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Supreme Court of India 2020-02-14 partly_allowed

Laxmibai vs Collector, Nanded & Ors

Bench: 3 — Arun Mishra, Deepak Gupta, Aniruddha Bose

In Brief

Laxmibai and others challenged disqualification orders passed for failing to submit election expense accounts within prescribed timeframes in panchayat elections. The High Court dismissed their petitions. The Supreme Court held that while the statute authorizes disqualification for this failure, it does not mandate a fixed five-year period. The Election Commission retains discretion to tailor disqualification periods based on the circumstances, including the nature of default and reasons for delay. The Court set aside the five-year disqualifications and remitted matters to the Collector for reconsideration with discretionary authority.

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Election Law Panchayat Elections Disqualification Administrative Law

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