Disqualified Members Of Anekal Town Municipal Council Approach Supreme Court Challenging High Court's Order Of Upholding Their Disqualification

The SLP assailing High Court's order dated May 30 and April 18 on Tuesday was listed before the vacation bench of Justices MR Shah and Aniruddha Bose.

When the matter was called for hearing, counsel for the members submitted that the impugned order was in ignorance of the judgement of Ashok Chavhan and Lakshmi.

"If the material has been submitted then disqualification cannot be issued," counsel further submitted.

Directing the counsel to place on record the impugned order, the bench adjourned the matter for June 7, 2022.

The members were disqualified on the ground that they had failed to lodge a true and correct account of electoral expenditure with the Returning Officer within 30 days.

Challenging the order of disqualification, they had approached the Karnataka High Court by way of a writ which was dismissed by the High Court.

While dismissing the writ, the bench on April 18, 2022 had said, "The principles of natural justice cannot be invoked as a mindless priest ritualistically chanting the mantra. Our legal sussed has evolved from the form of substance. Some prejudice because of violation of these principles has to be demonstrated after all the principles of natural justice are not immutable axioms. Even here, it is not shown as to how the impugned order would have been different, had the petitioners been heard in the matter by the State Election Commission, already the battle lines have been drawn up by the stand they have taken up in their reply to the notice"

Aggrieved with the dismissal of the writ, the members had approached the High Court by way of a writ appeal. However while upholding the dismissal, the bench of Justices Ashok S Kinagi and Ritu Raj Awasthi in their order dated May 30, 2022 said, "However, in the case of Balaji Vadav C.M. v. State Election Commission, Writ Petition No.26662/2013, decided on 13th July 2015, this Court has clearly held that once the law mandates a particular action to be taken by the State Election Commissioner, and once the law imposes a certain duty upon the elected candidate, the delay in submitting the election expenses cannot be condoned by this Court. Since the provisions of Section 16-B and Section 16-C of the Act is mandatory in nature, any deviation from the mandate of Section 16-B of the Act can be justified only under Section 16-C of the Act. The explanation offered by the appellants does not fulfil the requirement of Section 16-C of the Act."

Case Title: K Srinivas & Ors. v Karnataka State Election Commission| Diary No 17850 of 2022

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