JAWAHAR LAL GUPTA Vs. RAJYA NIRVACHAN AYOG BHOPAL

JUDGEMENT

(1.) Petitioner in the instant writ petition seeks quashment of the order Annexure P/1 disqualifying him for period of five years under Section 32-C of M.P. Municipalities Act, 1961 (for short "the Act of 1961").

(2.) Notification was issued on 23/10/2001 (Annexure P/1) published in M.P. Gazette dated 9/11/2001 notifying that M.P. State Election Commission was satisfied that each of the contesting candidates specified in the table at the general election of the President of Nagar Panchayat held in December, 1999 has failed to lodge an account of his Election Expenses as required by the Act of 1961 and the Election Expenses (Maintenance and Lodging of Account) Order, 1997 (for short "the Order of 1997"). It was also mentioned that said candidates have not furnished any reason or explanation for the said failure even after due notice and the State Election Commission was, thus, satisfied that they have no good reason or justification for the said failure. The State Election Commission declared the petitioner to be disqualified for being chosen as and for being a Member of the Nagar Panchayat specified in column (2), that is, Nagar Panchayat, Mauganj, District-Rewa for a period of five years from the date of the order.

(3.) Factual matrix indicates that petitioner contested the election of the President of Nagar Panchayat, Mauganj on 28-12-1999. He had appointed Shri Abdul Hamid Siddiqui as an election agent under Rule 33 of M.P. Nagar Palika Nirvachan Niyam information of which was duly submitted to the returning officer. Petitioner submits that for all practical purposes, election agent is to act on his behalf on all occasions. It is the duty of the election agent to maintain the correct accounts under Section 32-A of the Act of 1961 and to lodge it properly under Section 32-B and to do all other necessary things in the maintenance of day-to-day accounts. Section 32-C of the Act of 1961 deals with disqualification for failure to lodge account of election expenses. Petitioner submits that Section 32-A and 32- of the Act of 1961 do not require to maintain the accounts by counter signing vouchers by the candidate. Vouchers must be signed either by the election agent or by candidate. Vouchers are merely the supporting documents to the statements of accounts which is submitted and which is perused from time to time either by the Returning Officer or his duly authorised subordinates. Petitioner further relies on the "Order of 1997". Para 3 of the Order of 1997 requires particulars of account of election expenses to be maintained. Para 4 provides maintenance of day-to-day account of election expenses which shall be maintained by a candidate or his election agent from day to day, in a register in Proforma A, which shall be supplied to him by the Returning Officer immediately after his nomination. Para 5 provides production of the record of day-today account of election expenses for inspection and in case inspection is not offered that has to be treated as "major default" on the part of candidate to comply with this order. Para 6 deals with abstract statement of election expenses which are to be submitted soon after declaration of the result of election. Para 7 provides for lodging of account of election expenses which includes the register of day to day account of election expenses; vouchers relating to the entries made in the register of election expenses and abstract statement of election expenses. The register of day to day account of election expenses and the abstract statement of election shall be authenticated and countersigned by the candidate in case they have been prepared and signed by his election agent and the vouchers shall also be counter signed by him before being lodged. Para 8 deals with the procedure of notice by District Election Officer for inspection of account. Para 9 relates to inspection of account and the obtaining of copies thereof. Para 10 deals with the report by the district election officer as to the lodging of the account of election expenses and the decision of the Election Commissioner thereon.