ROHINI BALASAHEB LAWANDE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) The reference comes before us pursuant to judgment and order dated 6th March, 2020 passed by learned single judge in a group of writ petitions bearing No. 3639 of 2020 and other companion matters.

(2.) Learned single judge, hearing writ petition No. 3639 of 2020 and others, had found that the issue raised in the matters is as to whether a candidate elected unopposed is required to tender account of election expenses, and that petitioners rely on Dipmala w/o Ravindra Chachane V/s. Additional Commissioner, Nagpur, 2020 1 MhLJ 900 to contend that a candidate elected unopposed is not required to campaign for contesting election and, as such, does not incur election expenses.

(3.) Case submitted before the learned single Judge on behalf of the State had been that in Dipmala's case (supra), section 77 of the Representation of People Act, 1951 which mandates a candidate to keep account of all the expenditure incurred in connection with election, from the stage of nomination to the date of declaration of result as well as order dated 15th October, 2016 issued by the Maharashtra State Election Commission with regard to submission of expenses in election to the Parliament, Legislative assembly and local bodies had not been referred to or cited. The Resolution refers to, inter alia, that expenditure incurred even for tendering nomination form would be an election expenditure. In said group of petitions viz; W. P. No.3639 of 2020 & others, order of the State election commission dated 7th February, 1995 was referred to whereunder a candidate was supposed to maintain an abstract of accounts of expenditure including amount spent on the items specifed in proforma in Annexure 1 as election expenses which contains thirty one heads, inter alia, cost of nomination form, expenditure on security deposit, purchase of copies of electoral rolls, etc. Information according to Annexure 1 was required to be submitted by a candidate within thirty days of declaration of election result with the election ofcer, to be accompanied by afdavit on oath. The candidate was also required to maintain day to day accounts of expenditure and submit the same to returning ofcer on following day by 2.00 p.m.