Delhi Election 2025: HC suggests moving SC on Freebie PIL by Retd Judge S.N. Dhingra

New Delhi: The Delhi High Court, on Wednesday, heard a PIL filed by Retd. Justice S.N. Dhingra against election freebies promised by the AAP, BJP, and Congress, and the collection of voters’ data during election campaigns for post-poll promises.

The plea was filed days before Delhi headed to Assembly polls on February 5 and challenged the poll promises of the BJP, Aam Aadmi Party (AAP) and the Congress besides calling attention to voter data collection by the AAP on the pretext of extending benefits of the Mukhyamantri Mahila Samman Yojana.

In his PIL, Justice Dhingra alleged that such promises by political parties amount to “corrupt practices” under Section 123(1) of the Representation of the People Act. He sought directions for the Election Commission to investigate these promises, declare them ‘unconstitutional,’ and prevent political parties from collecting and sharing voters’ personal data without consent. However, the petition was dismissed as withdrawn, with the court advising the petitioner to approach the Supreme Court instead.

Also Read: Justice S.N. Dhingra Moves Delhi HC against AAP & other political parties over Poll Freebies & Bribery [Read PIL]

Advocates Siddhartha Borgohain and Harshvardhan Sharma, appearing for the petitioner, argued that political parties offer freebies at the expense of the public exchequer. They contended that, apart from cash-oriented schemes used to lure voters, the PIL also raises concerns about political parties collecting voters’ data under the guise of monetary schemes without explicit consent.

The Standing Counsel for the Election Commission of India informed the court that the Supreme Court is already considering the issue of freebies in the Ashwini Upadhyay case.

Chief Justice Upadhyaya advised the petitioner to approach the Supreme Court and seek impleadment in the ongoing case. “There are two aspects: freebies and whether they amount to corrupt practices. This matter is already pending before the Supreme Court, which is considering both issues. You should seek impleadment and assist the court there,” the Chief Justice remarked.

Also Read: Delhi High Court Declines Urgent Listing of PIL Against Freebies in Elections

Advocates Siddhartha Borgohain and Harshvardhan  Sharma, representing Justice Dhingra, argued that the PIL raises two distinct issues: first, declaring poll sops that include financial schemes as corrupt practices, and second, addressing concerns over voters’ data collection. However, Chief Justice Upadhyaya reiterated that both issues are already under consideration by the Supreme Court.

You approach the Supreme Court then, implead yourself. The same matter is pending there if freebies are legal and if freebies is corrupt practices. We will not entertain this petition at this juncture to avoid parallel proceedings," the Court told the petitioner.

The Court then permitted the petitioner to withdraw the petition with the liberty to move the Supreme Court or High Court later.