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• While the Uttarakhand HC has refrained from passing any directions against Aam Aadmi Party or to the ECI for formulation of a code to curb offers of bribes in the shape of freebies, it has hoped that the ECI will do so upon the petitioner’s representation.

Uttarakhand High Court on December 9 expressed hope that the Election Commission of India will lay down Code of Conduct to ensure that political parties do not offer bribe in the shape of freebies for securing votes.

The bench made the observation as it disposed of a plea that challenged AAP Minister Arvind Kejriwal promise of a free electricity guarantee card and asked the petitioner, Sanjay Jain, who is a resident of Vikasnagar and a former member of the Uttarakhand Minorities Commission to approach the ECI with a representation instead.

The Single Bench of Justice Manoj Kumar Tiwari said,

“In sum and substance, petitioner seeks a direction to the Election Commission, to lay down Code of Conduct to ensure that political parties do not offer bribe in the shape of freebies for securing votes.... In the absence of any such demand made by the petitioner to the Election Commission, the reliefs, as claimed cannot be granted, however, having regard to the issue raised by the petitioner, the writ petition is disposed of with liberty to him to approach the Election Commission of India, by making a representation. In the event of petitioner making such representation, this Court hopes and expects that the same shall be considered, in accordance with law, expeditiously.”

Jain had averred in his plea to declare the conditions set by the party to get free electricity unconstitutional.

However, having regard to the issue raised by the petitioner, the writ petition was disposed of with liberty to him to approach the Election Commission of India, by making a representation.

The plea had inter alia sought issuance of a writ, order or direction in the nature of the writ of mandamus directing the respondent no. 1, 2 to make Rules and Regulations in the Model Code of Conduct to prohibit corrupt practices as defined under Section 123 of the Representation of the People Act, 1950 and 1951 and direct that the execution of agreements for registration of supply of 300 Units of free electricity in the State of Uttarakhand as it is in violation of Section 123 of the Representation of the People Act, 1950 and 1951 and the provisions of the
 India Contract Act, 1872.
 

[Case title – Sanjay Jain v Election Commission of India]