No Pongal gifts in poll-bound districts, govt informs HC

The division bench of Justice M. Duraiswamy and Justice T. Ravindran was hearing a public interest litigation filed by P. Subbulakshmi of Nallamanarkottai village, Vedasandhur taluk, Dindigul district, who is planning to contest the election for the post of village panchayat president as an independentcandidate.

The petitioner said that after the State Election Commission issued notification on December 7, for conducting the rural local body polls in two phases on December 27 and 30, she filed her nomination to contest from the village panchayat as an independent with a hope to succeed.

But the Chief Secretary of Tamil Nadu decided to issue gift articles in the guise of Pongal gift (freebies) with a sum of Rs1, 000 to all the public. Such act by the government was an attempt to legalise bribe-giving in the form of freebies to lure voters to exercise their franchise in their favour.

As an independent candidate, the petitioner claimed that her chances of succeeding in the election were bright, but the government move would spoil her chances.

The model code of conduct is in force since the notification became effective and the government should not indulge in violating such conduct by issuing freebies to people when elections were fast approaching, she said in her petition.

Moreover, taking advantage of this situation, the ruling party members promised to offer such Pongal gifts to only those who vote in favour of the ruling party. Under the pretext of canvassing, voters were lured by giving tokens for the purpose of getting Pongal gifts and hence compelled to vote for the ruling party. Such act was against principles of law. Therefore, right to fair election was deprived.

Further, the petitioner stated that voters were instructed to cast ballot papers in different colours for various posts in one box and would create confusion and lead to rise in malpractice.

Citing these, the petitioner sought suitable interim orders to stop providing such freebies to protect the right to conduct free and fair election.

In response to the plea, counsel on behalf of the government stated that the Pongal gifts and bonus would only be disbursed to nine districts, which are not facing rural local body polls, as per schedule from December 20. But, such measures would not be implemented in 27 poll-bound districts in Tamil Nadu.