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S. G. MEHARE
Ramnath S/o Govind Kadam – Appellant
Versus
Mangal W/o Bhausaheb Kadam – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2. This case exemplifies a lack of sportsmanship and electoral spirit. Instead of spending time on the social work, a doctor by profession is spending time on the litigation. Even after the two competent authorities gave their verdict, he dragged the public-elected members of the Village Panchayat to the High Court. That shows the changing shape of Indian democracy. No one leaves a single stone unturned. The politicians take pride in showing each other down. The politicians appear to have diverted from their primary responsibility to ensure public administration is conducted impartially and neutrally. They also appear to have forgotten that the quality of a good politician is a vision and the power to implement that vision. They are supposed to take the state forward, make the commoner's life easy and comfortable, and educate people. Not only this, but the parties to the petition tried to involve the government machinery to prove that they were and were not in a position to submit statements of election expenses within the time prescribed by the election commissioner.
3. The election of
Minor delays in submitting election expenses can be condoned if caused by sufficient reasons, and the impact of external factors, such as the Covid-19 pandemic, should be considered in such cases.
The disqualification for non-submission of election expenses must be reconsidered if proper justification exists.
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.
Timeliness is crucial in election petitions; even minimal delay is not condonable, leading to automatic dismissal under the Representation of People Act, 1951.
The main legal point established in the judgment is that the effect of COVID guidelines on the delayed production of the caste validity certificate and the applicability of settled law on the mandato....
The limitation period for election petitions under the Representation of the People Act is strict and cannot be extended, and claims of fraud must be substantiated with evidence.
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....
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