CHENNAI: The Madras High Court on Tuesday dismissed a petition praying for directions to the Election Commission of India for action to recover the election expenditures from candidates if they contest from more than one constituency, stating there is no provision in the law for such recovery.
The first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan dismissed the petition which was filed by K Mani, an advocate from Madurai.
“There is no provision empowering the ECI to direct the candidate contesting in two constituencies to deposit the election expenses in case he resigns from one constituency after winning from both or to direct the candidates to file separate affidavits to bear the expenses in the event of resigning,” the bench said.
It noted section 33 (7) of the Representation of People Act, 1951 permits contesting in two constituencies but it did not mandate recovery of expenditures in case of resignation in one constituency after winning both.
The petitioner said the government is forced to spend public money for holding elections to the particular constituency if a person resigns after winning two constituencies. He said a representation to ECI seeking action in this regard was submitted by him, but nothing has been done.
He sought the court to issue directions to the ECI to obtain a separate affidavit from such contestants that they are liable to pay the election expenditures incurred due to resignation.