In Ajay Arjun Singh vs. Sharadendu Tiwari & Others (2016) 15 SCC 219, the Supreme Court of India ruled that travel expenses incurred by star campaigners using helicopters outside an assembly candidate's constituency cannot be added to that candidate's election expenditure. The bench of Justice J. Chelameswar and Justice Abhay Manohar Sapre also held that the High Court, acting as an Election Tribunal, possesses full jurisdiction to evaluate allegations of corrupt practice under Section 123(6) of the Representation of the People Act, 1951.
Background and Factual Context of the Election Petition
The dispute arose following the 2013 Madhya Pradesh Legislative Assembly elections for the Churhat Assembly Constituency No. 76. Ajay Arjun Singh was declared the returned candidate, having secured election to the state legislature. Defeated candidate Sharadendu Tiwari filed an election petition before the High Court of Madhya Pradesh under Section 81 read with Sections 100 and 123 of the Representation of the People Act, 1951, challenging the election result on grounds of corrupt practice regarding campaign expenditure.
The election petitioner alleged that the returned candidate incurred campaign expenses exceeding the prescribed statutory limit of sixteen lakh rupees. Among the contested items were expenses relating to helicopter flights by political leaders and star campaigners, publication of promotional advertisements, and printing of campaign posters and banners. The returned candidate filed applications seeking deletion of pleadings and summary dismissal, contending that campaign rates fixed by the Election Commission could not be re-evaluated by the High Court and that star campaigner travel expenses enjoyed statutory exemption.
The High Court dismissed the preliminary applications, holding that allegations of corrupt practice required a full trial on evidence. The returned candidate approached the Supreme Court via special leave petition, raising substantial questions concerning statutory expense ceilings and the evidentiary authority of administrative rate cards.
Supreme Court Analysis on Star Campaigner Expenditure
The Supreme Court examined the statutory interplay between Section 77 of the Representation of the People Act, 1951, and the explanations appended to Section 123(6). The Court drew a clear legal boundary regarding air travel and logistical costs:
- Constituency Level Activity: Expenditures incurred on public meetings, rallies, stages, and local logistics arranged for a star campaigner inside the constituency must be accounted for in the candidate's return of expenses.
- Aviation and Inter-Constituency Travel: Helicopter and aircraft charter costs incurred by political party leaders traveling between multiple constituencies or across the state fall under political party expenditure rather than individual candidate liability, provided mandatory statutory notices were filed with the Election Commission.
- Individual Candidate Exclusivity: Where a flight is arranged exclusively for a single candidate without serving general party propagation, the entire cost is apportionable to that candidate.
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Jurisdiction of High Court as Election Tribunal
A critical contribution of this judgment lies in the Supreme Court's clarification regarding the evidentiary value of rates published by the Election Commission of India. The Court established that:
- Rates and price schedules fixed by district election officers or the Election Commission serve as administrative benchmarks for monitoring, but they are not conclusive in judicial trials.
- The High Court trying an election petition exercises plenary judicial power under Part VI of the Representation of the People Act to receive evidence, assess actual market costs, and determine whether expenditure exceeded statutory limits.
- Pleadings asserting corrupt practice under Section 123(6) cannot be struck out at the preliminary stage merely because the petitioner relied on actual market quotations rather than official administrative price lists.
The judgment reinforced that summary rejection under Order VII Rule 11 of the Code of Civil Procedure cannot be granted where pleadings disclose concise material facts supporting the allegation of statutory expenditure breaches.
Strategic Significance for Election Law and Trial Practice
The decision in Ajay Arjun Singh vs. Sharadendu Tiwari provides vital guidance for legal practitioners handling election disputes. It balances the legislative protection granted to recognized political party leaders with the constitutional necessity of maintaining expenditure ceilings in democratic elections. Litigators must plead specific material facts with precise dates, itemized expenditure lists, and source documentation to survive preliminary scrutiny under Order VII Rule 11 of the Code of Civil Procedure.
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