EC: No provision to recover expenses from aspirants for cancellation of poll

The submission was made in connection with the petition moved by PMK candidates of Aravakurichi and Thanjavur assembly constituencies to debar the DMK and AIADMK candidates of both these constituencies from contesting in any election until the expenses incurred by all other candidates were recovered from them as they were responsible for the elections being stopped. The elections to the Aravakurichi and Thanjavur segmens were cancelled due to alleged mass bribing of voters. 

Joint Chief Electoral Officer and joint secretary to government Ajay Yadav, submitted that “Though Article 324 is a reservoir of powers to the ECI, it is of the view that recovery of expenses for cancellation of elections cannot be made, the candidates whose names are stated to be mentioned, implying corrupt practices are not convicted as per law for such offences. 

In the circumstances it is submitted that the claim of the petitioners is not legally tenable.” 

However, he added that in the present case the election was rescinded and the question of election petition does not arise, still the said act may also amount to offences under the Indian Penal Code and offenders are liable to be prosecuted under the said provisions. 

The Joint Chief Electoral officers also noted that the ECI has already recommended to the government for amending the Cr.P.C  so as to make the offence of bribery in elections a cognizable offence and to make the punishment more stringent by providing two years imprisonment. 

In their counter affidavits, Senthil Balaji and M. Rengasamy, the AIADMK candidates of Aravakurichi and Thanjavur constituencies  respectively, submitted that the petitioners’ allegation that they had committed electoral offences were false and highly defamatory. They being member of the AIADMK party and the former having been a minister in State government, were well aware of their responsibilities and duties to the public and have not caused any loss nor committed any electoral offence. 

The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan before whom the counter affidavits were filed, posted the case to October 7.