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This is an archive article published on March 2, 2004

Expose those who didn’t pay bills: HC to EC

Brushing aside the contention that heavy expenditure would be involved in publicising names of MPs who have still not cleared their telephon...

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Brushing aside the contention that heavy expenditure would be involved in publicising names of MPs who have still not cleared their telephone, electricity, water, accommodation and helicopter bills, Delhi High Court today directed the Election Commission to give it ‘‘full publicity’’ to ‘‘inform the voters’’.

‘‘When so much can be spent on feel good, why can’t it be spent on informing the voters,’’ observed the division bench of Chief Justice B C Patel and Justice B D Ahmed.

The EC, which announced the Lok Sabha poll schedule yesterday, was directed to publish the names of defaulters in at least two local dailies and seek affidavits from poll candidates on their dues towards public facilities.

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The bench also issued notices to Lok Sabha and Rajya Sabha secretary generals on why the dues of MPs had not been deducted from their salaries, allowances and pension.

The court made it clear that authorities can take appropriate steps to recover the dues.

These directions were issued when the court was hearing a public interest litigation by an NGO Krishak Bharat, seeking direction to the NDMC, MTNL and ITDC to take immediate action and recover dues outstanding from politicians.

The EC had issued a circular requiring candidates for Assembly polls in December to produce no-dues certificates from public utilities at the time of filing of nomination papers but it later withdrew the circular.

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The EC was asked by the bench why it had withdrawn the circular. The court had also directed MTNL, ITDC to file affidavits, providing details on dues from politicians and political parties.

The bench said it was imperative for voters to be informed about their candidates. Citing a Supreme Court judgment on PUCL versus EC, the bench said: ‘‘An informed voter is the fountainhead of democracy.’’

The court said it was incumbent upon the EC to inform the public about the adverse antecedents of candidates. The EC, the bench observed, cannot pass on its responsibility to the media.

The MTNL informed the court that Rs 11.18 crore was due as telephone arrears from from 656 MPs.

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The NDMC informed the court that the amount due from parliamentarians for electricity and water consumed totalled Rs 6.5 crore.

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