Madras HC dismisses plea for poll cost recovery

The First Bench comprising Chief Justice Indira Banerjee and Justice M Sundar which dismissed the PIL in its order said, “It is true that unscrupulous candidates contesting elections should not be allowed to go scot-free when they disrupt elections and thereby cause huge wasteful expenditure to the state exchequer. However, this public interest litigation cannot be stretched to take over all acts of governance.”

Also, noting that in a country governed by a Constitution, of which separation of powers between the Legislatures, the Executive and the Judiciary is a basic feature, this court cannot take over legislative or executive functions, the bench said, “It is for the legislature to enact a law to provide for recovery of waste of public money caused by wrongful acts of contesting candidates. May be the Election Commission with its wide powers to ensure free and fair elections might make a recommendation for suitable enactment and/or amendment of law.”

“However, until such law is passed, this court cannot pass orders as prayed for and these writ petitions are dismissed,” the bench added.