LAWS(SC)-2022-6-33

K. SRINIVAS Vs. KARNATAKA STATE ELECTION COMMISSION

Decided On June 09, 2022
K. SRINIVAS Appellant
V/S
Karnataka State Election Commission Respondents

JUDGEMENT

(1.) Ms. Vibha Dutta Makhija, learned Senior Advocate appearing on behalf of the petitioners, has submitted that the show-cause notice dtd. 27/1/2020 was served upon the petitioners 15/6/2020 and that within a period of two days, the petitioners ein did submit their reply to the show-cause notice along with the statement of expenditure as required to be furnished.

(2.) It is vehemently submitted that despite the above, the Election Commission has passed an order disqualifying the petitioners on the basis of the report submitted by the Deputy Commissioner, Bengaluru, Urban District dtd. 11/10/2021 that even though notice has been issued by the Commission to the candidates who have not submitted the details of election expenditure, they have not submitted any explanation and also the details of the election expenditure.

(3.) It is submitted that therefore, the entire order passed by the State Election Commission is on the footing and/or on the premise that the petitioners did not reply to the show-cause notice and did not make any representation as provided under Rule 22(C)(6) of the Karnataka Municipalities (Election of Councillors) Rules, 1977 and did not produce the details of election expenditure.