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. 363]

CHENNAI,  WEDNESDAY, OCTOBER 18,  2023

Aippasi 1, Sobakiruthu, Thiruvalluvar Aandu–2054

Part V—Section 4

Notification by the Election Commission of India

V-4 Ex. (363)

NOTIFICATION BY THE ELECTION COMMISSION OF INDIA

ORDER OF THE ELECTION COMMISSION OF INDIA

DISQUALIFICATION OF CANDIDATE CONTESTED FROM 209 – PARAMAKUDI (SC) 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-33/2023.

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

dated, 10th October, 2023 [18 Asvina, 1945 (Saka)] is re-published:-

No.76/TN-LA/209/2021/CEMS-II

WHEREAS, the General Election to Legislative Assembly of Tamil Nadu, 2021 for 209 – Paramakudi (SC)

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 209 – Paramakudi (SC) 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 02.06.2021 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 K.Murukesan, a contesting candidate from 209 – Paramakudi (SC) 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 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 K.Murukesan, for not lodging of the account of

Election Expenses; and

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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, K.Murukesan 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 in his report no. D1/46458/2021; dated 12.07.2022 has reported that

the said Show Cause Notice was served to K.Murukesan on 22.06.2022; and

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

letter no. D1/46458/2021; dated 23.08.2023 on account of the candidate, reported that K.Murukesan has not submitted

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

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 10A 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 the facts and available records, the Commission is satisfied that K.Murukesan 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 K.Murukesan, resident of 2/4A North Street, Vengalur Post, Paramakudi Taluk

and a contesting candidate from 209 – Paramakudi (SC) 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

K. Murukesan,

2/4A, North Street, Vengalur Post, Paramakudi Taluk.

(By Order)

Sujeet Kumar Mishra,

Secretary,

Election Commission of India.

Secretariat,

SATYABRATA SAHOO,

Chennai-600 009,

Chief Electoral Officer and

18th October 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