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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
Dhanya Devadas – Appellant
Versus
Kerala State Election Commission – Respondent
| Table of Content |
|---|
| 1. disqualification under section 33 requires notice. (Para 2 , 4 , 5) |
| 2. detailed procedures are required for election expense accountability. (Para 6 , 7) |
| 3. failure to follow procedural safeguards can lead to unjust disqualification. (Para 8) |
JUDGMENT :
P.V. Kunhikrishnan, J.
These writ petitions are connected, and therefore, I am disposing of these cases by a common judgment. When the State Election Commission declares a person disqualified for failure to lodge an account of election, whether a detailed enquiry, after hearing the parties, is necessary is the short point to be decided in this case.
2. The petitioners were candidates in the election conducted in the General Election to the Local Self-Government Institutions in Kerala in the year 2020. They were disqualified as per the impugned orders in these writ petitions invoking the powers under Section 33 of the Kerala Panchayat Raj Act , 1994 (for short, the Act 1994). The short point raised by the petitioners is that such an order is passed without affording an opportunity of hearing to the petitioners and without issuing a show-cause notice. Hence, these writ petitions.
3. Heard counsel for the petitioners, the S
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....
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.
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....
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 ....
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....
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