Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-07102025-266721
EXTRAORDINARY
PART II—Section 3—Sub-section (iii)
PUBLISHED BY AUTHORITY
No. 48]
NEW DELHI, TUESDAY, OCTOBER 7, 2025/ASVINA 15, 1947
ELECTION COMMISSION OF INDIA
ORDER
New Delhi, the 9th September, 2025
O.N. 48 (E).— WHEREAS, the General Election to Legislative Assembly, 2023 for 106-
Davangere North Assembly Constituency of Karnataka was held in pursuance of the Election Commission
of India Notification No. 464/KT-LA/2023, dated 13th April, 2023; 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 106- Davangere North Assembly Constituency of
Karnataka, 2023 was declared by the Returning Officer on 13th May, 2023 and hence the last date for
lodging the account of Election Expenses was 12th June, 2023; and
WHEREAS, as per the report dated 05.08.2024 of District Election Officer, Davangere under sub-
rule (1) of Rule 89 of the Conduct of Elections Rules, 1961 received through the Chief Electoral Officer,
Karnataka vide his letter no. DPAR/08/Chuvebha(Addl CEO-1)2023; dated 13.08.2024 stating that Sh.
Keerthi Kumar. K.S, a contesting candidate from 106- Davangere North Assembly Constituency in
General Election to Legislative Assembly of Karnataka, 2023 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, Davangere a 'Show Cause
Notice' No. 76/KT-LA/34/2023/CEMS-II, dated 20th September, 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. Keerthi
Kumar. K.S, 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. Keerthi Kumar. K.S 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, Davangere District within 20 days from the
date of receipt of the notice; and
WHEREAS, the District Election Officer, Davangere in his report no. ELNCR/57/2024-25; dated
28.03.2025 has reported that the candidate Sh. Keerthi Kumar. K.S. was not residing in the given address
and his whereabouts was not known, hence the said 'Show Cause Notice' was pasted on the wall of the
house and a mahazar was prepared 27.11.2024; and
WHEREAS, the District Election Officer, Davangere in his Supplementary Report no.
ELNCR/57/2024-25; dated 03.07.2025 on account of the candidate, received through Chief Electoral
Officer, Karnataka letter No. DPAR/08/Chuvebha (Addl.CEO-1) 2023; dated 10.07.2025 has reported that
Sh. Keerthi Kumar. K.S has not submitted any representation or statement of account of election
expenses. Further, after receipt of the said notice, Sh. Keerthi Kumar. K.S 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.
Keerthi Kumar. K.S 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. Keerthi Kumar. K.S, resident of # 1325, 2nd Stage,
S.P.S Nagara, Davanagere- 577006 and a contesting candidate from 106- Davangere North Assembly
Constituency of Karnataka in General Election to Legislative assembly, 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.
[F. No. 76/KT-LA/34/2023/CEMS-II]
RAKESH KUMAR, Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
GORAKHA NATH
YADAVA
Digitally signed by GORAKHA ΝΑΤΗ
YADAVA
Date: 2025.10.07 14:56:37 +05'30'