The Hon’ble Madras High Court expounded that gratification made to the electors in the form of money, food, prizes, etc. would demolish the very basic structure of the constitution and democracy.
The Court noted that such offence has been treated as an offence punishable for an imprisonment to an extent of one year. Resultantly, the practice of distributing money / gift to the voters have not been reduced and the cases reported for distribution of money during elections are raising in every election.
Brief Facts:
The present petitions have been filed by the Petitioners who are facing charge under Section 171(E) of the Indian Penal Code, 1860. The relief sought is to quash the proceedings against the Petitioner as the final reports were filed beyond the period of limitation.
Brief Background:
It was alleged against the Petitioners that they had distributed money during 2011 elections. After 10 years, the final reports were filed, and cognizance was taken.
Observations of the Court:
It was observed that gratifications being made to the electors in the form of money, food, prizes, etc. would demolish the very basic structure of the constitution and democracy.
The Court noted that such offence has been treated as an offence punishable for an imprisonment to an extent of one year. Resultantly, the practice of distributing money / gift to the voters have not been reduced and the cases reported for distribution of money during elections are raising in every election.
The Bench opined that penal actions are not effective in this regard. Hence, the Court directed the Learned Government Advocate to get instructions as to the:
(i) number of cases registered in the previous Parliamentary Election, 2019 and State Assembly Election, 2021 for the distribution of
money / bribery to the voters;
(ii) the stage of those cases; and
(iii) details of the cases, if any, ended in conviction.
The State Election Commission, Tamil Nadu was directed to explain as to how cases are followed up in this regard and suggestions were asked from the Election Commission to effectively prevent gratifications to voters.
The decision of the Tribunal:
Accordingly, the High Court passed the order.
Case Title: Dhanalakshmi v Sub Inspector of Police
Case No.: Crl.O.P(MD)Nos.3010, 3187 and 3216 of 2024
Coram: Hon’ble B.Pugalendhi
Advocates for Appellants: Advs. J.Selvam and Manikandan.A
Advocates for Respondents: Advs. G.A. P.Kottaichamy
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