New Delhi, Feb 10 The Supreme Court on Tuesday asked the Election Commission to treat a PIL as a representation and consider the suggestions for incorporating in its standard operating procedures (SOPs) on curbing excessive election expenditure.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and NV Anjaria observed that the court could not rely on third-party reports on excessive election expenditure as it was also contested by the poll panel.
It, however, said that the suggestions provided by petitioner Prabhakar Deshpande, an IIT graduate, were "worth consideration".
Deshpande, a chemical engineer, had sought directions for the poll panel to formulate a plan of action against erring candidates and to re-examine the cap on election expenses to ensure democratic credibility.
While the EC defended its existing oversight mechanisms, including the deployment of independent expenditure observers from the All India Services, the bench noted that the petitioner's grievances regarding the effectiveness of these measures were filed in the larger public interest.
"We have no reason to doubt the plea has been filed in larger public interest. The plea seeks the Election Commission to formulate a detailed policy to curb excessive election expenditure. The plea cited a report detailing such expenditure. The EC has filed a counter inter alia questioning the authenticity of the report," the bench noted in the order.
The bench noted that the poll panel has explained that expenditure observers and assistant expenditure observers are appointed.
"The EC has stated that such observers are members of All India Services or other autonomous bodies who are free from influence of contesting candidates," it added.
"We have no basis to rely on the centre for media studies report when the EC has countered the same. However, suggestions by the petitioner can be looked at by the Election Commission to curb electoral malpractices. We dispose of the plea with direction to the Election Commission to circulate the suggestions of the petitioner among its committee. If the committee finds any suggestion worthy of reliance then they may include the same in their SOP," the bench said.
It also permitted the petitioner to file additional suggestions if any in the case to the poll panel.
