REGISTERED No. D.L. 33001/99
The Gazette of India
PUBLISHED BY AUTHORITY
No 35]
NEW DELHI, SATURDAY, NOVEMBER 17, 2001/KARTIKA 26, 1923
Separate Paging is given to this Part in order that it may be filed
as 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. 146.—In pursuance of Section 106 of the
Representation of the people Act, 1951 (43 of 1951),
the Election Commission hereby publishes the order
of the High Court of Karnataka, Bangalore dated
20-4-2001 in Election petition No. 21 of 1999.
IN THE HIGH COURT OF
KATANATAKA
AT BANGALORE
DATED THIS THE 20TH DAY OF APRIL 2001
BEFORE
3440 GI/2001—1
(399)
400
THE GAZETTE OF INDIA : NOVEMBER 17, 20OJ/KARTIKA 26, 1923
[PART II-Sue. 3(iii)]
THE HON'BLE MR. JUSTICE TIRATH SINGH
THAKUR
ELECTION PETITION
NO. 21/1999.
BETWEEN:
A. Siddaraju,
Major,
R/o No." 2358.
J'Block, Adichunchanagiri Road,
Kuvempunagav,
MYSORE.
PETITIONER
(By Sri. G. Gangi Rcddy, Adv.,)
AND :—
1. Returning Officer,
No. 15, Chamarajanagar
Loksabha Parliamentury Constituency,
Chnmarajangar, And the
Deputy Commissioner,
Chamarajanng. r Dist.
2. V. Srinivasa Prasad,
S/o Venkataiah, M.P., Major,
R/o No. 91, Bheemasandra,
7th Main, Jayalakshmipuram,
MYSORE-12.
3. H. Govindaiali,
Deputy Registrar of Evaluation.
Karnaiaka Open University,
Manasagangotri.
4. M.K. Kempa Siddaiah,
Major,
Mo. 412,
4th 'A' Main Road.
3rd Stage, Basaveswaranagar,
BANGALORE-79.
5. Vicharavadi Mantalingaiah,
President,
A.J.M.S.,
Gandhinagar,
MYSORE
RESPONDENTS
(By Sri G.N. Shantaraju, for
M/S Kesvy & Co., forR-2:
Election Petition is filed u/s. 81 of the Represen-
tation of People Act, 1951, praying to call for the
production of the ballot papers including the rejected
votes and pass for orders, for recount as deemedjfit,
in the interest of justice etc.,
This Petition coming on for hearing, the same
having been heard and reserved for pronouncement
of order, the Court made the following order:
ORDER
In the last general election to the
Parliament
from No. 15, Cbamarajanagar Parliamentary Cons-
tituency, Sri V Srinivasa Prasad-Respondcnt No. 2
in this Petition was declared elected having secured
3,11,547 votes as against 2,95,401 polled by the
petitioner.
Aggrieved, the petitioner has in the
present Election Petition sought a declaration to the
effect that the election of the 2nd respondent is void
besides a further declaration that he stands duly
elected
from
the
said
Constituency.
The
petitioner's case entirely rests on the alleged improper
reception and rejection of votes within the meaning
of Sec. 100(d) (iii) of the Representation of the People
Act, 1951, which has, according to him, materially
affecled the result of the election. Broadly speaking,
the allegations made in the Election Petition suggest
that the result of the election was affected materially
by reason of rejection of a large number of votes
that had been cast in favour of the petitioner besides .
improper mixing of votes polled in favour of petitioner
with
those polled by the 2nd respondent.
The
Petition also contains allegations of irregularities in
the counting of voles besides suggesting ihat ihe
rejection of the votes by the Returning Officers of
the Assembly Constituencies was not
permissible
1 shall presently refer to the contents of the Petition
in detail. Suffice it to say that the Petition does not
make any allegation regarding the commission of
any corrupt practice by either the successful candidate
or any other candidate for that matter.
On the basis of the pleadings of the parties, as
many as ten issues were framed by this Court by
order dated 11th of August 2000. Issues No. 1 to 5,
which were purely legal in nature and in regard to
which no evidence was offered by the parties were
treated as preliminary issues. They read as under:
"(1) Whether the
Returning
Officer
R-1,
is liable to be deleted from the array of Respon-
dents as stated in T.A. No. I, filed by the second
Respondent?
(2) Whether the averments made in paras 2
to 22 of the Election Petition, arc unnecessary,
vexatious and frivolous hence liable to be struck
off?
(3) Whether the Election Petition does not
disclose any cause of action and is therefore liable
to be rejected?
(4) Whether the Election Petition has not
been verified properly and is liable to be dismissed
on that ground?
(5) Whether the Election Petitioner has not
complied with Section 81(3) of the Representa-
tion
of People Act,?
If so,
whether the;
petition is liable to be dismissed on that ground?"
401
!SSU£ NO. (1)
Tt was argued by Mr Shantaraju, 'earned Counsel
for Respondent No. 2, that the Returning Officer is
neither a necessary nor a proper party to the present
proceedings.
Ho contended thut Sec. 82 of the
Representation of People Act, 1951 was sn exhaustive
provision and did not permit any porson other than
those referred to therein as party respondent to an
Ejection Petilion. The Returning Officer-Responded
No. 1 was therefore improperly joined as e party
and deserved to be deleted from the array of respon-
dents.
Reliance in support was placed by
the
learned Counsel upon the decisions of the Supreme
Court in JYOT[ BASU AND OTHERS Vs. DEBI
GHOSAL AND OTHERS (AIR
1982 SC 983}
B. SUNDARA RAMI REDDY Vs. ELECTION
COMMISSION OF INDIA AND OTHERS [1991
Supp (2) SCC 624] and SUBHAN KHAN Vs. J H
PATEL AND OTHERS [1995 (3) KLJ 559J.
In Jyoti Basu's case (supra), the Apex Court
declared that no one may be joined as a parly to an
Ejection Petition otherwise than as provided by
Sections 82 and 86(4) of the Act
The Court held
that betides Sections 82 and 86(4) of the Act, there
is no other provision dealing with the question as to
who may be joined as respondents and that while a
candidate not already a respondent may seek his
addition and may be joined as a respondent, any
other person cannot do so even
if allegations of
corrupt practice are made against him. The contest
of an election petition, declared the Court, was con-
fined to the candidates at the election excluding a!!
others.
The Court observed: —
"The ring is closed to all except the petitioner
and the candidates at the election. If such is ihc
design
of
Hie
statute,
how
can
the
uotion of 'proper parties' enter the picture
at
all?
We think that tbe
concept
of
'proper
parties' is and must remain alien to an election
dispute under the Representation of the People
Act, 1951. Only those may be joined as respon-
dents to an election petition who tire mentioned
in S.82 and S.86(4) and no others.
However,
desirable and expadient it may appear to be none
else shall be joined as respondents."
