REGISTERED No. D.L. 33001/99
The Gazette of India
PUBLISHED BY AUTHORITY
No. 31]
NEW DELHI, SATURDAY, OCTOBER 13, 2001/ASVINA 21, 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)
ELECTION COMMISSION OF INDIA
New Delhi, the 25th September, 2001
O. N. 130.—In pursuance of Section 106/111
of the Representation of the People Act,
1951
(43 of 1951), the Election Commission hereby
publishes the judgement of the
High Court of
Madras
dated 27-6-2001 in Election
Petition
No. 2 of 1996.
IN THE HIGH COURT OF
JUDICATURE
AT
MADRAS
(Ordinary Original Civil Jurisdiction)
Wednesday, the Twenty Seventh day of June,
Two Thousand and One
3059 GI/2001
(351)
352
THE GAZETTE OF INDIA : OCTOBER, 13,
2001/ASVJNA 21, 1923
PART II—SEC. 3(iii)l
CORAM
THE
HONOURABLE
MRS.
JUSTICE
' A. SUBBULAKSHMY
Election Petition No. 2 of 1996
S.
Arumugham,
20. East Street,
Kalmandapam,
(via) Nettappakkam,
Pondicherry-605106.
..Petitioner
Vs.
1. The
Chief
Secretary
to
Government of Pondicherry,
Chief Secretariat,
Goulbert
Avenue,
Pondicherry-605001.
2. The
Returning
Officer,
Pondicherry Parliamentary Constituency
- and Secretary to Government (Revenue)
cum Collector, Secretariat,
Podichcrry
605001.
3. N. Rajasekar, l.A.S.
4. M.O.H. Farook
5. Eswararao Geddam
6. G. Elumalai
7. S. Kamaraj
8. SKC. Guedjendirane
9. T. Saravanan
10. T! Sivasubramanian
(a; Ravi
11. S. Dayalane
12. Dr. S. Thiyi-igarajan
13. C. R. Tirugnana
14. G. Thiruvengadam
15. D. Deenadayalan
16. V. Nadarajan
17. Dr. K. Padmarajan
18. Bavany Maduracavy
19. R. Balasubramanium
20L K. Manivanen
21. Dr. M. P. Mathimaharaja
22. P. Vijayakumar
23. L. Vengataraman
24. N. Udaya Bhaskaran
25. The Secretary,
Ministry of Home Affairs,
Government of India,
New Delhi
.. Respondents
Petition praying that this Hon'ble Court may
be pleased:
(a) to
declare
the
election
of
the
fourth
respondent from the No. 32 Pondicherry
Parliamentary Constituency
in which
the
results were declared on 11-5-1996 is void;
(b) to
direct
the
recounting
of
all
votes
including the rejected votes; and
(e) to declare that the petitioner has
been
duly elected from the Pondicherry
Parlia-
mentary Constituency if on
recount the
petitioner 'obtains more
votes
than
the
fourth respondent.
The above petition coming on this day before
this Court for hearing in the
presence of Mr.
S. Mohamed Yousuf, advocate for the petitioner,
and of Mr. D. Rajagopal, advocate for the
fourth
respondent and Respondents 1 to 3, 5 ?to 25, not
appearing in person or through
Advocate and
upon perusing the petition filed herein, this court
made the following ORDER
:
Counsel for the petitioner
submitted that be
sent several reminders to his party, but, he
has
not received any instruction from him.
2. It appears that the petitioner is not inter-
ested) in prosecuting the matter.
The petition is
dismissed.
No costs.
Witness,
the
Hon'ble
Thiru
Nagendra
Kaimar Jain, Chief Justice at Madras
aforesaid,
this the twenty Seventh day of June Two Thousand
and One.
Sd/- K. Karuppiah
Assistant Registrar,
Original Sidc-II
[No.
82/Pond-HP/2/96]
By Order,
BABU RAM, Secy.
354
THE GAZETTE OF INDIA: OCTOBER, 13, 2001/ASVTNA 21, 1923
PARI IX—SEC. 3(iii)]
ORDER
New Delhi, the 8th October, 200L
O. N. 131 —.Whereas, ihe Election Commission is satisfied that each of the contesting candidate
specified in column (3) of the Table below at
the General Election to the WesL Bengal Legislative
Assembly, 2O01 held from the Constituency specified in column (2) against his name has failed to lodge
any account of his election expenses or has failed to lodge his account of election expenses in the manner
required by law 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 either not furnished any reason for explanation for the said failure
even after due notice or the Election Commission after considering the representation made by them, if
ajiy, is satisfied that they have 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 disqualified for beiag chosen
as and
for being a member of either House of the Parliament or the Legislative Assembly
or Legislative Council
of a State/Union Terriroty for a period of three years from the date of this Order,
TABLE
s.
No.
1
1.
2,
3.
4.
5.
Number and Name of Assembly
Constituency
2
1-Mekliganj (SC)
70-Palashipara
73-Chapra
76-Krishnagar West
80-Runaghal East (SC)
Names of contesting candidates
3
Sh. Nayan Chand Barman
Village Kharija Gopalpur
P. O. Jorc Shimuli
District : Cooch fi«har
Pin 735303.
Sh. Ananda Mohan Sarkar
Vill Dangapara P. O. Nazirpur
P. S. Tehatta, Disst. Nadia
West Bengal.
Kazi Md. Yasin
Hatpukur (Uttar)
Madina Market,
Memari,
District
Burdwan
West Bengal
Mozibor Rahman Khan
Vill + P. O. Shaligram
P. S. Nakashipara
District Nadia
West Bengal.
Sh. Adhikary Bidyut
Village Panikhali Majdia
P. O. Daluabari
P. S. Dhantala
District Nadia
West Bengal.
Reason for disqualification
4
Account not lodged at all.
-do-
-do~
-do-
-do-
355
1
6.
1
'
]
7. '
9.
i
2
80-Ranaghat East (SC)
147-Kabitirtba
147-Kabitirtha
147-Kabitirtha
3
Sh. Shibu Mondal
'r
Vill.+P. 0. Duttapulia
P. S. Dhantala
District Nadia
West Bangal.
Sh. Sachin Nag
P-69, Brajamoni Debya Road,
Kolk.ita-700061.
Md. A slam
48/1/H/2, Karl Marx Sarani,
Kolkata-700023.
Md. Ayub
122/C, Karl Marx Sarani
Kolkata-700023.
4
Account not lodged at all.
-do-
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-do-
[No. 76/WB-LA/2001]
By Order,
GHANSHYAM KHOHAR, Secy.
3059 Gl/200! -2
Printed fcy On MratgeT, GJV. of India Fran, Riuf Koad, N«w Difei-1100*4
**d Pnblithfd by the Controller at PublwarioBi, Drihi-11005-t. 2001
