TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

©

[Regd. No. TN/CCN/467/2012-14

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2023

[Price: Re. 0.80 Paise.

No. 258]

CHENNAI,  MONDAY, JULY 10,  2023

Aani 25, Sobakiruthu, Thiruvalluvar Aandu–2054

Part V—Section 4

Notification by the Election Commission of India

V-4 Ex. (258)

[ 1 ]

NOTIFICATION BY THE ELECTION COMMISSION OF INDIA

ORDER OF THE ELECTION COMMISSION OF INDIA

DISQUALIFICATION OF CANDIDATE CONTESTED FROM 211 – RAMANATHAPURAM ASSEMBLY CONSTITUENCY

IN THE GENERAL ELECTION TO LEGISLATIVE ASSEMBLY OF TAMIL NADU, 2021 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-26/2023

The following order of the Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001,

dated 26th June, 2023 [05 Asadha, 1945 (Saka)] is re-published:—

No. 76/TN-LA/211/2021/CEMS-II

WHEREAS, the General Election to Legislative Assembly of Tamil Nadu, 2021 for 211 – Ramanathapuram

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 a 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 211 – Ramanathapuram 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 through the CEO, Tamil Nadu vide his

letter no. 8339/Ele-IV/2021-11, dated 16.08.2021 stating that Asan Ali, a contesting candidate from 211 – Ramanathapuram

Assembly Constituency in General Election to Legislative Assembly of Tamil Nadu, 2021 has failed to lodge the account

of his election expenses, as required under law; and

WHEREAS, on the basis of the said report of the District Election Officer, Ramanathapuram 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 Asan Ali, for not lodging of the 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, Asan Ali was directed to submit representation in writing to the Commission explaining the

reasons for not lodging the account and also to lodge the account of his election expenses with the District Election

Officer, Ramanathapuram District within 20 days from the date of receipt of the notice; and

WHEREAS, the DEO, Ramanathapuram District, in his report no. D2/6740/2021; dated 11.02.2022 has reported

that the said Show Cause Notice was served to Asan Ali on 01.10.2021; and

WHEREAS, the District Election Officer, Ramanathapuram in his Supplementary Report received through vide

letter No. D2/6740/2021; dated 11.02.2022 on account of the candidate, has reported that Asan Ali has not submitted

any representation or statement of account of election expenses. Further, after receipt of the said notice, Asan Ali

has neither furnished any reason nor explanation to the Election Commission of India for failure to lodge the account

of his election expenses 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 basis of facts and available records, the Commission is satisfied that Asan Ali has failed to

lodge the account of his 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 Asan Ali, resident of – 5, Meenkara Street, Velipattinam, Ramanathapuram

& District and a contesting candidate from 211 – Ramanathapuram Assembly Constituency in General Election to

Legislative Assembly 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

Asan Ali,

5, Meenkara Street, Velipattinam,

Ramanathapuram & District.

(By Order)

Sujeet Kumar Mishra,

Secretary,

Election Commission of India.

Secretariat,

SATYABRATA SAHOO,

Chennai-600 009,

Chief Electoral Officer and

10th July 2023.

Principal Secretary to Government,

Public (Elections) Department.

PRINTED  AND  PUBLISHED  BY  THE DIRECTOR  OF  STATIONERY  AND  PRINTING, CHENNAI

ON  BEHALF  OF  THE  GOVERNMENT  OF  TAMIL  NADU