4th ORDINARY ELECTIONS TO MPTCs /ZPTCs,2014 - RENDERING OF FINAL ACCOUNTS OF ELECTION EXPENSES - DISQUALIFICATION OF CERTAIN DEFEATED CANDIDATES OF MEMBERS ZPTCs AND MPTCs OF NALGONDA DISTRICT, WHO FAILED TO LODGE FINAL ACCOUNTS OF ELECTION EXPENSES.

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

HSE No.1051/2017-19.

THE TELANGANA GAZETTETHE TELANGANA GAZETTETHE TELANGANA GAZETTETHE TELANGANA GAZETTETHE TELANGANA GAZETTE PART-VII EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 5 ] HYDERABAD, WEDNESDAY, JANUARY 9, 2019.

NOTIFICATIONS RELATING TO THE ADMINISTRATION OF

PANCHAYAT RAJ

–––x–––

TELANGANA STATE ELECTION COMMISSION

4th ORDINARY ELECTIONS TO MPTCs /ZPTCs,2014 - RENDERING OF FINAL ACCOUNTS OF ELECTION EXPENSES - DISQUALIFICATION OF CERTAIN DEFEATED CANDIDATES OF MEMBERS ZPTCs AND MPTCs OF NALGONDA DISTRICT, WHO FAILED TO LODGE FINAL ACCOUNTS OF ELECTION EXPENSES.

DISQUALIFICATION ORDER FOR FAILURE TO LODGE FINAL ACCOUNTS OF ELECTION

EXPENSES IN RESPECT OF SMT BAKKA SHARADA SHEKAR, DEFEATED CANDIDATE FOR

THE OFFICE OF THE MEMBER, ZPTC CHITYALA OF NALGONDA DISTRICT DURING THE 4TH

ORDINARY ELECTIONS HELD IN 2014.

No.817/TSEC-L(NLG)/2015-ZPTC-(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 Nalgonda 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 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;

[1]

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AND WHEREAS, the State Election Commission in its Order No.168/SEC-B1/2011, dated:18.05.2011 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 Nalgonda District expired on 26.06.2014;

AND WHEREAS, the Chief Executive Officer, ZPP, Nalgonda has sent report with the approval of the competent Authority, Collector & District Election Authority, Nalgonda District vide letter Lr.No.D3/395/Elec/2017, dt:20.03.2017 to the Commission stating that, 564 candidates ie., 182 defeated candidates of Member, ZPTCs and 382 defeated candidates of Member, MPTCs of Nalgonda 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 Smt Bakka Sharada Shekar, defeated candidate for the office of the Member, ZPTC Chityala of Nalgonda District;

AND WHEREAS, under rule 103 (4) of TPR (Conduct of Elections) Rules, 2006 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.817/TSEC-L/2015 (1/97), dt.28.04.2017 to Smt Bakka Sharada Shekar, defeated candidate for the office of the Member, ZPTC Chityala of Nalgonda 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 her to show cause within 20 days from the date of receipt of the notice as to why she should not be disqualified under the provisions of Section 19-B of Telangana Panchayat Raj Act, 1994 for her failure;

AND WHEREAS, the Collector & District Election Authority, Nalgonda District vide Lr.No.D3/1530/Elec/ 2017, dt:26.07.2017, has informed the Commission that, the above notice was served on 24.05.2017 to Smt Bakka Sharada Shekar, defeated candidate for the office of the Member, ZPTC Chityala of Nalgonda District, without his remarks and it was not clear, whether the candidate had submitted election accounts within the stipulated period or not. A further report called from the Collector & DEA, Nalgonda vide Lr.No.817/TSEC-L(NLG)/2015-2, dated 19.08.2017. The Collector & DEA, Nalgonda vide Lr.No.D3/395/2018/ZPP, dated 03.05.2018 stated that, as per the report submitted by the MPDO,Chityal after verification of the records, the candidate has not submitted the accounts of election expenditure within the stipulated time and therefore she is defaulter. Further, the Commission requested the Collector & DEA, Nalgonda vide Lr.No.817/TSEC-L(NLG)/2015-2, dated 02.11.2018 to direct the Mandal Parishad Development Officer, Chityal to produce all connected records available with MPDOs office as well as ZPP in case of submission of election expenditure accounts by Smt. Bakka Sharada Shekar for further clarification.

