Disqualification of Smt. Umlesh Yadav, MLA from Uttar Pradesh for filing incorrect account of election expenditure – suppression of expenditure incurred on “Paid News”
The Election Commission has disqualified Smt. Umlesh Yadav, an elected candidate at General Election to Uttar Pradesh Legislative Assembly, 2007 from 24 - Bisauli Assembly Constituency for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of any State under Section 10A of the Representation of the People Act, 1951 for a period of three years.
Smt. Yadav was disqualified by the Commission on the ground of not showing correct accounts of her election expenses, suppressing the expenditure incurred on Paid News. The Commission found her indulging in “Paid News”.
A complaint was filed against Smt. Umlesh Yadav before Press Council of India and the Council investigated into the allegation of “Paid News”, published by “Amar Ujala” and “Dainik Jagaran” on the eve of the Assembly election, 2007.
On the basis of PCI report and complaint filed by Shri Yogendra Kumar, the Commission investigated and heard both the Parties and found that Smt. Yadav had indulged in Paid News during elections and did not disclose the true and correct account of her election expenses before the Commission.
It was found that the expenditure of Rs. 21,250/- paid by her party to the Dainik Jagran for the alleged publication of Paid News with a view to furthering her prospects in the election ought to have been included by her in her account of election expenditure. As the said expenditure has admittedly not been shown in her account of election expenditure filed on 08.06.2007 under Section 78 of the said Act, the said account of election expenditure is obviously not the correct or true account as required to be maintained by her under Section 77(1) of the Act.
By suppressing expenditure on ‘Paid News’ and filing an incorrect or false account, the candidate involved is guilty of not merely circumventing the law relating to election expenses but also of resorting to false propaganda by projecting a wrong picture and defrauding the electorate.
Such an attempt by the candidate to mislead the electorate runs grossly counter to, and in the face of, the Supreme Court’s solemn declaration in People’s Union for Civil Liberties v/s Union of India and others (AIR 2003 SC 2363) that the electorate should be made aware of the candidate’s antecedents, assets, liabilities and educational qualifications so that they can make an informed choice about their representative while exercising their franchise.
Hence, Commission passed order under Section 10A of R P Act, 1951 disqualifying Smt. Umlesh Yadav for a period of 3 years. ---PIB
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