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SUPREME COURT OF INDIA
M.R. Shah, Aniruddha Bose, JJ.
K. Srinivas & Ors. – Appellants
Versus
The Karnataka State Election Commission & Ors. – Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 10559 of 2022
Decided On : 09-06-2022
Show-Cause Notice - Disqualification of Candidates - Failure to Submit Election Expenditure Details - The court considered the failure of the petitioners to reply to the show-cause notice and submit the details of election expenditure as required under Rule 22(C)(6) of the Karnataka Municipalities (Election of Councillors) Rules, 1977. The petitioners challenged the disqualification order passed by the Election Commission based on the report submitted by the Deputy Commissioner, Bengaluru, Urban District.
Fact of the Case:
The petitioners submitted their reply to the show-cause notice and the statement of expenditure within two days of receiving the notice. The Election Commission passed an order disqualifying the petitioners based on the report that they did not submit the details of election expenditure.
Finding of the Court:
The court issued notice to the petitioners and permitted service of an advance copy to the counsel for the State Commission. The order was confined to the petitioners only.
Issues: Failure to reply to show-cause notice and submit election expenditure details, consideration of petitioners' submissions by the learned Single Judge and Division Bench.
Ratio Decidendi: The court's decision was based on the failure of the petitioners to comply with the requirements of Rule 22(C)(6) of the Karnataka Municipalities (Election of Councillors) Rules, 1977.
Final Decision: The court issued notice to the petitioners and permitted service of an advance copy to the counsel for the State Commission. The order was confined to the petitioners only.
ORDER
1. Ms. Vibha Dutta Makhija, learned Senior Advocate appearing on behalf of the petitioners, has submitted that the show-cause notice dated 27.01.2020 was served upon the petitioners 15.06.2020 and that within a period of two days, the petitioners ein did submit their reply to the show-cause notice along with the statement of expenditure as required to be furnished.
2. It is vehemently submitted that despite the above, the Election Commission has passed an order disqualifying the petitioners on the basis of the report submitted by the Deputy Commissioner, Bengaluru, Urban District dated 11.10.2021 that 'even though notice has been issued by the Commission to the candidates who have not submitted the details of election expenditure, they have not submitted any explanation and also the details of the election expenditure.'
3. It is submitted that therefore, the entire order passed by the State Election Commission is on the footing and/or on the premise that the petitioners did not reply to the show-cause notice and did not make any representation as provided under Rule 22(C)(6) of the Karnataka Municipalities (Election of Councillors) Rules, 1977 and did not produce the details of election expenditure.
4. It is submitted that the aforesaid aspects have not been considered either by the learned Single Judge and/or by the Division Bench.
5. Issue notice, so far the petitioners are concerned, returnable on 15.06.2022.
6. Dasti, in addition, is permitted.
7. It is made clear that the present order shall be confined to the petitioners only. It will be open to the learned counsel for the petitioners, to serve one advance copy on the counsel appearing for the State Commission, who may be in the panel of the Supreme Court.
Failure to comply with the requirements of Rule 22(C)(6) of the Karnataka Municipalities (Election of Councillors) Rules, 1977 led to the disqualification of the petitioners by the Election Commissio....
The importance of considering the petitioners' submissions and providing them with an opportunity to be heard before making a decision.
Mandatory duty to submit election expenses within prescribed time under Section 16-B and consequences of failure under Section 16-C of the Karnataka Municipalities Act, 1964.
The disqualification for non-submission of election expenses must be reconsidered if proper justification exists.
Point of Law : Section 16C of the Karnataka Municipalities Act, 1964 provides for disqualification of elected members on the ground that they have failed to lodge a true and correct account of electo....
The court established that candidates must be given notice and an opportunity to be heard before disqualification for failing to lodge election expense accounts, as mandated by the Kerala Panchayat R....
Mandatory submission of election expenses within the prescribed time and the expectation of vigilance and due care from candidates in securing the record of expenditure.
Point of Law : An Election Petition presented to the Election Commission is scrutinised by it and if Election Commission does not dismiss it for want of compliance with provisions of Section 81, Sect....
Point of law: The Court is also mindful that there is no specific embargo on exercise of jurisdiction under Article 226 of the Constitution of India even at notice stage, but in the circumstances of ....
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