THE

THE TELANGAN

TELANGAN

TELANGANA GAZETTE

A GAZETTE

PART-VII EXTRAORDINARY

PUBLISHED BY AUTHORITY

No.39 ]

HYDERABAD, FRIDAY, AUGUST 3, 2018.

NOTIFICATIONS RELATING TO THE ADMINISTRATION OF

PANCHAYAT RAJ

–––x–––

TELANGANA STATE ELECTION COMMISSION

G-272.

[1]

4^th ORDINARY ELECTIONS TO THE GRAM PANCHAYATS, 2013 - JAYASHANKAR BHUPALAPALLY

AND SIDDIPET DISTRICT - RENDERING OF FINAL ACCOUNTS OF ELECTION EXPENSES -

DISQUALIFICATION OF (03) DEFEATED CANDIDATES OF MPTCs OF JAYASHANKAR

BHUPALAPALLY DISTRICT AND DISQUALIFICATION OF (03) DEFEATED CANDIDATES OF

MPTCs/ZPTCs OF SIDDIPET DISTRICT, WHO FAILED TO LODGE FINAL ACCOUNTS OF ELECTION

EXPENSES.

R.N.I. No. TELMUL/2016/73158.

[Price :`. 10-00.

HSE No.1051/2017-19.

DISQUALIFICATION ORDER FOR FAILURE TO LODGE FINAL ACCOUNTS OF ELECTION

EXPENSES IN RESPECT OF SRI. KOTTE SHANKARAIAH, DEFEATED CANDIDATE FOR THE

OFFICE OF THE MEMBER, MPTC GAREPALLU, KATARAM MANDAL IN JAYASHANKAR

BHUPALAPALLY DISTRICT (ERSTWHILE KARIMNAGAR DISTRICT) DURING THE 4^TH ORDINARY

ELECTIONS HELD IN 2014.

No.739/TSEC-L(JSB)/2015-MPTC(1).- WHEREAS, the Telangana Panchayat Raj Act 1994 and also

2018, mandates strict election expenditure monitoring regimen aimed at accountability and transparency. Election

Expenditure ceilings are fixed so as to provide a level playing ground for all the contestants. Submission of

election expenditure returns, their publication to elicit objections if any from other contestants and also people

in general, serves as a barrier against abuse of money power in election process.

AND WHEREAS, the fourth ordinary elections to MPTCs/ZPTCs of Erstwhile Karimnagar District were

conducted in the month of April, 2014 and the results were declared on 13-05-2014;

AND WHEREAS, the subject of Elections and Election Expenditure Accounts is regulated by Telangana

Panchayat Raj Act, 1994 upto 18.04.2018 and thereafter the TPR Act, 2018. However the provisions pertaining to

Election Expenditure are similar under both the Acts. Further Sub-Section (3) of Section 295 (Repealing and Saving)

of TPR Act, 2018 enables the sustenance of the Orders, notices etc. issued under TPR Act, 1994 as being valid under

the TPR Act, 2018.

AND WHEREAS, under Section 230-A of Telangana Panchayat Raj Act, 1994 and 237 of Telangana Panchayat

Raj Act, 2018, every candidate at any election held under this Act shall, either by himself, or by his election agent,

keep a separate and correct account of all expenditure incurred in connection with the election, between the date on

TELANGANA GAZETTE EXTRAORDINARY

[Part-VII

which the candidate concerned has been nominated and the date of declaration of the result of the election, both dates

inclusive and the account of election expenses shall contain such particulars, as may by order, specified by the State

Election Commission;

AND WHEREAS, the State Election Commission in its Order No.168/SEC-B1/2011, dated:18.05.2011 &

12.07.2013 prescribed the procedure and formats in which the accounts of election expenditure shall be maintained

by the candidates.

AND WHEREAS, under Section 230-B of Telangana Panchayat Raj Act, 1994 and Section 238 of Telangana

Panchayat Raj Act, 2018, and Rule 100(2) of TPR (Conduct of Elections) Rules, 2006 and Rule 103(2) of TPR

(conduct of elections) Rules, 2018, every contesting candidate at an election shall, within forty five days from the date

of declaration of result of the election, lodge with the competent Authority (Collector in case of 1994 Act and MPDO

in case of 2018 Act), an account of his election expenses, which shall be a true copy of the account kept by him, or by

his election agent, under Section 230-A of TPR Act, 1994 and Section 237 of TPR Act, 2018.

