Mumbai: Observing that it is mandatory for elected representatives to submit the details of their expenses on election campaign, the Aurangabad bench of the Bombay High Court held that if a candidate fails to do so, s/he cannot be disqualified on this ground alone.
The HC said disqualifying a representative without considering the reasons for delay in submitting the details, will be harsh and against the elections, which are held democratically.
A bench of Justice Ravindra Ghuge delivered the significant ruling while dealing with a plea filed by two persons, who were disqualified from their membership to Gram Panchayat. These elected representatives, we’re disqualified for failing to submit the details of expenses made towards election campaign, within the mandatory 30 days time frame.
The Collector had also imposed a ban on the duo from contesting elections till next five years. The representatives, however, claimed that they were wrongly ousted from their positions as the delay was only of two days and 16 days.
Considering the facts of the case, Justice Ghuge said, “In my view, such disqualification on account of failing to submit accounts within thirty days, cannot be compared with grounds of disqualification like having more than two children, not having a toilet, encroachment on government land or acts disgraceful on the part of an elected representative.”
“Though the message needs to go out loud and clear that accounts of election expenses have to be tendered in proper format, the explanation put forth needs to be considered since the disqualification would lead to the ousting of a democratically elected person and placing additional financial burden on the government for conducting fresh elections to the posts that have fallen vacant due to orders of disqualification,” Justice Ghuge held.
The court noted imposing a ban from contesting polls for next five year, would be too harsh, especially in view of the “minor delay” in submitting the expenses’ details.
“There is always a distinction between inordinate delay and a delay of a short duration. Therefore, the case of inordinate delay would warrant a strict scrutiny and if the delay is very short or minor, would call for a liberal delineation,” Justice Ghuge said while quashing orders of the Collector.
