HEMANT KATAKWAR Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) HEARD. Challenge in this petition is to the order dated 29.05.2006 (Annexure P/1) whereby the State Election Commission, in exercise of its power under provisions of section 32-C of the Chhattisgarh Municipalities Act 1961 (for short "the Act, 1961/), has declared the petitioner disqualified for contesting the election for next five years. Admittedly, the petitioner contested the election for the post of President. Municipal Council. Baloda. The result of the election was declared on 19.12.2004. Section 32-B of the Act, 1961 provides for lodging of account of election expenses within a period of 30 days from the date of declaration of the result. The said requirement is mandatory as there is no provision for grant of relaxation or condo nation of delay in lodging of account of election expenses. The petitioner lodged his account of election expenses on 04.02.2005 after a delay of 15 days. Section 32-C which reads as under, provides for disqualification if a candidate has failed to lodge account of election expenses within time and manner required under the Act.

(2.) THE petitioner has failed to lodge account of election expenses within time and has further not submitted any explanation for the delay, learned counsel appearing for the petitioner submits that the petitioner was not aware of the requirement of law and as such, it could not be lodged in time. Be that as it ay, if a candidate who has filed nomination for contesting election for the post of President, is not aware of the legal provisions, he cannot be given benefit of ignorance of law and as such, the order impugned herein does not warrant any interference.