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Bachelor of Law (LLB) (Gauhati University)

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TEAM CODE: NLCMC-536

BEFORE THE HONOURABLE SUPREME COURT OF ENDIYA

AT BELHI
WRIT PETITION NO. XXXX OF 2023

Under Article 32 of the Constitution of Endiya

In the matter of

Mr. Rajkumar Hirai Petitioner

Verses

Union Of Endiya and Another Respondents

MEMORIAL ON BEHALF OF PETITIONERS

DRAWN AND FILED BY COUNSELS FOR THE PETITIONERS

1ST NATIONAL MOOT COURT COMPETITION, 2024.

(HYBRID MODE )

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CONTENTS
LIST OF ABBREVIATIONS…………………………………………………………………………….. 3
INDEX OF AUTHORITIES…………………………………………………………………… 4
I. STATUES………………………………………………………………………….....4
II. TREATIES…………………………………………………………………………...4
III. CASES………………………………………………………………………….…...4
IV. BOOKS & ARTICLES …………………………………………………………….5
STATEMENT OF JURISDICTION…………………………………………………….……...6
STATEMENT OF FACTS………………………………………………………………….......7
SUMMARY OF ARGUMENT …………………………………………………………….…..10
ARGUMENTS ADVANCED……………………………………………………………........12
1. WHETHER THERE IS ANY THE SCOPE OF JUDICIAL INTERVENTION WITH RESPECT TO
THE RELIEFS SOUGHT IN THE PRESENT BATCH OF PETITIONS?
2. WHETHER PROMISING FREEBIES AMOUNT TO BRIBING VOTERS?
………………………………………………………………………..12
3. WHETHER ALL FREEBIES ARE WASTEFUL OR CAN SOME BE CONSIDERED SOCIAL
WELFARE SCHEMES?

4. WHETHER THE ELECTION PROMISES MENTIONED AMOUNT TO INEFFICIENT

UTILIZATION OF PUBLIC FUNDS AND WHO DECIDES WHETHER A PARTY IS USING FUNDS
FOR A ‘PUBLIC PURPOSE’

PRAYER………………………………………………………………………………….....…17

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LIST OF ABBREVIATIONS

% Percentage
& And
¶ Paragraph
AIR All India Reporter
Anr. Another
CRC Convention of the Rights of the Child
CRPC Code of Criminal Procedure
Co. Company
F.I.R First Information Report
Govt. Government
Hon‟ble Honorable
i.e. That is
IPC Indian Penal Code
IT Information Technology
JJ Juvenile Justice
LR Law Report
Ltd. Limited
N.C.T National Capital Territory
NCRB National Crime Report Bureau
Ors. Others
PIB Press Information Beureau
SC Supreme Court
SCC Supreme Court Cases
Supp. Supplementary Volume
U.O.I. Union of India

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INDEX OF AUTHORITIE

A.Cases Referred

SL. No CASELAW CASE CITATION

1. Coates vs. Campbell and others 37 Minn. 498

2. Roberts vs. Hopwood & Others 1925 AC 578

3. Bromley London Borough Council, 1982 (2) WLR 62

London vs. Greater Council & Anr

4 R vs Secretary of State for Foreign Affairs (1995) 1 All ER 611

5. Union Of India & Anr vs International 2003 (5) SCC 437

Trading Co. & Anr

6. K.T. Moopil Nair Vs State of Kerela AIR 1961 SC 552

7. Richardson Garnder vs. Ekykn, (1869) 19 LT 613

8 Kingston Cotton Mills Co. Re [1896] 2 Ch 279

9. Bhim Singh vs. Union of India and Ors. (2010) 5 SCC 538

10. S. Subramaniam Balaji v. State of Tamil (2013) 9 SCC 659]

Nadu & Ors.

11. Ashwini Kumar Upadhyay vs Union of 2023 (SC) 156

India & Another

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B. Statutes
Endiya Penal Code,

Election Symbols Order, 1968

Representation Of Peoples Act, 1951

Constitution of Endiya, 1950

C.Treaties
Universal Declaration of Human Rights, 1948

International Covenant on Civil and Political Rights, 1976

Convention on the Standards of Democratic Elections, electoral rights, and Freedoms in the Member States of
the Commonwealth of Independent States, 1991

European Convention on Human Rights, 1953

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STATEMENT OF JURISDICTION

The Honorable Supreme Court of Judicature at Delhi has jurisdiction to try and

entertain this petition under Article 32 of the Constitution of Endiya

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STATEMENT OF FACTS
1. ‘Endiya’ i.e. ‘Vaharat’ is a Democratic Republic since its independence on 15th of August 1947 and its
constitution is pari material to the constitution of India.

