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. 364]
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. (364)
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-34/2023.
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 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 V.Jayaprakash, 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 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 V.Jayaprakash, 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, V.Jayaprakash 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 V.Jayaprakash on 21.06.2022; 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 V.Jayaprakash has not
submitted any representation or statement of account of election expenses. Further, after receipt of the said notice,
V.Jayaprakash 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 V. Jayaprakash 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 V. Jayaprakash, resident of 1/62, Indhira Nagar, Uthiragosamangai
Post, Keelakarai Taluk, 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
V.Jayaprakash,
1/62, Indhira Nagar,
Uthiragosamangai Post,
Keelakarai Taluk,
Ramanathapuram District.
(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