Top court orders 1-year probe deadline, spl courts
New Delhi, Aug. 18 -- The Supreme Court on Monday cracked down on the use of black money and other inducements in elections, directing completion of probes into electoral offences within a year, asking high courts to designate special courts for speedy disposal and making their approval mandatory before prosecution against candidates is withdrawn during a particular election cycle.
A bench of justices Sanjay Karol and N Kotiswar Singh also directed authorities seizing cash or other assets suspected to be linked to an electoral offence to report the seizure to the jurisdictional district magistrate, additional district magistrate or competent court within 24 hours, along with written reasons showing a prima facie nexus with the suspected offence.
The directions came while deciding an appeal against a 2015 Karnataka High Court order quashing an FIR against Prathik Parasrampuria, a candidate in the 2014 Lok Sabha bye-election from Bellary.
The FIR followed a raid in which Rs.20.48 lakh in cash, a laptop, cheque books, loose cheque leaves and a pen drive were seized over allegations that the money was meant to bribe voters.
The Supreme Court expanded the proceedings to examine the wider issue of money power in elections and sought responses from the Election Commission of India, the Union government, states and Union territories.
Senior Advocate Gaurav Aggarwal and advocate Swapnil Tripathi were appointed amici curiae.
The bench said voting was the citizen's one direct opportunity to influence governance and warned that if this choice was tainted by external influences, "the very essence of democracy" was compromised. An electoral choice influenced by such factors, it said, becomes "somebody else's choice being thrust upon them."
The court noted that 3,87,430 FIRs were registered during the 2024 Lok Sabha elections. Of these, 1,66,044 resulted in convictions, 1,06,841 were pending trial, 7,930 remained under investigation and 76,987 closure reports had been filed. The conviction rate was 42.9%.
For assembly elections held between 2019 and 2025, 2,01,894 FIRs were registered. Of these, 40,155 resulted in convictions, 79,148 remained pending trial, 4,665 were under investigation and 53,126 closure reports had been filed.
The bench was concerned about the pendency of election-related prosecutions and their possible withdrawal after changes in political dispensations. The Election Commission had told the court that unilateral withdrawal of cases by state governments after a change in government was a "problematic reality".
The court directed that "For withdrawal of cases against candidates in a particular election cycle, the approval of the concerned High Court is mandatory".
It also directed investigating officers to make "every possible endeavour" to complete investigations within one year of FIR registration.
Reasons must be recorded for delays and communicated to the Election Commission, while quarterly status reports must be submitted through a nodal officer.
The bench further directed that when Static Surveillance Teams detect cash exceeding Rs.10 lakh, the information must be forwarded to the income-tax authorities.
On trials, the court said all efforts must be made for expeditious disposal of cases against candidates and sitting MPs and MLAs, keeping in mind the recurring five-year election cycle. It directed high courts to designate courts, following their respective procedures, for prompt hearing and disposal of such cases.
The court also specifically directed courts dealing with cases arising from the 2024 Lok Sabha elections and assembly elections held between 2019 and 2025 to take them to their logical conclusion "with utmost expedition", noting the large percentage of pending cases.
The Election Commission and respective state governments have been directed to file a compliance report on the implementation of the directions by November 18, 2026....
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