2. Since its existence free and fair elections have been held in the nation as per the constitutional provisions.
The Constitution of Endiya has vested the superintendence, direction and control of the entire election
process of both Parliament and Legislature of every state on the Election Commission of Endiya.

3. The Election Commission of Endiya consists of a Chief Election Commissioner and two Election
Commissioners.

4. All the political parties need to register themselves in the Election Commission as prescribed by law. And
the election Commission ensures free and fair election among the registered parties.

5. A new trend has been set where the political parties were engaged in promising freebies, subsidies and
other costless benefits in exchange of votes.

6. On August 11, 2022, the Prime Minister of Endiya in a public address remarked that "Attempts were
being made to collect votes by distributing free pithas. This free pitha culture is very dangerous for the
development of the country". This remark of the Prime Minister brought in a wave of discussion and
deliberations and questions were raised against the Election Commission for allowing such practices
amongst other. The concern over providing freebies or social welfare schemes from public funding gained
huge countrywide attention and furthermore on September 2022, the Reserve Bank of Endiya published an
article highlighting a financial crisis developing in various states due to Cowid-19 and Rushya -Ufrain War.
The article stressed that a widening gap between state revenue and expenditure was exacerbated by an
increase in freebies offered by State governments. In the 2022-23 financial year alone, the State
government's expenditure on subsidies grew at11.2% and in highly debt ridden states such as Andher
Pradesh and Kanjub, the freebies have crossed 2% of the states' Gross State Domestic Product (GSDP).

7. The Prime Minister’s statement and the article published by the Reserve Bank of Endiya brought a Public
Interest Litigation (PIL) filed by political activist Mr. Rajkumar Hirai on February 14th 2023 challenging the
practice of offering 'irrational freebies' before the Hon'ble Supreme Court of Endiya.

8. A large section of the general masses in various news articles and by open letters to the Election
Commission of Endiya pointed out that rather than promising better rule of law, equal pay for equal work,
clean water, equal quality education, quality healthcare, speedy justice, effective police system, the political
parties are in a race amongst themselves to promise irrational freebies from public fund which includes
some instances wherein the Samajdar Aadmi Party has promised Rs.1,000/- per month to every woman aged
18 and above, similarly Shyamlal Alkali Dal (SAD) promised Rs. 2,000/- to each woman to lure them.
Following similar trends, Endiya's oldest political party Kongrest promised Rs. 2000/- per month and 8 LPG
Gas cylinders per year to every house wife and also promised a Scooty to every college going girl, Rs.
20,000/- after passing 12th class and Rs. 15,000/- after passing class 10th and Rs. 5,000/- after passing class
8th along with giving smart phones to all school going girls

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9. Mr. R. Hirai argues that the promise of irrational freebies from public fund before elections unduly
influence voters, disturbs level playing field, shakes roots of free-fair election & vitiates purity of election
process. Petitioner also seeks declaration that promise/ distribution of private goods/service, which are not
for public purposes, from public funds before election violates Article 14, 162, 266(3) and 282 of the
Constitution.

10. The Petitioner also seeks declaration that promise/ distribution of irrational freebies from the public
funds before election to lure voters is analogous to Bribery and Undue Influence under Sec. 171B and Sec.
171C of the Endiya Penal Code. Petitioner seeks direction to the Election Commission of Endiya to insert an
additional condition: "Political party shall not promise/ distribute irrational freebies from the public fund
before election" in Para 6A, 6B and 6C of the Election Symbols Order, 1968 and seize the election symbol/
deregister the political party which promise/ distribute irrational freebies from public fund.

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ISSUES PRESENTED
A)Whether there is any the scope of judicial intervention with respect to
the reliefs sought in the present batch of petitions?

B) Whether promising freebies amount to bribing voters?

C)Whether all freebies are wasteful or can some be considered social

welfare schemes?

D) Whether the election promises mentioned amount to inefficient utilization of public funds and
who decides whether a party is using funds for a ‘public purpose’

SUMMARY OF ARGUMENTS

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1. Whether there is any scope of judicial intervention with respect to the reliefs sought in the present batch
of petitions?

