Home India Election Commission of India Appeal under Section 11 of the Representation of the People ...
Date: 2014-03-04 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 Ravi Kumar, a contesting candidate from 24- Pohari Assembly Constituency at the General Election to Madhya Pradesh Legislative Assembly held in 2008.

Issued by Election Commission of India · NOT available

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Executive Summary & Key Takeaways

Executive Summary: This document pertains to an appeal by Shri Ravi Kumar, a candidate from the 24 Pohari Assembly Constituency, seeking removal of disqualification imposed under Section 10A of the Representation of the People Act, 1951, due to failure to file election expense accounts during the 2008 Madhya Pradesh Legislative Assembly election. The Election Commission of India, after reviewing records and hearing the candidate, decided to reduce the period of disqualification. Effective from the date of this order (February 28, 2014), the disqualification imposed on Shri Ravi Kumar is removed. Key Points / Main Content: * **Background:** * Shri Ravi Kumar was disqualified on September 28, 2012, for not filing election expense accounts. * He appealed for removal of this disqualification, claiming he submitted the accounts and had valid reasons for any discrepancies. * **Decision:** * The Election Commission has decided to reduce the period of disqualification, after considering the appeal and submissions made by Shri Ravi Kumar. * The disqualification imposed on Shri Ravi Kumar is removed with effect from February 28, 2014. * His name will be deleted from the disqualification order dated September 28, 2012. Impact Analysis: * **Shri Ravi Kumar:** * *Impact:* The disqualification preventing him from contesting elections has been removed. * *Action Required:* No further action required.

Key Entities Referenced

Ravi Kumar: Contesting candidate from 24 Pohari Assembly Constituency, subject of disqualification and appeal. 24 Pohari Assembly Constituency: The assembly constituency from which Ravi Kumar contested the election in Madhya Pradesh. Madhya Pradesh Legislative Assembly: The legislative assembly of Madhya Pradesh, where the 2008 general election took place. Representation of the People Act, 1951: The Act under which Ravi Kumar was disqualified and under which he filed an appeal. Election Commission of India: The authority that issued the disqualification order and ultimately removed it. Section 10A of the Representation of the People Act, 1951: The specific section of the Representation of the People Act, 1951, under which the disqualification was initially imposed. Section 11 of the Representation of the People Act, 1951: The section of the Representation of the People Act, 1951, under which Ravi Kumar filed his appeal against the disqualification. New Delhi: Location where the order was issued
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O.N. 31(E).—Whereas, Shri Ravi Kumar, a contesting candidate from 24- Pohari Assembly Constituency in the State of Madhya Pradesh during General Election to Madhya Pradesh Legislative Assembly held in 2008, had been disqualified under Section 10A of the Representation of the People Act, 1951 (43 of 1951), for not filling any account of election expenses vide Commission’s Order No. 76/MP-LA/2008 (III), dated 28th September, 2012. Whereas, after receipt of the Commission’s disqualification order dated the 28th September, 2012, Shri Ravi Kumar filed appeal under Section 11 of the aforesaid Act for removal of disqualification imposed on him vide his representations dated 21st November, 2012 and 06th December, 2013 respectively, stating therein that he had submitted his accounts of election expenses before the Returning Officer for the said period 3rd November to 26th November, 2008. An acknowledgement of having submitted his account had also been obtained in this regard. Thereafter, he had incurred no expenditure since it was decided not to contest the election on health grounds. Being his first election, he was not well versed with the rule position of filing of accounts with the higher officer. Whereas, Shri Ravi Kumar was given personal hearing on 06th December, 2013. He has again prayed for the removal of the disqualification imposed on him vide Commission’s Order No. 76/MP-LA/2008 (III), dated 28th September, 2012, vide his letter dated 06.12.2013. Whereas, on pursing the records and hearing Shri Ravi Kumar, it is observed that the disqualification imposed is correct. Whereas, during the course of the hearing, the Appellate Authority is of the view that there are sufficient reasons that explained his failure to lodge the account of election expenses in the time and manner required by law and hence, taking a lenient view in the matter, in view of the submissions made by the appellant, the Appellate Authority hereon decides to reduce the period of disqualification imposed on him, under section 10A of the R.P. Act, 1951 vide Commission’s Order No. 76/MP-LA/2008 (III), dated 28th September, 2012. It is hereby decided, that the disqualification imposed on Shri Ravi Kumar, under section 10 A, vide Election Commission of India order dated 28th September, 2012 shall stand removed from the date of this Order. Consequently, the name of Shri Ravi Kumar appearing at Serial No. 11 in the Commission’s Order No. 76/MP-LA/2008 (III), dated 28th September, 2012, shall be deemed to have been deleted from the said order with effect from the date of this order. [No. 76/MP-LA/24/2008] By order, SUDHIR TRIPATHI, Dy. Election Commissioner . Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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