Accordingly, the MPDO, Chityal vide Lr.No.406/MPP Chityalala, dated 17.11.2018 reported that, she has personally verified office election records, Smt Bakka Sharada Shekar, defeated candidate of ZPTC Chityal of Nalgonda District got (121) votes in ZPTC elections, 2014 elections and expenditure Nil report submitted in ZPP Nalgonda on 21.09.2015 i.e., after completion of 45 days from the date of declaration of results. The MPDO, Chityala also enclosed attested copy of receipt issued by Assistant Audit Officer, elections counting Form-28 and explanation given by Smt Bakka Sharada wherein the defaulter stated that, she has not participated in the elections, did not incur any expenditure and due to ill health she could not submit the election expenditure accounts within the stipulated time and the same was submitted to ZPP Nalgonda Audit Section on 21.09.2015.

AND WHEREAS, on the basis of the specific remarks of the Collector & DEA, Nalgonda District vide letter dated 03.05.2015 and report of the MPDO, Chityala vide vide letter dated 17.11.2018, the State Election Commission is satisfied that Smt Bakka Sharada Shekar, defeated candidate for the office of the Member, ZPTC Chityala of Nalgonda District has failed to lodge the account of her 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 Smt Bakka Sharada Shekar, defeated candidate for the office of the Member, ZPTC Chityala of Nalgonda 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.

DISQUALIFICATION ORDER FOR FAILURE TO LODGE FINAL ACCOUNTS OF ELECTION

EXPENSES IN RESPECT OF SMT RAMAVATH LAKSHMI, DEFEATED CANDIDATE FOR THE

OFFICE OF THE MEMBER, MPTC THUNIKINUTHALA, PEDDAVOORA MANDAL IN NALGONDA

DISTRICT DURING THE 4TH ORDINARY ELECTIONS HELD IN 2014.

No.817/TSEC-L(NLG)/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 Nalgonda 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 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 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 Nalgonda District expired on 26.06.2014;

AND WHEREAS, the Chief Executive Officer, ZPP, Nalgonda has sent report with the approval of the competent Authority, Collector & District Election Authority, Nalgonda District vide letter Lr.No.D3/395/Elec/2017, dt:20.03.2017 to the Commission stating that, 564 candidates ie., 182 defeated candidates of Member, ZPTCs and 382 defeated candidates of Member, MPTCs of Nalgonda 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 Smt Ramavath Lakshmi, defeated candidate for the office of the Member, MPTC Thunikinuthala, Peddavoora Mandal in Nalgonda District;

AND WHEREAS, under rule 103 (4) of TPR (Conduct of Elections) Rules, 2006 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.817/TSEC-L/2015 (2/239), dt.28.04.2017 to Smt Ramavath Lakshmi, defeated candidate for the office of the Member, MPTC Thunikinuthala, Peddavoora Mandal in Nalgonda District4 TELANGANA GAZETTE EXTRAORDINARY [Part-VII 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 her to show cause within 20 days from the date of receipt of the notice as to why she should not be disqualified under the provisions of Section 19-B of Telangana Panchayat Raj Act, 1994 for her failure;

AND WHEREAS, the Collector & District Election Authority, Nalgonda District vide Lr.No.D3/1530/Elec/ 2017, dt:26.07.2017, has informed the Commission that, the above notice served to Sarpanch on 17.05.2017 instead of the defaulter, Smt Ramavath Lakshmi, defeated candidate for the office of the Member, MPTC Thunikinuthala, Peddavoora Mandal in Nalgonda District. As this is not procedure for serving of notice, a further report called from the Collector & DEA, Nalgonda vide Lr.No.817/TSEC-L(NLG)/2015-2, dated 19.08.2017 duly following the procedure indicated therein. The Collector & DEA, Nalgonda vide Lr.No.D3/395/2018/ZPP, dated 03.05.2018 has furnished a report which is not clear to take further action by the Commission, as date of serving of notice, whether replies received, date and content of replies received and remarks of C&DEA were not furnished. Further, the Commission requested the Collector & DEA, Nalgonda vide Lr.No.817/TSEC-L(NLG)/2015-2, dated 02.11.2018 requested to furnish the date of serving of notice and date & content of reply if any, along with his remarks to take further action. Accordingly, the Collector & District Election Authority, Nalgonda District vide Lr.No.D3/395/Elections/ 2018, dated:13.12.2018, has informed the Commission that, the above notice was served on 07.02.2018 to Smt Ramavath Lakshmi, defeated candidate for the office of the Member, MPTC Thunikinuthala, Peddavoora Mandal in Nalgonda District and she has not responded to the notice issued by the Commission and therefore she is defaulter.

AND WHEREAS, the State Election Commission is satisfied that Smt Ramavath Lakshmi, defeated candidate for the office of the Member, MPTC Thunikinuthala, Peddavoora Mandal in Nalgonda District has failed to lodge the account of her 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 Smt Ramavath Lakshmi, defeated candidate for the office of the Member, MPTC Thunikinuthala, Peddavoora Mandal in Nalgonda 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.

