Karnataka HC allows free food to those who voted in state polls: What is the case

The HC ruled that serving food for free or at cheaper rates to people who had already cast their votes would not be 'inducement', subject to some conditions. Here are the conditions.

People queue up in Bengaluru to vote in the Karnataka Assembly elections. (Express photo: Jithendra M)

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The Karnataka High Court Tuesday allowed hotels to serve cooked food for free or at reduced rates to people who had cast their votes in the state Assembly Elections.

What did the court say?

The order was passed by single-judge Bench of Justice TG Shivashankare Gowda on a petition filed by the Bruhat Bangalore Hotels Association and the Nisarga Grand Hotel, seeking permission to distribute cooked free or concessional food between 7 am and 6 pm to persons who have already cast their votes in the Assembly Elections.

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“At the risk of hoteliers, they want to distribute free or concession rate cooked food, they can do it,” the HC said.

Rejecting the contention of the authorities that voters would be induced by the act of hoteliers as having “no substance”, the court reasoned that the distribution of food would happen after people had cast their vote and voluntarily gone to the said hotels. Adding that “it is not a compulsion for anybody either to go for it or not”, the Court deemed the same to be based on the “individual will of a person”. Thus, the court said there was “no question of inducement” in this case and the act did not amount to a violation of the Model Code of Conduct.

The issue arose when the initial conditional permission granted to the hotels for distributing the food on May 7 was subsequently revoked by a public notice issued by the Assistant Commissioner (Election) BBMP dated May 9.

Why was the permission revoked?

On May 9, a publication was issued by the Assistant Commissioner (Election) BBMP that no one should distribute free food or food at concessional rates to voters on May 10, as it would amount to an inducement and a violation of the Model Code of Conduct issued by the Election Commissioner. The publication also said that action would be taken against those doing so.

However, the Court in its order deemed this act, along with the conduct of the BBMP as “not proper”.

What were the exceptions laid down?

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While the court allowed the hotels to distribute free food, it laid down certain conditions, clarifying that authorities would be at liberty to take action against the hoteliers if these were violated.

One such condition was: “None of the Hotel Associations or Hoteliers may proclaim or claim any credit for themselves or on behalf of political parties.”

Moreover, no hotelier is to receive any contribution from any politician, leader, or political party associated with the Assembly Election for such services, the court said. “If they claim any such benefit either through Press or Media, they are liable to be prosecuted for violation of Model Code of Conduct,” the order stated.

What is the Model Code of Conduct?

The Election Commission’s Model Code of Conduct is a set of guidelines issued to regulate political parties and candidates before elections. The rules range from issues related to speeches, polling day, polling booths, portfolios, the content of election manifestos, processions, and general conduct, so that free and fair elections are conducted.