Even in Sundara. Rami Reddy's case relied upon
by Mr. Sh antharaju, the Court reiterated that the
concept of a 'proper party' is must remain alien under
the Representation of the People Act, 195J.
The
Court held:-
"The concept of 'proper party' is and must
remain alien to an election dispute undor the
Representation of the People Act, 1951
Only
those may be joined as respondents to an election
petition who are mentioned ;n Section K2 and.
Scjlion S6;l) .I'tJ..IM oi'nen
Hnvjver desirable
and expedient it may appear to be, none else
shall be joined as respondents."
To the same effect is the decision of this Court
in Subhan Khan's case, in which Krishna mocrtby,
J., while examining a similar question expressed
doubts about P A SHRECDHAR SHANAI Vs.
CHIEF ELECTRORAL OFFICER [FLR 1990 KAR
2622] stating the correct legal
position after the
declaration of the law by the Supremo Court in B
Sundara Rama ReddyVcase (supra)
I am cons-
cious of a recent decision of a Simple Bench of this
Court in K S ESHWARAPPA Vs. H M CHANDRA-
SHEKARAPPA AND OTHERS [ILR 2001 KAR
1878], in which the Court appears to have relied upon
the decision in P A Shrecdhara Shanaj's case while
holding that a petition in which a party other than
those permitted by Sec 82 of the Act is impleadcd
cannot be dismissed on the ground of misjoindor only.
That decision eanuot in my opinion be understood to
be laying down a proposition contrary to what has
been held by the Supreme Court in Jyoti Basu and
Sundara Rama Reddy's cases (supra).
The ratio
of the decision simply is that while failure to implead
a party who is a necessary party under Sec. 82 may
be fatal, the improper joining of ;i paity outside the
requirement of that piovision cannot entail dismissal
of the petition.
The argument of Mr Gangi Reddy
that the Returning Officer for the election was a
proper party having regard to the nature of the alle-
gations made in regard to the counting of votes
must accordingly fail and is hereby rejected.
ISSUES NOS. 2 AND 3
It was contented by Mr. Shantaraju, Counsel
appearing for the elected candidate that the Election
Petition docs not disclose any cause of action and
was therefore liable to be rejected in terms of Order
7 Rule 11 of the C P C . He submitted that Sec. 83
of the Representation of the People Act requires
every Election Petition to contain a concise statement
of the material facts on which the petitioner placed
reliance. The averments made in the present Peti-
tion did not, argued the learned Counsel, satisfy tho
said mandatory requirement and therefore failed to
disdose any cause of action rendeiing the Petition
liable to be rejected at the threshold.
On behalf of the Petitioner, Mr. Gangireddy
argued that the averments madejn the Petition were
sufficient to disclose a full cause of action and that
the particulars that may have been initially deficient
may be allowed to be incorporated by way of an
amendment, for which purpose the
petitioner has
made a separate application-
He argued
that the
contents of the petition sufficiently satisfied the
requirement of law which could not be thrown out
at the threshold.
402
THE GAZETTE OF INDIA : NOVEMBER J7, 2001/KARTIKA 26, 1923
[PART If—Sue. 3(Hi)J
Sec. 83 of the Representation of the People
Act inter uJia provides that an Election Petition shall
contain a concise statement of material /acts
on
which
the petitioner
relies. Judicial pronounce-
ments as to what constitutes "material fuels" and
what is ihe effect of non furnishing of such facts are a
legion.
Reference to all those decisions is in my
opinion unnecessary for tho legal position is autho-
. ritatively settled by the decisions of the Supreme
. Court to which I shall birefly refer.
In SAMANT N BALAKR1SHNA ETC. Vs.
GEORGE FERNANDEZ AND OTHERS ETC.,
[AIR 1969 SC 1201], the Supreme Court held that
Sec. 83 of the Act was mandatory and that a Peti-
tion, which did not contain material facts was not
election petition at all. The Court observed tha
material facts constitute the cause of action foT the
filing of the Petition and that omission of a single
material fact would amount to an incomplete cause
of action.
The following passage from the decision
is apposite: —
"Section 83 is mandatory and requires the
election petition to contain first a concise state-
ment of'.material facts and then requires the fullest
possible particulars. The word 'material" shows
that the facts necessary to formulate a complete
cause, of action must be stated.
Omission of a
single material fact leads to an incomplete cause
of action and the' statement of claim becomes
bad. The function of particulars is to present
as full a picture of the cause of action with such
further information in, detail as to make 1he oppo-
site party understand the cause he will have to
meel. There may be some overlapping between
material facts and particulars but Lhe to arc quite
distinct
An election petition without the material
facts relating to a corrupt practice is no election
petition, at all. A pethion which merely cites the
sections cannot be said to disclose a cause of
action where the allegation is the making of a
false statement."
IN
5ITENDRA
BAHADUR
SINGH
Vs.
KRISHNA BEHARI AND OTHERS [AIR 1970
SC 276], the Court was dealing with the question of
scrutiny of ballot papers in terms of Sec. 92 of the
Act read with Rule 93 of the Conduct of Election
Rules. The significance of material Tacts was noticed
by the Court in the following words :
"The basic requirements to b; satisfied before
an election tribunal can permit the inspection of
ballot papers, are (I) that the petition for setting
aside the election must contain an adeflUjite state-
ment of the material facts on which the petitioner
relief, in support of his case and {2) ihe tribunal
must b? pvima facie satisfied that in order to
decide the dispute and to do complete justice
b,'tween the parties, inspection of the ballot papers
is necessary.
The material facts required to be
stated are those facia which can be considered as
materials supporting the
alkgatior.u ivu.d*:."'
The Court further held that if the election peti-
tioner gavo some figures regarding rejection of valid
votes and acceptance of invalid votes, the same must
not b-i considered as an adequate statement of facts
if the petitioner has not disclosed in the Petition the
basis on which ha arrived at those figures. The Court
obsevercd :
"In other words they must be such facts as
to attbrd a basis for the allegations made in the
petition.
If an election potitionc in his election
petition gives some figures as to the rejection of
valid votes and acceptance of invalid votes, the
same must not be considered as an adequate
statement of material facts when the petitioner
has not disclosed in the Paition the basis on
which he arrived at those figures. His bald
assertion that he get those figures from tht count-
ing agents ol" the unsuccessful candidate cannot
afford the necessaty basis."
In BHELIRAM BHALAIK Vs. JA1 BEHARI
LAL KHACHI AND ANOTHER [AIR 1975 SC
288], the Court held that a Court trying the election
petition would be justified in ordering a recount or
pjimitting inspection of the ballot papers only where
all the material facts on which the allegations of
irregularity or illegality in counting are founded arc
pleaded adequately in ihe election petition.
