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Date: 2016-06-08 Category: Extra Ordinary State: Union Government Country: India

Appeal under Section 11 of the Representation of the People Act 1951 43 of 1951 for removal of disqualification imposed under Section 10A of the said Act on Shri Lokmani

Issued by Election Commission of India · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This document pertains to an appeal by Shri Lokmani Kant Jadaun, a candidate from the 81-Chhata Assembly Constituency, Uttar Pradesh, regarding a disqualification imposed for not filing election expenses in the 2012 elections. The Election Commission of India revokes the disqualification effective June 6, 2016, following a personal hearing and consideration of the presented appeal. The order is issued on June 7, 2016. Key Points / Main Content: * **Background:** * Shri Lokmani Kant Jadaun was disqualified on November 7, 2014, under Section 10A of the Representation of the People Act, 1951, for failing to submit election expense accounts for the 2012 Legislative Assembly General Election. * **Appeal:** * Shri Jadaun appealed the disqualification on August 18 and 26, 2015, under Section 11 of the same Act, including relevant documents and requesting a personal hearing. * **Hearing and Findings:** * The Appellate Authority, Shri Sandeep Saxena, Deputy Election Commissioner, heard Shri Jadaun on May 17, 2016. * The Appellate Authority found sufficient reason for the initial failure and noted that the election account has now been filed. * **Revocation of Disqualification:** * The Election Commission decided to revoke the disqualification imposed on Shri Lokmani Kant Jadaun. * The revocation is effective from June 6, 2016. Impact Analysis: **Shri Lokmani Kant Jadaun:** * Impact: The disqualification preventing him from contesting elections is lifted. * Action Required: No further action required as the disqualification has been revoked. **Election Commission of India:** * Impact: The order modifies a previous order of disqualification. * Action Required: Implement the order to revoke the disqualification, effective June 6, 2016. **Contesting Candidates from 81-Chhata Assembly Constituency:** * Impact: The pool of candidates has expanded. * Action Required: No action required.

Key Entities Referenced

Lokmani Kant Jadaun: A contesting candidate from 81-Chhata Assembly Constituency who was disqualified for not filing election expenses and later had the disqualification revoked. Representation of the People Act, 1951: An Act of the Parliament of India that provides for the conduct of elections to the Houses of Parliament and to the Legislative Assembly and Legislative Councils of each State. Election Commission of India: The autonomous constitutional authority responsible for administering election processes in India. Chhata Assembly Constituency, Uttar Pradesh: A legislative assembly constituency in the State of Uttar Pradesh, India, from which Lokmani Kant Jadaun contested. Legislative Assembly General Election, 2012: The general election to the Legislative Assembly that took place in 2012, during which Lokmani Kant Jadaun failed to submit his election expenses. Sandeep Saxena: Deputy Election Commissioner who served as the Appellate Authority and heard Lokmani Kant Jadaun's appeal. Section 10A of the Representation of the People Act, 1951: A section of the Representation of the People Act, 1951, related to disqualification for failure to lodge account of election expenses. Section 11 of the Representation of the People Act, 1951: A section of the Representation of the People Act, 1951, related to the removal or reduction of period of disqualification.
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