HC seeks Centre's reply on regulation of parties' poll spend

Delhi High Court today sought the Centre and Election Commission's response on an NGO's plea for implementation of the Law Commission (LC)'s recommendation that a provision be enacted to monitor and regulate the expenditure by political parties during elections.
A bench of Chief Justice G Rohini and Justice RS Endlaw asked the Ministry of Law and Justice and EC to conduct a study and see if such a provision as recommended by the LC in its 170th report can be enacted and whether the high court can direct the poll panel to do so.
The court has listed the matter for further hearing on August 20.

The order came on the plea of the NGO, Association for Democratic Reforms (ADR), which has contended that despite the LC's recommendations, there is no provision yet in the Representation of the People Act and the Election Rules to monitor poll expenses of political parties.
It has alleged that such a provision has "deliberately" not been enacted despite Supreme Court having held that EC has the power to give effect to the LC's recommendation.
ADR has claimed that the existing law "does not measure up to the existing realities".

"The ceiling on expenditure is fixed only in respect of the expenditure incurred or authorised by the candidate himself, but the expenditure incurred by the party or anyone else on his election campaign is safely outside the net of legal sanction.

"The spirit of the provision (therefore) suffers violation through the escape route. The prescription for the ceiling on expenditure by a candidate is mere eye-wash and (not) the practical check on election expenses for which it was enacted," the petition said.
Advocate Sumeet Pushkarna appeared for the Law Ministry.