SHANTILAL BUM BUM Vs. STATE OF M P

JUDGEMENT

(1.) BY filing this writ, the petitioner seeks to challenge the order, dated 12-10-2001 (Annexure P-6) passed by respondent No. 1, whereby petitioner has been disqualified for being chosen as a member of the Nagar Panchayat, Rajgarh for a period of five years. Facts relevant for the disposal of the writ which He in a narrow compass need mention in brief.

(2.) PETITIONER was elected as President of Nagar Panchayat, Rajgarh, District Dhar on 28-12-1999.

(3.) ON 24-4-2000, the State Election Commission (respondent No. 1) issued a show-cause notice (Annexure P-1) to petitioner inter alia saying therein that in terms of Section 32-B of M. P. Municipalities Act every contesting candidate at an election of President has to submit within 30 days with the officer notified by the State Election Commission an account of his election expenses. It was said that since petitioner failed to submit the accounts as per the requirement of Section 32-B hence, why an action of disqualification as contemplated under Section 32-C ibid be not taken against the petitioner. The petitioner was asked to reply. The petitioner then on 22-5-2000 (Annexures P-2 and P-3) not only submitted the accounts to the Returning Officer as per the requirement of Section 32-B ibid and also filed reply to the show cause, on 31-7-2000, the petitioner was asked to appear before the Returning Officer in support of his submissions. The petitioner accordingly appeared. However by impugned order, dated 12-10-2001 (Annexure P-6) the State Election Commissioner declared the petitioner to be disqualified for the post of President and accordingly, debarred him from contesting election for a period of 5 years. This is what is contained in the impugned order:-