ASHWINI KUMAR UPADHYAY versus UNION OF INDIA AND ANR.

ASHWINI KUMAR UPADHYAY versus UNION OF INDIA AND ANR.

Given the complexity of the issues raised and the prayer to reconsider the two-Judge Bench decision in S. Subramaniam Balaji (2013) 9 SCC 659, the matters are to be listed before and referred to a three-Judge Bench for consideration and guidance after obtaining orders of the Chief Justice of India.

Parties
Petitioner: Ashwini Kumar Upadhyay; Respondent: Union of India and Anr.
Jurisdiction
India
Judgment Date
26 August 2022
Procedural Posture
Writ Petition (civil) / Referred to Three Judge Bench; Listed After 4 Weeks
Outcome
Matter referred to a three-Judge Bench for reconsideration of S. Subramaniam Balaji and listed for hearing after 4 weeks.
Legal Topics
Freebies, Pre Election Promises, Representation of the People Act, 1951, Directive Principles of State Policy, Judicial Review, Appointment of Commission/expert Body
Election Law Constitutional Law Administrative Law Public Finance Freebies Pre Election Promises Representation of the People Act, 1951 Directive Principles of State Policy +2 more

Case Brief

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Parties

Ashwini Kumar Upadhyay

Petitioner

Union of India and Anr.

Respondent

Procedural Posture

Writ Petition (civil) / Referred to Three Judge Bench; Listed After 4 Weeks

Legal Issues

  1. 1 Scope of judicial intervention with respect to pre-election 'freebies' and related reliefs
  2. 2 Whether any enforceable order can be passed by the Court in relation to pre-election promises/freebies
  3. 3 Whether appointment of a Commission/Expert Body by the Court would serve any purpose and, if so, its scope, composition and powers

Ratio Decidendi

Given the complexity of the issues raised and the prayer to reconsider the two-Judge Bench decision in S. Subramaniam Balaji (2013) 9 SCC 659, the matters are to be listed before and referred to a three-Judge Bench for consideration and guidance after obtaining orders of the Chief Justice of India.

Court Disposition

Matter referred to a three-Judge Bench for reconsideration of S. Subramaniam Balaji and listed for hearing after 4 weeks.

Orders

  • Directed listing of the matters before a three-Judge Bench after obtaining the orders of the Chief Justice of India
  • List the matter after 4 weeks