Author: Bharti Jain & Pradeep Thakur
Publication: The Times of India
Date: November 2, 2013
URL: http://timesofindia.indiatimes.com/india/Mandi-MP-likely-to-get-EC-notice-for-breach-of-poll-expense-ceiling/articleshow/25083949.cms

The Election Commission (EC) is set to issue a notice to Mandi MP Pratibha Singh, wife of Himachal Pradesh chief minister Virbhadra Singh, for spending more than the Rs 40 lakh poll expenditure ceiling on her campaign for the June 2013 by-election. According to EC sources, she could face disqualification under Section 10A of the Representation of People's Act (RPA) for "failing to lodge a true and correct account of her poll expenses...in the manner prescribed".

 Under Section 10A of the RPA, a candidate who fails to lodge a true account of h/his poll expenses with the EC, and has no good reason or justification for such failure, can be declared as disqualified. S/he would remain disqualified from contesting polls for three years from the date of the disqualification order.

 An EC official confirmed that the statement of poll expenditure filed by Singh under Section 78 of the RPA was at variance with the report of the expenditure observer deployed for the bypoll. According to the observer's report and returning officer, the Mandi MP had breached the individual poll expense ceiling while campaigning for the by-poll, which did not reflect in the account she later filed with the EC.

 "We have received a report from the state election authorities pointing to the overspending by Pratibha Singh. The EC will soon consider the matter and, in all likelihood, issue her a show-cause notice," a poll panel official told TOI. The notice will ask Singh why action should not be taken against her under Rule 90 of the Conduct of Election Rules 1961, and disqualification proceedings initiated for violating Section 77 and 78 of the RPA.

 Going by the experience in all such cases, one can expect the Mandi MP to contest the expenditure observer's report and delink from the "extra expenditure" recorded by him. The EC will also hold a hearing, giving an opportunity to Singh to clarify her position and justify the "understated" poll expenditure.

 If the EC orders her disqualification, the MP can file an appeal to the high court.