HC Asks EC To Expeditiously Decide Complaint Against Madhya Pradesh MLA For Concealing Poll Expenses

New Delhi: The Delhi High Court Tuesday asked the Election Commission of India (ECI) to expeditiously decide the complaint filed by Congress candidate Abhay Mishra seeking disqualification of BJP MLA Rajendra Shukla for allegedly incurring expenses in campaigning for the 2018 assembly polls in Madhya Pradesh beyond the permissible limit and not furnishing correct expenditure figure. Justice Jayant Nath recorded the statement for the ECI counsel that the commission will expeditiously deal with the complaint which was filed in January this year.

In view of the statement made by counsel for respondent no. 1 (ECI), the commission is requested to dispose of the complaint of petitioner (Mishra) expeditiously as per law, the high court said. BJP’s Rajendra Shukla had won from the Rewa constituency in the 2018 Legislative Assembly elections in Madhya Pradesh defeating Congress’ Abhay Mishra.

Advocate Varun K Chopra, appearing for Mishra, submitted that ECI acts as an exclusive adjudicating body under Section 10A of the Representation of People Act, 1951 to adjudicate cases of disqualification on account of failure to furnish true and correct expenditure incurred by a candidate. He said the commission has failed to consider the complaint filed by Mishra on January 17, in which blatant violations of various provisions of RP Act have been disclosed along with proof.

He added that around nine months have passed since the date of filing of the complaint but the commission has not yet considered it. Advocate Suruchi Suri, representing the ECI, submitted that there was some delay due to the ongoing pandemic and they will decide the complaint expeditiously.

Mishra, in his plea, said Rule 90 of the Conduct of Election Rules presently prescribes a maximum limit of Rs 28 lakh on such election expenses and section 10A of the RP act provides for disqualification of a candidate for failure to lodge account of election expenses. He said on December 11, 2018, Shukla was declared the returned candidate after having secured 69,806 votes in the MP polls for Rewa constituency. Mishra said Shukla had disclosed an expenditure of Rs 19.86 lakh in the affidavit, allegedly concealing the actual expenses incurred by him.

He alleged that during the campaigning phase, Shukla had spent “unrestrained amounts of money on various public meetings and arrangements and blatantly exceeding the maximum limit on election expenses. He also claimed that professional videos were made for promotion and circulation on social media and even hoardings and banners were placed on public property in and around Rewa, which led to huge expenses being incurred by Shukla.

On January 17, 2020, after gathering pertinent data and information from various sources, the petitioner submitted a comprehensive and detailed complaint to the respondent no. 1 seeking disqualification of the respondent no. 2 under Section 10A read with Section 77 of the Representation of People Act, 1951. However, despite repeated follow-ups and reminders the respondent has not considered / taken up the petitioner’s complaint, the petition said.

It said Mishra has filed the petition in Delhi as ECI, which is the adjudicating authority, is situated here.

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