New Delhi: Observing that "an informed voter is foundation of democracy", the Delhi High Court today (Mar 1, 2004) asked the Election Commission (EC) to seek affidavits from candidates, including MPs (Member of Parliament), contesting the coming Lok Sabha polls regarding arrears due from them towards facilities like telephone, electricity, water, accommodation and travel and give it "full publicity".

"The Election Commission shall take effective steps to publicise at least in two local dailies the information furnished by candidates with regard to Government dues to be recovered from them," a Division Bench of Chief Justice B C Patel and Justice B D Ahmed said.

The publicity to be given by the EC in the form of advertisements would be in addition to that given by the media, print and electronic, it said.

The court, however, clarified that the candidates would not be required to obtain "no dues" certificates from the departments concerned and produce the same before the returning officer while filing their nomination papers.

The court also issued notices to the Secretaries General of Lok Sabha and Rajya Sabha asking why the arrears vis-à-vis telephone, electricity and water bills of sitting and former MPs were not deducted from their salary, allowances and pension as permissible under the relevant rules.

The information to be furnished by candidates relate to outstanding bills for facilities of telephone, electricity, water, accommodation and vehicle availed of by them beyond the limits permissible under rules.

The court rejected EC counsel S K Mendiratta's plea that the direction to publish information regarding dues owed by candidates to Government departments would entail lot of expenses on advertisements.

"When so much can be spent on feel good, why can't it be spent on informing the voters?" the court asked.

Quoting last year's Supreme Court judgement in the PUCL case, the Bench observed "an informed voter is the foundation of democracy" and it was incumbent upon the EC to inform them about the adverse antecedents of candidates.

The EC cannot be absolved of its responsibilities by only passing on the information to the media, it said.

"When voters are required to be informed, it is necessary that the EC itself takes the task of informing the public," the Bench observed.

The order came during hearing on a PIL (Public Interest Litigation) filed in 1998 by Krishak Bharat seeking direction to MTNL, NDMC and ITDC to recover their dues running into crores of rupees from politicians and political parties.

Altogether 656 sitting and former MPs of Rajya Sabha and Lok Sabha owe Rs 11.18 crore to the State-owned MTNL while 669 MPs of both the houses are to pay Rs 6.32 crore to NDMC towards water and electricity bills.

As per rules, an MP is allowed to avail of 1.50-lakh units of telephone calls, 50,000 units of electricity and 4,000-kilolitre water free of cost every year. However, they are charged for the telephone calls made and water/electricityconsumed by them beyond the said limit.