Not Maintaining Proper Accounts Of Election Expenditure Not 'Corrupt Practice' Under RP Act: Delhi HC Rejects Plea Against AAP Candidate
1 month, 3 weeks ago

Not Maintaining Proper Accounts Of Election Expenditure Not 'Corrupt Practice' Under RP Act: Delhi HC Rejects Plea Against AAP Candidate

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The Delhi High Court has ruled that a candidate not maintaining proper accounts of election expenditure or not accurately disclosing the expenditure undertaken by him does not constitute “corrupt practice” under Section 123 of Representation of People Act, 1951. Justice Mini Pushkarna dismissed the election petition filed by one Ramesh Kumar Khatri challenging the victory of AAP candidate Durgesh Pathak in the Delhi Assembly by-election, 2022, from Rajendra Nagar assembly constituency. Dismissing the plea, the Court said that even if the allegations made by Khatri were taken to be prima facie correct, they would not constitute a ground for countermanding Pathak's election under Section 100 of the RP Act. The Court said that there was no averment in Khatri's election petition that Pathak had spent an amount exceeding the prescribed limit for election or that the result of the election was materially affected by the latter's failure to give true and correct accounts of the expenditure.

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