Ajay Kumar Dohar Vs. State of Madhya Pradesh and others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 648 of 2017, Judgment Date: Nov 09, 2017

Law laid down -
The removal or disqualification of an elected representative has serious repercussion, therefore, elected representative must not be removed unless a clear-cut case is made out.
The requirement of furnishing of election expenses is a step to ensure proper maintenance of accounts. Such condition is only a procedure to achieve the said object, thus, not a mandatory condition. The technicality of non-opening of bank account for incurring the  election expenses through the bank account cannot be a ground to disqualify a candidate particularly when the election expenses have been duly furnished and have not been commented upon adversely by the Commission.
The Wednesbury principle of reasonableness and the law laid down by the Supreme Court in the case of Chief Executive Officer, Krishna District Coop. Central Bank Ltd. v. K. Hanumantha Rao, (2017) 2 SCC 528 followed in the context of period of disqualification.

Ajay Kumar Dohar Vs. State of Madhya Pradesh and others