A) It is humbly submitted that Article 32 of the constitution of Endiya empowers citizens to approach
the Supreme Court when question of Fundamental Rights being violated arises.
B) The act of providing irrational freebies is a threat to Article 14 which guarantees right to equality
before law.
C) Irrational freebies are violative of Article 21 that guarantees right to life and personal liberty.

2. Whether promising freebies amount to bribing voters?

A) It is humbly submitted that under section 171B irrational freebies are analogous to bribery.
B) Under section 171C irrational freebies amounts to undue influence
C) The Representation of Peoples Act 1951 interprets irrational freebies as “corrupt practices” which
includes bribing.

3. Whether all freebies wasteful or can some be considered social welfare schemes?
A) It is humbly submitted that Freebies ought to be considered as expenditure defrayable by the union
or the state out of its revenues under Article 282 of the Endiyan Constitution. Therefore, it is a waste
of Consolidated Fund of Endiya .
B) Public funds cannot be utilized to create private assets.
C) Freebies bleed the state finances dry.

4. Whether the election promises mentioned amount to inefficient utilization of public funds and who
decides whether a party is using funds for a ‘public purpose’?
A) It is humbly submitted that the Election promises which are not based on proper research and need
of the society are inefficient utilization of public funds.
B) Election promises which are an irrational extension of government aid.
C) Comptroller And Auditor General of Endiya should decide whether a party is using funds for “public
purpose”

ARGUMENTS ADVANCED

1. MR. R Hirai, a political activist (herein after referred to as “Petitioner”) filed a Public Interest
Litigation (PIL) challenging the practice of offering ‘irrational freebies’ before the Honorable
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Supreme Court of Endiya. The petitioner is filing this PIL distribute irrational freebies from
public fund before election and to Centre to enact Law in this regard under Article 32 seeking the
declaration that promise/distribution of irrational freebies from public fund before election
unduly influences the voters, shakes the roots of free-fair elections, disturbs level playing field,
vitiates the purity of election process and also violates Articles 14, 162, 266(3) and 282. The
petitioner also seeks direction to the Election Commission of Endiya to seize election symbol
and deregister political parties.
2. On 1st April, 2023 the Samajdar Aadmi Party (SAP) (herein after referred to as “respondent”)
filed a petition before the Hon'ble Supreme Court of Endiya opposing the PIL Of Mr. Hirai. The
Respondent argues that promises to provide basic utilities such as free water, free electricity or
free public transport are not freebies. They noted that such benefits are crucial to provide access
to basic resources and services to all looking into Endiya's unequal society. Further, they argued
that the petition was an attempt to thwart the efforts of the opposition parties and to further Mr.
Hirai's political agenda.

A) Whether there is any scope of judicial intervention with respect to the

relief sought in the present batch of petitions?

3. The counsel on behalf of the petitioner humbly submits that the judicial intervention is under the
ambit of Article 32 of the Constitution of Endiya where it states that the supreme court shall have
the power to issue directions or orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, whichever is may be appropriate, for the
enforcement of any of the rights conferred by this Part
4. The Petitioner has prayed that the promise of irrational freebies from public fund before elections
unduly influence voters, disturbs level playing field, shakes roots of free-fair election & vitiates
purity of election process, which is a lethal threat to the functioning of a democracy. In the case
of Indira Nehru Gandhi v. Raj Narain1 it was held that o free-fair election is the basic
structure of the Constitution. Under Article 32 of the Constitution of Endiya, the Supreme Court
being the apex judicial body has the power to adjudicate such matters.
5. The Right to Equality under Article 14 of the Constitution has been inflicted but there is an
exception that the State has been permitted for reasonable classification based on intelligible
differentia, and such classification must have a nexus with the object of the Law. In making free
distribution, the State, therefore, must show that it has identified the class of persons to whom
such distributions are sought to be made using intelligible differentia, and that such differentia
has a rational nexus with the object of the distribution. As held in Union of India v.
International Trading Co.2 Article 14 applies to matters of government policies and such
policies or action would be unconstitutional if it fails to satisfy the test of reasonableness.
6. The Petitioner has prayed that for purpose of vindicating these precious fundamental rights, in so
far as the Supreme Court is concern, apart from Articles 32 and 142, which empower the Court
to issue such directions as may be necessary for doing complete justice in any matter, Article 144
1
AIR 1975 2 SCC 159 ( India)
2
(2003) 5 SSC 437
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also mandates all authorities civil or judicial in the territory of Endiya, to act in aid of the order
passed by Supreme Court. Being protector of civil liberty of citizens, the Supreme Court has not
only the power and jurisdiction, but also an obligation to protect the fundamental rights,
guaranteed by Part III in general and under Article 21 in particular, zealously and vigilantly.
The Supreme Court and the High Courts are the sentinel of justice and have been vested with
extra ordinary powers of judicial review to ensure the rights of citizens are duly protected3.
7. The Injury to the Citizens is havoc and is a matter of serious concern and pertinently alacrity
should be processed because the widening gap between state revenue and expenditure was
exacerbated by an increase in freebies offered by State governments.
In the 2022- 23 financial year alone, the State government's expenditure on subsidies grew at
11.2% and in highly debt ridden states such as Andher Pradesh and Kanjub, the freebies have
crossed 2% of the states' Gross State Domestic Product (GSDP). Furthermore, on September
2022, the Reserve Bank of Endiya published an article highlighting a financial crisis developing
in various states due to Cowid-19 and Rushya -Ufrain War. It is most respectfully submitted that
the matter involves the utilization of Public Fund meant for the welfare and development of the
Citizens of Endiya. The unnecessary expenditure of the Fund will lead to the chaos in
administering welfare and development of the Citizens thus hurting the Fundamental Rights thus
making this matter to be adjudicated by the Honorable Supreme Court.