Mere
allegations tha; the petitioner suspects or believes
that there has b^cn improper reception, refusal or
rejection of votes or there have
been
irrgu'aiities
in tho counting of bjllot papers will not b; sufficient
to support an order of recounting,
To the same effect is the decision of the Supreme
Court in BHABHI Vs. SHEO GOVIND
AND
OTHERS [AIR 1975 SC 2117], in which the Court
held that the allegations made against the elected
eandidaie must be clear and specific and must be
supported by adequate statement of material facts.
In UDHAV SINGH Vs. MADHAV RAO SCINDIA
[AIR 1976 SC 744], the Court declared that failure
to plead even a single material fact leads to an in-
complete cause of action and incomplete allegations
of such a charge are liable to be struck off under
Order VIRule J6 of the C.P.C
If ihe petition is
baseW sb*ely wv alterations which suffer from lack
of material facts, •thesame is liable to be summarily
rejected for want of a cause of aciiou.
403
In AZHAH. HUSSA1N Vs. RAJIV GANDHI
(AIR 1986 SC 1253], one of the questions Llxut arose
for considerations was whether :hc petition could be
rejected on the ground that it did not contain jnaterial
("acts keeping in view the fact that S ••:. 86 of t k Act,
which authorises dismissal of an 1_-l,;tioii p-tili'in in
certain contingencies did not p.-rmit dismissal on
ihc ground of violation of S^c 83. R/'pclliiv: the
argument that such a Petition could not be dismissed
under Sec. 86 of the Act, the court observed:
"An election petition can bo and must be
dismissed under the provisions of Civil P.C. if
the mandatory requirements enjoined by Section
83 to incorporate the material faUs and parti-
culars relating to alleged corrupt practice in the
election petition arc not complied
wi h. The
cinie of Civil Procedure applies to the trial of an
election petition by virtue of section. 87 of the Act.
Since C.P.C. is applicable, the Court trying the
election petition can act in exercise of the powers
of the Code including Order 6 Rule 16 ai d Order
7 Rule 11 (a). Threefore that Section 83 does
not find a place in Section 86 of the Act which
au'horises dismissal of election petitions in cer-
tain Contingencies, docs not rrteiin that pjwers
under the C.P.C. cannot be exercised. An elec-
tion petition can b ; summarily dismissed if it
does not furnish cause of action in exercise of the
powers under the civil P.C. and it is settled law
that the omission of a single material fact would
lead to an incomplete cause of action and that
an election petition withou the material facts relat-
ing to a corrupt p, aeticc is not an election petition
at all."
(emphasis supplied)
In
BHAGWATI
PRASAD
D1XIT
GHORA-
WALA Vs. RAJIV GANDHI [AIR 1986 SC 1534],
flic Court while reiterating the legal position stated
in the earlier decisions, declared that election, plead-
ings have to bo precise, spceifie ard unambiguous
and if the election petition does not disclose the cau^e
Df action, it should be dismissed in lknine.
The
Court observed thai if the allegations contained in
the Petition do not set out the grounds of challenge
is contemplated under Sec. 100 of the Aet and if the
illegations do not conform to the requirement of
Sections 81 and 83 of the Act, the pleadings ate liable
o be struck off and the election petition liable to be
ejected under Order VII Rule 11 of the C.P.C.
To the same effect is the decision of the Supreme
Jourt in V NARAYANASWAMY Vs. C. P. THIRU-
•JAVUKKARASU
AIR 2000 SC 694], where the
Sourt distinguished 'material facts' from 'material
arUculnrs' in the following words :
"There is diUcrence between "material factt"
and "material particulars."
While the luilurc
to plead material facts is fatal to the election peti-
tion the absence of material particulars tan be
cured at a latet stage by an appropriate amendment.
"Material facts" mean the entire bundle of iacts,
which would constitute a complete cause of ac-
tion and these must be concisely stated in the
election petition, i e., Cl (a) of sub-section (1) of
S:83. Then under C! (b) of sub-section (1) of
S.83 the election petition must contain lull parti-
culars of any corrupt practice
The particulars
are obviously different from material facts on
which the petition, is found_d."
The decision of the Supreme Court in MA-
HENDRA PAL Vs
RAM DASS MALANGER
AND OTHERS [AIR 2000 SC !6], reiterates the
legal position in simi'ar words.
To sum up ; (I) the provisions of Sec. 83 of tht
Representation of People Act are mandatory. Omis
sion of the petitioner to state material facts are re-
quired by the said provision is fatal
to the main
tainability of the Petition. (2) 'Material Facts1 ar e
diflernt from
the 'Material
particulars'.
While
the formci constitute the cause of action to maintain
the Petition, the later
can be provided, subject to
the condition that the material facts in regard to the
ground set up in the election petition have been
stated.
(3) The omission to state even a single ma-
terial fact constitutes an incomplete cause of action
justifying dismissal/rejection of the petition
at the
threshold
under
Order
VII
Rule
11
of
the
of the C.P.C. (4) If the ground urged in the pe ition
rehtes to improper reception or rejection of votes,
it it not enough to give some figures regarding the
said votes.
Any such figures eatmot be deemed to
be an adequate statement of material facts when the
peiitioner has not disclosed in the petition the basis
on which he had arrived at those figures. (,5) Bald
assertions that the petitioner got the figures from his
counting agents or the agents of other unsuccessful
candidates cannot aflcud a, legal basis.
He must
state as to who are the agents and what were the
serial numbers of the ballot appers on whieh they
had advanced their objection at the time of their
improper reception
or reaction
by the Returning
Officer.
It is time now to leveut back to the facts of the
case ia hand to determine whether the Petition satis-
fies the requirements of See. 83 of the Act and sets
out the material facts in support of the allegations
made and the grounds urged.
In para I of the petition certain general tact
are stated, which arc not indispute.
Para 2 of ilie
pe ition iuter
alia states that the Returning Officer
as rejected more than 30,01)0 votes
CJit m favour
404
THE GAZETTE Of fNDiA : NOVEMBER 17, 2001/KARTIKA 26, 1923
[PART II—SEC. 3(iii)]
of the petitioner on the recommendation of the Re-
turning Officers of the Assembly Constituencies,
without assigning proper reasons and without show-
ing the ballot papers to the "Election Agents" of the
petitioner.
In paras 3 and 6 of the petition, the
petitioner has alleged that maximum votes were re-
jected in Kollega!, Chamrajnagar,
Santhemarana-
ha!i and Gundlupet Constituencies, in which large
scale irregularities were committed in the counting
of votes. In para 4 of the petition the petitiner has
given particulars of the Assistant Returning Officers
and alleged that although, some of the "Election
Agents" of the petitioner had raised objections, the
same were not considered
while rejecting the votes.
In para 5 of the petition, the petitioner has alleged
that signature of the Returning Officer are not affixed
on the Ballot Papers as was required under Rule 56
of the Conduct of Election Rules and Section 100(1)
(d) (iii) and (iv) o( R.P. Act. It is also alleged that
the Votes cast in favour of the petitioner were mixed
with the bundle of the votes of the second Respon-
dent.
