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KRISHNA S.DIXIT
K. Srinivas S/o Krishnappa – Appellant
Versus
Karnataka State Election Commission – Respondent
ORDER :
1. Petitioners having been disqualified from continuing as the elected members of the Municipality are knocking at the doors of the Writ Court for assailing the disqualification order dated 15.11.2021, a copy whereof is at Annexure-H issued by the 1st Respondent- State Election Commission. The operative portion of the said order reads as under:
2. After service of notice, the respondents having entered appearance through their learned advocates oppose the petition, making submission in justification of the impugned order and the reasons on which it has been constructed.
3. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter as under and for the following reasons:
“16C. Failure to lodge an account of ele
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....
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.
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.
The disqualification for non-submission of election expenses must be reconsidered if proper justification exists.
Election - Tendering election expenses - Exemption of - It would not be that expenses for election would be only when there would be a contest in elections. It cannot be said in all cases that there ....
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....
Disqualification of elected officials requires strict adherence to principles of natural justice, especially when the individual is illiterate; ignorance of the law should be considered.
Non-compliance with election expenditure accounting does not constitute corrupt practice unless it materially affects election results.
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