Kochi: The Kerala High Court has held that candidates cannot be disqualified for failing to file election expense accounts without being issued a show-cause notice and given an opportunity to be heard.

Justice P V Kunhikrishnan delivered the ruling in a batch of writ petitions challenging disqualification orders issued under Section 33 of the Kerala Panchayat Raj Act, 1994. The petitioners, who had contested the 2020 local body elections, were disqualified for not submitting their election expense accounts within the prescribed time. They argued that the orders were passed without issuing notice or granting them a hearing.

Examining Section 33 of the Act and Rule 59 of the Kerala Panchayat Raj (Conduct of Election) Rules, 1995, the court noted that while the law empowers the State Election Commission (SEC) to disqualify candidates, the Rules prescribe a detailed procedure.

This includes submission of a report by the District Election Officer, preliminary scrutiny, issuance of a show-cause notice, an opportunity for the candidate to respond within 20 days, and consideration of the response before a final decision.

The court said this procedure is mandatory, not a mere formality, especially given that disqualification bars a candidate from contesting elections for five years. "Dilution of the procedure may create serious consequences for the affected parties," the court observed, stressing that strict compliance is required.

Noting that the SEC could not produce records to show that notice had been served on the petitioners, the court set aside the disqualification orders. It, however, granted liberty to the SEC to initiate fresh proceedings in accordance with the law.
(With LiveLaw inputs)