Offering freebies either before or after polls is policy decision of a party: ECI to SC
New Delhi, April 9: The Election Commission of India has told the Supreme Court that giving out freebies before or after an election is a policy decision made by the party concerned, and whether such policies are financially viable or have a negative impact on the state's economic health is a question that voters must consider and decide.
"It is also stated that offering/distribution of any freebies either before or after the election is a policy decision of the party concerned and whether such policies are financially viable or its adverse effect on the economic health of the State is a question that has to be considered and decided by the voters of the State," read an affidavit submitted by EC.
The Election Commission of India further stated 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, " EC remarked.
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The poll body has submitted its reply to a petition filed by lawyer Ashwini Kumar Upadhyay.
Petitioner lawyer Ashwini Kumar Upadhyay in his plea sought direction from the Central Government and Election Commission of India to take steps to regulate political parties and to make them accountable for essential rational manifesto promises.
The petitioner also sought direction from the Election Commission to seize the election symbol and deregister/derecognize the political parties, which fail to fulfil their key rational promises made in the election manifesto.
EC has cited a top court judgment and submitted that it is observed that the Election Commission of India has no power to de-register a political party, except on three grounds. EC said that seizing election symbol/deregistering the political party which promises or distributes irrational freebies from the public fund, does not fall under any of those three exceptions.
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-PTC News