B) Whether promising freebies amount to bribing voters?

8. It is humbly submitted by the petitioner that Under Section 171B of the Endiya Penal Code,
Bribery

Whoever—

(i) gives a gratification to any person with the object of inducing him or any other person to
exercise any electoral right or of rewarding any person for having exercised any such right;
or
(ii) accepts either for himself or for any other person any gratification as a reward for exercising
any such right or for inducing or attempting to induce any other person to exercise any such
right; commits the offence of bribery: Provided that a declaration of public policy or a
promise of public action shall not be an offence under this section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification
shall be deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be
deemed to accept a gratification, and a person who accepts a gratification as a motive for
doing what he does not intend to do, or as a reward for doing what he has not done, shall be
deemed to have accepted the gratification as a reward.
In the case of Ashwini Kumam Upadhyay V. Union of India and Another4 division bench led
by the Chief Justice of India heard the case, wherein senior advocate Vijay Hansaria
3
M.L.SHARMA (2014) 2 SCC 532 ( India)
4
Writ Petition (C) 699 of 2016
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appearing for the petitioners stated that electoral freebies in the form of promises within the
manifesto are construed as “an inducement to bribery”. Senior advocate Arvind Datar and
Hansaria iterated the fundamental principle that “ what cannot be done directly, could also
not be done indirectly”. They claimed that freebies by political parties were essentially an
indirect inducement of bribery by a candidate.

7. 171C. Undue Influence at elections. —

(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any
electoral right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of subsection (1),

Whoever—
(a) Threatens any candidate or voter, or any person in whom a candidate or voter is
interested, with injury of any kind, or 42
(b) induces or attempts to induce a candidate or voter to believe that he or any person in
whom he is interested will become or will be rendered an object of Divine displeasure or of
spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of
such candidate or voter, within the meaning of sub-section (1).
(3) A declaration of public policy or a promise of public action, or the mere exercise of a
legal right without intent to interfere with an electoral right, shall not be deemed to be
interference within the meaning of this section.

In the PIL filed by Ashwini Kumar Upadhyay, the petitioner argued that promise/distribution
of freebies amounts to undue influence under section 171C of Indian Penal Code and the
case is under adjudication by the Supreme court of India.

9. Part VII of the Representation of People Act, 1951 deal with “corrupt practices” and “electoral
offences” which was brought into force with effect from 28-08-1956. A perusal of sections
123(1) to (8) makes it clear that it speaks only about a candidate or his agent or any other
person. For deciding the issue whether the contents of the election manifest to would constitute a
corrupt practice under Section 123 of the RP Act, it is imperative to refer to the intention of the
legislature behind incorporating the respective sections. The purpose of incorporating Section
123 of the RP Act is to ensure that elections are held in a free and fair manner. The gist of
appellant’s argument is that promise of freebies such as Colour TVs, mixer-grinders, laptops, etc.
are in form part of election manifesto of a political party but in substance is a bribe or
inducement under section 123.Thus, it is the stand of appellant that the promise of this nature
indeed the voters thereby affecting the level playing field between the candidates, which in turn
disrupts free and fair election.

