Your honour, I am counsel 2 on behalf of the petitioners, pleading before the bench, the

second issue, i.e., with respect to the maintainability of this petition, to request the
honourable court to issue a writ of mandamus directing the election commission to provide
detailed guidelines for the regulation of distribution of freebies, and in the meantime,
request the honourable court to issue interim guidelines which can be used as a framework
by the election commission.
Your honour, time and again, it was been upheld and indoctrinated, that article 32 is the
heart and soul of the constitution. It is the provision, that vests the power, and also the duty
and obligation on this honourable court, to protect the fundamental rights of each citizen of
this country. The fundamental right to move this court can therefore be described as the
corner stone of the democratic edifice raised by the constitution.
As my co-counsel has rightly pleaded, that the distribution of freebies is not only
unconstitutional, violating several articles of the constitution, including article 14, being a
fundamental right, but also an offence under several sections of IPC. It is a grave issue,
hitting the conscience of the entire society and shaking the entire foundation of our
democracy. If the choice of electing your representative in itself is not a free choice, and not
devoid of any misrepresentations, bribery, malafide intentions, then the whole idea for
which our constitution stands, will soon fade. This is not just a matter of the citizen’s
fundamental rights, but also a threat to democracy, and the values we stand for. This
honourable court, being the protector and guarantor of justice in general and all
fundamental rights in specific, is thus requested to take congizance of this matter under
article 32.
Why the petitioners have not approached the high court under article 226, is also owing to
the serious nature of this matter, which not only concerns a particular state, but the entire
nation. Further, it has been held in the case of Kochunni v State of Madras that the apex
court cannot refuse an application under article 32 simply on the grounds that such
application has been made to the apex court in the first instance without resort to the high
courts under 226. Hence, we request the court to take cognisance of this matter and issue a
writ of mandamus directing the election commission to regulate such practices of freebies.
This is also in line with the rule of the honourable apex court in the case of S Subramanian
Balaji in 2013, which directed the Election Commission of India to consult political
parties and issue guidelines on the election manifesto and make it a part of the Model
Code of Conduct.
Lastly, the petitions requests the honourable court to release interim guidelines until a
legislative act is performed in this regard, by powers vested in it under article 141 and 142.
Article 141 of the Constitution of India stipulates that the law declared by the apex
Court shall be binding on all Courts within the territory of India. Thus, the general
principles laid down, by the apex Court are binding on each individual including
those who are not a party to an order. Further, article 142 provides discretionary
power to the apex Court as it states that the apex Court in the exercise of its
jurisdiction may pass such decree or make such order as is necessary for doing
complete justice in any cause or matter pending before it.
A striking example of the same is The Vishaka Guidelines wherein set of procedural
guidelines for use in India in cases of sexual harassment were promulgated by the
Indian Supreme Court in 1997 and were superseded in 2013 by the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act.
These guidelines were to be considered law until appropriate legislation was created
in accordance with article 141.
Thus, it is submitted before the court, this matter being urgent in nature in light of the
upcoming elections, and also owing to the bureaucratic delay that may be expected
by the election commission, this honourable court is requested to issue interim
guidelines, for the urge of justice.

I request my co-counsel to now plead issue 3.