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REGISTERED No. D.L. 33001/99 The Gazette of India

PUBLISHED BY AUTHORITY

No. 28] NEW DELHI, SATURDAY, SEPTEMBER 8, 2001/BHADRA 17, 1923 Separate Paging is given to this Part in order that it may be filed

as a separate compilation.

PART II—Section 3—Sub-section (iii)

Orders and Notifications issued by Central Authorities (other than the Administrations of Union Territories)

(321)

2669 GI/2001— 132; THE GAZETTE OF TNDIA : SEPTEMBER S, 2001/BliADRA 17, 1923 [PART JI—SEC. 3(hi)] 1999 before the Election Comniijjion of India for removal of disqualification imposed on him, giving reasons for his failure to lodge the account in the manner ; and

Whereas, afler considering the said petiiion ELECTION COMMISSION OF INDTA

ORDFR

New Delhi, the 18th June, ?00l

and taking into account all material facts of the- case the Election Commission, in exercise of the powers conferred by the Section 11 of the Representation of the People Act, 1951, has vide its order dated 18th Juno, 2001 lias removed the disqualification of Shri Malojirao Sadashiv Mogal imposed upon him by the CommisMon's order dated 9th October, 2000 under section 10A of the said Act with effect from 18th June, 2001, for the remaining period ;

Now, therefore, the name of the said Shri Malojirao Sadashiv Mogal appearing at SI. No. 12 in the Table appended to the Commission's order No. 76/MT-LA/99 dated 9th October, 2000 shall be deemed to have been omitted from the said order with elfect from 18th June, 2001.

[No. 76/MT-LA/99] O. N. 114.—Whereas, Shri Malojirao Sadashiv Mogal, At-Mauje Sukene, Post-Kasabc Sukene, Tal.-Niphftd, Disl.-Nashik, Maharashtra, a contest- ing candidate for the General Ejection to Legis- lative Assembly f.om 70-Niphad Assembly Constituency held in September, 1999 was disqualified by the Election Commission of India vide its order No. 76 MT-LA/99 dated 9th October, 2000 under section 10A of the Represen- tation of the People Act 1951 for failure to lodge the account in the manner as required by the said Act and Rule made thereunder ; and

By Order, Whereas, the said Shri Malojirao Sadashi v

C. R. BRAHMAM, Secy Mogal had submitted a petition dated 18th July P. 3

ORDER

New Delhi, the 7th August, 2001

O.N. 115.-—Whereas, the Election Commission is satisfied that-the contesting candidates specified in column (3) of the Table below of the General Election to the House of the People, 1999 held from the Constituency specified in column (2) against his/her name has failed to lodge an account of his/her election expenses as shown in column (4) of the said Table, as required by the Representation of the People Act, 1951 and the Rules made thcicundeis.

And whereas, the said candidates have not furnished any reason or explanation for the said failure even after due notice and the Election Comnr'ssion is satisfied that he/she has no good reason or justification for the said failui e.

Now, therefore, in pursuance of Section 10A of the said Act, the ElecLion Commission lieieby declares the persons specified in column (3) of the Table below to be disqualified for being chosen as and foi being, a member of cither House of the Parliament or the Legislative Assembly or Legislative Council of States (or a period of 3 years from the date of this order.

TABLE

Name of the contesting candidates

Reason for disqualification No. & Name of the ). Parliamentary Constituenc

SI. Nc

(3)

. )~ ~" ~'~(2)""

(4) 13-Vijayawada

Ti i.

Failed to lodge the account of election expenses at all;

Shri Sudh;ikarEi Reddy Lakkireddy, 2/58/4, Market Street, Jammalamadugu, Cuddapah District.

-do-

-do-

2,

Shri Parasa Yesu Ratnam, 36-8-36, Nehru Nagar, Vijayawada,

-do-

-do-

3.

Shri Rajanala Gopikrishna, 9-65-46, Sykamvari Veedhi, Kothapeta, Vijayawada,

-dr-

-do-

4.

Shri Rama Mohana Rao Yalamanchili, 40-9-98, Saiiiagar, Vijayawada.

-do-

-do-

5.

Shri Shivarathri Ealaiah, Sannur Village, Rayaparthy (M), Warangal Dist.

[No. 76/AP-HP/99] By Order,

BABU RAM, Secy.

