Sat. Nov 28th, 2020

Dr. Narottam Mishra vs Election Commission Of India And … on 18 May, 2018

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LPA 480/2017 Page 1 of 80
Brief Facts:

2. Dr. Mishra is a five times elected Member of the Madhya Pradesh
Legislative Assembly in the years 1990, 1998, 2003, 2008 and 2013 and has
been Minister in the State Government since 2005. He was re-elected as an
MLA in the 2013 election, is the Cabinet Minister for Parliamentary Affairs,
Water Resources and Public Relations. In November 2008, elections for the
Madhya Pradesh (MP) Legislative Assembly were held – including for
constituency No.22 of Datia. The limit for expenditure for this election was
`10 lakhs. Dr. Mishra, who contested on the ticket of the Bharatiya Janata
Party (“BJP” hereafter), was declared the winning candidate. He had
disclosed an expenditure of `2,40,827/- as required by Section 77 of the
Representation of the People Act, 1951 (hereafter, also the “RP Act” or the
“Act”). On 13.04.2009 the third respondent (Rajendra Bharti hereafter
“Shri Bharti”) filed a complaint with the Election Commission of India
alleging that Dr. Mishra, during the elections held in 2008 had published
certain news advertisements for `4,79,860/- and did not disclose the same in
their expenditure incurred as required under Section 77 of the RPAct, 1951.
On 24.07.2009, the EC directed the Chief Electoral Officer (“CEO”) of
Madhya Pradesh to inquire into the allegations of Respondent No.3 and
submit a report. Subsequently, on 12.08.2009, the EC received a report from
the CEO that all election expenditure incurred by Dr. Mishra was accounted
for as provided in law and disclosed within time. The CEO endorsed the
expenditure of `2,40,827/- as correct.

Source: Indian Kanoon

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