NEW DELHI: The Election Commission in an affidavit before the Supreme Court has said that offering or distribution of freebies before or after an election is a policy decision of the political party concerned and whether such policies are financially viable or have adverse effects has to be decided by the voters of that State.
The poll panel has said that it cannot regulate state policies and decisions which may be taken by the winning party when they form the government. Such an action, without enabling provisions in the law, would be an overreach of powers.
Election Commission has told this to the apex court on a Public Interest Litigation (PIL) filed by lawyer and BJP leader Ashwini Upadhyay that has sought deregistration of political parties announcing freebies.
The PIL cited the case of Indian National Congress v Institute of Social welfare where the Supreme Court had observed that the Election Commission of India has no power to cancel the registration of a political party except on three grounds. The grounds are, registration obtained on forgery and fraud, the party ceased to have faith and allegiance to the Constitution, and any other similar ground.
The petitioner had prayed for the insertion of an additional condition that political parties will not promise/distribute irrational freebies from the public fund before the election in Paras 6A, 6B and 6C of the Election Symbols Order 1968. The said provisions grant recognition and continuation of such recognition on only one touchstone which is electoral performance. The poll panel in its response said that such an addition would lead to all parties losing their recognition even before they display their electoral performance in the elections.
The poll watchdog added that it has also made recommendations to the law ministry to enable it to exercise the power to de-register a political party and to issue necessary orders regulating the registration and de-registration of political parties.
The petition had said that the promise or distribution of irrational freebies from public funds before polls shakes the roots of a free and fair election, and vitiates the purity of the election process.