• 1>5

ORDER

New Delhi, the 7th August, 2001

O.N. 116.—Whereas, the Election Commission is satisfied that the contesting candidates specified in column (3) of the Table below of the General Election to the House of the People, 1998 held from the Constituency speci- fied in column (2) against his/her name has failed to Judge an account of his/her election expenses as shown m col urn (4) of the said Table, as required by the Representation of the People Act, 1951 and the Rules made thereunder: n And whereas, the said candidates have not furnished any reason or explanation for the said failure even aftea due notice and the Election Commission is satisfied that he/she has no good reason or justification for the said failure;

Now, therefore, in pursuance of Section 10A of the said Act, the Election Commission hereby declares the persons specified in column (3) of the Table below to be disqualified for being chosen as and for being, a member of either House of the Parliament or the Legislative Assembly or Legislative Council of States for a period of 3 years from the date of this order.

TABLE

Name of the Contesting candidates

No. & Name of the

Reason for disqualification Parliamentary Constituent !

SI. No.

(1) (2)

(4) 16-Bapatla

1.

Failed to lodge the account of election expenses at all.

Shri Chebrolu Yesupardha, S/o Pakccraiah Professor, Andhra Christian Theological Colhige, Gandhinagar, Hyderabad-80.

18-Ongole

-do- ',2.

Shri Madhavarapu Nagendra, KakoUuvaripalli, Varikuntapadu Mandal, Nellore Distt,, Andhra Pradesh.

-

3I-Secunderabad

3.

-do-

Slid Ganta Satyanarayana Reddy, H.No. 3-3-160, Kutbiguda, Hyderabad.

4. -do-

-do-

Shri K.S. Ganesh Rao, H.No. 6-3-193/1, Jainagar Colony, New Bhoiguda, Sccunderabad-500380.

-do-

5.

-do-

Shri Thummala Praful Rum Reddy, H.No. 1-4-879/91/B, Gandhinagar, Bank Colony, Hyderabad-80.

-do-

6.

-do-

Shri A. Manoj Kumar, H.No. 6-1-132/71, Opp. Water Tank, Padmaraonagar, Secunderabad-500061.

-do-

7.

-do-

Shri Slceva Galleli, H.No. 5-14-58, Laxminagar, Moula Ali, Hyderabad-500040.

[No. 76/AP-HP/98]

By Order,

BABU RAM, Secy.

ORDER

New Delhi, the 7th August, 2001

O.M. 117.-Whereas, the Election Commission is satisfied that the contesting candidates specified in column (3) of the Table below of the General Election to the Andhrn Pradesh Legislative Assembly, 1999, held from, the Constituency specified in column (2) against his/her name has failed to lodge an account of hip/her election expenses as shown in column (4) of the said Table, as required by the Representation of the People Act, 1951 and the Rules made thereunder :

And whereas, the said candidates have not furnished any reason or explanation for the said failure even after due noticc and the Election Commission is satisfied that he/she has no good reason or justification for Ihe said fai- lure ;

Now, therefore, in pursuance of Section 10A of the said Act, the Election Commission hereby declares the persons specified in column (3) of the Table below to be disqualified for being chosen as and. for being, a member of cither House of the Parliament or the Legislative Assembly or Legislative Council of States for a period of 3 years from the date of this order.

TABLE

Name of the Contesting Candidates

Reason for Disqualification No. & Name of the Assembly Constituency

SI. No.

(3)

(4)

(2)

0)

Failed to lodge the account of 80—Mylavaram

1.

election expenses at all.

Shri Manda Ravi Kumar, H.No. 6.31/3, VTPS(Post) Ibrahimpatnam (V) & (M), Andhra Pradesh.

-do-

-do-

2.

Shri Y. Murali Krishna Naidu. D. No. 1.1.5.25/B, • Jbrahimpatnam (V) & (M), Andhra Pradesh.

3.

-do-

-do- Smt. Prathiputi Vandanam, D. No. 8.122, Velvadam(V), Mylavaram ( Ml Andhra Pradesh.

-do- 4. 85 — Gudivada

Shri Gopala Krishna Murthy Mekala, Door, No. 5/147-1, Ashok Nagar, Vijayawada, Andhra Pradesh.

-do~ -do-

5.

Shri Divi Pooma Chandra Rao, Door No. 13/133, Patimeeda, Gudivada, Andhra Pradesh.

-do- -do-

6.

Shri Natjendra Rao Nandipu, K anchertavanlpura m, Pumarru Mandal,

, Andhra Pradesh.

-do-

7.

Failed to lod.ee Ihe account of election expenses in the manner required by law.

Shri Baskfira Rao Puvvada, Door. No. 3/71-B-2, Main Road Lingavaram, Gudivr-da Mandal, Andhra Pradesh.

Failed to lodge the account of 8. 85—-Gudivada

election expenses at all.

Shri Vallabhancni Ravi Sankar, Door. No. 13/144-B, Patlmeeda, Gudivada, (Andhra Pradesh).

) 52—Rayachcty

-do- 9.

1

Shri Ramaiah Abbavaram, D. No. $2/43, Abbavuramvandla PaJle, H/O Rayachcty, ' Andhra Pradesh.

