TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
©
[Regd. No. TN/CCN/467/2012-14
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2024
[Price: Re. 0.80 Paise.
No. 120]
CHENNAI, MONDAY, MARCH 18, 2024
Panguni 5, Sobakiruthu, Thiruvalluvar Aandu–2055
Part V—Section 4
Notification by the Election Commission of India
V-4 Ex. (120)
[ 1 ]
NOTIFICATION BY THE ELECTION COMMISSION OF INDIA
ORDER OF THE ELECTION COMMISSION OF INDIA
DISQUALIFICATION OF CANDIDATE CONTESTED FROM 160 – SIRKAZHI (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-5/2024.
The following order of the Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001,
dated.07th March, 2024 [17 Phalguna, 1945 (Saka)] is re-published:-
No.76/TN-LA/160/2021/CEMS-II
WHEREAS, the General Election to Legislative Assembly of Tamil Nadu, 2021 for 160 - Sirkazhi (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 160 - Sirkazhi (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 Rc.No.5300/2022/G1; dated 19.05.2022 of the DEO, Nagapattinam under
sub-rule (1) of Rule 89 of the Conduct of Elections Rules, 1961 received through the CEO, Tamil Nadu vide his
letter No.19875/Ele-IV/2021-20, dated. 31.05.2022 stating that Balu. Pon, a contesting candidate from
160 - Sirkazhi (SC) Assembly Constituency of General Election to Legislative Assembly of Tamil Nadu, 2021 has failed
to lodge the account of his election expenses, as required under law; and
2
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
WHEREAS, on basis of the said report of the District Election Officer, Nagapattinam a Show-Cause notice
No. 76/TN-LA/2021/CEMS-II/Pt-1; dated 01st September, 2022 was issued under sub rule (5) of Rule 89 of the
Conduct of Elections Rules, 1961 by the Election Commission of India to Balu. Pon, for not lodging of the account
of Election Expenses; and
WHEREAS, through the above said Show Cause Notice and under sub rule (6) of Rule 89 of the Conduct of
Elections Rules, 1961, Balu. Pon 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, Nagapattinam District within 20 days from the date of receipt of the notice; and
WHEREAS, the District Election Officer, Nagapattinam District, in his report Rc. No. 5300/2022/G1; dated
05.12.2023 has reported that the original acknowledgement of said notice was obtained from the defaulting candidate
through Sirkali Tahsildar vide R.C. No.63/2019/A3; dated 13.12.2022; and
WHEREAS, the District Election Officer, Nagapattinam in his Supplementary Report dated 05.12.2023 received
through CEO Tamil Nadu vide letter no. 5550/Ele-IV/2022-13; dated 12.12.2023 on account of the candidate, reported
that Balu. Pon has not submitted any representation or statement of correct account of election expenses. Besides,
after receipt of the said notice, Balu. Pon 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 Balu. Pon 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 Balu. Pon, resident of 2/4 Main Road, Aathukudi & Post, Mayiladuthurai Taluk
and a contesting Candidate in 160 - Sirkazhi (SC) 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
Balu. Pon,
S/o Ponnan, 2/4 Main Road, Aathukudi & Post, Mayiladuthurai Taluk.
(By Order)
Sujeet Kumar Mishra,
Secretary,
Election Commission of India.
Secretariat,
SATYABRATA SAHOO,
Chennai-600 009,
Chief Electoral Officer and
18th March 2024.
Principal Secretary to Government,
Public (Elections) Department.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU