/distribution of irrational freebies from the public fund before election to lure voters is analogous to the Bribery and Undue Influence under S.171B and S. 171C of the IPC d) direct the ECI to insert an additional condition: "political party shall not promise/distribute irrational freebies from the public fund before election in Paras 6A, 6B and 6C of the Election Symbols Order 1968; and/or e) Direct the ECI to seize election symbol/deregister the political parties which promise/distribute irrational freebies from public ::2::
fund, without providing the details of achieving the same. In alternative direct Centre to enact a law to regulate political parties and/or f) Pass such other orders as this Hon'ble Court deems fit and proper".
3. Learned Standing Counsel for the Election Commission of India, who has appeared on advance notice, has submitted that the issue involved in this writ petition pertains to the promises made by the political parties for distribution of free goods (freebies) as part of their election manifesto or during their election speech.
4. From a perusal of the order dated 26.08.2022 passed in Writ Petition (Civil) No.43 of 2022 between Ashwini Kumar Upadhyay vs. Union of India and Another, it is evident that the issue is sub judice before the Supreme Court.
5. At this stage, learned counsel for the petitioners submits that this writ petition be kept pending till the issue is adjudicated by the Supreme Court.
6. We have considered the submission made by learned counsel for the petitioners.
7. Since the matter is sub judice, the writ petition, at this point of time, cannot be entertained. In case after decision of Supreme ::3::
Court, if the grievance of the petitioners still survives, it shall be at liberty to approach this Court.
8. With the aforesaid liberty, the writ petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ ________________________ ANIL KUMAR JUKANTI, J Date: 14.12.2023 Note:
Issue CC today.
B/o Lrkm