High CourtsDivision Bench(1999) 08 AP CK 0123

Madavi Raju vs Election Commission of India and Another

Andhra Pradesh High Court · Decided on 18 August 1999 · Citation: (1999) 5 ALT 510

HON’BLE JUDGES
V. Eswaraiah, J · B. Subhashan Reddy, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 17338 of 1999

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Judgment

4 paragraphs · 179 words

B. Subhashan Reddy, J.—This writ petition has been filed questioning the order dt. 8-12-1997 passed by the 1st respondent disqualifying the petitioner from contesting the Assembly Elections, in exercise of the powers u/s 10-A of the Representation of the People Act, 1951 for a period of 3 years for not furnishing the election expenditure incurred by him in the General Elections to the Legislative Assembly held in the year 1994.

2.

Firstly, the writ petition is liable to be dismissed for the laches as it is since 20 months the impugned order has been passed and the petitioner is coming to the Court only on the eve of filing nominations for the Legislative Assembly Elections-1999 and in fact on the verge of expiry of time for filing nominations and there is no explanation for the delay. Secondly, the question of not furnishing election expenditure is a pure question of fact and is not amenable for judicial review in writ jurisdiction. There are no merits in this case.

3.

The writ petition is, therefore, dismissed at the admission stage.

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