Para 7 of the petition relates to one ballot
' paper found in the School premises where Polling
Station No. 27, of Heggawadipura in Santhomarana-
halli village,
contituency was established.
Jt is
alleged that a case has beeu registered by the Police
and the matter is under investigation. Para 8, refers
to Representation made by the petitioner to the Re-
turning Officer, pointing-oui irregularities in the
rejection of votes and mixing of votes poflcd in his
favour with those cast in favour of the Respondent
which representation it is alleged was rejected mecha-
nically. Paras 9 to 18 give particulars of the votes
cast in favour of the petitioner and the second Res-
pondent in different grounds of counting. Para 19
alleges mixing of votes cast in favour of the petitioner
with those polled in favour of the second Respondent
and states that in each bundle of 25 ballot papers,
there were at least 4 to 5 votes cast in favour of th
petitioner that were mixed with thoso cast in favour
of the second Respondent- In para 20, the petitioner
has alleged that Counting Agents on Counting Tables
Nos 6, 10 and 14 of Kollegal Constituency, Counting
Table Nos. 2, 3 and 4 of Santhcmaranahalli As-
sembly Constituency and Counting Tables 1, 3 and 5
of Chamrajnagar Constituency had raised objections
regarding improper mixing of vote" and the rejection
of the votes which were noi. considered by the Re-
turning Officer.
In para 21, the petitioner alleges
improper mixing ol' voles in regard to table Nos. 1,
6, 10 and 12 of Chamrajnagar Constituency, Tables
1, 6, 10 and 12 of Kollcgal Constituency, Tables No.
2, 4, 8 and 9 of Santhemaranahalli Assembly Consti-
tuency and tables 4, 6, 7, R and 10 of Gundlupet
Assembly Constituency paras
22 to
25 reiterate
the said allegations. In para 26 the petitioner gives
certain fip.iiTcs which accoi'Oin:; <*-> him represent the
votes actually polled in his favour in I he Assembly
segments
refered
to
theiein.
Paras
27
and
28 allege that rejection and mixing of votes was con-
trary to law and had materially affected the result o
the election.
For the sake of clarity, the petitioner's gri-
evance as regards the improper reception
and
rejection of votes as also the irregularities in the
matter of counting of the votes may be summed
up thus
:
(1) More than 30,000 votes caste in
favour
of the pititioner have been rejected without
assigning proper
reasons
Most of these
votes
were
rejected
in
Kollegal
Cha-
marajanagar,
Santhemaranahally
and
GundJupct Constituencies.
(2) The rejection was made by the Returning
Officers
of
the
Assembly
Constituencies
who were not competent to do so.
(3) The rejection
of the
votes was not in
accordance with the procedure prescribed
by the Rules and without showing the
ballot ts to the election
agents
of
the
petitioner.
(4) The objections raised to the rejection of
votes in regard to Kollegal,
Santemara-
nahalli
Chamarajnagar
and
Gundlupet
Assembly Constituencies were ignored by
the
officials
concerned.
(5) The result of the election
was materially
affected
by reason
of
a proper
votes
polled in favour
of
the petitioner
with
those counted in favour
of
the elected
candidate.
(6) Rejected ballot papers do not have the
signatures of the Returning Officer affixed
to them as required under sec. 56 of the
Conduct of
Election Rules.
(7) The representation made by the pcttioner
seeking a recount was rejected
mechani-
cally.
The question then is whether the allegations
made by the petitioner in regard to the irregu-
larities set out above are supported by the material
facts required to be stated in terms of Sec. 83 of
the Representation of the People Act.
In so far as the petitioner's allegation
that
more than 33,000 votes cas; in his favour wore
rejected without giving any peroper resaons and that
large scale irregularities were committed in the
counting of votes, the petition does not disclose
the basis on which those allegations are made
nor does it provide the material iaots relevant
405
thereto.
The
allegitions
arc general
in
nature
and
blissfully
vague.
Simply
saying that
out
of the rejected votes more than 30,000 were polled
in favour o( the petitioner is of no consequence
in tile absence of supporting material facts relevant
thereto.
Similarly, the omnibus
allegations
that
tyrge scale irregularities were committed
in the
counting of votes or that the votes polled in
favour of the petitioner's were rejected
without
Assigning proper reasons does not meel the require-
ment ot Section 83 of the Act nor do the said
allegations give rise to a triable issue.
The next allegation is that votes were rejected
by
the
Returning
Officers
of
the
Assembly
Constituencies instead of the Returning Officer of
{he Parliamentary Constituency.
The absence of
Signatures of the Returning Officer of the Parlia-
mentary
Constituency, on
the rejected
Ballots
is also urged as a ground to challenge the Election.
The petition does not however make out a case for
interference with the result of the Election even
On the basis of the said allegations.
It is com-
mon ground that Election for the Lok Sabha and
the State Legislative Assembly were held together.
The Returning Officers for the Assembly Cons-
tituencies comprising the Parliamentary
Consti-
tuencies weie appointed as the Assistant Returning
Officers for the Parliamentary Constituencies.
The
power of the Returning Officer
in
regard
to
rejection of Votes are exercisable even by the
Assistant
Returning Officers,
appointed
for
the
Constituencies
concerned.
This
is evident
from
$ection 22 oi the R. P. Act, which reads :—
"(1) The
Election
Commission
may
appoint
one or more persons to assist any returning
officer in the performance ot his functions:
Provided that every such person shall
be (an Officer of Government or of a local
authority).
(2) Every
assistant
returning
officer
shall,
subject to the control
of the returning
officer,
be competent to perform all or
any
of
the functions
of
the
returning
officer
:
Provided
that no astistant
returning
Officer shall perform any of the functions
of the returning officer
which relate to
the scrutiny
of
nominations
unless
the
returning Officer is unavoidably prevented
from performing the said functions ."
The Assistant Returning Officer's were, therefore
entitled to perform
all
the
functions
of
the
Returning
Officer
except
those
relating
to
scrutiny of the nomination papers, which function
could be perform by them only, if the Returning
Officer was unavoidably held up. The rejection oc
the votes by the Returning Officers of the Assem-
bly Constituencies in exercise of their powers as
Assistant Returning
Officers of the Parliamentary
Constituencies, cannot therefore
be found
fault
with.
It follow* 'hat the absence
of the signa-
ture of the Returning Officer
on the rejected
Ballot Papers, would also be wholly immaterial
so long as the Assistant Returning Officers have
in keeping with the procedure prescribed by the
Rules signed by the rejected ballot papers.
That
the Assistant Returning Officers have signed the
rejected ballot papers is not disputed.
The result
is that the rejection of the ballot papers by the
Assistant Returning Officers of the Parliamentary
Constituencies, does
not
afford
tiny cause of
action to sustain the petition.
