HARI MOHAN CHAUDHARY Vs. STATE OF M P

JUDGEMENT

(1.) Heard. Petitioner has filed this petition challenging the order of the Collector declaring the petitioner ineligible to contest election of the Nagar Panchayat, Alampur on the ground that he did not furnish the account of the election expenses within the prescribed time limit, copy of the order dated 19.10.2004 has been filed as Annexure R-1 along with the return.

(2.) The petitioner was elected as President of Nagar Panchayat, Alampur in the election held in the month of December 1999. As per the petitioner, he submitted the details of account of election expenditure on 20.1.2000 to the District Election Officer. THE Chief Municipal Officer also informed the Election Officer that the petitioner submitted that details of account of election expenditure of Nagar Panchayat, however, that could not be forwarded to the office of Election Officer within time, hence, the details are being forwarded. Copy of the letter has been filed as Annexure P-3 dated 10.3.2003. Further, the Chief Municipal Officer vide letter dated 22.9.2003 informed the Sub District Election Officer that the petitioner submitted the details of account of election expenditure to the Nagar Panchayat on 30.3.2000 and it was forwarded to the Election Officer vide letter No. 539 dated 2.10.2000.

(3.) As per the return filed by the respondents, the petitioner was issued a show cause notice by the District Election Officer on 26.2.2003 to lodge the election expenses and as per the reply submitted by the Chief Municipal Officer, copy of which has been filed as Annexure P-3 dated 10.3.2003, the details of account of election expenses of the petitioner were already forwarded to the Election Officer vide letter No. 539 dated 2.10.2000, hence the petitioner has already lodged the details of account of election expenses before issuing the show cause notice.