153—Lakkireddipalli

10.

-do-

Shri K, Gangi Reddy, 42/43, Bosc Nagar, Rayachoty, Andhra Pradesh.

156- Mydukur

-do- 11.

Shri Jacobu Peddulapalle, Malagudipadu (V), Diguvanelatur (P\ B. Mattam M?ndal, Andhra Pradesh.

-do-

-do- 12.

Shri Veakata Subba Reddy Redyam, D\impalagattu (V), Khajipet Mandal, Andhra Pradesh.

Shri Bellala Chinna Liikshmnaiah,

158 —J.im ma laraadug u

-do- 13.

1

7/30, Kota Street, Jarnmalamadugu, Andhra Pradesh.

159—K amalapur am

-do- 14.

Shri Badulla Sab Badamsagari, Nidujuwi (V), Ycnaguntla, Pendlimarri Mandul, Andhra Pradesh.

-do-

15.

-do-

Shri Gaadluru Narayana Reddy, 2/237, Yerraguntla Mandal, Andhra Pradesh.

160—Pulivcndla

16.

-do- 1

Shri Pandillapallc Adilakshumma, Nandipalle (v), ICathajur (PO), Vempalle Mandal, Andhra Pradesh.

17.

-4o-

-do-

Shri Peddamallu Krishnareddy, Peddakudala (V & P), Lingala Mandal, Andhra Pradesh.

18.

-dp-

-do-

SJiri Bhpskar Reddy NaUagari, Door]Ko. 1/2J32, Nagarigutta, Pulivcndla, Andhra Pradesh.

J9. 322-GajW) (SO

§mt. Afljara Vathi Dasari, H. No. 2-12, Svigatam (V), Gajwe) Mandal, Mqdak District^

JCA-P.)

2669 GI/2001—2330 THE GAZETTE OF INDIA : SEPTEMBER 8, 2001/BHADRA 17, 1923 [PART II— SEC. 3(iii)] j 1 4 270 —Ha namkonda

20.

Failed to lodge the account of

election expenses at all.

Shri Padidelu Thinipath;iiah, H. No. 1-58, Konuitipally, Mandal : Hasanparthy, Warangal Dist. And lira Pradesh.

-do-

-do-

21.

Shri Nellutla Ramchandor Rao, II. No. 1-7-149, Revenue Colony, Subedari Hanamkonda, Warangal. Andhra Pradesh.

-do- -dc-

22.

Shri Balaboina Upender, H. No. 2-8-111, Waddepalli, Hanamkonda Warangal Disirici, Aridhru Pradesh.

23.

-do- -do-

Sliri Rayaburapu Rajashckhai¹. H. No. 9-1-174, Girmajipet, Warangul, Andhra Pradesh.

[No. 76/AP-LA/99J

By Ord.r,

BABU RAM, Secy,

4. ^ r% *CT"T l 5r ufaft-r " 13. i . v - f ^ T ^ qT

^V faWFT 5 f k fe " n N T, ^ ^m TfT,^^ HTfa'FT%

[iT. 434/"T^rR--^fT . T . / 2 0 0 l ( 2 )]

New Delhi, the 27th August 2001

2. For the existing entry ''Assistant Commi- ssioner (Grievances), Faridkot" appearing in columa 2 of the table appended to the said notification against the entry ⁴t12. Returning Officer for 11-faridkot Parliamentary Constituency" in column V thereof, the words, "Executive Magistrate, Faridkot" shall be substituted ;

• 3. For the existing entry "Additional Deputy Com- missioner (Dev.) Faridkoi" appearing in column 2 of the table appended to the said notification against the entry "12. Returning Officer for 12-Faridkot Parliamentary Constituency" in column ! thereof, the words, "Sub Divisional Magistrate, Jaito" shall be substituted; and

4. For the ex'sting entry "Secretary, Regional Transport Authority, Ferozepur" appeering in column 2 of the table appended to the said notification against the entry "13. Returning Officer for 13-Ferozepur Parliamentary Consti- tuency" in column 1 thereof, the words, "District Transport Officer, Moga" shall be substituted.

[No. 434/PB-HP/20O1 (2)]

By Order,

K. R. PRASAD, Secy.

CORRIGENDUM

.New Delhi, the 29th August, 2001 O.-N. 119.—\n Commission's notification No. 76/HN-LA/2OOO (3), dated 9th July, 2001, -the entry appearing at column 4 of SI.- No.' 26 against 89-Ateli assembly constituency shall be read as "Sh. Om Parkash, Vill Akoli, P.O. Bhungarka, Tehsil Narnaul, Distt. Mahender- garh, Haryana".

