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.

JUDGMENT

1. This is an intra court appeal filed by the appellants challenging the order dated 18th April 2022 passed in W.P.No.3415/2022.

2. Brief facts giving rise to the filing of this appeal are as under :.

The appellants were elected as Councilors to respondent No.4-Municipal Council from the respective wards. Respondent No.1 issued a notice on 27.1.2022 calling upon the appellants to submit the explanation in writing for non submission of details of election expenditure spent in the election and directed the appellants to furnish the details to respondent No.3. In pursuance to the aforesaid notice issued by respondent No.1, the appellants submitted details of expenditure to respondent No.3. The appellants have not replied to the said show cause notice of respondent No.1. Respondent No.1, considering the records, has passed an order dated 15.11.2021 under Section 16-C of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the Act of 1964), disqualifying the appellants as Councilors of the respective wards on the ground that they have failed to lodge true and correct account of expenditure with the Returning Officer within the time prescribed under Section 16-B of the aforesaid Act of 1964. The appellants aggrieved by the disqualification order dated 15.11.2021 have filed the writ petition in W.P.No.3415/2022. The writ Court after hearing the parties dismissed the writ petition. Hence, this writ appeal.

3. Heard Sri M R Rajagopal, learned Senior counsel for the appellants, Sri N. Phanindra, learned Senior counsel for respondent No.1 and Sri R Subramanya, learned Additional Advocate General.

4. Learned Senior counsel for the appellants, Sri M.R.Rajagopal submits that notices were issued by respondent No.1 in respect of non submission of details of election expenditure and also directed the appellants to submit full details of the election expenditure to the Tahsildar of the concerned Taluk. He submits that the appellants have replied to the said show cause notices. He submits that before passing an order of disqualification, no enquiry was held. He further submits that respondent No.1 without considering the reply has proceeded to pass the order of disqualification. He further submits that the said order is in violation of the principles of natural justice. Further, he has placed reliance on the judgments of the Hon'ble Apex Court in the following cases :

1. D Sanjeevayya v. the Election Tribunal, Andra Pradesh and Others (AIR 1967 SC 1211)

2. Thomasmates Gudinho v. The Election Commission of India and Others (ILR 2002 KAR 3078;

3. Election Commission of India v. Telangana Rashtra Samithi And Another (2011) 1 Supreme Court Cases 370

3. ASHOK SHANKAR RAO CHAWAN V. MADHAV RAO KINHALKAR (2014) 7 SCC 99.

He further submits that the writ court without considering the material placed on record, dismissed the writ petition. The impugned order is arbitrary and erroneous. He submits that after dismissal of the writ petition, respondent No.1 issued notification dated 28.4.2022. The issuance of said notification does not set the process of election into motion. He submits that this court can interfere even after issuance of notification dated 28.4.2022. Hence, on these grounds he prays to allow the writ appeal.

5. Per contra, learned Senior counsel for respondent No.1 Sri K N Phanindra, submits that respondent No.1 issued notice to the appellants calling upon them to furnish details of election expenditure to the Tahsildar. He further submits that the matter is covered by the decision of a Co-ordinate Bench of this court in W.A.2634/2015 disposed of on 18th March 2019. He submits that after the disposal of the writ petition, respondent No.1 issued notification dated 28.4.2022 notifying the calendar of events. He further submits that the writ appeal was filed after issuance of calendar of events. He places reliance on Article 243ZG of Constitution of India and submits that no election to any Municipality shall be called in question