Ajay Kumar & Others vs State Of Uttarakhand & Others

Sudhanshu Dhulia, J

The petitioners were the candidates for the election of the local bodies in District Udham Singh Nagar. In the said election, they were declared unsuccessful. As per the Rules applicable in such elections, within a period of thirty days from the date of declaration of the result of the elections, they had to submit the expenses incurred by them during the elections. The limit for such expenses at the relevant time was Rs.25,000/- (Rupees Twenty Five Thousand Only). Admittedly petitioners have not submitted this list of expenditure incurred by them. Thereafter a list was submitted by the District Election Officer to the State Election Commission annexing the list of such candidates in the District who have not submitted the expenses incurred by them to the authority. On the report submitted by the District Election Officer, the State Election Commission published an advertisement in a newspaper on 08.07.2014 saying that for the twelve Districts of the State of Uttarakhand barring District Haridwar, the candidates must submit their expenses within a period of thirty days from the date of declaration of the result of elections, otherwise they will be declared as ineligible for contesting the election of the local bodies.

Subsequently vide order dated 18.04.2015, the petitioners were declared ineligible for contesting the election on ground that they have not submitted the expenses incurred by them in the elections of the local bodies held in the year 2014.

The elections to the local bodies are to commence shortly and the petitioners want to contest the election but since they have already been made ineligible to contest the election for a period of six years, they cannot participate in the elections.

Learned counsel for the petitioners relies upon the order of the State Election Commission dated 01.01.2003 wherein it has been said in Clause 6 (5) that after the list is received by the District Election Officer, the State Election Commission shall give a written show cause notice to such a candidate as to why he/she should not be declared as ineligible.

This provision has not been complied with as there is no order by which a written notice was given to the petitioners as contemplated in Clause 6 (5) of the order dated 01.01.2003.

In view thereof, the writ petition is allowed. The order dated 18.04.2015 is hereby quashed and set aside. The respondents shall consider the reply of the petitioners within a period of ten days from the date it is filed and thereafter pass appropriate orders therein in accordance with law.

Let a certified copy of this order be supplied within twenty-four hours on payment of usual charges.