"• " [No. 76/HN-LA/2000 (3)] By Order, '

K. R. PRASAD, Secy.

33!

New Delhi, the 28th August, 2001 O. N. 120.—In pursuance of Section 106 of the Representation of the People Act, 1951 (43 of 1951), the Election Commission of India hereby publishes the order of the High Court of Punjab and Haryana at Chandigarh daxed 24th July, 2001 in Election Petition No. 1 of 2001 filed by Shri Kanwal Singh Bedharak • calling in question the election of Rao Man Singh as ? Member of Council of States from the State of Haryana.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CIVIL ORIGINAL SIDE

ELECTION PETITION NO. 1 of 2001 Kanwa] Singh Bedharak Patwari President National Pandav Da! Party registered vide No. 56/89 Serial No. 169 as., per Notification Chief Election Commission . of India dated* 23-10-1989 and April 1991 Serial No. 206 of resident and Voter of Village Naya Bans Had bast No. 131 Tehsil Ganaur Distt. Sonepat.

3

' Petitioner

Versus

- Rao Ma%. Singh. Member of Rajya Sab'aa, Indian^ Parliament New Delhi.

§g!\ .. ..Respondent Petition under Sections 80 and 81 read with Section 5100 of the'Representation of People Act. 1951 praying that keeping in view tiu facts aid circumstances mentioned in the petition, . the Tvwsfsnf p^titior¹ may kircl!v be allowed and she .byerelsction.-qf,the^_ returned/ candidate Rao Man Singh may kif"o1v be decWvr) void in the interest of justice.

Dated tl# 24tti July, 2001

PRESENT ' THE HON'BLE MR. JUSTICE R. C. KATHUR1A Mr. Kanwal Singh Bedharak, Petitioner, in person.

Election Petition No. I of 2001 Kanwal Singh Bedharak V. Rao Man \Singh.

ORDER

R. C. KATHUR1A, J.

Bye-election for one scat of Rajya Sabha, Parliament of India, was notified by the Election Commission of India to be held on June 11, 2001. Petitioner Kanwal Singh Bedharak, claiming himself to be President of National Pandav Dal Party registered vide No. 56/89 (Serial No. 169) as per Notification dated October 23, 1989, issued by the Chief Election Commissioner of India, and resident and Voter of Village Naya Bans Hadbast No. 131, Tehsil Gananr, District Sonopat, filed his nomination for the said seat. The Assistant Returning Officer rejected his nomination on June 2, 2001 on the ground that the nomination papers were not duty proposed by Members of Haryana Vidhan Sabha and also because he had not deposited the requisite security. The said Re- turning Officer declared Rao Man Singh, respondent, as elected for the said seat. Challenge to the electio n of the respondent has been made by the petitioner in this petition primarily on the ground that his no- mination papers were wrongly rejected by the Assis- tant Returning Officer. His other stand is that Daryao Singh, brother of the petitioner, was in the custody of Sube Sinflh at that time and for that reason said Daryao Singh could not come and file his nomination papers and, as such, the same were presented by the petitioner. It is stated by the petitioner that because of these circumstances, secunty deposit could not be made and his name could not be got proposed from the Members of Haryana Vidhan Sabha.

On secrutiny of the potition, it had been found by the Registry that the petitioner had not deposited security for costs of Rs. 2,000/-in terms of the pro. visions of Sections 117 of the Representation of the People Act, 1951 (hcreinaftej referred to as the Act) read with Rule 7 of Chapter 4, Volume 5 of the Rules & Orders of Punjab & Haryana High Court. Other defects have also been noticed by the Registry, but they neod npt bo adverted to for the purpose of prosent controversy because deposit of Rs. 2,000/- as security for costs is a condition precedent which was required to be fulfilled by the petitioner at the time of filling the present petition.

*P3 *The petitioner, who argued jn person before me, rend"eed the only explanation that as his brother Daryao Singh was in confinement, the necessary de- posit of Rs. 2,000/- as security for costs could not be made by him. This can hardly be accepted as a valid ground for non-compliance of the porvisions of Section 117 of the Act. It expressly lays down that at the time of presenting an election petition, the pe- titioner sha)l deposit in the High Court in accordance with the Rules of the High Court a sum of two thousand rupees as security for the costs of the petition. Hav- ing not complied with the above requirement, there is no alternative for me but to dismiss this petition. Consequently, this petition fails and is dismissed in limine.

R C. KATHURIA, Judge July 24, 2001

[No. M2/CS-HR/1/2001]

By Order,

SHARAN PAL SINGH, Secy.

Printed by the Mtmainer, Govt. at India tiem, Ufa Koai, fin* DeBii4JM>64 Mid Published by the CortroOar of PubllcJUtom, Ddbi-IUXB*. 3901