The Delhi High Court refused to entertain a public interest litigation raising concerns over unchecked political spending, alleged misuse of government machinery during elections, lack of voter awareness, and the broader issue of electoral reforms. The Bench, comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela, noted that the majority of the reliefs sought were matters of policy and directed the petitioner to approach the Union Government for consideration of his grievances.
The petition was filed by Aakash Goel, an independent candidate from Wazirpur constituency in the Delhi Legislative Assembly Elections 2025. Goel contended that while individual candidates face strict expenditure caps, political parties are not bound by similar restrictions, thereby gaining an undue advantage over independent contestants. He further submitted that despite statutory requirements for disclosure of criminal records, assets, and educational qualifications, most voters are unable to effectively access this information. He also questioned the arrangement of candidates’ names on ballot papers and EVMs, alleging that the preferential placement of recognised political parties disadvantages independents and smaller parties.
Goel sought several directions including capping expenditure by political parties, implementing the Model Code of Conduct two months prior to polling, and ensuring wider dissemination of candidate information. He also challenged the vires of Section 38(2) and Section 38(3) of the Representation of the People Act, 1951.
The Bench observed that except for the challenge to the statutory provisions, the remaining prayers were within the realm of policy-making, where judicial intervention was unwarranted. On the constitutional challenge, the Court referred to the Telangana High Court’s decision in Parikshit Reddy v. Union of India, which had upheld the validity of the provisions, and expressed its agreement with that ruling.
Concluding the matter, the Court closed the PIL, while granting liberty to the petitioner to make a detailed representation before the appropriate authority in the Government of India, which may consider the issues raised.
Picture Source :
