Introduction:

In the case of Dhanalakshmi v Sub Inspector of Police, the Madras High Court recently deliberated on the scourge of voter gratification during elections. Justice B Pugalendhi of the Madurai bench expressed grave concerns over the detrimental impact of such practices on the fundamental pillars of the constitution and democracy.

Arguments:

The petitioners argued that the FIRs registered for gratification during the 2011 elections should be quashed due to procedural lapses and limitations. They contended that the cases were filed after the period of limitation and that private complaints should have been filed before the concerned judicial magistrate.

On the other hand, the court highlighted the alarming rise in cases of voter gratification, citing the seizure of Rs 4,650 crores during the current parliamentary election. It lamented the lack of proportionate penal action, which has only emboldened the practice with each passing election.

Court’s Judgement:

The Madras High Court directed the state to provide details of cases registered during the 2019 Parliamentary Elections and 2021 State Assembly Elections for voter bribery. It also instructed the State Election Commission to elucidate its strategies for preventing such malpractices and ensuring effective follow-up on registered cases.