Disqualification order

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-09042024-253622 EXTRAORDINARY PART II-Section 3-Sub-section (iii) PUBLISHED BY AUTHORITY No. 91] NEW DELHI, TUESDAY, APRIL 9, 2024/CHAITRA 20, 1946 2478 GI/2024 (1) ELECTION COMMISSION OF INDIA ORDER New Delhi, the 12th March, 2024 O.N. 100(Ε).—WHEREAS, Shri S. Sudershan Rao (hereinafter referred to as "the candidate") was a contesting candidate for the General Election to the Lok Sabha, 2019 from 01- Andaman & Nicobar Islands Parliamentary Constituency, held in the year, 2019. As per the Section 78 of the Representation of the People Act, 1951 the contesting candidate is required to lodge his account of election expenses within 30 days of declaration of result kept by him or by his election agent under Section 77 of the Act; and WHEREAS, The District Election Officer (hereinafter referred to as DEO), South Andaman vide his letter dated 24.06.2019 reported the Shri S. Sudershan Rao, contesting candidate did not file the account of his election expenses. The Candidate was issued Show Cause Notice by the Commission on 13.08.2020 under rule 89(5) of the Conduct of Election Rules 1961 for failing to lodge his account of election expenses for disqualification u/s 10(A) of the RP Act, 1951. The DEO, South Andaman has reported that the candidate was not residing at the address provided by him at the time of filing nomination form during general Election to the Lok Sabha, 2019 for 1-Andaman & Nicobar Islands Parliamentary Constituency and therefore, the signature of witnesses were also obtained regarding serving of the notice at the given address in the Affidavit filed with the said nomination form; and WHEREAS, the DEO, South Andaman vide his Supplementary Report dated 24.06.2021 has informed that the candidate has not submitted his election expenses even after the receipt of the Commission's show because notice dated 13.08.2020; and WHEREAS, vide letter No. 76/ANI-HP/SOU3/2019 dated 01.07.2021, the said notice was also served to the candidate through e-mail on 01.07.2021 to Sh. Sudershan Rao's email id [email protected], given in Affidavit with direction to S. Sudershan Rao submit a reply to the said notice within 20 days of receipt of the said letter i.e. latest by 21.07.2021; and WHEREAS, Sh. S. Sudershan Rao has not responded to the said notice and he was disqualified for not lodging his account of election expenses under section 10A of the Representation of People Act, 1951 vide Commission's Order No. 76/ANI-HP/SOU3/2019 dated 17.08.2021 for being chosen as, and for being, a member of either House of the Parliament or of Legislative Assembly or Legislative Council of a State for a period of three years; and WHEREAS, the said contesting candidate has submitted a representation along with expenditure details to the Commission on 31.01.2024 which was considered as Appeal by the Appellate Authority, Election Commission of India and the said representation was sent for comments to the DEO, South Andaman through Chief Electoral Officer, Andaman & Nicobar Islands vide ECI's letter dated 02.02.2024; and WHEREAS, the DEO, South Andaman vide his letter 01.03.2024 through Chief Electoral Officer, Andaman & Nicobar Islands's letter dated 04.03.2024 has reported that the said candidate has declared an expenditure of Rs. 74,618 in part II of the expenditure register while an amount of Rs. 1,21,089/- was reported in the bank statement and; WHEREAS, the said Sh. S. Sudershan Rao vide his representation dated 05.03.2024 has furnished an affidavit and stated that he could not submit the remaining vouchers of Rs. 46,471/- of total expenditure of Rs. 1,21,089/- as he has incurred this expenditure through cash and due to difficult terrains of the Andaman and Nicobar Islands, no vouchers are available with him to produce which does not alter his ceiling limit.; and WHEREAS, the undersigned has carefully considered the submission made by Sh. S. Sudershan Rao during the personal hearing as well as the points raised by him in his representation/Appeal dated 30.01.2024 and 06.03.2024 including all other relevant facts in the case; and WHEREAS, since even after serving notice, the candidate did not submit any representation against the Commission's said Show Cause Notice dated 13.08.2020, till the time of his disqualification, the undersigned is of the view that though the case is not fit for removal of disqualification altogether, the ends of justice will be adequately met if the disqualification period is reduced to the period already undergone as the candidate has furnished his complete account of election expenses to the authority on 06.03.2024; and NOW, THEREFORE, under 19 (A) of the RP Act, 1951, in exercise of the powers delegated in this regard by the Election Commission, the undersigned hereby orders, under Section 11 of the Representation of the People Act, 1951, that the disqualification imposed on 17th August, 2021 vide Order No. 76/ANI-HP/SOU3/2019 under Section 10A of the said Act, on the said Shri S. Sudershan Rao be reduced to the period up to and including 05th March, 2024, and the said disqualification shall not be operative with effect from 06th March, 2024 onwards. It is further ordered that this order shall be executed immediately by all concerned. Ordered Accordingly. [No. 76/ANI-HP/SOU3/2024] By Order, AJAY BHADOO, Dy. Election Commissioner 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.