That brings me to the allegation that the
rejection of the ballot Papers was in violation of
the procedure prescribed by the Rules and without
showing them to the
"Election Agents"
of
the
petitioner.
It was argued
by Mr.
Shantaraju,
Counsel for
the second
Respondent
tint
the
question of showing the ballot papers to the
"Election Agents" of the petitioner did not arise
having regard to the fact that the petitioner like
all other candidates was entitled to appoint only
one "Election Agent". Section 40 of the R. P. Act,
entitles every candidate to appoint any person
other than himself to be his "Election Agent".
Section 45 provides that an "Election Agent", may
perform such functions as may be prescribed. There
is therefore
no gainsaid that the question of
petitioner appointing more than one person as
"Election Agents" did not arise. The averment that
the Ballot Papers were rejected without showing
the same to
the
"Election
Agent"
of
the
petitioner is thus clearly mis-placed.
What the
petitioner obviously means to say is that the
votes were rejected without showing them to his
"Counting Agents" appointed under Section 47
of the Act.
Even if we ignore
the confusion
which the
petitioner
appears to be
suffering
from, the question
is
whether
the
allegation
regarding
rejection
of
the
Votes contrary to
the
procedure
prescribed
by
the Rules, and
without showing the Ballots to the "Counting
Agents" can be said to provide a cause of action.
Tn so far as the violation of the procedure pres-
cribed by the Rules is concerned, the
Election
Petition does not give any details whatsoever.
All that is stated is that the rejection w.i^ con-
trary to the procedure prescribed by the Rules,
The petition ought to have set out
h? materi il
facts in regard to the alleged violation wlvch the
petitioner had in mind while making the
said
allegation.
SinJlaily the allegation that the Votes
406
THE GAZETTF. OE INDIA : NOVEMBER IT, 2001/KARTIKA 26, 1923
[PART TI—SEC. 3^iBl
were rejected without showing the same to "Elec-
tion Agents" ("Counting Agents") is also bereft of
any material (acts, The petition does not indicate
the number of votes that were rejected without
showing the same to the "Counting
Agents"
concerned nor does the petition give the names and
Par'iculars o!" 'he "Conn ing Agci's" concerned
or ihc Assembly segmen1 in rob'ion
o which
such alleged irregularity
was
committed.
The
general allegation that ballots were rejected without
showing the snme to the ''Counting Agents" of
the petitioner,
would
not
therefore
meet
the
requirements of Section 83 especially when the
petitioner does not disclose the basis on which the
said allegation is made.
Coming then to the rejection of Votes polled
in
Kollegal,
Santhemaranahalli,
Chamrajnagar
and Gundkipet Assembly Constituencies, all that
the petitioner has stated is that the
"Counting
Agents" in respect of some of the counting Tables,
for the said Assembly Constituencies had raised
objections regarding improper rejection of votes,
which
were not
considered
by the
Returning
Officer.
The petition does not however state the
requisite facts in regard to the nature of objections
and the number of votes that were rejected on
each one of the tables referred to by the petitioner.
As observed by the Supreme Court in JITENDRA
BAHADUR SINGH vs. KRISHNA BEHARI &
OTHERS /AIR 1970 SC. 276/ even if. the petition
gives certain figures as to the rejection
of
the
valid votes and acceptance
of invalid votes, the
same cannot be considered as an adequate statement
of mateijal facts if the petitioner does not dis-
close the basis on which he
anived
at those
figures
A bald assertion that those figures were
obtained from the
"Counting
Agents" of the
unsuccessful candidates cannot declared the Court
afford
the necessary
basis.
In the instant eases the petitioner
has not
even given the figures of
the votes
rejected
improperly and despite objections raised by the
Counting Agents on his behalf. The allegation is
much too vague to give rise to a cause of ae'ion.
As to how many votes were rejected and what
were
the
objections
that
were
raised
against
lejocHon
thereof
has
not
been disclosed.
The
allegation therefore remains unsupported
by the
material lacts requisite for making out a triable
case.
The position is no different in regard to the
allegation of the
petitioner
that
votes
polled
in his favour
were
counted in favour of the
elected candidate.
Even here, the allegation is
totally vague and general in nature.
What the
petitioner states is
thai
with
every
bundle
of 25 baJlot papers 4-5 votes polled in his favour
were mixed with the votes polled in favour of
the second Respondent correspondingly reducing
the number of votes polled in favour
of the
petitioner.
The
allegation
is
that
objections
regarding the improper mixing of votes in regard
to certain' Counting Tables for Kollegal, Chararaj-
nagar, Santhemaranahalli and Gundlupet Consti-
tuencies
were raised
by the
Counting Agents
but ignored by the Returning Officer.
The peti-
tioner does not however give any details as to
the number of votes that were so mixed on each
one of the tables referred to by
the petitioner
and the basis on which the
allegation regarding
improper mixing has been made.
In the absence
of
material
facts
supporting
the allegation of
improper mixing it is
difficult to sec
hovv th<
petitioner can claim a cause of action to maintain
this petition.
Last but not the least
is
the
allegation
regarding mechanical rejection of the Represen-
tation made by the
petitioner
in
which
the
petitioner claims to have pointed out the irregu-
larities
in
the
improper
reception
rejection
and mixing up
of votes in course of counting,
A copy of the
Representation
filed by
the
petitioner has been produced as ANNEXURE-D
to the petition.
The English translation of the
Representation
furnished
by
Mr.
Gangireddy.
Counsel for the petitioner reads as under ;
"From :
S. Siddaraju,
Candidate (Congress)
15 Chamrajanagar Parliamentary Constituency,
No. 2358, 'G' Block,
Adichunchanagiri Road.
Mysore.
To :
The Election Presiding Officer,
15 Chamrajanagar Parliamentary,
Constituency, Chamrajnagar.
Sir,
The counting of votes for the 13th Parlia-
mentary election took place on 6-10-1999, T have
doubt and suspicion in counting votes, because
the votes polled for Assembly constituencies and
Parliamentary constituencies
are not
tailing.
There are variation and differences in polled vote
and while deciding the invalid votes, the votes
polled in favour (Hand symbol) are rejected.
And
while making the bundle of 25 votes counted
votes, the votes polled in my favour were mixed
up in the bundle of other candidates, artd counted
in their favour,
T have a doubt and suspicion
in counting votes. I feel injustice is caused to me
407
for the reasons stated above.
Hence, I request
you to order for recounting of votes of Chamara-
janagar Parliamentary constituencies.
Dated : 7-10-1999.
Yours truly,
Sd/-
Tt is evident from the above that the Representa-
tion did not contain any allegation regarding votes
being rejected by Officers not competent to do so or
regarding votes being- rejected in violation of the
procedure prescribed^ by the Rules and without show-
ing the ballot papers to the Counting Agents con-
cerned or votes being rejected despite objections
raised by the "Counting Agents" in KoUegal, Santhe-
rharanahaHi, Chamarajanagur and Gundlupet Assem-
bly Constituencies or 4 to 5 votes polled in favour
of the petitioner being mixed'with the bundle o\' i ^tes
polled in favour of the successful candidates.
