TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

©

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2025

[Price: Re. 0.80 Paise.

No. 92]

CHENNAI,  TUESDAY, FEBRUARY 25,  2025

Maasi 13, Kurothi, Thiruvalluvar Aandu–2056

Part V—Section 4

Notification by the Election Commission of India

V-4 Ex. (92)

[ 1 ]

NOTIFICATION BY THE ELECTION COMMISSION OF INDIA

DISQUALIFICATION OF SH. BALASUBRAMANIAN, CANDIDATE CONTESTED FROM 38-TIRUNELVELI

PARLIAMENTARY CONSTITUENCY IN GENERAL ELECTION TO LOK SABHA OF TAMIL NADU, 2024

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-12/2025

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

dated 20th February, 2025 [01 Phagun, 1946 (Saka)] is re-published:-

No.76/TN-PC/2024/CEMS-II

WHEREAS, the General Election to Lok Sabha of Tamil Nadu, 2024 for 38-Tirunelveli Parliamentary Constituency

was held in pursuance of the Election Commission of India Notification No. O.N.59(E), dated 20th March, 2024; 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/her election expenses which shall be a true copy of the account kept by him/her or his/her election

agent under Section 77 of the said act; and

WHEREAS, the result of the election for 38-Tirunelveli Parliamentary Constituency of Tamil Nadu, 2024 was

declared by the Returning Officer on 04th June, 2024 and hence the last date for lodging the account of Election

Expenses was 4th July, 2024; and

WHEREAS, as per the report dated 03.07.2024 of District Election Officer, Tirunelveli under sub rule (1)

of Rule 89 of the Conduct of Elections Rules, 1961 received through the CEO, Tamil Nadu vide his letter

no. 16778/Ele-IV/2024-3, dated 23.07.2024 stating that Sh. Balasubramanian, a contesting candidate from 38-Tirunelveli

Parliamentary Constituency in General Election to Lok Sabha of Tamil Nadu, 2024, 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, Tirunelveli, a Show-Cause

Notice No. 76/TN-PC/ 2024/CEMS-II, dated 07th October, 2024 was issued under sub rule (5) of Rule 89 of the

Conduct of Elections Rules, 1961 by the Election Commission of India to Sh. Balasubramanian, 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, Sh. Balasubramanian, 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, Tirunelveli District within 20 days from the date of receipt of the notice; and

2

TAMIL NADU GOVERNMENT GAZETTE  EXTRAORDINARY

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ON  BEHALF  OF  THE  GOVERNMENT  OF  TAMIL  NADU

WHEREAS, the District Election Officer, Tirunelveli in his report no. E1/8096/2023; dated 20.11.2024 has reported

that the said Show Cause Notice was served to Sh. Balasubramanian, on 17.10.2024; and

WHEREAS, the District Election Officer, Tirunelveli in his Supplementary Reports no. E1/8096/2023;

dated 20.11.2024 on account of the candidate received through CEO, Tamil Nadu letter No. 20696/Ele-IV/2024-5,

dated 17.12.2024 has reported that Sh. Balasubramanian, has not submitted any representation or statement of

account of election expenses. Further, after receipt of the said notice, Sh. Balasubramanian, 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 Sh. Balasubramanian,

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 Sh. Balasubramanian, resident of 33A, South Street, Kallathi, Moolakaripatti

Post, Nanguneri Taluk, Tirunelveli District – 627354 and a contesting candidate from 38-Tirunelveli Parliamentary

Constituency of G.E. to PC of Tamil Nadu, 2024, 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

Sh. Balasubramanian,

33A South Street, Kallathi,

Moolakaripatti Post, Nanguneri Taluk,

Tirunelveli District - 627 354

(By Order)

Sujeet kumar mishra,

Secretary,

Election Commission of India.

Secretariat,

ARCHANA PATNAIK,

Chennai-600 009,

Chief Electoral Officer and

25th February 2025.

Secretary to Government,

Public (Elections) Department.