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SC says freebies to influence voters’ serious issue, asks Centre for way to curb it

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The Supreme Court on Tuesday flagged the issue of political parties promising freebies to influence voters as serious, and asked the Central government to examine the matter so as to control promises of freebies to induce the electorate.

A bench, headed by Chief Justice N.V. Ramana asked the Centre, to find out from the Finance Commission, if there is a possibility of curbing state governments and political parties from promising and distributing irrational freebies to induce voters.

Initially, the bench queried Additional Solicitor General K.M. Nataraj to find out Centre’s stand on the issue.

“You take a stand whether freebies should continue or not,” the bench, also comprising Justices Krishna Murari and Hima Kohli, told Nataraj, representing the Central government.

On the other hand, counsel representing the Election Commission submitted that it was held in previous judgments that a manifesto was part of the promises of a political party.

At this, the bench replied: “We are on freebies to bribe the electorate. Now if you say it’s hands off for you, then what is the purpose of the Election Commission of India?”

In April this year, the EC told the Supreme Court that offering freebies either before or after the elections is a policy decision of the political party, and it cannot regulate state policies and decisions taken by the parties.

The EC counsel suggested that the Central government could bring a law to deal with the issue, but Nataraj suggested that it falls under the domain of the EC.

Taking exceptions to Nataraj’s submissions, the bench asked the Central government to take a stand on the matter.

“Why don’t you say that you have nothing to do with it and the ECI has to take a call? I’m asking if the government of India is considering whether it’s a serious issue or not?

“Why are you hesitating to take a stand? You take a stand and then we’ll decide whether these freebies are to be continued or not,” it told Nataraj.

At this juncture, the bench turned to senior advocate Kapil Sibal, who was present in the courtroom for another matter. “Mr. Sibal is here as a senior parliamentarian. What is your view?…. How to control these freebies?”

Sibal said freebies were a “serious issue” and it would be not fair to put the liability on the Central government. He said this issue had to be tackled at the state government level and suggested tapping into the expertise of the Finance Commission.

Citing that the Finance Commission is an independent body, Sibal added that while making allocations to the states, it can examine debts of each individual state and could scrutinise whether offers of freebies are viable, or not.

The bench then told Nataraj: “Please find out from the Finance Commission. Will list this sometime next week… what is the authority to initiate debate…”.

The top court scheduled the matter for further hearing on August 3.

Petitioner advocate Ashwini Kumar Upadhyay termed the issue serious and submitted that EC should bar the state and national political parties from giving such things. “There should be some reasonable promise,” said Upadhyay citing a total debt of Rs 6.5 lakh crore. “We’re on our way to becoming Sri Lanka,” he said.

The top court was hearing a PIL by Upadhyay against the announcements made by political parties for inducing voters, through freebies, during elections.

In an affidavit, the ECI said: “Offering/distribution of any freebies either before or after the election is a policy decision of the party concerned and whether such policies are financially viable or its adverse effect on the economic health of the state is a question that has to be considered and decided by the voters of the state.”

It added: “The Election Commission cannot regulate state policies and decisions which may be taken by the winning party when they form the government. Such an action without enabling provisions in the law, would be an overreach of powers.”

Upadhyay’s PIL claimed that the promise or distribution of irrational freebies from public funds before polls shakes the roots of a free and fair election, and vitiates the purity of the election process. The plea sought a direction from the top court to declare that the promise of irrational freebies, which are not for public purposes, from public funds before election, violates Articles 14, 162, 266(3), and 282 of the Constitution.

The plea contended that a condition should be imposed on the political party that they would not promise or distribute irrational freebies from the public fund. The EC responded that it “may result in a situation where the political parties will lose their recognition even before they display their electoral performance”. The top court had issued notice on the plea on January 25.

National News

‘Election System In India Already Dead’: Congress MP Rahul Gandhi Reiterates ‘Rigged’ 2024 Lok Sabha Polls, Claims He Has Proof

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New Delhi: Congress leader and Leader of Opposition (LoP) Lok Sabha Rahul Gandhi on Saturday asserted that the election system in India was “already dead,” and alleged that the 2024 Lok Sabha elections were “rigged” and that he has proof to substantiate the claim.

Addressing the annual legal conclave titled ‘Constitutional Challenges – Perspectives & Pathways’, Gandhi said that he suspected over 80 Lok Sabha seats were rigged in the 2024 general elections.

“The truth is that the election system in India is already dead. The Prime Minister of India holds office with a very slim majority. If 15 seats were rigged, we suspect that the number is over 70 to 80, he would not have been the Prime Minister of India. We are going to prove to you in the coming few days how a Lok Sabha election can be rigged and was rigged,” Gandhi said while addressing the gathering in the national capital.

Highlighting the six-month investigation carried out by Congress, he further alleged that the Election Commission of India (ECI) doesn’t exist and has disappeared. According to documentation received from the EC, Gandhi said that the Congress has ascertained that nearly 1.5 lakh voters out of 6.5 lakh who voted in the Lok Sabha elections were “fake”.

“It makes it clear that the institution that defends the constitution has been obliterated and taken over. We have such proof that will show the whole country that the institution of the Election Commission does not exist. It has disappeared. It has taken us 6 months of non-stop work to find this proof. You will see with zero doubt how a Lok Sabha election is stolen. 6.5 lakh voters vote, and 1.5 lakh of those voters are fake,” Gandhi said.

The LoP rekindled his suspicions regarding the election system, saying that he had his doubts about “something being wrong” since 2014. Questioning the BJP’s sweeping victories in the assembly elections of Gujarat, Rajasthan, and Madhya Pradesh, Gandhi noted that they began investigating electoral malpractices following their defeat in Maharashtra, where one crore new voters appeared within months ahead of the assembly elections, ultimately voting for the BJP.

“I’ve been speaking recently about the election system. I had always suspected something was wrong, starting from 2014. I had a suspicion in the Gujarat Assembly elections already. This ability to win sweeping victories. The Congress Party didn’t get a single seat in Rajasthan, Madhya Pradesh, or Gujarat, which surprised me. Whenever we spoke, people said, ‘Where’s the proof?’ Then, something happened in Maharashtra,” Gandhi said.

“In the Lok Sabha, we won the election. And then four months later, we didn’t just lose, we were obliterated. Three formidable parties suddenly just evaporated. We started to look seriously for electoral malpractice. We found that in Maharashtra, one crore new voters appeared between the Lok Sabha and Vidhan Sabha elections. The bulk of those votes go to the BJP… Now, I say with absolutely no doubt that we have proof,” the Congress leader said.

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Crime

Karnataka KRIDL Office Assistant, Once A Sweeper, Found With Properties Worth Over ₹100 Crore

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Bengaluru: A sweeper, turned outsourced office assistant at the Karnataka Rural Infrastructure Development Corporation (KRIDL) in Koppal district has been the owner of properties worth over Rs 100 crore.

The shocking revelation came after the Karnataka Lokayukta raided the KRIDL office in Koppal, following a complaint against the Chief Executive Engineer Z M Chincholikar that there has been misappropriation of funds to the tune of Rs 72 crore in the works taken up between 2022 – 2024.

However, during the raid, the Lokayukta police grew suspicious over the office assistant Kalakappa Nidagundi of Bandi village in neighbouring Yalaburga taluk. Both Chincholikar and Nidagundi were immediately suspended and the search operations continued. However, Chincholikar managed to obtain a stay from the KAT and has been transferred to Davanagere.

During the search operations, the Lokayukta police stumbled on interesting facts about Kalakappa Nidagundi. He started his career as a sweeper in the KRIDL office, Koppal. Later in 2003, he was registered as an outsourced employee and made the office assistant. Since then, he has been the office assistant of the Koppal division.

While investigating the Rs 72 crore misappropriation in 108 works taken up by KRIDL  during 2022-2024, the Lokayukta police realised that Kalakappa Nidagundi was the mastermind of the scam. The Lokayukta police decided to go after the property he had amassed and were shocked to see that he was owning two luxurious cars, along with other properties, which is worth over Rs 100 crore.

According to Lokayukta police, Nidagundi has 24 houses in Koppal and Bhagya Nagar near Bagalakot. He has over 40 acres of farmland in the name of his wife, brother and brother-in-law. Besides, he owns over 50 housing plots in places like Bandi, Hitnal, Huligi and Yalaburga. The Lokayukta police have seized two cars, two bikes, 350 gms of gold and 1.5 kg silver from his house, which were unaccounted for.

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National News

‘My Mother’s Tears Fell When Terrorists Killed My Father’: Congress MP Priyanka Gandhi Reacts To Union HM Amit Shah’s Remarks On Sonia Gandhi’s Tears

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New Delhi: Congress MP Priyanka Gandhi Vadra on Tuesday criticised Union Home Minister Amit Shah over his remarks referencing her mother, Sonia Gandhi’s tears, stating that her mother wept when her father, former Prime Minister Rajiv Gandhi, was killed by terrorists, and that she understands the pain of the Pahalgam terror victims.

Addressing the Lok Sabha during the discussion on Operation Sindoor, Priyanka Gandhi said, “Union Home Minister spoke about my mother’s tears today. I want to answer this. My mother’s tears fell when terrorists killed my father. Today, when I talk about those 26 people (victims of the Pahalgam attack), it is because I understand their pain.”

Her remarks came after Union Minister Shah said that Sonia Gandhi was “sobbing” at the Batla House incident.

“I remember one morning during breakfast, I saw Salman Khurshid crying on the TV. He was coming out of Sonia Gandhi’s residence… He said that Sonia Gandhi was sobbing at the Batla House incident. She should have cried for Shaheed Mohan Sharma instead of the terrorists of the Batla house…” Shah had said.

Further questioning the Union Home Minister over the ceasefire, Priyanka Gandhi said, “The Union Home Minister today spoke about what Nehru and Indira Gandhi did. He even went on to talk about my mother’s tears. But he never answered why the ceasefire was announced…”

Furthermore, Congress leader Vadra accused the government of “escaping” the questions and having “no sense” of accountability towards the citizens of the nation.

“This government always tries to escape the questions…They have no sense of accountability towards the citizens of the nation. The truth is that they have no place for the public in their heart. For them, everything is politics, publicity…” she said.

“Most of the people who are sitting in this House today have a security cover…But on that day in Pahalgam, 26 people were killed in front of their families. All those people who were present in Baisaran Valley on that day did not have any security. No matter how many operations you conduct, you cannot hide behind the truth…” she stated.

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