SC rejects plea seeking direction to fix limit of expenses by political parties, candidates

The Supreme Court on Friday dismissed a petition seeking a direction to fix the limit of expenses by political parties and candidates in elections, saying these are matters of legislative policy.

“Either these are legislative changes or policy matters. How can we entertain a petition like this,” a bench headed by Chief Justice D Y Chandrachud observed.

The bench was hearing a plea filed by a Haryana-based man seeking several directions, including to calculate and fix the limit of expenses by political parties and candidates, restrict the expenditure on articles printed and posted prior to nominations and calculate expenses of rallies performed during filing of nomination.

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“These are all matters of legislative policy,” said the bench, also comprising Justices J B Pardiwala and Manoj Misra.

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The plea had also sought a direction to all the high courts to decide election petitions within six months.

“These are not matters on which we can merely give directions. There is already a law…,” the bench observed.

The petitioner told the bench there was no limit on expenditure by political parties.

“That is a matter of legislative change,” the CJI said, adding, “We can’t command Parliament that you shall enact a law on this subject”.

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The petitioner also referred to section 86 of the Representation of the People Act, 1951, which deals with trial of election petitions.

“Dismissed. These are all matters of policy,” the bench said.

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