BJP leader Ashwini Kumar Upadhyah had filed a petition with the Election Commission, requesting that political parties that give freebies to voters before elections should be de-registered as they result in unfair competition amongst political parties.
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Ashwini Upadhyah’s Petition
There was a part of his letter about taking away the permission for political parties who want to influence people by giving them things they can get for free from the public funds of the government because they want them to vote.
As part of his petition, he also said that it has a negative effect on the economy, claiming it was bribery and undue influence under the Indian Penal Code because it was done through money and gifts.
Election Commission’s Final Decision
The EC in total conflict with the Bhartiya Janta Party leader has told the Supreme Court that it can’t “manage state policies and decisions” promised by the party that won the election, and that doing so without a law in provision would be an “overreach of power.”
The Election Commission also said that giving out freebies before or after the election is a party policy and it is the choice of the voters if this is favorable or unfavorable to them.
There are three reasons why the Election Commission can cancel a political party’s registration:
- when it comes to EC’s notice that the registration was obtained by fraud or if there are changes in terminology that show that the party isn’t adhering to the Indian Constitution or it’s an inability to uphold the country’s integrity.
- Previously the past the Supreme Court has told the Election Commission that they can’t cancel a political party’s registration except on these three grounds.
The Election Commission can de-register a political party if the Central Government declares it illegal under the Unlawful Activities (Prevention) Act, 1967.
Published By: Shubham Ghulaxe
Edited By : Khushi Thakur
