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. 246]

CHENNAI,  FRIDAY, JULY 26,  2024

Aadi 10, Kurothi, Thiruvalluvar Aandu–2055

Part V—Section 4

Notification by the Election Commission of India

V-4 Ex. (246)

[ 1 ]

ORDER OF THE ELECTION COMMISSION OF INDIA

DISQUALIFICATION OF CANDIDATE CONTESTED FROM 230 – NAGERCOIL 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-32/2024.

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

dated, 19th July, 2024 [28 Asadha, 1946 (Saka)] is re-published:-

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

WHEREAS, the General Election to Legislative Assembly of Tamil Nadu, 2021 for 230 – Nagercoil 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 230 – Nagercoil 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 of DEO, Kanniyakumari under sub-rule (1) of Rule 89 of the Conduct of Elections

Rules, 1961 vide his letter no.Z2/6683/2021; dated. 07.10.2021 stating that Rathinam A.T., a contesting candidate

from 230 – Nagercoil 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, Kanniyakumari, a Show-Cause notice

No. 76/TN-LA/ 2021/CEMS-II, dated 17th November, 2021 was issued under sub-rule (5) of Rule 89 of the Conduct

of Elections Rules, 1961 by the Election Commission of India to Rathinam A.T., 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, Rathinam A.T. was directed to submit representation in writing to the Commission explaining the

2

TAMIL NADU GOVERNMENT GAZETTE  EXTRAORDINARY

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

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

WHEREAS, the District Election Officer, Kanniyakumari District in his report no. Z2/6683/2021; dated 03.02.2022

has reported that the said Show Cause Notice was served to Rathinam A.T. on 20.12.2021 through registered post; and

WHEREAS, the District Election Officer, Kanniyakumari in his Supplementary Report vide letter

no. Z2/6683/2021; dated 21.07.2023 received through the CEO, Tamil Nadu vide his letter No. 3660/Ele-

IV/2022-12; dated. 24.07.2023 on account of the candidate has reported that Rathinam A.T. has not submitted

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

Rathinam A.T. 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 Rathinam A.T., 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 Rathinam A.T., resident of – 8th First Cross Street, Chandran Nagar, Crompet,

Chennai-44 and a contesting candidate from 230 – Nagercoil Assembly Constituency of 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

Rathinam A.T,

8th First Cross Street, Chandran Nagar,

Crompet, Chennai-44.

(By Order)

Sujeet Kumar Mishra,

Secretary,

Election Commission of India.

Secretariat,

SATYABRATA SAHOO,

Chennai-600 009,

Chief Electoral Officer and

26th July, 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