Velachery Congress MLA Aassan Maulaana J.M.H. has filed a petition in the Madras High Court challenging a show-cause notice issued by the Election Commission of India (ECI) on 16 March 2023 which had asked him to explain why he should not be disqualified for allegedly failing to disclose a portion of his election expenses from the 2021 Assembly elections.
The matter was heard on 12 September 2025, by the First Division Bench, comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan. After hearing submissions from senior advocate P. Wilson, representing the MLA, the bench issued notice to the ECI. The Commission’s counsel, Niranjan Rajagopalan, was directed to file a counter affidavit within two weeks.
Allegation Of Undisclosed Expenditure
The ECI’s notice was based on a report from the District Election Officer (DEO), forwarded via the Chief Electoral Officer, which claimed that Mr. Maulaana had failed to report ₹33.05 lakh spent on 10 advertisements published in regional newspapers on 27 and 28 March 2021. These advertisements reportedly featured the MLA’s photograph and sought votes on his behalf.
As per Sections 77 and 78 of the Representation of the People Act, 1951, candidates are legally required to maintain accurate records of all campaign expenditures and submit them within 30 days of the election results. Failure to comply can result in disqualification for a period of three years under Section 10A of the Act.
While Maulaana acknowledged the advertisements, he claimed that the expenses were borne not by him but by the Tamil Nadu Congress Committee (TNCC). However, the DEO rejected this explanation, asserting that the ads directly promoted his candidacy.
In his plea to the High Court, Maulaana argued that the advertisements in question were part of a broader campaign during Congress leader Rahul Gandhi’s visit to Tamil Nadu on 28 March 2021. According to him, these ads were placed by the TNCC to promote all 234 alliance candidates, not just himself. He stated that the advertisements featured multiple candidates and were not exclusively linked to his campaign.
The MLA also claimed that he had neither authorised the advertisements nor received any individual support from Gandhi during that visit. He argued that these details were not properly considered before the ECI issued the notice.
Maulaana also addressed the delay in challenging the ECI’s 2023 notice. He explained that although he had already submitted a detailed explanation to the Commission, he received a fresh notice on 14 August 2025, indicating a hearing without acknowledging his prior response. This prompted him to approach the High Court. The petition now seeks to have the show-cause notice quashed entirely.
(With Inputs From The Hindu)
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