C) Whether all freebies are wasteful or can some be considered social welfare schemes?

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10. The Petitioner humbly prays that freebies ought to be considered as expenditure defrayable by
the union or the revenues under Article 282 of the Constitution. Therefore it is a waste of
resources of Endiya. They only add to the public debt burden and do not add to the GDP. A
Reserve Bank of Endiya report states that freebies posed a financial risk for the Central and the
state government as it increased the liability of the government. A report by Niti Ayog of India
criticized that the freebies given by the government diverted funds from more urgent needs such
as improving school infrastructure, health infrastructure, road & transport etc. A report by
Comptroller and Auditor General of Endiya revealed that freebies in the form of free electricity
to the farmers led to over use and wastage of power, low tax compliance and poor quality of
service delivery by the state power utility.
11. The Petitioner humbly states that freebies can distort the expenditure priorities and allocation of
resources, by diverting funds from more productive and essential sectors such as infrastructure,
agriculture, industry,etc. For example, freebies such as mobile phones, laptops, or air
conditioners can consume a large share of public spending and crowd out investment in public
goods such as roads, bridges, irrigation system, or power plants.
12. The petitioner humbly prays that freebies can lower the quality and competitiveness of the
goods and services that are given for free, by reducing the incentives for innovation and
improvement. For example, freebies such as bicycles or laptops may be of inferior quality or
outdated technology compared to those available in the market or those produced by other
countries. Example, A report for the development of advanced computing assessed that freebies
such as laptops given by various state governments were based on obsolete technology and
software, which limited their functionality and performance.

13. The petitioner humbly prays that in the case of Buckley V. Valeo 5 it was held that Public Fund
cannot be used to create Private Assets. Also the petitioner mentions that in the case of Ashwini
Kumar Upadhyay v. Union Of India & Anr. the advocates representing the petitioners argued that
since freebies are expenses defrayed out of the state’s revenue they could not be used by political
parties to create individual assets for a person. Such actions by some state governments have
come under the radar of the bench headed by the Chief Justice, which has sought a response from
the states a plea that the Public Funds are misused to offer outlandish freebies ahead of Assembly
Elections. The petitioner also humbly states that welfare schemes aim for long term economic
stability and sustainable development, whereas freebies provide immediate short term benefits.

14. The petitioner humbly submits that in the same case the Court have made its anxiety plain about
parties, which form the government riding the wave created by their pre-election promises of
“free gifts”, bleeding the state finances dry by actually trying to fulfill their “wild” promises of
largesse using Public Money. In the 2022- 23 financial year alone, the State government's expenditure
on subsidies grew at 11.2% and in highly debt ridden states such as Andher Pradesh and Kanjub, the
freebies have crossed 2% of the states' Gross State Domestic Product (GSDP). Kanjub is estimated to
have a debt to Gross Domestic Product(GDP) of 47.6% by Mar. 2023, is second to only Kizoram having

5
387F. SUPP. 135(D.D.C. 1975) (USA)

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53.1% ration, highest in the country. As the states have recovereid from the pandemic in the past two
years, Kunjab’s ration has improved a little from 48.7% in 2021 and 48.4% in 2022.

15. In an Editorial Published in Endiyan Express newspaper economist Yamini Aiyar wrote that the
truth of the prevalence of freebie politics is really and indictment of our economic policy and the
abject failure to build a welfare state that invests in human capital. Miss Aiyar that the
Government had failed to make sufficient investment in area like health and education resulting
in deep inequalities. So, it has been providing a myriad of free services to compensate for that.

16. Freebies can be divided into legitimate freebies given to the public for a “welfare cause” and
those that are illegitimate or discriminatory. In the irrational freebies case, Advocate Prashant
Bhushan had highlighted that doing away with the debts of willful defaulters is an illegitimate
freebie; giving benefit to a particular religious community would classify as a discriminatory
freebies.

17. Freebies not only include unviable pre-election promises but also a number of services that the
government provides to meet its Constitutional obligations (DPSP) towards the citizens like
public distribution system, free Cowid 19 vaccine, NGNREGA, Mid-Day Meal Scheme,
National Food Security Programme etc.

