Dhanya Devadas vs The Kerala State Election Commission & Anr.

P.V.Kunhikrishnan, J

These writ petitions are connected, and therefore, I am disposing of these cases by a common judgment. When the State Election Commission declares a person disqualified for failure to lodge an account of election, whether a detailed enquiry, after hearing the parties, is necessary is the short point to be decided in this case.

The petitioners were candidates in the election conducted in the General Election to the Local Self-Government Institutions in Kerala in the year 2020. They were disqualified as per the impugned orders in these writ petitions invoking the powers under Section 33 of the Kerala Panchayat Raj Act, 1994 (for short, the Act 1994). The short point raised by the petitioners is that such an order is passed without affording an opportunity of hearing to the petitioners and without issuing a show-cause notice. Hence, these writ petitions.

Heard counsel for the petitioners, the Special Government Pleader and the Standing Counsel appearing for the State Election Commission.

Section 86 of the Act 1994 deals with the lodging of accounts with the officer authorised by the State Election Commission by a contesting candidate at an election. It will be better to extract Section 86 of the Act 1994:

Section 85 of the Act 1994 deals with the mandate of keeping separate and correct accounts of all expenditure in connection with the election by the candidate or his election agent, and also the mandate that the maximum expenditure shall not exceed such amount as may be prescribed. Section 33 of the Act 1994 deals with the disqualification for failure to lodge account of election expenses. It will be better to extract Section 33 of the Act 1994:

Rule 59 of the Kerala Panchayat Raj (Conduct of Election) Rules 1995 (for short Rules 1995) says about the procedure to be followed by the State Election Commission. It will be better to extract Rule 59 of the Rules 1995, which is relevant here.

A reading of Rule 59 of the Rules 1995, it is clear that a report is to be submitted by the Authorised Officer regarding the submission of the account of the election expense to the State Election Commission. Immediately on the receipt of a report, the State Election Commission shall examine the same, and decide whether any contested candidate has failed to lodge the account of election expense within the time and in the manner required by the Act and Rules. Thereafter, the State Election Commission decides under sub-rule (4) of the Rules 1995, whether a candidate has failed to lodge the account of election expenses, after issuing a written notice calling upon the candidate to show cause why he should not be disqualified under Section 33 of the Act 1994. Any candidate who has been called upon to show cause under sub-rule (5) of Rules 1995 shall within 20 days of the receipt of such notice submit in respect of that matter a representation in writing to the State Election Commission, and that at the same time, send to the officer authorised by the State Election Commission, a copy of his representation together with a complete account of his election expenses if he had not already furnished such an account. Thereafter, as per sub-rule (8) of Rule 59 of the Rules 1995, the State Election Commission shall, after considering the representation submitted by the candidate and the comments of the officer authorised by the State Election Commission, take a decision.

Therefore, a reading of Rule 59 of the Rules 1995 shows that a detailed procedure is contemplated before disqualification. It is not an empty formality. If the accounts are not submitted within the time prescribed by the statute, serious consequences will follow. A citizen will be disqualified from contesting an election for 5 years, a serious consequence that affects their constitutional rights. Therefore, the State Election Commission must strictly follow the procedures set out in the Act and the Rules. Dilution of the same may create serious consequences for the affected parties. A mandatory notice is necessary to the person concerned before taking a decision regarding disqualification under Section 33 of the Act 1994, and the State Election Commission should see that the notice is served and his version is considered before ordering disqualification.

Coming back to the facts of this case, the definite case of the petitioners in these cases is that no notice has been issued to them before the impugned disqualification orders. The Standing Counsel appearing for the State Election Commission was unable to produce any documents to show that a notice had been served on the petitioners. If that is the case, the impugned orders, as far as the petitioners are concerned, are to be set aside.

Therefore, these writ petitions are allowed in the following manner:

The impugned orders in these writ petitions, as far as the petitioners are concerned, alone are set aside.

I make it clear that this judgment will not stand in the way of the State Election Commission proceeding in accordance with law against the petitioners, if the Commission intends to do so. Sd/-

Exhibit P1 TRUE COPY OF THE RETURNS OF EXPENDITURE SUBMITTED BY THE PETITIONER BEFORE THE BLOCK DEVELOPMENT OFFICER FOR ANNAMMANADA

Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE ORDER DATED 23.08.2022 ISSUED BY THE COMMISSIONER, STATE ELECTION COMMISSION, THIRUVANANTHAPURAM

Exhibit P1 THE TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE NOTIFICATION NO. 2902 OF VOLUME XI DATED 27- 08-2022

Exhibit P2 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 31-10-2025

Exhibit P3 THE TRUE COPY OF THE RECEIPT NO. 1186838/25 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 31-10-2025

Exhibit-P1 . A TRUE COPY OF THE RELEVANT PAGES OF THE ORDER NO. B2-66-2022 ISSUED BY THE 1ST RESPONDENT DATED 23.08.2022 PUBLISHED IN THE GAZETTE

Exhibit-P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.10.2025 ALONG WITH THE ELECTION EXPENSES

Exhibit-P1 A TRUE COPY OF THE RELEVANT PAGES OF THE ORDER NO. B2-66-2022 ISSUED BY THE 1ST RESPONDENT DATED 23.08.2022 PUBLISHED IN THE GAZETTE

Exhibit-P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.10.2025 ALONG WITH HER ELECTION EXPENSES

Exhibit-P3 . A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 31.10.2025

Exhibit-P4 A TRUE COPY OF THE RECEIPT OF EXT-P3 ISSUED BY THE 3RD RESPONDENT DATED 31.10.2025

Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 20-01-2022 (NO. A2/6/2022-STATE ELECTION COMMISSION) ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT.

Exhibit P2 TRUE COPY OF THE SUBMISSION 09-02-2022 MADE BEFORE THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE RECEIPT DATED 09-02-2022 ISSUED BY THE 3RD RESPONDENT .

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 09-02-2022 SUBMITTED BEFORE THE FIRST RESPONDENT.

Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT DATED 10-02-2022 ISSUED ON SENDING EXHIBIT P4.

Exhibit P6 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 23-08-2022 (ORDER NO.B2-66-2022 STATE ELECTION COMMISSION(2)).

Exhibit P7 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 23-08-2022 (ORDER NO.B2-66-2022 STATE ELECTION COMMISSION(2)).

Exhibit P8 TRUE COPY OF THE PETITION DATED 15-10-2025 SUBMITTED BEFORE THE 2ND RESPONDENT THROUGH THE 3RD RESPONDENT .

Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 15-10-2025 (A 430-2025) ISSUED BY THE 3RD RESPONDENT TO THE FIRST RESPONDENT.

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER DATED 23.08.2022 ISSUED BY THE 1ST RESPONDENT DISQUALIFYING THE PETITIONER FROM CONTESTING THE ELECTION FOR 5 YEARS.

Exhibit P1 A TRUE COPY OF THE STATEMENT IN FORM N -30 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P2 A TRUE COPY OF THE REPRESENTATION BEFORE THE SECRETARY, STATE ELECTION COMMISSION DATED 03-11-2025

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE ORDER BEARING NO B2-66-2022 S.E.C(2) DATED 23-08-2022 ISSUED BY THE 2ND RESPONDENT

Exhibit p1 TRUE COPY OF ELECTION ID HAVING NUMBER WKT0342964

Exhibit P2 TRUE COPY OF ELECTION COMMISSION GAZETTED NOTIFICATION SHOWING DISQUALIFICATION DATED 23/08/2022 SERIAL NUMBER 5047

Exhibit p3 TRUE COPY OF NOMINATION FORM DATED 18 NOVEMBER 2025