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A Supreme Court bench of Justices MR Shah and Aniruddha Bose today issued notice in the plea filed by councillors of Anekal town council challenging their disqualification. The State election commission disqualified them for not sharing details of election expenditure.

The councillors had filed a writ before Karnataka High Court challenging the order dated November 15, 2021 passed by Karnataka State Election Commission under section 16C of the Karnataka Municipalities Act, 1964 disqualifying the councillors from Town Municipal Council, Anekal for a period of three years. These councillors were elected to the municipal body in 2019.

It was argued before the Karnataka High Court that the order of disqualification was passed by SEC despite councillors having sent a reply to the notice of the election commission and disclosing their expenditure. Justice Krishna Dixit while dismissing their plea had held, “The principles of natural justice cannot be invoked as a mindless priest ritualistically chanting the mantra.”

Then, a Division Bench of Karnataka High Court headed by Chief Justice Ritu Raj Awasthi also dismissed the plea on the ground that the councillors were bound to submit the list of election expenses before the SEC within 30 days from the date of declaration of the election. The court held that the councillors had failed to do so and they had not shown any good reasons or justification for the same.

When the matter came up before the Supreme Court today, Vibha Datta Makhija, Sr. Adv, submitted that a show cause notice was served upon the councillors on January 27, 2020. She argued that within a period of two days they submitted their representation along with a statement of expenditure.

Makhija submitted that despite the above, the SEC had passed an order disqualifying them on the basis of a report by the Deputy Commissioner, Bengaluru (Urban)  that even though notice had been issued they have not submitted expenditure or any explanation.

It was argued that the entire order is on the premise that the petitioners did not reply to SEC or make any representation as provided under Rule 22(C) (6) of the Karnataka Municipalities (Election of Councillors) rules 1977. Makhija argued that the aforesaid aspect was not considered by the Single judge bench or the division bench of the high court.

Court, on hearing the submissions, issued notice in the case and made it clear that the present order shall be confined to the petitioners only. Court will now hear the plea on June 15, 2022.

Case title: K.Srinivas Vs Karnataka State Election Commission