The
Representation is, based on doubts which the petitio-
ner entertained regarding the counting of Votes and
rejection of those that were polled in his favour.
In
the absence of any specific allegation suggesting any
irregularity in the counting process, the Returning
Officer was justified in rejecting the request for a re-
count.
Inasmuch as the Re-count applied for by the
petitioner was declined the Returning Officer did not
in my opinion commit any illegality or impropriety
to affect the validity of the result declared by him.
As a matter of fact, the absence of any one of the
allegations now made in the Election Petition chal-
lenging, the validity of the-counting and the result,
clearly shows that the petitioner did not on the date
of the counting have any reasonable ground to ques-
tion the result of the counting process as such. Even
if the allegations now made in the petition arc taken
on their face value, the same fall short of the require-
ments of Section 83 of the R. P. Act, and therefore
do not provide a cause of action to the petitioner to
maintain the present petition.
Mr. Gangi Reddy, however, argued that the
deficiencies in ihe petition could be removed by
permitting the petitioner to amend the same. He
submitted that the application made by the petitioner
for amendment could be allowed and the particulars
set out therein allowed1 to be incorporated; which
would provide a cause of aotion to the petitioner.
There is in my opinion, no merit in that contention
either. The legal position as settled by the decisions
of the Supreme Court referred to earlier makes a
distinction between material facts the absence whereof
would result indismissal of the petition for want of
cause of action and material particulars that could
be provided if not originally set out in the petition.
As stated by their Lordships in V. NARAYANA
SWAMY's case/AIR' 2000-SC. 694/. while failure to
plead • material facts is fatal to ihc Election Petition,
the absence of maierial.partic-ulars can be cured at a
later stage by an appropriate amendment,
Since
3440 GI/2001—2
the petition as drawn up by the petitioner has been
found to be lacking in material facts, there is no
question of the petitioner infusing life into the same
by way of an amendment.
Even Mr. Gangiroddy,
was fair enough to concede that material facts could
not be introduced by way of an amendment while
material
particulars
could
be
provided.
He
therefore described the Amendment Application as
an attempt to provide material particulars and not
material facts which according to him were already
set out in the petition.
Since that submission has
not been found to be correct, there is no room for
granting the application for amendment to bring in
material particulars.
Issues No. 2 and 3 are accordingly decided against
the petitioner.
Issues No. 4 and 5 :
Keeping in view my findings on Tssues 2 and 3,
above, 1 consider it unnecessary and academic to
deal with Issues No. 4 and 5.
In the result, this petition is liable t
be rejected
in terms of Order VII Rule 11 of C.P.C. read with
Section 83-of the R. P. Act. The same is accordingly
rejected with costs assessed at Rs. 1,000 to be paid
out of the security deposit made by the petitioner.
The balance shall be refunded to the petitioner.
The Registry shall take steps for communication
of this Order to the Speaker of the Lok Sabha and
Election Commission, m terms of Section 103 of the
Representation of the People Act.
Sd/-
Judge
TN THE HTGH COURT OF KARNATAKA AT
BANGALORE
ELECTION PETITION NO. 21/1999
BETWEEN :
A. Siddaraju, Major
R/o. No. 2358; T Block,
Adich LiTtchanagiri > Road ;
Kuvempunagar, Mysore,
Petitioner
(By Sri G. Gangi Reddy, Adv.)
Vs.
\. Returning Officer No. 15,
Chamarajanagar.
Lok Sabha Parliamentary Constituency,
Chamarajanagar, and
The Deputy Commissioner,
Chamarajanagar Distt,
108
THE GAZETTE OF INDIA : NOVEMBER 17 2001/KART1KA 26, 1923
[PAUT II— 5i:c. 3(iii)]
2. V. Srinivasa Prasad,
S/o. Venkataiah, M.P.,
Major, R/o. No. 91, Bheeniasandn,
7th Main, Jayal.ikshmipuiam,
Mysore-12.
3. H. Govindaiah.
Deputy Registrar of Evaluation.
Karnataka Open University,
Manasaganjrotri.
4. M. K. Kcmpe Sidduiah, Major,
No. 412, 4th 'A' Main Road,
3rd Stage, Basuvc-waranaear.
Bmg:.ilore-79.
5. Vitharavadi Mantalingaiah,
President, A.J.M.S.,
(iandhinagar, My .ore.
Respondents
The Go\r. Adv. IVr R- I,
G. V. Shantluiniju Tor R-j,
Respondents 3 to .1 are placed evparle v/o.
' tit, 24-6-2000,
DECREE IN liLECTIOM PETITION
This Election Petition filed n/s. SI of the Repre-
sentation
' the People Act, i9.S!, by the Petitioner-
candidate at 1999 General Election to the Lok Sabha
from No. 15, Chamarajaiiagtir P.nliamcntary Consti-
tuency held on 11-9-ISW0 praying that this Hon'ble
Coi'rt be please.I to ;
1.
Call for the concerned records, order for
production of the Ballot Papers including the
rejected votes and puss for orders, for recount
as deemed fit, in the interest of Just'ce.
2.
Declare the election of 2nd Respondent as
void and thereafter declare the Petitioner is
elected as M.P. for the Parliamentary Section
15 of Chamarajanagar in Karnataka State,
in the interest of Justice and equity.
i
This Election Petition coming up for orders, on
l.As. I to V regarding [.As. I and III for deletion
of Respondent No. 1 from the Election Petition,
l.A. 11 for striking out the Paragraphs 2 to 22 in the
Election Petition and for dismissing the Election
Petition, T.A. IV and l.A, V for amendment of the
Election Petition, between 9-6-2000 to 30-3-2001 and
for Pronouncement of orders on 20-4-2001 in the
presence of Sri G. Gimizi Reddy, Advocate for Peti-
tioner and the Go\ jnii.iL,.t Advoeiue for Ites'pjoJjnt
No, 1 and Sri G. V, Shantharajn, Advocate for
Respondent No. 2 and Respondents 3 to 5 having
been placed ev-parte v/o duted 24-6-2000 and for
the reasons stated in the order, it is ordered and
decreed that the Election Petition be and the same
is hereby dismissed.
And it is further ordered and decreed that the
C'osU assessed at Rs. 1,000 to be paid out of the
Security Deposit made by the Petitioner to the 2nd
Respondent. The balance amount shall be refunded
to the Petitioner.
Sd/-
Ree.istrar (Judicial)
[No- K2/KT-HP/21/99/2O01]
By Order,
BABU RAM, Secy.
4-)?
