EC welcomes SC suggestion of expert panel on freebies, but does not want to be part of it

New Delhi: The Election Commission Wednesday told the Supreme Court that it welcomed the suggestion of setting up an expert panel to brainstorm the issue of freebies announced during elections, but it being a constitutional authority, be not made part of it which may have some government bodies.

The poll panel also referred to the reported strong oral observations of the top court against it during the last hearing on the PIL on the issue, saying they have caused irreparable damage to the reputation of this institution built over the years. The PIL opposes the practice of political parties promising freebies during elections and seeks the Election Commission to invoke its powers to freeze their election symbols and cancel their registration. A bench comprising Chief Justice N V Ramana and Justices Krishna Murari and Hima Kohli, on August 3, had asked stakeholders like the Centre, Niti Aayog, Finance Commission, and the RBI, to brainstorm on the "serious" issue of freebies and put forth constructive suggestions to tackle it.

It also rapped the poll panel by saying that this situation had arisen since the poll body did not take a stand.

The answering Respondent (EC) with the utmost respect for this Hon'ble Court submits that the oral observations made by this Court against ... during the previous hearing in the matter and which came to be widely reported in media, has caused irreparable damage to the reputation of this institution built over the years. This reputational damage of this magnitude does not augur well for the country which is relatively younger but the largest and stable democracy, the affidavit of the poll panel said.

The poll panel, which has been following the apex court judgement in letter and spirit and yet was portrayed in a light that made this institution appear non-serious in tackling the menace of offering freebies , said the reply affidavit filed by Vinay Kumar Pandey, Director (Law) Election Commission.

It also referred to the apex court's 2013 order in which it had declined to interfere with the schemes under which goods like TVs, laptops, and mixers-grinders were given free of cost in Tamil Nadu by the government. The poll panel said that it welcomes setting up of any such expert body, having representation from a wide spectrum of the government and non-governmental bodies, concerned regulatory planning, policy research institutions, political parties, domain experts... etc. "It may not be appropriate for the Commission, being the Constitutional Authority to offer to be part of the Expert Committee especially if there are Ministries or Government Bodies in the expert body," it said.