38.6c New Delhi, India, Monday, May 20, 2024

Plea Moved in Gujarat High Court Seeking Directions for Turncoat MLAs to Pay for by-Poll Costs

By ROCKY DAS      30 October, 2020 07:27 PM      0 Comments
Plea Moved in Gujarat High Court Seeking Directions for Turncoat MLAs to Pay for by-Poll Costs

A plea has been filed by advocate Kemchand Rajaram Koshti to the Gujarat High Court seeking mandatory directions to the Election Commission of India to recover the cost of expenses incurred from the candidates who left their party and join another one for their own personal interest and gain as well. 

Advocate Koshti stated in his plea by naming 19 MLAs and 77 legislators who were a part of the Indian National Congress and contested in the name of the party and also won in the respective seats in the 2017 state assembly election. He further stated that out of those 19 MLAs most of them have ditched their parties and joined the ruling party of the state i.e. Bhartiya Janata Party and also re-contested and re-contesting in the by-poll election from the same assembly seats.


The sole purpose of the writ petition was to direct the respondent of the plea to recover the sum amount from those candidates who indulged in such malpractice for their own personal vendetta. As the party has already spent money behind those candidates for political hoardings, banners, campaigns, joining another party for own personal gains states A clear case of violation of the code of conduct.

Advocate Koshti further added some key points validating some petitions stating that the expenses have been incurred is merely about one to two crores per constituency which is public money and that has been spent behind those candidates who also won in the same seats. By moving to another party for personal gain is breaking and disrespecting the trusts of people who have put in them and made them win in the elections. He further implied that such expenses can’t be made for such a mala fide and evil mindset which can hamper the image and reputation of the party. Though resigning or removing such candidates should not be applicable to the Constituency but these ill mentalities should also be taken into the accountability of such. 


The writ also stated that the Election Commission of India should watch and regulate such acts and make the candidates be accountable for the payment of the expenses spent behind them if they are joining another hand by ditching their own party. It has also made provision in the petition that the MLAs and other legislators should sign an undertaking stating that they can’t join another party until their term is over in the same constituency under the same party banner. Last but not least the petition made by Advocate Koshti sought a mandatory direction by the EC of India to the other parties with whom the candidates are joining during the by-poll elections by leaving their own party to pay a deposit towards the expenses incurred by the earlier party for those candidates.

Share this article:

Leave a feedback about this

Trending Judiciary
Supreme Court refuses to entertain plea for stay on new criminal laws

SC refuses plea to stay new criminal laws. Court deems the plea casual, noting laws aren't yet implemented. Petitioner withdraws. Laws effective from July 1, 2024.

20 May, 2024 12:58 PM
Trending Know The Law
SCBA Election Result 2024, Know the newly elected members

SCBA Election Result 2024: Senior Advocate Kapil Sibal elected President. Know the newly elected members and key office bearers leading the Supreme Court Bar Association.

20 May, 2024 03:03 PM


Trending Judiciary
SC Issues Notice to ED on Hemant Soren's Plea Against Arrest in Land Scam

Supreme Court issues notice to ED on Hemant Soren's plea against arrest in a land scam case, sets hearing for May 17 after senior advocate Kapil Sibal's request for an earlier date.

14 May, 2024 11:24 AM
Trending Environment
3,800 metric tonnes of solid wastes going untreated everyday in Delhi SC records concern

The Supreme Court expressed concern as 3,800 metric tonnes of solid waste in Delhi go untreated daily. The issue must be addressed promptly beyond political lines.

14 May, 2024 11:30 AM
Trending Judiciary
Plea filed in SC for review of April 26 EVM VVPAT verdict

A plea has been filed in the Supreme Court to review its April 26 verdict on EVM VVPAT verification, challenging the decision that dismissed a demand for 100% vote cross-verification.

14 May, 2024 12:13 PM
Trending Judiciary
AI can’t detect consent Microsoft and Google tell Delhi High Court

Microsoft and Google tell Delhi HC that AI can't detect consent for NCII takedowns, challenging a 24-hour removal directive under IT Act's safe harbour protections.

14 May, 2024 01:33 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email