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Representation of the People Act, 1951:s. 10A - Election expenses - Power of Election Commission to hold an enquiry to ascertain the correctness or otherwise of the election expenses incurred by a returned candidate for the purpose of passing the order of disqualification - Held: Election Commission has got every jurisdiction to enquire into the complaint made before it as regards the incorrect and untrue statement of accounts of election expenses lodged by the candidate - After such enquiry, as he thinks fit, on being satisfied that no justification was shown for the failure to lodge the account, can pass an E order of disqualification as provided u/s.10A for a period of three years from the date of the order and publish such order in the official gazette - While discharging such onerous responsibility, every care should be taken by Election Commission to ensure that no prejudice is caused to the contesting candidate - Conduct of Election Rules, 1961.s. 10 A - Enquiry by Election Commission - Relevance of - Held: Requirement of an enquiry to be made by the Election Commission at the instance of the President of the country under Article 103 in the case of Members of Parliament and under Article 192 by the Governor of the State in the case of Member of Legislative Assembly of the State, fortifies conclusion that even the President of the country and the Governor of a State can rely upon the report of the Election Commission based on an enquiry before taking a decision under Article 103(2) and under Article 192(2) of the Constitution - Therefore, to call the Election Commission's responsibility before passing an order u/s.10A only to see the form and not substance as canvassed by the appellant is a proposition too difficult to accept.s.10A - Power invested with Election;Commission -Scope of - Held: Power invested with the constitutional authority such as Election Commission should not be a mere empty formality but an effective and stable one, in whom the citizens of this country can repose faith and look upon to ensure that such unscrupulous elements and their attempts to enter into political administration of this vast country are scuttled.s.10A - Right to inspect accounts lodged by the candidates - Held: Reading s.10A along with Rules 87 to 90, in particular, the right conferred on any person to seek for inspection of the accounts submitted, is not merely to look into the details of the account- If based on the inspection, made by a person under Rule 88 and the attested copies of such accounts disclose that the candidate concerned committed a very serious illegality in the matter of submission of account of election expenses, it must be stated that such a person will have every right to bring it to the notice of the Election Commission for taking appropriate legal recourse available to that person under the Act - Once any such misfeasance in the submission of account of election expenses is brought to the notice of Election Commission, thereafter it would be for the Election Commission to set the process in motion for deciding the issue as contemplated in s._10A of the Act- Conduct of Election Rules, 1961-rr.87 to 90.s. 10A - Purpose of enquiry- Held: The enquiry to be held u/s.10A is not to examine any allegation of corrupt practice falling u/s. 123 of the Act - The only area of examination to be made in an enquiry u/s. 10A is with regard to the lodging of the account of election expenses and whether such lodgment was done in the manner and as required by or under the Act - In the second place, when such an enquiry is held, the scope would be as contained in s. 77(1) and (3) as well as s. 78- The enquiry u/s.10A would be more or less of a civil nature and therefore, the principles of preponderance of probabilities alone would apply and even after the order of disqualification, if any, is passed u/s. 10A, after following the requirement of issuance of show cause notice, receipt of reply, etc., there is a further remedy available to the contesting candidate u/s.11 by which the aggrieved candidate can demonstrate before the Election Commission as to how the order of disqualification cannot stand.ss. 77 and 78 - Election expenses - Maintenance of accounts - Held: s. 77 mandates as to how the account of election expenses are to be maintained and the maximum limit that can be expended as prescribed - s. 78 mandates that every contesting candidate. in an election should within 30 days from the date of election of the returned candidate, lodge with the DEO an account of his election expenses, which should be a true copy of the account kept by him or by his election agent as required u/s. 77 - Reading s. 78 and Rules 87 and 88, the intention of the legislature is explicitly clear that the maintenance of the correct account of the election expenses within the time limit prescribed is not for the satisfaction of the Election Commission alone - The purport of the said exercise is to ensure that none of the candidates can take it as a formality and file some return without disclosing their correct particulars, inasmuch as once the true copy of the account maintained is lodged with the DEO it is not only for the candidates who contested in the election but 'any person' meaning thereby, any citizen of this country can have access to verify the account lodged with the DEO and also get a authenticated copy of such a statement - In fact, such an exercise is to maintain purity in election.ss.80 to 116 - Status of validly elected candidate - Challenge - Held: The status of a validly elected candidate in an election can be called in question only before the Election Tribunal (High Court) by way of an Election Petition - The power and jurisdiction u/s. 10A does not clothe the Election Commission to deal with the successful election of the candidate concerned- In other words, exercising power u/s.10A, the Election Commission cannot set aside the election of a successful candidate - s. 10A talks of only an order of disqualification that can be passed by an Election Commission.Constitution of India: Article 324(1) - Power and duties of Election Commission - Held: Under Article 324(1), the nature of functions, powers such as superintendence, issuance of directions, control of the preparation of the electoral rolls, the conduct of all elections to Parliament and to the legislature of every State, as well as the elections to the offices of the President and Vice-President, as per the Constitution, is invested with the Election Commission.Judicial Notice : Elections - Manipulations and malpractices adopted and applied in election - It is common knowledge as is widely published in the Press and Media that nowadays in elections, payment of cash to the electorate is rampant and the Election Commission finds it extremely difficult to control such a menace - There are attempts made to violate the restrictions imposed in the matter of incurring election expenses with a view to woo the electorate concerned ·and thereby, gaining their votes in their favour by corrupt "means viz by purchasing the votes. |
