Delhi polls: Retd judge files PIL against sops promised by BJP, Cong, AAP

In his PIL, Justice Dhingra seeks a court order for the three political parties to "cease and desist" from gathering personal and electoral data under false pretences

Retired Justice SN Dhingra, president of Samay Yaan (Sashakt Samaj), a non-profit organisation, has filed a public interest litigation (PIL) in the Delhi High Court, challenging the election promises made by the AAP, BJP, and Congress, along with the AAP’s alleged collection of voter data under the guise of implementing the Mukhyamantri Mahila Samman Yojana. The PIL comes just days before Delhi’s Assembly elections, scheduled for February 5.

 

In his PIL, Justice Dhingra seeks a court order directing the three political parties to "cease and desist" from gathering personal and electoral data under false pretences and to prohibit the sharing or use of this data with third parties, according to a report in The Indian Express. He also calls for cash-oriented schemes to be declared unconstitutional, arguing that they amount to electoral manipulation. Furthermore, he has urged the Election Commission of India to create guidelines for political parties regarding promises involving cash distributions to voters.

 

 

The PIL specifically highlights AAP’s pledge to provide Rs 2,100 per month in direct bank transfers to women voters through the Mukhyamantri Mahila Samman Yojana, despite the Delhi Department of Women and Child Development denying the existence of such a scheme. Other parties have made similar promises regardless of the recipients' socio-economic status.

 

According to the PIL, the AAP's proposal would result in an annual financial burden exceeding Rs 18,000 crore, accounting for more than 23 per cent of Delhi’s approximate Rs 76,000 crore budget. The petition contends that such promises, made in exchange for votes, constitute corrupt practices under Section 123(1) of the Representation of the People Act, 1951, as they seek to unduly influence voters and could be deemed bribery. Additionally, the distribution of guarantee cards is labelled as unauthorised election-related material, violating Section 127A of the Act.

 

Delhi polls: PIL flags 'possible misuse of voter data'

 

The PIL also raises concerns about data collection practices, asserting that the possible misuse of voter data without explicit consent violates the fundamental right to privacy under Article 21 of the Constitution of India.

 

Justice Dhingra, who gained prominence as a trial court judge for sentencing Parliament attack convict Afzal Guru to death, also investigated Robert Vadra’s land deals and faced scrutiny in 2017 for allegedly misusing his position in a family business dispute. He chaired the SIT investigating closed cases related to the 1984 Sikh riots and served as a judge of the Delhi High Court from 2006 until his retirement in 2011.

 

In addition to Justice Dhingra's petition, another election petition is pending in the Delhi High Court, seeking a ban on AAP workers registering beneficiaries under the Mukhyamantri Mahila Samman Yojana.

 

Delhi polls: BJP's manifesto

 

The BJP manifesto primarily focuses on women's welfare. The party promises Rs 2,500 per month under the Mahila Samridhi Yojana and Rs 21,000 plus six nutrition kits for every pregnant woman under the Chief Minister Matritva Suraksha Yojana. Unveiling the manifesto, BJP President J.P. Nadda said it counters AAP’s welfare-driven governance model and lays the foundation for a "developed Delhi."

 

If elected, the BJP plans to enhance public welfare schemes and eradicate corruption. Promises include a Rs 500 subsidy for LPG cylinders for the poor, a free cylinder during Holi and Diwali, and an increase in senior citizen pensions — from Rs 2,000 to Rs 2,500 for those aged 60 to 70 and from Rs 2,500 to Rs 3,000 for senior citizens, widows, divyangs, and the destitute aged 70 and above.

 

Delhi polls: AAP's election promises

 

The incumbent AAP has pledged Rs 2,100 monthly to women voters, directly countered by BJP’s Rs 2,500 offer under the Mahila Samridhi Yojana. In December, AAP's national convenor Arvind Kejriwal announced free treatment for citizens over 60 years old in both government and private hospitals under the Sanjeevani Yojana. He also promised funding for Resident Welfare Associations (RWA) to hire private security guards if AAP is re-elected.

 

Further commitments include five guarantees for auto drivers, such as Rs 1 lakh for daughters’ marriages and Rs 10 lakh in life insurance. Kejriwal also assured tenants in Delhi would benefit from AAP’s free electricity and water scheme.

 

Delhi polls: Perks announced by Congress

 

Congress has also unveiled its manifesto, promising five guarantees, including a caste census and the creation of a ministry for Purvanchalis if elected. The party, which lost to AAP in 2013, has proposed a Rs 2,500 monthly allowance for women, 300 units of free electricity for eligible households, subsidised LPG cylinders at Rs 500, and free ration kits.

 

Congress further pledged no-cost health coverage of up to Rs 25 lakh, along with free ration for eligible beneficiaries. It also proposed a monthly financial assistance of Rs 8,500 for unemployed youth and the establishment of 100 Indira canteens offering meals for Rs 5. Scholarships and hostels for transgender persons, as well as accessible washrooms in public spaces, were also part of the Congress manifesto.