ASHOK SHANKARRAO CHAVAN versus DR. MADHAVRAO KINHALKAR & ORS.

Citation: [2014] 14 S.C.R. 1227 · Decided: 05-05-2014 · Supreme Court of India · Bench: S.S. NIJJAR · Disposal: Dismissed

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Judgment (excerpt)

[2014] 14 S.C.R. 1227 
ASHOK SHANKARRAO CHAVAN 
v. 
DR. MADHAVRAO KINHALKAR & ORS. 
(Civil Appeal No. 5044 of 2014) 
MAY05, 2014 
' ' . [SURINDER SINGH NIJJAR AND 
FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] 
Representation of the People Act, 1951: 
• 
s. 1 OA -
Election expenses - Power of Election 
Commission to hold an enquiry to ascertain the correctness 
A 
B 
c 
or otherwise of the election expenses incurred by a returned 
candidate for the purpose of passing the order of 
disqualification - Held: Election Commission has got every 0 
jurisdiction to enquire into the complaint made before it as 
regards the incorrect and untrue statement of accounts of 
election expenses lodged by the candidate - After such 
enquiry, as he thinks fit, on being satisfied that no justification 
was shown for the failure to lodge the account, can pass an E 
order of disqualification as provided u/s.1 OA for a period of 
three years from the date of the order and publish such order 
in the official gazette - While discharging such onerous 
responsibility, every care should be taken by Election 
Commission to ensure that no prejudice is caused to the 
F 
contesting candidate - Conduct of Election Rules, 1961. 
s. 1 OA - Enquiry by Election Commission - Relevance 
of - Held: Requirement of an enquiry to be made by the 
Election Commission at the instance of the President of the 
country under Article 103 in the case of Members of G 
Parliament and under Article 192 by the Governor of the State 
in the case of Member of Legislative Assembly of the State, 
fortifies conclusion that even the President of the country and 
the Governor of a State can rely upon the report of the Election 
1227 
H 
. 
1228 
SUPREME COURT REPORTS 
[2014] 14 S.C.R. 
A Commission based on an enquiry before taking a decision 
under Article 103(2) and under Article 192(2) of the 
Constitution - Therefore, to call the Election Commission's 
responsibility before passing an order uls.10A only to see 
the form and not substance as canvassed by the appellant' 
B is a proposition too difficult to accept. 
s.10A - Power invested.with Election;Commission -
.-
,-.,'\,.u,·•1 
•.. .-~.,.,.,...,,· .. ~·,..._.; 
. 
Scope of - Held: Power invested with the constitutional 
authority such as Election Commission should not be a mere 
empty formality but an effective and stable one, in whom the 
C citizens of this country can repose faith and look upon to 
ensure that such unscrupulous efements and their attempts 
to enter into political administration of this vast country are 
scuttled. 
D 
s.10A - Right to inspect accounts lodged by the 
candidates - Held: Reading s.10A along with Rules 87 to 
90, in particular, the right conferred on any person to seek for 
inspection of the accounts submitted, is not merely to look 
into the details of the account- If based on the inspection, 
E made by a person under Rule 88 and the attested copies of 
such accounts disclose that the candidate concerned 
committed a very seriousillegality in the matter of submission 
of account of election expenses,' it must be stated that such 
a person will have every right to bring it to the notice of the 
F Election Commission for taking appropriate legal recourse 
available to that person under'the Act - Once any such 
·misfeasance in the submission of account of election 
expe17ses is brought to the notice of Election Commission, 
thereafter it would be for the Election Commission to set the 
G process in motion for deciding the issue as contemplated in 
s._10A of the Act- Conduct of Election Rules, 1961-rr.87 to 
90. 
H 
s. 1 OA - Purpose of enquiry- Held: The enquiry to be 
held u/s.10A is not to examine any allegation of corrupt 
ASHOK SHANKARRAO CHAVAN v. DR. MADHAVRAO 
1229 
KINHALKAR 
practice falling uls. 123 of the Act -
The only area of A 
examination to be made in an enquiry u/s. 1 OA is with regard 
to the lodging of the account of election expenses and 
whether such lodgment was done in the manner and as 
required by or under the Act - In the second place, when 
~uch an enquiry is held, the scope would be as contained in B 
s. 77(1) and (3) as well ass. 78- The enquiry u/s.10A would 
be more or less of a civil nature and therefore, the principles 
of preponderance of probabilities alone would apply and even 
after the order of disqualification, if any, is passed u/s. 1 OA, 
after following the requirement of issuance of show cause c 
notice, receipt of reply, etc., there is a further remedy 
ava

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