Judgment :

Fakkir Mohamed Ibrahim Kalifulla, J.–

1. Leave granted in all the Special Leave Petitions.

2. The simple yet important question of law that have arisen in these appeals before us and which have serious ramifications on the maintenance of sanctity in our democracy is as to whether the Election Commission, under Section 10A of the Representation of the People Act, 1951, can conduct an enquiry to determine the falsity of the return of election expenses by an elected candidate, especially after a decision is rendered by the High Court in the Election Petition preferred by the Respondent No. 1.

3. On the aforesaid background, let us briefly examine the facts of this case. The appeal (@ SLP (C) No. 29882 of 2011) has been filed by the candidate who was elected in the Assembly elections in the State of Maharashtra. The results of the election to the Assembly were declared on 22.10.2009. The Respondent No. 1 was one of the candidates who contested the said election as against the Appellant. The Appellant was declared elected and the Respondent No. 1 was an unsuccessful candidate. As per the provisions of the Representation of the People Act, 1951 and the Conduct of Election Rules, 1961 (hereinafter called "the Act and the Rules"), within one month from the date of publication of the results, a statement of election expenses has to be filed by the candidate with the District Election Officer (hereinafter called "DEO"). The Appellant stated to have filed his statement of election expenses on 17.11.2009, i.e., within one month of the date of election. It is also brought to our notice that on 24.11.2009, the DEO, Nanded forwarded his report to the Election Commission of India and that according to the Appellant, nothing adverse was stated in the said report. However, on 02.12.2009, the Respondent No. 1 filed a complaint with the Election Commission alleging violation of the Election Code based on newspaper reports. Besides the above complaint of the Respondent No. 1 to the Election Commission, he also filed an Election Petition before the Election Tribunal (High Court) on 04.12.2009. This very allegation which was raised before the Election Commission was stated to have been raised in the Election Petition as well. The Election Petition was dismissed by the Election Tribunal (High Court) on 18.10.2012 on the ground of want of material particulars. The Respondent No. 1 thereby preferred a statutory appeal before this Court in Civil Appeal No. 9271 of 2012, which was also dismissed by this Court on 21.01.2013.

4. We heard Mr. Gopal Subramanium, learned Senior Counsel for the Appellant in the appeal (@ SLP(C) No. 29882 of 2011), Mr. Venkatramani, learned Senior Advocate for the Appellant in the appeal (@ SLP(C) No. 14209 of 2012), Mr. Sunil Kumar, Senior Advocate for the Appellant in the appeal (@ SLP(C) No. 21958 of 2013. We also heard Mr. Jayant Bhushan, Senior Advocate for the Respondent No. 1 in the appeal (@ SLP(C) No. 29882 of 2011) and Ms. Pinki Anand, Senior Advocate for Respondent Nos.2 and 3 in the said appeal. Mr. L. Nageswar Rao, Additional Solicitor General appeared for the Respondent No. 5, Union of India and Mr. Ashok H. Desai, Senior Advocate represented the Election Commission. We also heard Mr. Prashant Bhushan, learned counsel, who appeared for the Applicants/Intervenors through I.A. No. 2 of 2013.

5. Mr. Gopal Subramanium, learned Senior Counsel in the first instance, referred to Sections 77 (1)(2)(3), 80A, 86 (1), 100(1)(a) (b) and 123(6), as well as Section 10A of the said Act. The learned Senior Counsel also referred to Articles 101(3)(a), 102(1)(e) and 103 of the Constitution, as well as Articles 190, 191(1)(e) and 192. The learned Senior Counsel also made reference to Rules 86, 87, 88 and 89 falling under Part VIII of the Rules and contended that the Election Commission had no jurisdiction to deal with the issue relating to disqualification on the ground of irregularity in the lodging of election expenses