D) Whether the election promises mentioned amount to inefficient utilization of public

funds and who decides whether a party is using funds for a ‘public purpose’?
18. The petitioner humbly prays that some freebies may have positive aspects and ensure that they
contribute to legitimate public spending, whereas others such as doing away with the debts of
willful defaulters or distribution of assets irrationally are illegitimate freebies which are a burden
on exchequer.
19. That politicians tendency to provide freebies to secure voter support can lead to financial
catastrophe for states. Increased expenditure on free services and schemes escalates state’s debt
level, constraining their ability to secure additional funds from the market and the central
government due to their weakened financial health. Sri Lanka’s recent financial crisis serves as
the cautionary tale for Endiyan states distributing free goods and services to attract voters,
further compromising their financial stability. Unless states recognize these potential
consequences, they are tethering on the brink of experiencing the dyer repercussions of
unchecked freebie distribution.
20. Freebies are not the right way to help citizens as they add an additional burden on the budget of
a state. In 2013 ,the Supreme Court of Endiya stated in one of its hearings that the budget of
freebies is going above the regular budget. In order to properly channel the functioning of
freebies, it needs to be rationalized, based on necessity. For example, healthcare and education
are basic necessities for each citizen, thus freebies in this sector shall be allowed. But providing
free electricity, free public transport etc., adds a burden on the state budget. Thus the best way is
to launch more and more welfare schemes focusing on the basic needs of citizens so that people
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get stuff of their basic necessities at discounted rates and do not rely on freebies. While some
positive outcomes, such as improved infrastructure and expanded access to education and
healthcare, may result, states often allocate resources beyond their capacity, resulting in
unsustainable schemes and services.
To ensure the fiscal sustainability of such programs, support for freebies should be limited to a
predetermined percentage of both Central and State Government expenditures, pending
improvements in revenue ratios.
21. The Petitioner humbly states that the Comptroller and Auditor General is mandated by the
Constitution of Endiya in Articles 149-151. He has been entrusted by Article 149 and the
Comptroller and Auditor General (duties, powers, conditions of service) Act 1971 to perform
such duties in relation to the accounts of the union and the states.
22. In the case of Ashwini Kumar Upadhyay v. Union Of India & Anr the Supreme Court deliberated
on the question if the Comptroller and Auditor General of India (CAG) has a duty to examine
expenditures even before they are deployed.” On this, the court ordered that the CAG is only an
auditor, and cannot dictate how governments spend their money. The office of CAG exercises
effective control over the government accounts and expenditure incurred on these schemes only
after implementation of the same. As a result, the duty of the CAG will arise only after the
expenditure has been incurred,” the court said.
23. The petitioner humbly submits that the Comptroller and Auditor General has been entrusted to
audit and report on all receipts into and spending from the Consolidated Fund of the Union and
state Governments. It also audits all transactions of the union, of the states and the Union
Territories having a Legislative Assembly, relating to the Contingency Funds and Public
Accounts. In the case of Association of Unified Telecom Service Providers of India & Ors. V.
Union of India6 it was held that the Comptroller and Auditor General has the supreme authority
to audit each and every transaction of both the Centre and the States.

PRAYER

Wherefore in the light of arguments advanced, authorities cited and facts mentioned, the Honourable Court may
be pleased to adjudicate by issuing an appropriate writ, direction or order, in nature of:

6
WP(C) No. 3673/2010, WP(C)No. 3679/2010
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1. That, the promise of irrational freebies from public fund before elections unduly influence
voters, disturbs level playing field, shakes roots of free-fair election & vitiates purity of
election process
2. That declaration of promise/ distribution of private goods/service, which are not for public
purposes, from public funds before election violates Article 14, 162, 266(3) and 282 of the
Constitution.
3. That declaration of promise/ distribution of irrational freebies from the public funds before
election to lure voters is analogous to Bribery and Undue Influence under Sec. 171B and Sec.
171C of the Endiya Penal Code.
4. Issue direction to the Election Commission of Endiya to insert an additional condition:
"Political party shall not promise/ distribute irrational freebies from the public fund before
election" in Para 6A, 6B and 6C of the Election Symbols Order, 1968 and seize the election
symbol/ deregister the political party which promise/ distribute irrational freebies from public
fund

And any other relief that the Honorable Court may be pleased to grant in the interests of
justice, equity and good conscience.

All of which is humbly submitted.

Filed on: __/__/2023

Sd/- Counsels for the Petitioner

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