Stages of election generally begin with candidates purchasing nomination form, its submission and its validation by the returning officer and/or even with purchase of voters’ list before nomination, the bench noted. The judges then referred to the new trend in politics, wherein candidates even before filing nomination carry out huge roadshows or rallies.
“The recent trend of candidates has been to declare and publicize their candidature with much fanfare, submitting nomination forms by a procession, with bands, road-show, putting cut outs, advertisements, celebrating the same etc. even before submission, scrutiny, and validation of their nomination,” the judges observed.
“Naturally, a lot of expenditure is involved in all this. On many occasions, candidates indulged in filing multiple nomination forms with a view to see that their candidature is not blocked or side lined or held up on account of defect or deficiency in a form and at least one of the nomination forms would make them survive to stand in the fray,” the judges pointed out.
The bench further said that with such preparations, candidates in elections on many occasions make substantial arrangements for campaigning offices, grounds, advertising, payments to workers, securing voters’ lists etc, even before the date of finalization of nomination which indeed involves expenditure.
“It would not be that expenses for election would be only when there would be a contest in the elections. It, thus, cannot be said in all the cases that, there would be no election expenses in contest free or unopposed elections and candidates getting elected unopposed, would stand exempted from tendering election expenses,” the judges ruled.
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