The Election Commission of India on Monday informed the Madras High Court that it has already recommended to the Union government amending the Criminal Procedural Code (Cr.P.C) to make bribery in elections a cognisable offence and to increase imprisonment up to two years.
‘No provision’
Joint Chief Electoral Officer Ajay Yadav made the submission before the First Bench of Chief Justice S.K. Kaul and R. Mahadevan. However, the Commission categorically said, “There is no provision authorising it to recover the expenditure incurred in conduct of election from candidates or any other person either under the Constitution or under the Representation of People Act.”
The Commission made the submissions on pleas moved by M. Baskaran and G. Kunjithapatham, both PMK candidates of Aravakurichi and Thanjavur Assembly constituencies respectively.
They sought directions to debar the DMK and AIADMK candidates of Aravakurichi and AIADMK candidate of Thanjavur, from contesting any election till the expenses for conducting elections to the constituencies were recovered from them.
In May 2016, the ECI cancelled elections to the two constituencies due to allegations of mass bribing of voters.
In separate counter affidavits filed by Senthil Balaji and M.Rengasamy, the AIADMK candidates of Aravakurichi and Thanjavur constituencies submitted that the allegation that they had committed electoral offences was false and highly defamatory. Recording the submissions, the Bench posted the pleas to October 7, further hearing.
Plea seeks to debar DMK, AIADMK candidates till expenses are recovered
