Accepting excuses from elected representatives of municipalities that they were unable to submit accounts of election expenditure within the timeframe as they were busy attending to problems of electors or are not much aware of the law on submitting accounts would “lay a very bad precedent with abundant potential for abuse,” the High Court of Karnataka observed.
“...Ignorance of law is no excuse. This age-old norm obtaining in all civilized jurisdictions applies equally if not more to the elected representatives, as the trustees of public offices. An argument to the contrary cannot be sustained on any count,” the court said.
Justice Krishna S. Dixit passed the order while upholding the State Election Commission’s decision disqualifying three members of Anekal Municipality of Bengaluru urban district.
Petitioners K. Srinivas, S. Lalitha, and Hemalatha C.K. were disqualified on November 15, 2021, for failing to submit accounts of expenditure within 30 days from declaration of results as per the Section 16C of the Karnataka Municipalities Act, 1964.
“Regulating election expenditure is the first step toward combating corruption. It is in this light that the obligation to file accounts of electoral expenditure as enacted by law needs to be scrupulously complied with, failing which its very purpose would be defeated. It is also for the preservation of purity and probity of elections and maintenance of public trust,” the court observed.
Noticing that other elected members have not defaulted, quoting similar grounds, the court said that the reason given by the petitioners that they were busy attending the problems of electors “cannot be said to be plausible and unreasonable to say the least.”
“In matters like this, no leniency is admissible, and an argument to the contrary offends the policy content of the provision. Therefore, such an explanation hardly constitutes a ground for the condonation of lapse,” the court said.