DISQUALIFICATION ORDER FOR FAILURE TO LODGE FINAL ACCOUNTS OF ELECTION

EXPENSES IN RESPECT OF SMT KODIDALA SAIDAMMA, DEFEATED CANDIDATE FOR THE

OFFICE OF THE MEMBER, MPTC NOMULA, NAKREKAL MANDAL IN NALGONDA DISTRICT

DURING THE 4TH ORDINARY ELECTIONS HELD IN 2014.

No.817/TSEC-L(NLG)/2015-MPTC(2),- 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 Nalgonda 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 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 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 Nalgonda District expired on 26.06.2014;

AND WHEREAS, the Chief Executive Officer, ZPP, Nalgonda has sent report with the approval of the competent Authority, Collector & District Election Authority, Nalgonda District vide letter Lr.No.D3/395/Elec/2017, dt:20.03.2017 to the Commission stating that, 564 candidates ie., 182 defeated candidates of Member, ZPTCs and 382 defeated candidates of Member, MPTCs of Nalgonda 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 Smt Kodidala Saidamma, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda District;

AND WHEREAS, under rule 103 (4) of TPR (Conduct of Elections) Rules, 2006 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.817/TSEC-L/2015 (2/166), dt.28.04.2017 to Smt Kodidala Saidamma, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda 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 her to show cause within 20 days from the date of receipt of the notice as to why she should not be disqualified under the provisions of Section 19-B of Telangana Panchayat Raj Act, 1994 for her failure;

AND WHEREAS, the Collector & District Election Authority, Nalgonda District vide Lr.No.D3/1530/Elec/ 2017, dt:26.07.2017, has informed the Commission that, the above notice has been pasted on GP Notice board on 25.05.2017 instead of serving on Smt Kodidala Saidamma, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda District. As this is not procedure for serving of notice, a further report called from the Collector & DEA, Nalgonda vide Lr.No.817/TSEC-L(NLG)/2015-2, dated 19.08.2017 duly following the procedure indicated therein. The Collector & DEA, Nalgonda vide Lr.No.D3/395/2018/ZPP, dated 03.05.2018 has furnished a report which is not clear to take further action by the Commission, as date of serving of notice, whether replies received, date and content of replies received and remarks of C&DEA were not furnished. Further, the Commission requested the Collector & DEA, Nalgonda vide Lr.No.817/TSEC-L(NLG)/2015-2, dated 02.11.2018 requested to furnish the date of serving of notice and date & content of reply if any, along with his remarks to take further action. Accordingly, the Collector & District Election Authority, Nalgonda District vide Lr.No.D3/395/Elections/2018, dated:13.12.2018, has informed the Commission that, the above notice was served on 12.02.2018 to Smt Kodidala Saidamma, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda District and she has not responded to the notice issued by the Commission and therefore she is defaulter.

AND WHEREAS, the State Election Commission is satisfied that Smt Kodidala Saidamma, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda District has failed to lodge the account of her 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 Smt Kodidala Saidamma, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda 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.

DISQUALIFICATION ORDER FOR FAILURE TO LODGE FINAL ACCOUNTS OF ELECTION

EXPENSES IN RESPECT OF SMT GURRAM SHARADA, DEFEATED CANDIDATE FOR THE

OFFICE OF THE MEMBER, MPTC NOMULA, NAKREKAL MANDAL IN NALGONDA DISTRICT

DURING THE 4TH ORDINARY ELECTIONS HELD IN 2014.

No.817/TSEC-L(NLG)/2015-MPTC(3) ,- 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 Nalgonda 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 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 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 Nalgonda District expired on 26.06.2014;

AND WHEREAS, the Chief Executive Officer, ZPP, Nalgonda has sent report with the approval of the competent Authority, Collector & District Election Authority, Nalgonda District vide letter Lr.No.D3/395/Elec/2017, dt:20.03.2017 to the Commission stating that, 564 candidates ie., 182 defeated candidates of Member, ZPTCs and 382 defeated candidates of Member, MPTCs of Nalgonda 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 Smt Gurram Sharada, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda District;

AND WHEREAS, under rule 103 (4) of TPR (Conduct of Elections) Rules, 2006 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.817/TSEC-L/2015 (2/167), dt.28.04.2017 to Smt Gurram Sharada, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda 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 her to show cause within 20 days from the date of receipt of the notice as to why she should not be disqualified under the provisions of Section 19-B of Telangana Panchayat Raj Act, 1994 for her failure;

