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Poll Freebies: Supreme Court Refers Matter to 3-judge Bench, Says 'Extensive Hearing Required'

By: News Desk

News18.com

Last Updated: August 26, 2022, 11:46 IST

New Delhi, India

A plea, filed by lawyer Ashwini Upadhyay, had urged the Election Commission to invoke its powers to freeze election symbols and cancel registration of parties promising freebies. (Shutterstock)

A plea, filed by lawyer Ashwini Upadhyay, had urged the Election Commission to invoke its powers to freeze election symbols and cancel registration of parties promising freebies. (Shutterstock)

Freebies may create a situation where state is pushed towards imminent bankruptcy, a Supreme Court bench headed by Chief Justice of India NV Ramana observed

Freebies may create a situation where state is pushed towards imminent bankruptcy, a Supreme Court bench headed by Chief Justice of India NV Ramana observed, while suggesting that an expert body should be constituted to look into the issue as it “requires extensive hearing".

“The issues raised by parties require an extensive hearing. Certain preliminary hearings need to be determined, such as what is the scope of judicial intervention, whether the appointment of the expert body by court serve any purpose," the apex court said.

The bench said it was argued before it that the 2013 judgement delivered by a two-judge bench of the apex court in the matter of S Subramaniam Balaji vs The Government of Tamil Nadu and others required reconsideration.

“Looking into the complexities of the issues involved and the prayer to overrule the judgement rendered by a two-judge bench of this court in Subramaniam Balaji, we direct listing of the set of petitions before a three-judge bench after obtaining the orders from the Chief Justice of India," the bench said. The top court said these pleas would be listed after four weeks.

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In the 2013 judgement, the apex court had noted that after examining and considering the parameters laid in section 123 of the Representation of People Act, it arrived at a conclusion that the promises in the election manifesto cannot be read into section 123 for declaring it to be a corrupt practice.

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first published:August 26, 2022, 10:59 IST
last updated:August 26, 2022, 11:46 IST