JANESH KUMAR BHADANA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) THE petitioner had unsuccessfully contested elections from Wazirpur constituency for Member Legislative Assembly (MLA) of National Capital Territory of Delhi on the ticket of Bahujan Samaj Party.

(2.) UNDER the Representation of the People Act, 1950, a candidate is required to submit its election account within a period of 30 days from the date of elections. The petitioner received a letter from the office of the District election Officer (North-West) dated February 23, 2005 asking him to submit a detailed representation along with correct accounts of the election expenses within 20 days from the date of receipt of the letter. According to the petitioner, he had submitted the accounts. However, as per the learned counsel for respondent no. 1, no such accounts were furnished. In view of the alleged non-furnishing of the accounts by the petitioner, the Election Commission in exercise of its powers under Section 10a of Representation of the People Act passed an order dated January 8, 2007 disqualifying the petitioner for being chosen as and for being, member of either House of Parliament or of a legislative Assembly or Legislative Council of a State/union Territory for a period of three years from the date of the order. The petitioner filed an application under Section 11 of the aforesaid Act before the Election Commission praying for removal of his dis-qualification. The application so filed was dismissed on June 4, 2006. Feeling aggrieved from the orders dated January 8, 2007 and June 4, 2007, he has preferred the present writ petition. Without going into the merits of the case, learned counsel appearing for respondent no. 1 states that if the petitioner furnishes copy of the accounts which he states he has already filed before the concerned authority within a week from now, his case shall be considered afresh and even the order disqualifying him for a period of three years will also be re-examined.

(3.) IN view of the submission of learned counsel for respondent no. 1, I direct the petitioner to furnish a copy of the accounts to the Election commission within a week from now. The Election Commission shall consider the accounts so furnished and shall pass necessary orders thereon and shall also consider his request for reducing the period of his disqualification to contest the elections. With these directions, the petition is disposed of.