TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
©
[Regd. No. TN/CCN/467/2012-14
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2022
[Price: Re. 0.80 Paise.
No. 339]
CHENNAI, TUESDAY, JUNE 14, 2022
Vaikasi 31, Subakiruthu, Thiruvalluvar Aandu–2053
Part V—Section 4
Notification by the Election Commission of India
V-4 Ex. (339)
[ 1 ]
ORDER OF THE ELECTION COMMISSION OF INDIA
DISQUALIFICATION OF CANDIDATE CONTESTED FROM 212 – MUDHUKULATHUR ASSEMBLY
CONSTITUENCY IN THE GENERAL ELECTION TO HOUSE OF THE PEOPLE FOR FAILURE TO LODGE
THE ACCOUNTS OF ELECTION EXPENSES UNDER SECTION 10-A OF THE REPRESENTATION OF
THE PEOPLE ACT, 1951 BY THE ELECTION COMMISSION OF INDIA.
No. SRO G-16/2022.
The following order of the Election Commission of India, Nirvachan Sadan, Ashoka Road,
New Delhi-110 001, dated.03rd June, 2022 [13 Jyeshtha, 1944 (Saka)] is re-published:
No.76/TN-LA/2021/CEMS-II/Pt-1. WHEREAS, the General Election to Legislative Assembly of Tamil Nadu,
2021 for 212 – Mudhukulathur Assembly Constituency was held in pursuance of the Election Commission of
India Notification No 464/TN-LA/2021, dated 12th March, 2021; and
WHEREAS, as per Section 78 of the Representation of the People Act, 1951, every contesting candidate
at an election shall, within 30 days from the date of election of the returned candidate, lodge with the District
Election Officer an account of his election expenses which shall be true copy of the account kept by him or
his election agent under Section 77 of the said act; and
WHEREAS, the result of the election for 212 – Mudhukulathur Assembly Constituency of Tamil Nadu,
2021 was declared by the Returning Officer on 02nd May, 2021 and hence the last date for lodging the account
of Election Expenses was 01st June, 2021; and
WHEREAS, the Commission having regard to the then prevailing pandemic situation of Covid-19, decided
to condone any incidence of late submission of account by candidate till 31st July, 2021; and
WHEREAS, as per the report dated 03.08.2021 of the DEO, Ramanathapuram, under sub-rule (1)
of Rule 89 of the Conduct of Elections Rules, 1961, received from the CEO, Tamil Nadu vide his letter
no. 8339/Ele-IV/2021-11, dated 16.08.2021, T. Azhakumalai Kumaran, a contesting candidate
from 212 – Mudhukulathur Assembly Constituency of Tamil Nadu, 2021 has failed to lodge account of election
expenses, as required under law; and
WHEREAS, on the basis of the said report of the District Election Officer, a Show-Cause notice
No. 76/TN-LA/2021/CEMS-II, dated. 17th September, 2021 was issued under sub rule (5) of Rule 89 of the
Conduct of Elections Rules, 1961 by the Election Commission of India to T. Azhakumalai Kumaran, for not
lodging of account of Election Expenses; and
2
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
WHEREAS, through the above said Show Cause Notice and under sub rule (6) of Rule 89 of the Conduct of Elections
Rules, 1961, T. Azhakumalai Kumaran was directed to submit representation in writing to the Commission explaining
the reasons for not lodging the account and also to lodge account of election expenses with the District Election Officer,
Ramanathapuram District within 20 days from the date of receipt of the notice; and
WHEREAS, the District Election Officer, Ramanathapuram District, has reported that the said notice was served to
T. Azhakumalai Kumaran on 01.10.2021; and
WHEREAS, the District Election Officer, Ramanathapuram in his Supplementary Report No.D2/6740/2021, dated
11.02.2022 reported that T. Azhakumalai Kumaran has not submitted any representation or a statement of correct account
of election expenses duly signed along with original vouchers etc. Further, after receipt of the said notice, T.Azhakumalai
Kumaran has neither furnished any reason nor explanation to the Election Commission of India, for failure to lodge the
account as prescribed under law; and
WHEREAS, Section 10 A of the Representation of the People Act, 1951 provides 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 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 the date of the order.”;
WHEREAS, on the basis of facts and available records, the Commission is satisfied that T. Azhakumalai Kumaran has
failed to lodge account of election expenses and has no good reason or justification for the failure to do so; and
NOW, THEREFORE, in pursuance of Section 10A of the Representation of the People Act, 1951, the Election Commission
of India hereby declares T. Azhakumalai Kumaran, resident of- S/O Thanikodi Dever, Arisikkuzhuthan, Kamuthi Taluk and
a contesting candidate in 212 – Mudhukulathur Assembly Constituency of Tamil Nadu, 2021, to be disqualified for being
chosen as and for being a member of either House of the Parliament or the Legislative Assembly or the Legislative Council
of a State or Union Territory for a period of three years from the date of this order.
To
Sh. T. Azhakumalai Kumaran,
S/o. Thanikodi Dever,
Arisikkuzhuthan, Kamuthi Taluk
(By Order)
Sujeet Kumar Mishra,
Secretary,
Election Commission of India.
SATYABRATA SAHOO,
Secretariat,
Chief Electoral Officer and
Chennai-600 009,
Principal Secretary to Government,
14th June 2022.
Public (Elections) Department.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU