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Election freebies: Supreme Court refers matters to 3-judge bench

The CJI-led bench said that looking at the complexity of issues and the prayer to overrule Subramaniam Balaji judgment, they were referring the matter to a 3-judge bench. Many parties requested that the Subramaniam Balaji judgment should be reconsidered.

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The election freebies issues have been referred to a three-judge bench of the Supreme Court. The Chief Justice of India NV Ramana today noted that certain preliminary hearings need to be determined, such as what was the scope of judicial intervention, and whether the appointment of an expert body by the court served any purpose.

The apex court also asked the center to call an all-party meeting on this issue.

The CJI-led bench said that looking at the complexity of issues and the prayer to overrule Subramaniam Balaji judgment, they were referring the matter to a 3-judge bench. Many parties requested that the Subramaniam Balaji judgment should be reconsidered.

In S Subramaniam Balaji vs Tamil Nadu judgment, 2013, the Supreme Court ruled that only an individual candidate, not his party, could commit a ‘corrupt practice’ under section 123 of the Representation of People Act by promising free gifts.

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According to Section 123 of the RP Act, it is ‘bribery’ and thus deemed a corrupt practice if any gift, offer, or promise of gratification is made to voters directly or indirectly by a candidate or his agent.

A PIL was filed by BJP leader Ashwini Upadhyay seeking directions to the Election Commission to not permit political parties to promise freebies during election campaigns.

He argued that the freebies might create a situation where the state was pushed towards imminent bankruptcy and such freebies were used to increase popularity in the party and deprived the state to give genuine measures.

In January 2022, the Supreme Court issued notice to the Centre and the EC to take action on poll freebies promised by the political parties before elections. Serving notices to Centre, ECI, the top court called it a serious issue and said the freebie budget was going beyond the regular budget.

In its notice, the apex court sought a response from the poll body and the Central government in 4 weeks.

The Supreme Court had directed the poll body to frame guidelines on the matter but the poll body held just one meeting whose outcome was unknown.

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BJP seals Assam seat-sharing pact, Modi to hold 3 rallies in April

BJP has finalised its Assam seat-sharing plan with allies and is gearing up for an intense campaign led by PM Modi and Amit Shah.

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The Bharatiya Janata Party has finalised its seat-sharing arrangement for the upcoming Assam Assembly elections, firming up its strategy alongside National Democratic Alliance partners as campaigning gathers pace in the state.

Under the agreement, the BJP will contest 89 seats, while its allies — Asom Gana Parishad and Bodoland People’s Front — will field candidates in 26 and 11 constituencies respectively. The distribution has been decided after internal deliberations, with the focus now shifting to candidate announcements and campaign execution.

Campaign push led by top leadership

Prime Minister Narendra Modi is expected to address three rallies in Assam during the final leg of the campaign. Tentative dates for the rallies are April 1, April 3 and April 6, with events likely to be held in key constituencies.

Union Home Minister Amit Shah is also set to spearhead an extensive campaign across the state through March, aiming to energise party workers and strengthen voter outreach.

Candidate selection underway

The party’s Central Election Committee is currently meeting to finalise candidates. Sources indicate that approvals for most constituencies are expected soon, and the BJP may release its complete list of candidates within the next two days.

Ticket distribution remains a crucial exercise, with internal discussions highlighting its potential impact on local political dynamics. Party leaders have also touched upon the proposed delimitation exercise scheduled for 2027, which is expected to have long-term implications for Assam’s electoral landscape.

Polling and counting dates

Voting for all 126 Assembly seats in Assam is scheduled for April 9, while the votes will be counted on May 4.

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Mamata Banerjee warns BJP, EC over Bengal polls, says they will be accountable

Mamata Banerjee holds BJP and Election Commission responsible for any incidents during Bengal polls, raising concerns over officer transfers.

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West Bengal Chief Minister Mamata Banerjee has held the Bharatiya Janata Party (BJP) and the Election Commission of India responsible for any untoward incidents in the state during the upcoming assembly elections, following the transfer of key officials.

Addressing concerns over administrative reshuffles, Banerjee said that changes involving senior bureaucrats, including the chief secretary and home secretary, could affect governance and law and order in the state during a crucial period.

The Trinamool Congress chief also announced candidates for 291 constituencies for the elections scheduled to be held in two phases on April 23 and 29.

Criticising the Election Commission, Banerjee alleged that the transfers were being carried out in a manner that benefits the BJP. She questioned the timing of the decisions and said such actions weaken the state administration at a sensitive time.

She further raised concerns about disaster management and essential services, stating that experienced officials familiar with the state’s situation have been replaced. According to her, this could impact administrative efficiency if any emergency arises before the new government is formed.

Protecting Bengal’s identity

Banerjee emphasised that the election is not merely about forming a government but about safeguarding Bengal’s identity and existence. She accused the BJP of misusing central agencies and attempting to influence the electoral process.

She urged that elections should be conducted peacefully, without external interference, and in line with democratic principles. The chief minister also expressed confidence that her party would return to power with a stronger mandate.

Appealing to voters, she called for support for the Trinamool Congress, asserting that the people of Bengal will ultimately decide the outcome and protect their democratic rights.

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Mamata Banerjee writes to poll chief over officers’ reshuffle, calls move arbitrary

Mamata Banerjee has written to the Chief Election Commissioner, calling the reshuffle of senior Bengal officials arbitrary and raising concerns over constitutional norms.

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West Bengal Chief Minister Mamata Banerjee has written to Chief Election Commissioner Gyanesh Kumar, raising strong objections to the recent reshuffle of senior bureaucrats in the state ahead of the assembly elections.

In her letter, Banerjee described the move by the Election Commission of India as “arbitrary” and expressed “deep concern” over what she termed a unilateral decision. She urged the Commission to refrain from adopting such measures in the future.

The Chief Minister pointed out that while the Election Commission does have the authority to make administrative changes during elections, past practice has involved consultation with the state government. According to her, the Commission would typically seek a panel of officers from the state and make its selections from that list, maintaining what she called constitutional propriety and administrative convention.

Banerjee warned that bypassing this process could undermine the institutional credibility and long-standing legacy of the poll body, and may also affect the foundational principles of the constitutional framework.

The controversy stems from the Commission’s decision, taken soon after announcing election dates, to remove several top officials from election-related duties. These include the state’s Chief Secretary, Director General of Police, Kolkata Police Commissioner, and Home Secretary.

The Commission has maintained that the reshuffle was aimed at ensuring a peaceful and violence-free electoral process.

Reacting sharply, Banerjee alleged bias in the decision-making, claiming that the removal of the Chief Secretary indicated an anti-women stance. She also accused the Commission of selectively targeting officers, suggesting that the move favoured individuals aligned with the Bharatiya Janata Party.

Meanwhile, the Trinamool Congress escalated its protest, staging a day-long walkout from the Rajya Sabha earlier in the day.

Responding to the criticism, Parliamentary Affairs Minister Kiren Rijiju said the Election Commission is a constitutional authority, adding that questioning its decisions in Parliament is inappropriate and unproductive.

The Commission has appointed a new Chief Secretary in place of the outgoing official as part of the reshuffle.

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