The bench asked authorities to file an affidavit before next date of hearing, November 14.
The Delhi High Court on Monday agreed to examine a provision of law that allegedly “discriminates” on capping of expenses incurred by independent nominee in comparison to candidates of a national or regional political party.
“As per the Act, there was no limit on the campaign expenditure for the candidates of political parties, while there was no such benefit for an Independent nominee,” the plea claimed. To this, a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar observed that it is an important issue and needs to be examined.
The bench issued notice to the Ministry of Law and Justice and the EC and sought to know their stand on the plea by advocate and social activist Amit Sahni, who has sought that Section 77 (account of election expenses and maximum thereof) of the Representation of the People Act be struck down.
The bench asked authorities to file an affidavit before next date of hearing, November 14.
The Delhi-based advocate claims that the Act provides special privilege and benefits to candidates contesting elections from the ticket of national or regional political parties in comparison to Independent candidate. Sahni argued that the object of the RP Act was to curb the illegal practice of spending money during polls and not to give an advantage to political parties over those not affiliated to any outfit.
The PIL sought direction to declare as ultra vires the said section, which provided that the expenditure incurred by leaders of national or regional political parties, while campaigning for a candidate, should not be considered as expenditure of such a nominee.
It alleged that the provision was “arbitrary”, as it distinguished between a person contesting elections on the symbol of a political party and an Independent, thus denying the latter a level-playing field.
“The Election Commission of India cannot pass any order setting aside the infirmity created by section 77 of the RP Act, 1951, as the Act itself created the said inequality by giving an edge to political parties over Independent candidates,” the plea stated.