EC has no power to deregister Political parties, has made representation to Law Ministry to allow EC powers to deregister: Election Commission informs Supreme Court on deregisteration of political parties offering Freebies

The Election Commission of India in its response informed the Supreme Court that as per the earlier direction of the apex Court, EC has no power to deregister Political parties except in 3 conditions wherein the party has conducted fraud or other similar grounds.

However, the affidavit has further submitted that the Election Commission of India has also made recommendations to the Law Ministry to enable it to exercise the powers to de-register a political party and to issue necessary orders regulating registration and de-registration of political parties.

The affidavit by the Election Commission of India has been filed in a plea filed by Advocate Ashwini Kumar Upadhyay seeking declaration of distribution of irrational freebies from public fund before election unduly influences the voters, shakes the roots of free-fair election, disturbs level playing field, vitiates the purity of election process and also violates Articles 14, 162, 266(3) and 282 of the Constitution.

It has further 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 affect on the economic health of the State is a question that has be considered and decided by the voters of the State."

"The Election Commission of India 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," the affidavit added.

Earlier, the Supreme Court bench headed by Chief Justice of India NV Ramana had issued notice in a plea seeking de-registration of political parties that promise “irrational freebies”.

Vikas Singh, Senior Advocate, appearing for the petitioner submitted that the money of the citizens of the country is at stake and that some States which are going to the elections this year have a debt burden of Rs. 3 lakh per person. He further submitted that the Election Commission has framed guidelines that do not have teeth.

The bench also consisting of Justices AS Bopanna and Hima Kohli asked Singh to take the court through the 2013 judgment in the case titled Subramaniam Prasad Vs State of Tamil Nadu. Singh on reading the judgment submitted that the verdict also notes that there is a need to frame a separate legislation to govern political parties.