SC dismisses plea for election expense limits, citing legislative jurisdiction

SC dismisses plea for election expense limits, citing legislative jurisdiction

In a recent development, the Supreme Court of India has rejected a petition aimed at securing an order to impose limits on expenses incurred by political parties and candidates during elections. The bench, led by Chief Justice D Y Chandrachud, maintained that such matters fall within the realm of legislative policy.

The petition, filed by an individual from Haryana, sought various directives, including the determination of limits on election-related expenditures, restrictions on spending for materials disseminated before nominations, and an assessment of costs associated with rallies during the nomination process.

Chief Justice Chandrachud, along with Justices J B Pardiwala and Manoj Misra, emphasized that these issues are fundamentally tied to legislative policy. The bench stated, "These are all issues pertaining to legislative changes or policy matters. How can we consider a petition of this nature?"

Additionally, the plea urged all high courts to resolve election petitions within a specified timeframe of six months. However, the Supreme Court bench dismissed this aspect as well, noting, "These are not matters on which we can merely give directions. There is already a law…"

The petitioner argued that there was no existing limit on the expenditure by political parties, citing section 86 of the Representation of the People Act, 1951, which deals with the trial of election petitions. However, the bench promptly responded with a dismissal, asserting, "Dismissed. These are all matters of policy."

Chief Justice Chandrachud emphasized that the absence of expenditure limits is a subject for legislative change, stating, "That is a matter of legislative change. We can't command Parliament that you shall enact a law on this subject."

 

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