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RITU RAJ AWASTHI, ASHOK S. KINAGI
K. Srinivas – Appellant
Versus
Karnataka State Election Commission – Respondent
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 th
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....
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.
The main legal point established in the judgment is the timely submission of election expenses and the jurisdiction of the Divisional Commissioner in setting aside the District Collector's disqualifi....
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.
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.
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