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4 (ELECTION COMMISSION OF INDIA --------
ORDER
1 September, 2021 / 10 Bhadrapada, 1943 (Saka)
No. JKD-LA/ES-I/78/2019-- WHEREAS, the General Election to Jharkhand Legislative Assembly 2019 was announced by Election Commission vide Press Note No. ECI/PN/102/2019 dated 1st November, 2019. As per the schedule, the date of Counting was 23rd December, 2019.
AND WHEREAS, as per Section 78 of the Representation of the People Act, 1951, every contesting candidate has to lodge a true copy of his account of election expenses within 30 days with the District Election Officer, concerned from the date of election of returned candidate;
AND WHEREAS, the result of the said election was declared by the concerned Returning Officer including 78-Chhatarpur (SC) Assembly Constituency in Jharkhand State on 23rd December, 2019. As such the last date for lodging of account of election expenses was 22nd January, 2020.
AND WEHREAS, as per the report vide letter No. 61 dated 29th January, 2020 submitted by the District Election Officer, Palamu Jharkhand and forwarded by Chief Electoral Officer, Jharkhand vide letter No. 01/, dated 3rd February, 2020, Sh. Naresh Kumar Bharti, a contesting candidate of Samajwadi Party from 78-Chhatarpur (SC) Assembly Constituency in Jharkhand State, has failed to lodge any account of his election expenses as required by law.
AND WEHREAS, on the basis of the reports of the District Election Officer Palamu, Jharkhand and the Chief Electoral Officer, Jharkhand a Show Cause Notice, dated 2nd March, 2021 was issued by Election Commission under Sub Rule (5) of Rule 89 of the Conduct of Election Rules, 1961 to Sh. Naresh Kumar Bharti for non-submission of Election expenses;
AND WEHREAS, as per Sub Rule(6) of Rule 89 of the Conduct of Election Rules, 1961, through the above said Show Cause Notice, dated 2nd March, 2021, Sh. Naresh Kumar Bharti, was directed to submit his representation in writing to the Commission explaining the reason for non- submission of accounts and also to lodge his accounts of election expenses/rectify the defects in his accounts and submit the same to the District Election Officer concerned within 20 days from the date of receipt of the notice;
AND WEHREAS, the said notice was received by Wife of Sh. Naresh Kumar Bharti, on 7th April, 2021. Acknowledgment receipt obtained from the candidate have been submitted to the Commission by District Election Officer, Palamu vide his letter No. 470/dated 28th June, 2021.
AND WEHREAS, in the supplementary report submitted by District Election Officer, Palamu vide his letter No. 470/dated 28th June, 2021 it has been stated that Sh. Naresh Kumar Bharti has not submitted any representation or his account of election expenses, duly signed along with original vouchers etc. till date. Further, he has furnished neither any reason nor explanation for the said failure even after receipt of the due notice to the Election Commission of India as well;
( 5AND WEHREAS, the Commission is satisfied that Sh. Naresh Kumar Bharti, has failed to lodge an account of election expenses and has no good reason or justification for the failure;
AND WEHREAS, Section 10A of the Representation of the People Act, 1951 stipulates that:-
"If the Election Commission is satisfied that a person:
(a) has failed to lodge an account of election expenses within the time and in the manner required by law or under this Act, and
(b) has no good reason or justification for the failure,
the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from date of the order."
NOW THEREFORE, in pursuance of Section 10A of the Representation of the People Act, 1951, the Election Commission of India hereby declares Sh. Naresh Kumar Bharti, resident of Vill- Basawar (Churadohar), Post-Nawajaipur, PS-Patan, Dist-Palamu, Jharkhand, Pin-822123 and a contesting candidate of Samajwadi Party for General Election to Legislative Assembly of Jharkhand, 2019 from 78-Chhatarpur (SC) Assembly Constituency of the State of Jharkhand, to be disqualified for being chosen as and for being a member of either House of Parliament or the Legislative Assembly or Legislative Council of a State or Union Territory for a period of three years from the date of this order.
By Order,
(ARVIND ANAND)
PRINCIPAL SECRETARY