Intervention Application in SLP(C) 29882 of 2011
Ashok Chavan, Election Commission’s power to check correctness of accounts of candidate
Common Cause made an application to intervene in the Special Leave Petition (C) 29882/2011. The issue raised by the IA concerns one of the critical aspects of electoral reforms, i.e. curbing the undue influence of money power in the elections. It was contended that in order to curb the growing influence of money power in the elections, Parliament has empowered the Election Commission of India under Section 10 A of the Representation of People Act, 1951 to examine the correctness or truthfulness of the accounts of election expenses filed by the candidates. Where the account filed by a candidate is found after an inquiry under Rule 89 of the said Act to be incorrect or untrue, the Election Commission is competent to hold that the candidate has failed to lodge his account within the meaning of Section 10 A of the Act, rendering the said candidate liable to be disqualified. The IA was filed to ensure that the institution of the Election Commission of India retains the plenitude of its power and authority to safeguard the purity and integrity of the electoral process.
The Supreme Court, in its judgement dated May 5, 2014 upheld the finding of the Election Commission disqualifying the appellant, Mr. Ashok Chavan, for a period of three years.