Madras High Court
B.Ramamoorthy vs 5 K.C.Veeramani on 14 July, 2021
W.P.No.14260 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.14260 of 2021
B.Ramamoorthy .. Petitioner
Vs
1 The Chief Election Commission of India
Nirvachan Sadan, Ashoka Road
New Delhi - 110 001.
2 The Chief Election Officer
Principal Secretary, Secretary to Government
Government of Tamilnadu
Fort St George
Chennai - 600 009.
3 The District Election Officer
District Collector
Office of the District Collectorate
Thiruppatthur District.
4 The Returning Officer
Jolarpet Constituency
Jolarpet, Thiruppatthur District.
5 K.C.Veeramani .. Respondents
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W.P.No.14260 of 2021
Prayer: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a writ of certiorarified mandamus to call for the
records on the file of the 4th respondent in connection with the
letter Na.Ka.B2/1575/2021 dated 26.05.2021 and quash the same
as illegal, non-application of mind and perverse and consequently
direct the 4th respondent to file a complaint of the petitioner dated
03.04.2021 before the competent Judicial Magistrate having
jurisdiction against the 5th respondent under Section 125A of the
Representation of the People Act read with Section 177 of I.P.C.
read with Section 195 Cr.P.C.
For Petitioner : Mr.P.C.Harikumar
For Respondents : Mr.G.Rajagopalan
Senior Counsel
for M/s.G.R.Associates
for respondents 1 to 4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
This petition was taken up on July 12, 2021 and an order
passed. However, the matter was mentioned on behalf of the
Election Commission of India at the end of court proceedings on
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W.P.No.14260 of 2021
July 12, 2021, indicating that a mistaken submission had been
made on behalf of the Commission. Accordingly, the order that was
pronounced was not signed and the matter was directed to appear
today, upon notice to the petitioner.
2. The petitioner claims to be an ordinary citizen and asserts
that one of the respondents, K.C.Veeramani, who was a candidate
at the Jolarpet constituency in the Assembly elections conducted in
the State in April, had furnished false information with knowledge
and reason to believe that such information was false. The
petitioner further alleges that the said candidate also concealed
material information in course of filing his nomination papers and
the affidavits accompanying the same.
3. Veeramani has lost the election. As a consequence, no
election petition can be instituted since the allegation is not against
the successful candidate. In any event, it is unlikely that any person
– even a voter in the relevant constituency – can challenge the
election result pertaining to the constituency. Ordinarily, only a
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W.P.No.14260 of 2021
failed candidate may take up cudgels on cogent grounds; and, that
too only against the successful candidate.
4. The petitioner had made a written representation furnishing
details of how the concerned candidate furnished false information
and concealed other material information in course of filing his
nomination papers and the attendant documents. The Election
Commission has dealt with the representation by leaving the
petitioner free to lodge a complaint or institute criminal
proceedings, if the petitioner was so advised.
5. When the matter was taken up on July 12, 2021, it was
submitted on behalf of the Election Commission that in terms of a
circular prevailing from the year 1966, the Election Commission
would not institute criminal action in respect of the matters
complained of by the petitioner and it would be open to the person
who perceived any wrong to have been committed to pursue the
matter in accordance with law.
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W.P.No.14260 of 2021
6. Such submission on behalf of the Election Commission
necessitated the Court to observe on July 12, 2021 that it was
disturbing that the Election Commission would take no action even
when it was brought to the notice of such Commission that a
candidate had furnished false information or filed a false affidavit or
had concealed material information, when such candidate was
obliged to truthfully make the fullest disclosure.
7. It appeared to be an anomaly to this court that the
constitutional watchdog, exclusively tasked with the job of
overseeing Parliamentary and Assembly elections, would turn a
blind eye to allegations of false declarations or false affidavits filed
before it by a candidate contesting such an election. It seemed
completely inappropriate to the Court that the Election Commission
would take no steps to ensure the purity and sanctity of the election
process or attempt to bring about transparency in how elections
were funded.
8. It is now submitted on behalf of the Election Commission
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W.P.No.14260 of 2021
that in terms of a more recent circular of September 16, 2020,
when anomalies in affidavits filed by a candidate are brought to the
notice of the Commission, the Commission would "take cognizance
of complaints, which indicate serious omission/commission on the
part of the candidate, and refer such matters to the relevant
investigating authorities on a case-to-case basis."
9. At a Parliamentary or Assembly election, every candidate at
every constituency has to file an affidavit in Form 26 along with the
nomination papers. Such affidavit, inter alia, requires the candidate
to disclose information pertaining to the candidate's criminal
antecedents; assets and liabilities; and, educational qualifications.
Section 125-A of the Representation of the People Act, 1951, which
was inserted by way of an amendment to the statute in 2002,
makes the failure to furnish the information required under Section
33-A of the Act punishable. The provision also mandates that
candidates furnishing false information knowing or having reason to
believe the same to be false and candidates concealing any
information otherwise required to be furnished may be punished
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W.P.No.14260 of 2021
with imprisonment for a term which may extend to six months, or
with fine, or with both.
10. It is common knowledge that contesting an election is an
expensive proposition and the clandestine funding of elections is
seen by many experts as the fundamental cause for the industry of
corruption that is perceived to prevail in the country. Though limits
as to spending may be fixed by the Election Commission, such limits
may not be realistic and it is the bounden duty of the constitutional
watchdog to ensure that if limits are prescribed, they are adhered
to; or realistic limits are set, and spending by candidates is confined
to such limits, with a close scrutiny of the accounts being
undertaken. Greater judicial notice may be necessary for electoral
reforms and cleansing the system to rid it of the perceived large-
scale involvement of black money therein.
11. Indeed, a press note of June 16, 2020 issued by the
Election Commission refers to the leading Supreme Court
judgments instructing that the voter must have relevant information
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W.P.No.14260 of 2021
and that false or incomplete information undermines the rights of
voters to be fully informed of their political representatives. It is
heartening to note that in the press release, the Commission has
indicated its decision "to robustly address this challenge to further
ensure free, fair and ethical elections in the country."
12. In the light of the present submission of the Election
Commission that it will consider the petitioner's representation
afresh, the petition may be disposed of at the receiving stage.
13. It is necessary that the Election Commission devises a
procedure for dealing with complaints of the present kind. Ideally,
a notice should be issued to the relevant candidate and his
explanation sought and the matter closed by a reasoned order if the
explanation is found suitable or satisfactory. If, however, the
explanation is found unsatisfactory, the Election Commission should
pursue the matter with full rigour, irrespective of the political
allegiance of the relevant candidate.
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W.P.No.14260 of 2021
14. W.P.No.14260 of 2021 is disposed of. There will be no
order as to costs.
(S.B., CJ.) (S.K.R., J.)
14.07.2021
Index : Yes
sasi
To
1 The Chief Election Commission of India
Nirvachan Sadan, Ashoka Road
New Delhi - 110 001.
2 The Chief Election Officer
Principal Secretary, Secretary to Government
Government of Tamilnadu
Fort St George
Chennai - 600 009.
3 The District Election Officer
District Collector
Office of the District Collectorate
Thiruppatthur District.
4 The Returning Officer
Jolarpet Constituency
Jolarpet, Thiruppatthur District.
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W.P.No.14260 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(sasi)
W.P.No.14260 of 2021
14.07.2021
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