ANIL KUMAR YADAV Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) THE petitioner seeks quashing of an order by which he has been disqualified from seeking election to either House of the Parliament or the State Legislature for a period of three years by the Election Commission of India under Section 10A of the Representation of the People Act, 1951. Copy of the impugned order bearing No. 76/BR -LA/99 dated 7.12.99 is Annexure -5 to the writ petition.

(2.) THE petitioner filed his nomination papers on 21.1.95 for election to the Bihar Legislative Assembly in 1995 from Patna West Constitutency No. 206 as an independent candidate. His candidature was accepted and he was allotted symbol. He was supplied the statutory registers including register for maintaining the expenses by the office of the District Magistrate, Patna i.e. the Election Officer.

(3.) ACCORDING to the petitioner on 6.3.95, he returned the registers to the Returning Officer intimating him that on account of financial problems he had decided to withdraw from the election, and he thus stopped canvassing for the votes. On 20.2.96 he received notice from the Election Commission of India dated 27.11.95 asking him to furnish the required details within 20 days of the receipt of the notice. The petitioner sent application stating that he had dropped out of the election process. He received another notice dated 18.9.98 informing him that statement of expenses furnished by him was not in accordance with law. Vouchers, Forms l and II along with affidavit had not been submitted. On 12.10.98 the petitioner claims to have submitted the required documents containing the details of the expenses along with affidavit in the office of the Election Officer, Patna. The grievance of the petitioner is that though he had duly complied with the notice, the impugned order has been arbitrarily passed which affects his fundamental right to contest election.