$~83. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1704/2025 JUSTICE RETD. S.N. DHINGRA, PRESIDENT, SAMAY YAAN SASHAKT SAMAJ .....Petitioner Through: Mr. Siddhartha Borgohain, Mr. Harshvardhan Sharma, Mr. Tonpok, Mr. Divyanshu Singh and Mr. Amar Kumar, Advs. versus ELECTION COMMISSION OF INDIA AND ORS.....Respondent Through: Ms. Suruchi Suri, SC, Election Commission of India. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 12.02.2025 1. This public interest petition essentially raises concerns about indulgence of various political parties during the elections to State Legislative Assemblies and to the Parliament in announcing various schemes containing promises for cash distribution and other freebies to the voters or a select group of voters. 2. Concerns have also been expressed about such practices being adopted by the political parties amounting to corrupt practice within the meaning of the said phrase occurring in Representation of the People Act, 1951. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/02/2025 at 11:14:55 3. Learned counsel for the petitioner has also expressed his concerns about the manner in which data relating to the voters is being collected for the purposes of distribution of the freebies/ free goods. 4. Learned counsel representing the Election Commission of India has brought to our notice an order dated 26.08.2022 passed by the Supreme Court of India in Ashwini Kumar Upadhyay vs. Union of India and Another, (2023) 14 SCC 611 and submitted that the issues raised in the writ petition are already engaging attention of Hon’ble Supreme Court in the aforesaid matter and, as such, this petition may not be entertained by this Court at this juncture to avoid plurality of proceedings on the subject matter. 5. Learned counsel for the petitioner, however, states that the issue engaging attention of the Hon’ble Supreme Court in Ashwini Kumar Upadhyay (supra) is in relation to freebies and the alleged corrupt practices that the political parties are indulging in by announcing various schemes for distribution of freebies and even cash to the voters, however, the instant PIL petition also raises an issue relating to collection of data of the voters for the purposes of distribution of the freebies. 6. Having heard learned counsel for the parties and perused the order dated 26.08.2022 passed by the Hon’ble Supreme Court, we are of the opinion that essentially the subject matter of this PIL petition is already engaging attention of Hon’ble Supreme Court and, accordingly, we are not inclined to entertain this petition at this juncture. 7. The petitioner, in the circumstances, would be better advised to assist the Hon’ble Supreme Court in the case of Ashwini Kumar Upadhyay (supra). 8. At this juncture, learned counsel for the petitioner prays that the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/02/2025 at 11:14:55 petitioner may be permitted to withdraw the writ petition with liberty to approach the Hon’ble Supreme Court in the aforesaid pending matter. 9. For approaching the Hon’ble Supreme Court in the aforesaid pending matter, the petitioner does not require any liberty from this Court. It is needless to state that it is always open to a party to approach the Hon’ble Supreme Court by way of moving an appropriate application. 10. Liberty to withdraw the petition is thus granted. 11. This PIL Petition stands disposed of in the aforesaid terms. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J FEBRUARY 12, 2025 N.Khanna This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/02/2025 at 11:14:55