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disqualification of election candidate

(Querist) 01 November 2014 This query is : Resolved 
Can a candidate be disqualified if its official vehicle is caught with 50lakhs cash? At the time of seizure a letter from the treasurer of the party was produced simply mentioned that the person in possession of this letter has 50lakh cash which has been withdrawn from a cooperative bank and another letter from the bank mentioning the amount and the check number through which the cash was withdrawn.
CaN candidate have such amount of cash during elections with out having any official papers mentioning the end use of the cash?
Anirudh (Expert) 01 November 2014
There is no law, which prohibits a person, whether a candidate or not, to have cash in his possession, so long as he is in a position to explain the source (in this case withdrawal from the bank). If the actual end use is wrong and if it could be established then and then alone any action can be taken against him and not prior to that.
saurabh (Querist) 01 November 2014
according to the election commission a candidate cannot carry cash more than Rs50,000/-. The complete expense of elections allowed is 28lakhs and all transactions should be carried trough the official bank account and cash transaction of not more than Rs20,000/- is allowed. So when cash amounting to 50lakhs is found in the official car of the candidate during the election period, is this not illegal?
Anirudh (Expert) 01 November 2014
If you feel that it is illegal, better inform the police, election observer and the election commission authorities immediately. They will examine the matter and take appropriate action.
saurabh (Querist) 01 November 2014
Sir,the police have seized the money and a FIR has been registered. I wanted to know if there can be disqualification in such cases.
Thank you sir for your time and reply.
saurabh (Querist) 01 November 2014
Sir,the police have seized the money and a FIR has been registered. I wanted to know if there can be disqualification in such cases.
Thank you sir for your time and reply.
Anirudh (Expert) 01 November 2014
It will depend upon the outcome of the enquiry.
Guest (Expert) 01 November 2014
Mr. Saurabh,

Is it your own problem? If not any purpose of asking such a query? Let the candidate, the police, the EC and the IT department deal with that as per the provisions of law.
Guest (Expert) 01 November 2014
Mr. Anirudh,

This is not problem of the querist, as according to his profile, he is an apprentice (not election candidate) in any organisation. There can be no end to his supplementary queries, as querists usually tend to waste time of the answering expert by raising several supplementary queries on reply to any query of academic nature.
ajay sethi (Expert) 01 November 2014
academic query . let election commission take action against the candidate
Rajendra K Goyal (Expert) 01 November 2014
Academic query.
Sudhir Kumar, Advocate (Expert) 01 November 2014
better read code conduct on the website of election commission and come with doubt, if any on interpretation of law.
Anirudh (Expert) 01 November 2014
Dear Mr Dhingra,
OK. I agree with your views.
saurabh (Querist) 01 November 2014
Sir, this is a personal query as my brother is a candidate and we are going put a election petition regarding this. According to the election commission website
1.A member of the party or a star campaigner if carries cash amounting to more than 10lakhs he should posses a letter from his party treasurer mentioning the amount of cash and the end use of the cash (in this case though there was a letter but it did not mention the end use of huge amount of cash, also the letter just vaguely said the person in possession of this letter has X amount of cash without mentioning any specific name)
2.the entire expense of election cannot be more than 28lakhs ( so the amount of cash seized is far more than the permitted limit of election expenditure)
3.A candidate cannot have cash more than 50,000/- with him.
4. Cash payment of not more than 20,000/- is allowed.
5. All transactions of more than 20,000/- should take through the official bank account of the candidate which is opened only for election purpose.

Can the candidate be held guilty for possession such huge amount of cash? and if held guilty can there be disqualification under Representation of Peoples Act?
Guest (Expert) 01 November 2014
Mr. Saurabh,

If you pose a very short academic type of question without any background of the case, like a student, do you expect that the experts should compulsorily presume that you are asking such a query for and on behalf of your brother or some other relative? In all the five posts on this thread you have nowhere made any mention for whom you have put the academic type of query and what is the status of the case with the Election Commission. You just tried to add supplementary questions one after the other without providing any clue how you were related with the query.

First of all, when your brother is a candidate for election, he should have been aware of the election law, rules & instructions about election and his candidature for the purpose of his participation in election in a very fair manner. When he does not know ABC of elections, how he can be expected to represent appropriately the general public of his constituency?

Secondly, when you have already accessed the website of ECI, and laid hands on the instructions quoted by you, you could well have accessed the election law, rules & instructions as well as handbook for candidates, which are very much available on the website of the ECI, and could well have got the required knowledge.

You would have been welcome had you come forward to sort out the real problem, if any, only when your brother or you could have noticed any irregularity or illegal activity on the part of the police or the EC.
Guest (Expert) 01 November 2014
Anirudh ji,

Thanks for agreeing with my views in principle.
saurabh (Querist) 01 November 2014
Dangra Sir, The query is not regarding my brother but of another candidate who was held with with 50 lakhs cash in His official vehicle. The cash and the car has been seized by the police and FIR has been registered against the candidate. The court has given permission to carry out enqiry regarding the case. Now as a Candidate my brother wishes to file an election petition in the court for disqualification of the elected candidate on the bases of the Fir already registered by the election commission.
so all i want to know that when a candidate is held with such huge amount of cash can he be held guilty for it? and can he be disqualified?
Guest (Expert) 01 November 2014
Mr. Saurabh,

You are still continuing to add vague description to supplement your initial query. In last post you mentioned, "this is a personal query as my brother is a candidate and we are going put a election petition regarding this." Now you have stated, "The query is not regarding my brother but of another candidate who was held with with 50 lakhs cash in His official vehicle."

It is not yours or your brother's problem, rather you are desirous of help from experts to create problem for some other candidate, who is already in problem. Don't try to misuse our free services.

If your brother can spend 28 lakhs on his election, he can well afford to hire services of some local lawyer to help him. Let EC/ Police take appropriate legal action, as per law. If your brother also wants to enter in to legal tangle for disqualification of the candidate, he should prefer to hire services of some local lawyer.

Sudhir Kumar, Advocate (Expert) 08 November 2014
I agree with Mr Dhingra. The querist is playing hide and seek on the free site.

Guest (Expert) 08 November 2014
Senior Expert Mr.P.S.Dhingra had Sufficiently given the Reply.(excellently ignoring the anonymous)


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