The election commission has the power to issue orders and directions in connection with the conduct of elections, as long as they are not contrary to any statute.

( 1 ) POLITICAL party and second petitioner is an independent candidate for election to the state legislative assembly. Both are voters in karnataka. They seek quashing of two orders issued by the election commission of India (the first respondent herein) i. e. , order No. 76/93/j. s. ii, dated 17-12-1993 and order no. 76/es 003/94 j. s. ii, dated 31-8-1994 (annexures a and b) containing the instructions for guidance of contesting candidates in regard to maintenance of day-to-day expenses as required by Section 77 of the Representation of People Act, 1951 ('act' for short) and Rule 86 of the conduct of election rules, 1961 ('rules' for short ).

( 2 ) AS reference to the directions contained in the said orders and the reasons for issue of such directions is necessary, the relevant portions of the said two orders are extracted below: order No. 76/93/j. s. ii, dated 17-12-1993 xxx xxx xxx5. The increasing role of money power in elections is too well-known and to end the maladies which sometimes reduces the process of election into a more force by placing some privileged candidates with financial resources in a distinctly advantageous position as compared to other candidates. The result of such an election cannot reflect the true choice of the people. The system also sometimes deprives qualified and able persons of the prerogative to represent the masses. 6. It is commonly perceived that the above quoted Provisions of law (section 77) have become utterly inadequate to check the corrupting influence of" money power. 7. It is relevant to cite from a recent judgment of the Supreme Court in this context gadakh yeshwant rao kankar rao v e. v. alias balasaheb vikhe patil and others. "the existing law does not measure upto the existing realities. The ceiling on expenditure is fixed only in respect of the expenditure incurred or authorised by the candidate himself but the expenditure incurred by the party or anyone else in his election campaign is safely outside the net of legal sanction. The spirit of the provision suffers violation through the escape route. The prescription of ceiling on expenditure by a candidate is a mere eyewash and no practical check on election expenses for which it was enacted to attain a meaningful democracy. This lacuna in the law is, however, for the parliament to fill lest the impression is reinforced that its retention is deliberate for the convenience of every one. If this be not feasible, it may be advisable to omit the provision to prevent the resort to indirect methods for its circumvention and subversion of law, accepting without any qualm the role of money power in the elections. This provision has ceased to be even a fig leaf to hide the reality". 8. The Hon'ble court has further expressed the fond wish in the above quoted judgment that the "duty of the top echelons of leadership at the state and national level of all political parties is to set the trend for giving the needed information to the electorate by adopting desirable standards so that its percolates to the lower levels and provides a congenial atmosphere for a free and fair poll". 9. While the commission, as early as February 1992 has sent to the government of India a detailed and self-contained note on electoral reforms proposing among other things suitable amendment of the aforesaid Provisions of law relating to election expenses to make them really effective and meaningful and has since then been eagerly waiting for an acknowledgement of its proposals from the government, the commission has, in the meanwhile, carefully considered ways and means to render the accounts of election expenditure submitted by the candidates as little in close to the'truth as possible, within the bounds. 10. The commission directs as follows: 10. 1 the proforma prescribed for filing the returns of election expenditure vide commissions letter No. 76/81, dated 18th september, 1981 stands modified as Annexure i of this order. The revised proform