410
THE GAZETTE OF IN1>J A : NOVF.MBKR 17, 2001/KARTtKA 26, 1923
[PART IT—SEC. 3(iii)]
ORDER
New Delhi, the 7th Novetnbcr, 20)1
O. N. 147.—Whereas, the Election Commission is satisfied thai ||cach
of
the
contesting
candidates
specified in column (3) of the Table below at the General Election to the .Tamil Nadu Legislative Assembly
2001, held from I he Constituency specified in the column (2) against his/her
name has failed to lodge
an account of his/her election expenses as mentioned 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 aay reason or explanation
for the said
failures even aficr due notice to each of them and the Election- Cofamission is satisfied that
they have no
good reason or justification
for the said failure;
Mow, therefore, in pursuance of Section 10A of the said Act, the Election
Commission hereby
dtcli j< f-
the persons specified in column (3) ofihe Table below to b2 (disqualified for being chosen as and for beinjj,
a member of either House of the Parliament or Legislative Assembly or Legislative Council of a State for
a period of 3 years from the date of this Order.
TABLE
SI.
No.
1
I.
2.
3.
No. & Name of Assembly
Constituency
2
15-Gummidipoondi
16-Ponneri (SC)
18-Villivakkam
Name & Address of the
contesting candidate
3
Nedunchanzhian, E,
Vadamadurai,
Village Uthukottai
Taluk,
Tamil Nadu.
Rathinam, A.D.,
4, Valluvar St.,
Arani, Ponneri Taluk,
Tamil Nadu.
Abubakkar M.,
35/39, Angamuthu Nagar,
1st St., Piidj,
Chennai-50
Tamil Nadu.
Reason
for
disqualification
4
Accounts not lodged at alli
-do-
-do-
411
1
4.
5.
6 .
2
28-Poonaimallee
30-Tiruttani
3i*Pallipattu
3
Gouthaman, C. N. A.,
Old No. 12 B,
(New No. 27 B),
4th West, Cross Street,
Sheuoy Nagar,
Chen.nai-30
Til mil Nadu.
1. Chandrababu, P. S.,
S/o Subramanian,
Kodivalli Village,
[llupur Post,
631-204 Via,
Kanakammachatram,
Tirultani Taluk. ,
Tamil Nadu.
2. Thiyagarajan, T. M.,
S/o Munlrathmam,
2/32, B. Saraiathi St.,
ThimvaUmgadu-631210,
Timttani Taluk,
Tamil Nadu.
3. Jayaraman, A.,
S/o M. Arumugam,
72A, Thattankulum Pudur,
Tiruttani Town,
Timttani Taluk-631209
Tamil Nadu.
I. Sankaran, G.(
Nodiyaiii Village & Post,
Paltipattu Taluk,
Tiruvallur District,
Tamil Nadu.
2. Thiruvengadam, A. K.,
4/401, Dr. Ambedkar StretJ,
Vanganoor,
Village &Post,
Pallipattu Ttiluk,
Tiruvallur District,
Tamil Nadu.
3. Panchatcharam, D.,
Somasamudram Colony,
Sholinghur Post,
Walaja Taluk,
Velio re District,
Tamil Nadu.
4. Vinayagam, P. A.,
Mettu Street,
Buchircddy Palli,
Village & Post,
Tiruttani Taluk ,
Tiruvallur District,
Tamil Nadu,
4
Accounts not lodged at all.
-dc-
-do-
-do-
-do-
-do-
-do-
-do-
412-
THE GAZETTE OF TNDTA : NOVEMBER-17, 2001/KARTTKA 26, 1923
[PART IT—SE'C. 3(rii)]
1
7.
i
J97-Il]angudi
3
1. Maliraju, M.,
GunappaiiciicLal (P.O.),
fmaneswaram (via),
lllayangudi Taluk,
Tamil Nitdn.
2. Rasool Khan. P. M. K.,
5, Pakkir Rowther St.,
lllayangudi,
Tamil Nadu.
4
Accounts not lodged at all.
-do-
[No. 76/TN-LA/200 1]
By Order,
BABU
RAM,
Secy.
413
ORDER
New Delhi, the 7th November, !00l
O.N, 148-—Whereas, the Election Commission is satisfied that each of the contesting cnudjdatis specifxd
in column (3) of the Table below at the General Election to the Kerala Legislative Assembly, T01, held frrm the
Constituency specified in the.column (z) against his/her name has failed to ledge an account of his/her election
expenses as mentioned in celumn (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 cither not furnished any reason or explanation for the said fnilures
even after due notice to each of them and the Election Commission is satisfied that they have no gcod reas( n o-r
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 disqalified for being chosen as and for being, a member of
either House of the Parliament or Legislative Assembly or Legislative Council of a State for a pcried of 3 years from
the date of this Order.
TABLE
SI.
No
1
1,
2.
No. and Name of Assembly
i.
Constituency
I
16-North Wayanad(ST)
29-Kalpetta
Name and Address of the contesting
candidate
3
Paleri Raman,
PaJeri (H),
Makkiyadu Post.
Vellamunda (via)
Kerala
1. Bijii,
Kottayadokolly (H),
Check kallor,
Kaniyambetta, P.O.
Kerala
2, Ramchandran,
Kannankott,
Ruttakkolli,
Kalpetta,
Kerala.
3. Hamza,
Korankunnan (H),
Kambalakkad Post,
Wayanad,
Kerala,
Reason for disqualification
4
Accounts not V dged at all
-do-
-do-
-do-
414
THE GAZETTE OF INDIA: NOVEMBER 17, 2001/KARTIKA 26, 1923
[PAIW TF—Si-c. Viifr]
1
3.
2
30-Sulthan Bathery
3
V.T. Appachan,
Vadakkethil,
Chamappara,
Seetliamount (P.O.)
Kerala
4
Accounts not> lodged at all,
[No. 76/KL-LA/2001]
fly Order,
BABU RAM. Secy.
415
3440 GI/2001—3
416
THE GAZETTE OF fNDTA : NOVEMBER"17, 2001/KARTIKA 26, 1923
[PART I[i-Sbc. 3(fii)]
ORDER
New Delhi, the 7th November, 2001 •
O. N. 149. -Whereas, the Election Commission is satisfied that each of the contesting candidate specified
in column (3) of the Table below at the General Election to the West Bengal Legislative Assembly, 2001 held from
the Constituency specified in column (2) against his name has failed tolodge anyi account of his election expenses or
has failed to lodge his account of election expenses in the manner required, bylaw 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 or explanation for the said failure even
after due notice or the Election Commission after considering the representation made by them, if any, is satisfied
that they have no good reason or justification for the said failure;
Now, therefore, in pursuance of section 10A o(~ the said Act, the Election Commission hereby declares
the pesons specified in column (3) ofthe Table below to be disqualified for being chosen as and for being;a member
of either House ofthe Parliament or the Legislative Assembly or Legislative Council of a Staie/Union Territory lor
a period of three years from the date of this Order
TABLE
s.
