SANTOSH SHARMA Vs. CHHATTISGARH STATE ELECTION COMMISSION

JUDGEMENT

(1.) Heard.

(2.) The instant writ petition is against the order dated 08.09.2006 passed by the State Election Commission, whereby the petitioner was disqualified to contest the election of Municipality/Nagar Panchayat, to be elected as a President or Councilor for a period of 5 years. The said order was passed in exercise of powers under Section 32 -C of the Chhattisgarh Municipalities Act, 1961 (hereinafter referred to as 'the Act, 1961'). The occasion was to pass such order arose as the petitioner failed to submit the election expenses within a period of 30 days from the date of election of the returning candidate.

(3.) The said order has been assailed raising grounds on fact that on 14.12.2004 the election was held and on 19.12.2004 the counting took place. It was contended on behalf of the petitioner that expenses in respect of the election was submitted through the agent of the petitioner and the petitioner was under the bona fide belief that such expenses/statements have been submitted. It is stated that subsequently the petitioner received a show-cause notice from the State Election Commission, whereon it came to her notice that the expenditure account has not been submitted as such immediately thereafter the account was submitted. It is further stated that the District Election Officer after evaluating those facts had also recommended the case of the petitioner for consideration on sympathetic grounds.