WPMS/2579/2021
2021 Latest Caselaw 5016 UK

  IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
    ON THE 09TH DAY OF DECEMBER, 2021
                            BEFORE:
   HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2579 of 2021
BETWEEN:
Sanjay Jain                                              ...Petitioner
     (By Mr. B.B. Sharma, Advocate)

AND:

Election Commission of India
and others                                           ...Respondents
     (By Mr. Shobhit Saharia, Advocate for respondent no.1, Mr. Sanjay
     Bhatt, Advocate for respondent no.2. and Mr. Arvind Vashishtha,
     Senior Advocate assisted by Mr. Vinod Tiwari, Advocate for respondent
     nos.4)




                         JUDGMENT

By means of this writ petition, petitioner has sought the following reliefs:-

"I. Issue a writ, order or direction in the nature of the writ of mandamus directing the respondent no. 1, 2 and 3 of the present writ petition to make Rules and Regulations in the Model Code of Conduct to prohibit corrupt practices as defined under Section 123 of the Representation of the People Act, 1950 and 1951 (Act No. 43 of 1950 and Act No. 43 of 1951) and direct the respondent no. 4 not to execute agreements for registration of supply of 300 Units of free electricity in the State of Uttarakhand as it is in violation of Section 123 of the Representation of the People Act, 1950 and 1951 (Act No. 43 of 1950 and Act No. 43 of 1951) and the provisions of the India Contract Act, 1872.

II. Issue a writ, order or direction in the nature of the writ of prohibition directing the respondent no. 4 of the present writ petition to execute agreements in writing by registration online for supply of 300 Unit free electricity as it is in violation of Section 123 of the Representation of the People Act, 1950 and 1951 (Act No. 43 of

1950 and Act No. 43 of 1951) and the provisions of the India Contract Act, 1872."

2. In sum and substance, petitioner seeks a direction to the Election Commission, to lay down Code of Conduct to ensure that political parties do not offer bribe in the shape of freebies for securing votes. However, there is no averment in the writ petition to show that petitioner had approached the Election Commission for laying down such Code of Conduct.

3. In the absence of any such demand made by the petitioner to the Election Commission, the reliefs, as claimed cannot be granted, however, having regard to the issue raised by the petitioner, the writ petition is disposed of with liberty to him to approach the Election Commission of India, by making a representation. In the event of petitioner making such representation, this Court hopes and expects that the same shall be considered, in accordance with law, expeditiously.

(MANOJ KUMAR TIWARI, J.) Shubham