Can’t disqualify a poll candidate without proper hearing: Kerala HC

Kochi: High court has held that an election candidate cannot be disqualified for failure to lodge an account of election expenses without first being issued a show-cause notice and given an opportunity to be heard.The bench of Justice P V Kunhikrishnan further asserted that the State Election Commission (SEC) must ensure that the notice is duly served and that the candidate's version is considered before passing an order of disqualification. HC was considering a batch of petitions filed by Dhanya Devadas of Annamanada in Thrissur and seven others, who were disqualified by SEC for failure to submit details of election expenses after contesting in the 2020 elections to the local self-govt institutions in Kerala.The petitioners challenged SEC's order disqualifying them under Section 33 of Kerala Panchayat Raj Act, 1994, on the ground that it was passed without affording them an opportunity of being heard and without issuing a show-cause notice. HC observed that Rule 59 of Kerala Panchayat Raj (Conduct of Election) Rules mandates the issuance of a show-cause notice to the candidate as to why they should not be disqualified.HC also stated that SEC must strictly follow the procedures laid down in the Act and Rules. Any dilution of these procedures may lead to serious consequences for the affected parties. HC emphasised that issuing a mandatory notice to the person concerned is essential before deciding on disqualification. Accordingly, HC allowed the petitions and set aside SEC orders disqualifying the petitioners. However, HC clarified that its decision would not prevent SEC from proceeding against the petitioners in accordance with law, if it so chooses.