BHADRESHWAR TANTI Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India challenging the Order No. 76/AS/96-2258 dated 7th March, 1997 issued by the Secretary, Election Commission of India, New Delhi, under Section 10-A of the Representation of the People Act, 1951 and Rules and Orders made thereunder, declaring the petitioner along with other defaulting candidates (petitioner's name shown at serial No.64) to be disqualified for being chosen as Member of either House of Parliament or of the Legislative Assembly of the State for a period of three years.

(2.) The petitioner was a former Member of the 8th Lok Sabha from the Kaliabor Parliamentary Constituency in the year 1985. He lost the General Election in the year 1996 from the Bokakhat Assembly Constituency No. 93. It was averred in the petition that the petitioner incurred a sum of Rs.27,527.70 towards the election expense. The election agent of the petitioner who used to maintain the books of account submitted statement of expenditure in the office of the respondent No.3, the Returning Officer, Bokakhat in the month of June, 1996. It was pleaded that the petitioner was sick and that prevented the petitioner in submitting the required Affidavit along with the said account of expenditure. It was further stated that the respondent No. 3 was duly informed about the cause of the delay in submitting the affidavit, which was apparently received by the Head Assistant of the office of the respondent No.3 on 8.1.97. According to the petitioner, the said Head Assistant acknowledged the receipt of the said letter addressed to the respondent No. 3, requesting him to refer the same to the Election Commission. In the meanwhile, the impugned order of the Election Commission was announced declaring the petitioner together with sixty-eight other candidates from the State of Assam as disqualified for being chosen as a Member of either House of Parliament or of the State Legislative Assembly for a period of three years from the date of the order on their failure to lodge account of election expenses under Section 1G-A of the Representation of People Act, 1951,

(3.) In the petition, several issues were raised assailing the propriety, legitimacy as well as the competency of the order of the respondent No. 1, Election Commission, communicated by the respondent No.2, Secretary, Election Commission.