Home India Part V - Section 4 Order of the Election Commission of India--Disqualification ...
Date: 2025-02-28 Category: Not Applicable State: Tamil Nadu Country: India

Order of the Election Commission of India--Disqualification of Sh. P Krishnasamy, Candidate Contested from 37-Tenkasi (Sc) Parliamentary Constituency in General Election to Lok Sabha of Tamil Nadu, 2024 for Failure to Lodge the Accounts of Election Expenses under Section 10-A of the Representation of the People Act, 1951 by the Election Commission of India.

Issued by Part V - Section 4 · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document is a notification from the Election Commission of India, published in the Tamil Nadu Government Gazette on February 28, 2025. It announces the disqualification of Sh. P Krishnasamy from being a member of Parliament or a legislative body for three years. The disqualification stems from his failure to lodge accounts of election expenses for the 2024 Lok Sabha election as required by the Representation of the People Act, 1951. **Key Points / Main Content** * **Disqualification Order:** * Sh. P Krishnasamy, a candidate from 37-Tenkasi (SC) Parliamentary Constituency in the 2024 Lok Sabha elections, is disqualified. * The disqualification is effective from February 28, 2025, for a period of three years. * **Reason for Disqualification:** * Failure to lodge accounts of election expenses as mandated by Section 10A of the Representation of the People Act, 1951. * The deadline for submitting election expenses was July 4, 2024, following the declaration of election results on June 4, 2024. * Sh. P Krishnasamy failed to comply with the show-cause notice issued on October 7, 2024, and did not provide any representation or explanation for the failure. * **Legal Basis:** * The Election Commission of India's decision is based on Section 10A of the Representation of the People Act, 1951. * The District Election Officer, Tenkasi, reported the failure to lodge the account of election expenses. * **Scope of Disqualification:** * Sh. P Krishnasamy is barred from being chosen as or being a member of either House of the Parliament or the Legislative Assembly or the Legislative Council of a State or Union Territory during the disqualification period. **Impact Analysis** **Impact** * Sh. P Krishnasamy is barred from contesting elections or holding a seat in any legislative body for three years. **Action Required** * Sh. P Krishnasamy is informed of the disqualification decision and the reasons for it.

Key Entities Referenced

Election Commission of India: The central authority responsible for disqualifying Sh. P Krishnasamy for failing to lodge election expense accounts. Representation of the People Act, 1951: Law under which the disqualification is being ordered, specifically Section 10A. P Krishnasamy: Candidate disqualified for failing to lodge election expense accounts. 37-Tenkasi (SC) Parliamentary Constituency: Parliamentary constituency relevant to the disqualification of the candidate. Chennai: Location where the gazette is published.
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© [Regd. No. TN/CCN/467/2012-14 GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2025 [Price: Re. 0.80 Paise. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 97] CHENNAI, FRIDAY, FEBRUARY 28, 2025 Maasi 16, Kurothi, Thiruvalluvar Aandu–2056 Part V—Section 4 Notification by the Election Commission of India NOTIFICATION BY THE ELECTION COMMISSION OF INDIA ORDER OF THE ELECTION COMMISSION OF INDIA DISQUALIFICATION OF SH. P KRISHNASAMY, CANDIDATE CONTESTED FROM 37-TENKASI (SC) PARLIAMENTARY CONSTITUENCY IN GENERAL ELECTION TO LOK SABHA OF TAMIL NADU, 2024 FOR FAILURE TO LODGE THE ACCOUNTS OF ELECTION EXPENSES UNDER SECTION 10-A OF THE REPRESENTATION OF THE PEOPLE ACT, 1951 BY THE ELECTION COMMISSION OF INDIA. No. SRO G-14/2025 The following order of the Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001, dated.20th February, 2025 [01 Phagun, 1946 (Saka)] is re-published:- No.76/TN-PC/2024/CEMS-II WHEREAS, the General Election to Lok Sabha of Tamil Nadu, 2024 for 37-Tenkasi (SC) Parliamentary Constituency was held in pursuance of the Election Commission of India Notification No. O.N.59(E), dated 20th March, 2024; 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 37-Tenkasi (SC) Parliamentary Constituency of Tamil Nadu, 2024 was declared by the Returning Officer on 04th June, 2024 and hence the last date for lodging the account of Election Expenses was 4th July, 2024; and WHEREAS, as per the report dated 05.07.2024 of District Election Officer, Tenkasi under sub rule (1) of Rule 89 of the Conduct of Elections Rules, 1961 received through the CEO, Tamil Nadu vide his letter no. 16778/Ele-IV/2024-3, dated 23.07.2024 stating that Sh. P Krishnasamy, a contesting candidate from 37-Tenkasi (SC) Parliamentary Constituency in General Election to Lok Sabha of Tamil Nadu, 2024, 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, Tenkasi, a Show-Cause Notice No. 76/TN-PC/ 2024/CEMS-II, dated 07th October, 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. P Krishnasamy, 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. P Krishnasamy, was directed to submit representation in writing to the Commission explaining the reasons for not V-4 Ex. (97) [ 1 ]2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY lodging the account and also to lodge the account of his election expenses with the District Election Officer, Tenkasi District within 20 days from the date of receipt of the notice; and WHEREAS, the District Election Officer, Tenkasi in his report no. COLR/9812/2024-E1; dated 18.10.2024 has reported that the said Show Cause Notice was served to Sh. P Krishnasamy, on 15.10.2024; and WHEREAS, the District Election Officer, Tenkasi in his Supplementary Reports no. COLR/9812/2024-E1; dated 15.11.2024 on account of the candidate received through CEO, Tamil Nadu letter No. 20696/Ele-IV/2024-5, dated 17.12.2024 has reported that Sh. P Krishnasamy, has not submitted any representation or statement of account of election expenses. Further, after receipt of the said notice, Sh. P Krishnasamy, 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. P Krishnasamy, 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. P Krishnasamy, resident of 73(2) Kadanjikalam, Kesavapuram, Kattalaikudiyiruppu Post, Shenkottai Taluk, Tenkasi District and a contesting candidate from 37-Tenkasi (SC) Parliamentary Constituency of G.E. to PC of Tamil Nadu, 2024, 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. To Sh. P Krishnasamy, 73(2) Kadanjikalam, Kesavapuram, Kattalaikudiyiruppu Post, Shenkottai Taluk, Tenkasi District. (By Order) Sujeet kumar mishra, Secretary, Election Commission of India. Secretariat, ARCHANA PATNAIK, Chennai-600 009, Chief Electoral Officer and 28th February 2025. Secretary to Government, Public (Elections) Department. PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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