No.
1
1.
2
3.
4.
5.
6,
Number and Neme of
Assembly Constituency
4—Cooch Behar North
26—Phansidewa (ST)
79—Hahskhali (SO
81—Rannghat West
81—Ranaghat West
83—Haringhata
Names of contesting candidaies
3
Sh. Prakash Roy
Magazine Road,
P.O. -t District: Cooch Behar,
West Bengal.
Sh. Cornelius Tigga
Churnidangi, Chathat bansgaon,.
P.O. & P.S. Phansidewa,
Distt. Darjeeling.
West Bengal.
Ms. Amrita Sarkar
Vill : Hemayctpur,
(Mathnarayarpur),
P.O. Shibnarayanpur,
P.S. Dhantals,
District Nadia,
West Bengal.
Sri Dipankar Biswas
Cospers Notified Area,
D Block Ward No, 3,
Distriet Nadia,
West Bengal.
Sri Swapan Dutta
Vill. + P.O. Panpara,
District Nadia,
West Bengal.
Sh. Paresh Mondal
Vill. + P.O. Chanduria,
District Nadia,
West Bengal.
Reason for disqualification
4
Account not lodged at all
Account not lodged at all
Account not lodged at all
Account not lodged at all
Account not lodged at all
Account not lodged at all
• 417
1
7.
8.
9.
10.
11.
12.
2
83—Haringhata
130—Bhatpara
130—Bhatpara
130—Bhatpara
293—Nalhati
293—Nalhati
3
Ms. Shefali
Haider
V ill. + P.O. Chanduria
District Nadia
West Bengal.
Sri Narendra Pratap Mishra
2B, Prince Rahimuddin Lane,
Kolkata-700033.
Sri Ajay Biswas
29/4/1 Kabin Rd.,
P'.O. Jagatdal 24 Pgs (N)
Kolkata-743125.
Sri Ramesh Shaw
55/1, Atchala Bagan Road,
Jagatdal, 24 Pgs (N),
743125.
Dr. Jayprakash Chakrabarti
Nalhati Medical Centre,
•ftO. Nalhati (T.S.)
District Birbhum.
West Bengal.
Sri Bhanjan LcL
Vill.JBanti,
1 P!O. Bautia,
District Birbhuin.
West Bengal.
4
Account not lodged at all
Account not lodged at all
Account not lodged at all
Account not lodged al all
vAccounl not lodged al all
'•Account not lodged at all
[No. ;76/WB-LA/2001
By •Order,
' GHANSHYAM KUOHAR, Secy.
418
THE GAZETTE OP INDIA : NOVEMBER 17, 200J/KARTIKA 26, 1923
[PART II—SEC. 3(iii)jJ
419
ORDER
New Delhi, the 7th November, 2001
ON, 150,—Whereas, the Election Commission is satisfied that each of the contesting candidate specified
In column (3) of the Table below at the General Election to the Orissa Legislative Assembly, 2000 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 Jaw as shown in column (4) of the
said Table as required by the Representation o( the People Act, 1951 and the Rules made thereunder; and
Whereas, the said candidates have either not furnished any reason or explanation for the said failure even
after due notice or the Election Commission after considering the representation made by them, if
any, is
satisfied that they have no good reason or justification (or the said failure;
Now, therefore, in pursuance of Section 10A of the paid Actt the Election Commission hereby o'ocJarc?
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 Counci] of a State/Union Terrilcry
for a period of three years from the date of this Order.
TABLE
s.
No.
1
1.
2.
Number and name of
Assombly Constituency
2
94—Nawapara
94—Nawapara
Names of contesting candidates
3
Sh. Giinanath Joshi,
AT/P.O. : Nuapada,
P.S_ : Nuapada,
District : Nuapada,
Orissa.
SL Jeerakhan Majhi,
AT : Chalmunda,
RO, : Khariar Road,
P S. ; Jonk,
Distt : Noapada,
Orissa.
Reason for disqualification
3
""
Account not lodged at all.
Account not lodged at all
4!J
THE GAZETTE OF INDIA : NOVEMBER 17, 2001/KARtIKA 26, 1923
[PART T I ^ S E C . 3(iifj]
1
3
4.
5.
6.
7.
8
9.
10.
11.
12.
2
111—Balarjgir
138—Biramitrapur (ST)
138—Biramitrapur (ST)
139—Rourkela
139->Rourk«!a
139—Rourkcla
140^-Raghunalhpali
140—Ragbunathpali
140— Raghunathpali
140—Raghunathpali
2
Sh. Bcnimadhab Hota,
AT/P.O : Loogaon,
P.S : Tusra,
District: BaJangJr,
Orissa.
Sh. Sukdcv Pradhan,
AT : Madhupurt
P.O. : Limda,
P.S. : Bisie,
District : Sundaigai-h,
Orissa.
Sh. Danie! Lugun,
Qr No. B/220,
Sector J4,
Rourke]a-9,
District : Sundargarh,
Orissa.
Sh. Pravat NaJini Mohanty,
Qr. No. B/116,
Sector-20,
RourkcJa,
Orissa.
Sh. Subash Dwivedi,
•Qr. No. C/J15,
Sector-2,
Rourkela,
Orissa_
Sh, Devika Mahato,
B/386, Koelnagar,
Rourkcla-J4,
' 'Oriss;'.
Sh. Johnson Anil Bhengra,
Fcrtjjizer Town,
Qr. No. C/23I>
Rourkela
769007,
Orissa.
Sli. Ignace Tirkey>
AT/P.O. : Jhirpani,
Rourkela,
Distiicl : Sundargarh,
Orissa.
Sh. Kishore Chandra Naik,
Vi!!. : Gopapali,
P O. : Vedvyas,
District : Sundargarh,
Orissa.
Sh. Sura Oram,
Vil!./P.O. : Jhirpani,
District : Sundargarh,
Orissa
4
Account not lodged at a1!
Account not lodged at aJL
Account not lodged at all.
Account not lodged at all.
Account not lodged at aJl.
Account not lodged at a!J
Account not lodged at all
Accountnot Ibdged at all.
Account not lodged at all.
Account not lodged at all.
421
1
}
14
2
i n
- i ) i i
( i r i
.
141—Bonai (ST)
3
Sh. Baikuntha Daiei,
AT/P 0 : Jhirdapafii,
District : Sundargarh,
Orissa
Sh. Basudev Kishan,
AT : Hatikucha,
P.O. : Gopna,
District : Sundargarh,
Orissa.
4
Account not lodged at all
Account not lodged at alt.
[No. 76/OR-LA/2001]
By Order
GHANSHYAM KHOHAR, Secy.
Printed by the Mwajier, Ciovl. of India Press, Rind Road, New Delhi-110064
ard Puhliihed by the C'Outroller of Pwblicatigns, Pelhi-] 10054. 2001