AND WHEREAS, the period of 45 days from the date of declaration of results of ordinary elections to

MPTCs/ZPTCS of Erstwhile Karimnagar District expired on 26.06.2014;

AND WHEREAS, the Chief Executive Officer, ZPP, Karimnagar has sent report with the approval of the

competent Authority, Collector & District Election Authority, Erstwhile Karimnagar District vide letter Lr.No.D2/

400/2014, dt:30.10.2015 furnishing a list of defeated candidates of Member, ZPTCs and MPTCs of Erstwhile

Karimnagar District have failed to lodge final accounts of election expenses within the stipulated time of 45 days

from the date of declaration of the results. One amongst the defaulters is Sri. Kotte Shankaraiah, defeated candidate

for the office of the Member, MPTC Garepally, Kataram Mandal in Jayashankar Bhupalapally District (Erstwhile

Karimnagar District);

AND WHEREAS, under rule 103 (4) of the said rules, the State Election Commission considered the same

and under rule 103 (5) of TPR (Conduct of Election) Rules, 2006, the State Election Commission issued show cause

notice vide No. 739/TSEC-L(PR)/2015 (472), dt.07.10.2016 to Sri. Kotte Shankaraiah, defeated candidate for the

office of the Member, MPTC Garepally, Kataram Mandal in Jayashankar Bhupalapally District (Erstwhile

Karimnagar District) who failed to lodge final accounts of election expenses within the stipulated time and in the

manner required under the Act and the Rules calling upon him to show cause within 20 days from the date of receipt

of the notice as to why he should not be disqualified for a period of 3 years to contest any election to be held for any

office under the provisions of Section 19-B of Telangana Panchayat Raj Act, 1994 for his failure;

AND WHEREAS, the remarks of the Collector & District Election Authority, Karimnagar District vide

Lr.No.H4/3954/2015, dt:27.05.2017 were not clear, as to whether the notice has been served to Sri. Kotte Shankaraiah,

defeated candidate for the office of the Member, MPTC Garepally, Kataram Mandal in Jayashankar Bhupalapally

District or not, a further report called from the Collector & DEA, Karimnagar vide Lr.No. 739/TSEC-L(JSBP)/

2015, dt.9.08.2017. The Collector & DEA, Karimnagar got enquired and furnished the served copy of the

candidate vide Lr.No.D2/313/2018, dt:24.04.2018 informed the Commission that, the above notice was served on

16.12.2016 to Sri. Kotte Shankaraiah, defeated candidate for the office of the Member, MPTC Garepally, Kataram

Mandal in Jayashankar Bhupalapally District (Erstwhile Karimnagar District) and stated that, he has not

submitted election expenditure accounts within the stipulated period of 45 days from the date of declaration of results

and not replied after the receipt of show cause notice issued by the Commission.

AND WHEREAS, the State Election Commission is satisfied that Sri. Kotte Shankaraiah, defeated candidate

for the office of the Member, MPTC Garepally, Kataram Mandal in Jayashankar Bhupalapally District (Erstwhile

Karimnagar District) has failed to lodge the account of his expenses as required by law and has no good reason or

justification for the said failure.

NOW THEREFORE, in pursuance of Section 23 of Telangana Panchayat Raj Act, 2018 read with Section

19-B of Telangana Panchayat Raj Act, 1994 and Rule 106(7) of TPR (conduct of elections) Rules, 2018 read with

Rule 103 (8) of TPR (Conduct of Election) Rules, 2006, the State Election Commission hereby, declares that Sri.

Kotte Shankaraiah, defeated candidate for the office of the Member, MPTC Garepally, Kataram Mandal in

Jayashankar Bhupalapally District (Erstwhile Karimnagar District) to be ineligible for a period of 3 years from

the date of issue of this order to contest any election for any office under the provisions of Telangana Panchayat Raj

Act, 2018.

August 3, 2018]

TELANGANA GAZETTE EXTRAORDINARY

DISQUALIFICATION ORDER FOR FAILURE TO LODGE FINAL ACCOUNTS OF ELECTION

EXPENSES IN RESPECT OF SRI. BONALA SATEESH, DEFEATED CANDIDATE FOR THE OFFICE

OF THE MEMBER, MPTC CHIDNEPALLY, KATARAM MANDAL IN JAYASHANKAR BHUPALAPALLY

DISTRICT (ERSTWHILE KARIMNAGAR DISTRICT) DURING THE 4^TH ORDINARY ELECTIONS

HELD IN 2014.

No.739/TSEC-L(JSB)/2015-MPTC(2).- WHEREAS, the Telangana Panchayat Raj Act 1994 and also