The Delhi High Court on Wednesday disposed off a plea seeking direction to the poll panel to probe if Prime Minister Narendra Modi failed to give the correct poll expenditure in Varanasi constituency during the Lok Sabha election.
The plea was filed by a Congress leader.
Justice Rajiv Sahai Endlaw refused to entertain the plea, saying the Election Commission has already been seized of the matter.
During the hearing the Election Commission told the court that election results were declared on May 16, 2014, and the complaint against the alleged incorrect expenditure was first received by it on June 2, 2015, over a year later.
The court said the commission is seized of the matter and examining the complaint and it will take a decision.
The plea filed by former MP Rajesh Mishra against the Election Commission alleged that it has been sitting on the complaint because the accused happens to be the prime minister.
He alleged that Modi gave "incorrect account" of his election expenditure and sought his disqualification as MP, noting the election expenditure return filed with the district electoral office, Varanasi, showing his total expenditure on a very low side, to the tune of Rs.37 lakh only.
"In a perusal of the statement of election expenses filed by the returned candidate, it is revealed that he has failed to keep separate and correct account of all expenditure in connection with his election and has also not furnished true and correct statement of account of election expenditure, incurred by him in Varanasi Constituency as per law," the plea said.
"The actual expenditure, incurred by him or his agent or under their authority, knowledge, permission is far beyond the prescribed maximum limit of Rs.70 lakh, and as such he is liable to be disqualified," it added.
Modi has not been made a party in the case.
