Saket Gokhale Moves Meghalaya HC Seeking Action Against NPP For 'Not Filing' Election Expenditure Details For 2018 Assembly Poll

All-India Trinamool Congress Spokesperson Saket Gokhale has moved the Meghalaya High Court seeking action against the National People's Party (NPP) for not filing its election expenditure report within 75 days of the conduct of the State Assembly Elections 2018 and thereby, violating electoral rules framed after the order of the Apex Court.

Gokhale has also stated in his plea that the Election Commission of India and the Chief Electoral Officer, Meghalaya failed to take action against the NPP for violation of guidelines laid down by the Supreme Court of India as well as extant electoral rules by not filing its election expenditure report within 75 days of the conduct of State Elections in 2018. 

The plea submits that in furtherance of the Supreme Court's ruling in the case of Common Cause vs Union of India & Other (MR 1996 SC 3081), the Election Commission of India has prescribed Pro-forma in which political parties are required to submit, for the Commission's scrutiny, the statement of their election expenditure relating to each election to the Lok Sabha/State Legislative Assembly.

The plea also avers that the Election Commission, in October 2014, issued directions to all Chief Electoral Officers of all states citing guidelines that are required to be followed by all political parties with regard to submitting their election expenditure reports to the Election 4 Commission.

It may be noted that the 2018 Elections to the Meghalaya Assembly through a gazette notification on January 31, 2018, and the date of polling for the elections was February 27, 2018, and the date of counting i.e., the date of conclusion of polls was March 3, 2018.

Against this backdrop, the plea states that the last date for filing the election expenditure report for the Assembly Elections of Meghalaya was May 18, 2018, however, the NPP has not filed this election expenditure report to date despite the fact that the ECI issued 2 notices to the party in 2018.

The plea adds that in the 3rd and latest notice issued by Election Commission, the NPP was given the deadline of September 20, 2022, to file its election expenditure, despite that,  it failed to submit its election expenditure statement to the Election Commission of India to date.

"...by not filing its election expenditure statement for 4.5 years despite repeated notices, (NPP) has not only willfully disobeyed extant electoral rules with impunity but has also deprived the larger electorate of its "right to know" the details of financials of a political party in the context of elections," the plea states.

In view of this, Gokhale has also sought action against the Election Commission of India as it failed to take any action against the NPP despite the non-submission of the party's election expenditure statements.

"...the failure of Respondent 1 i.e., the Election Commission of India to take the prescribed action against the National Peoples Party for failing to file its election expenditure statement for Meghalaya Assembly Elections, 2018, for 4.5 years has resulted in special treatment for a single political party since enforcement of rules has been completely avoided," the plea submits.

It may be noted that Meghalaya is currently being ruled by the NPP-BJP Alliance Government headed by Conrad Kongkal Sangma who also happens to be the chairperson of NPP.