AND WHEREAS, the Collector & District Election Authority, Nalgonda District vide Lr.No.D3/1530/Elec/ 2017, dt:26.07.2017, has informed the Commission that, the above notice has been pasted on GP Notice board on 25.05.2017 instead of serving on Smt Gurram Sharada, defeated candidate for the office of the Member, MPTCJanuary 9, 2019] TELANGANA GAZETTE EXTRAORDINARY 7 Nomula, Nakrekal Mandal in Nalgonda District. As this is not procedure for serving of notice, a further report called from the Collector & DEA, Nalgonda vide Lr.No.817/TSEC-L(NLG)/2015-2, dated 19.08.2017 duly following the procedure indicated therein. The Collector & DEA, Nalgonda vide Lr.No.D3/395/2018/ZPP, dated 03.05.2018 has furnished a report which is not clear to take further action by the Commission, as date of serving of notice, whether replies received, date and content of replies received and remarks of C&DEA were not furnished. Further, the Commission requested the Collector & DEA, Nalgonda vide Lr.No.817/TSEC-L(NLG)/2015-2, dated 02.11.2018 requested to furnish the date of serving of notice and date & content of reply if any, along with his remarks to take further action. Accordingly, the Collector & District Election Authority, Nalgonda District vide Lr.No.D3/395/Elections/ 2018, dated:13.12.2018, has informed the Commission that, the above notice was served on 09.02.2018 to Smt Gurram Sharada, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda District and she has not responded to the notice issued by the Commission and therefore she is defaulter.

AND WHEREAS, the State Election Commission is satisfied that Smt Gurram Sharada, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda District has failed to lodge the account of her 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 Smt Gurram Sharada, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda 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.

DISQUALIFICATION ORDER FOR FAILURE TO LODGE FINAL ACCOUNTS OF ELECTION

EXPENSES IN RESPECT OF SMT SAMA SRIDEVI, DEFEATED CANDIDATE FOR THE OFFICE

OF THE MEMBER, MPTC NOMULA, NAKREKAL MANDAL IN NALGONDA DISTRICT DURING

THE 4TH ORDINARY ELECTIONS HELD IN 2014.

No.817/TSEC-L(NLG)/2015-MPTC(4),- 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 Nalgonda 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 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 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 Nalgonda District expired on 26.06.2014;

AND WHEREAS, the Chief Executive Officer, ZPP, Nalgonda has sent report with the approval of the competent Authority, Collector & District Election Authority, Nalgonda District vide letter Lr.No.D3/395/Elec/2017, dt:20.03.2017 to the Commission stating that, 564 candidates ie., 182 defeated candidates of Member, ZPTCs and 382 defeated candidates of Member, MPTCs of Nalgonda 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 Smt Sama Sridevi, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda District;

AND WHEREAS, under rule 103 (4) of TPR (Conduct of Elections) Rules, 2006 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.817/TSEC-L/2015 (2/168), dt.28.04.2017 to Smt Sama Sridevi, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda 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 her to show cause within 20 days from the date of receipt of the notice as to why she should not be disqualified under the provisions of Section 19-B of Telangana Panchayat Raj Act, 1994 for her failure;

AND WHEREAS, the Collector & District Election Authority, Nalgonda District vide Lr.No.D3/1530/Elec/ 2017, dt:26.07.2017, has informed the Commission that, the above notice has been pasted on GP Notice board on 25.05.2017 instead of serving on Smt Sama Sridevi, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda District. As this is not procedure for serving of notice, a further report called from the Collector & DEA, Nalgonda vide Lr.No.817/TSEC-L(NLG)/2015-2, dated 19.08.2017 duly following the procedure indicated therein. The Collector & DEA, Nalgonda vide Lr.No.D3/395/2018/ZPP, dated 03.05.2018 has furnished a report which is not clear to take further action by the Commission, as date of serving of notice, whether replies received, date and content of replies received and remarks of C&DEA were not furnished. Further, the Commission requested the Collector & DEA, Nalgonda vide Lr.No.817/TSEC-L(NLG)/2015-2, dated 02.11.2018 requested to furnish the date of serving of notice and date & content of reply if any, along with his remarks to take further action. Accordingly, the Collector & District Election Authority, Nalgonda District vide Lr.No.D3/395/Elections/2018, dated:13.12.2018, has informed the Commission that, the above notice was served on 10.02.2018 to Smt Sama Sridevi, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda District, stated that, she has not responded to the notice issued by the Commission and therefore she is defaulter.

AND WHEREAS, the State Election Commission is satisfied that Smt Sama Sridevi, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda District has failed to lodge the account of her 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 Smt Sama Sridevi, defeated candidate for the office of the Member, MPTC Nomula, Nakrekal Mandal in Nalgonda 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.

( BY ORDER AND IN THE NAME OF THE STATE ELECTION COMMISSIONER )

Hyderabad,

30-12-2018.

M. ASHOK KUMAR, Secretary.

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Printed and Published by the Commissioner of Printing, Government of Telangana at Government Central Press, Chanchalguda, Hyderabad.