GANESH RAO Vs. MADHYA PRADESH STATE ELECTION COMMISSION

JUDGEMENT

(1.) By filing this petition under Article 226 and 227 of the Constitution of India the petitioner has challenged the order dated 28.11.2006 (Annexure P-12) passed by the first respondent Madhya Pradesh State Election Commission ('Commission' for short) declaring him to be disqualified for being Councillor or President of Nagar Panchayat Kymore district Katni (for short 'the Nagar Panchayat') for a period of 5 years from the date of passing of the order.

(2.) Brief facts of the case are that the petitioner contested the election and was declared elected on 25.11.2004 as President of the Nagar Panchayat. He lodged the account of his election expenses on 15.12.2004 to the Assistant Returning Officer of the Nagar Panchayat. On 1.3.2005 a notice (Annexure R-3) was issued to him to show cause as to why he should not be disqualified under Section 32-C of the Act as he has failed to lodge the account of election expenses within time and in the manner required under Section 32-C (a) of the Municipalities Act, 1961 (Act for short) read with Election Expenses (Maintenance and Lodging of Account) Order 1997 (for short Order of 1997).

(3.) Pursuant to the aforesaid show cause notice the petitioner submitted his reply on 14.3.2005 (Annexure P-3) stating therein that he had already lodged the account of the election expenses on 13.12.2004 before the Assistant Returning Officer, Nagar Panchayat as he was orally directed by the office of the District Election Officer cum Collector Katni to lodge the account of the election expenses before the Returning Officer.