FOHARA BAI MIRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein was elected as President of Nagar Panchayat Maro, Distt. Bemetara, on 31-12-2015 and the election was notified in the Official Gazette on 4-1-2016. She was obliged to submit her election expenses within 30 days from the date of election as President of Nagar Pachayat by virtue of Section 32-B of the Chhattisgarh Municipalities Act, 1961 (for short, 'the Act of 1961'), which she could not submit leading to issuance of show-cause notice by the Chhattisgarh State Election Commission on 23-5- 2016 to show-cause as to why she not be disqualified for failing to lodge the account of expenses within time and manner required by the Act of 1961. She replied the show-cause notice on 17-6-2016 clearly stating that she was unaware of the provision relating to lodging of election expenses within 30 days from the date of notification of election, but since that reply was not signed by her, she was again subjected to notice on 7-12-2016 to which she filed reply on 17-1-2017 stating inter alia that the requirement of lodging election expenses was not informed to her by any of the election officers or the District Election Officer and she being a Scheduled Caste woman and only studied up to Class-II, did not have the technical and legal knowledge of lodging expenses and therefore she could not file the same. On 29-5-2017, on being asked by the Commissioner, Chhattisgarh State Election Commission to again appear before the Commission to record her statement, she appeared and made statement on that day that she being an illiterate lady and not aware of the legal provision regarding lodging of election expenses within 30 days from the date of election apart from being unwell on that day, could not file the same and that constitutes good cause for not filing election expenses within the time stipulated under Section 32-B of the Act of 1961.

(2.) The State Election Commission by its impugned order considered the reply filed by the petitioner at the first instance that she being an illiterate SC woman was not aware of the legal requirement of lodging election expenses within 30 days and also considered the subsequent statement that she remained unwell till 28-2-2016, and holding the two statements to be contradictory held that no good cause or justification for failure to file election expenses has been shown by her and consequently disqualified her to further hold the post of President of Nagar Panchayat and also disqualified her for being elected on the post of President or Councillor of the municipality for a period of four years. Questioning legality, validity and correctness of the order passed by the State Election Commission disqualifying the petitioner from holding the post of President, Nagar Panchayat, Maro and also questioning her further disqualification for being elected on the post of President or Councillor of the municipality for four years, this writ petition has been filed.

(3.) Return has been filed by the State Election Commission opposing the averments made in the writ petition stating inter alia that the petitioner has failed to show good reason / justification for not lodging the election expenses within the stipulated time and in the manner prescribed in Section 32-C(b) of the Act of 1961.