**Report on Election Commission Orders Regarding Disqualification for Failure to Lodge Election Expenses**
**1. Executive Summary:**
This report analyzes two orders (O.N. 218 and O.N. 219) issued by the Election Commission of India (ECI), published in the Gazette of India on August 7, 2021. These orders pertain to the disqualification of two candidates, Sh. Zaffar Obaid and Sh. Anup Kumar Sinha, who contested in the 2019 Lok Sabha General Election from the 3Godda Parliamentary Constituency in Jharkhand. The disqualifications stem from their failure to lodge accounts of election expenses within the stipulated time frame, as required by the Representation of the People Act, 1951. The report details the background, rationale, and implications of these orders, focusing on the legal provisions and procedural aspects leading to the disqualifications.
**2. Introduction:**
The purpose of this report is to provide an informative overview of two orders issued by the Election Commission of India regarding the disqualification of election candidates for failing to submit their election expense accounts. The analysis is based solely on the text provided in the official Gazette publication.
**3. Policy Overview:**
* This report analyzes the implementation of existing election laws, specifically Section 10A of the Representation of the People Act, 1951, rather than a new policy or amendment.
* **Core Objective(s):** The core objective of these orders, derived from the text, is to enforce compliance with election expenditure reporting requirements as stipulated by the Representation of the People Act, 1951, and to ensure transparency and accountability in election financing. Furthermore, it seeks to disqualify candidates who fail to comply with these requirements without justifiable reasons.
**4. Background and Rationale:**
The policy addresses the issue of candidates failing to adhere to the legal requirement of submitting accurate and timely accounts of their election expenses. The rationale for issuing these orders stems from the need to uphold the integrity of the electoral process by ensuring that candidates are transparent about their campaign financing. The text suggests that the Election Commission initiated the disqualification process after receiving reports from the District Election Officer, Godda, Jharkhand, and the Chief Electoral Officer, Jharkhand, indicating that the candidates in question had failed to submit their expense accounts.
**5. Key Provisions / Changes:**
These orders are implementations of existing law (Section 10A of the Representation of the People Act, 1951). They do not introduce new policy but rather enforces already existing policy. The actions mandated by the text are:
* **Disqualification:** Both Sh. Zaffar Obaid and Sh. Anup Kumar Sinha are declared disqualified from being chosen as, and for being, a member of either House of Parliament or the Legislative Assembly or Legislative Council of a State or Union Territory.
* **Duration:** The disqualification period is three years, effective from the date of the order (August 5, 2021).
* **Legal Basis:** The disqualifications are based on Section 10A of the Representation of the People Act, 1951, which empowers the ECI to disqualify candidates who fail to lodge their election expense accounts within the prescribed time and manner without good reason or justification.
* **Show Cause Notice:** Prior to disqualification, the ECI issued show cause notices to the candidates, providing them an opportunity to explain their failure to submit their expense accounts. The candidates failed to provide a satisfactory explanation or submit the required documents.
**6. Target Audience and Stakeholders:**
The immediate target audience comprises Sh. Zaffar Obaid and Sh. Anup Kumar Sinha.
Other affected stakeholders:
* **Political Parties:** Bahujan Samaj Party (in the case of Sh. Zaffar Obaid), as the order impacts their candidate's eligibility.
* **Future Candidates:** Serves as a deterrent to future candidates, emphasizing the importance of adhering to election expense reporting requirements.
* **The Electorate:** The broader electorate, as it reinforces the integrity and transparency of the electoral process.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency:** The Election Commission of India is the primary responsible agency for implementing these orders.
* **Reporting Agencies:** The District Election Officer, Godda, Jharkhand, and the Chief Electoral Officer, Jharkhand, play a crucial role in reporting non-compliance to the ECI.
* **Timelines & Procedures:**
* Candidates are required to submit their election expense accounts within 30 days of the election result declaration (as per Section 78 of the Representation of the People Act, 1951).
* The ECI issues show cause notices to non-compliant candidates.
* Candidates have a stipulated time (20 days, according to the provided text) to respond to the show cause notice and submit their accounts.
* Failure to comply or provide a satisfactory explanation leads to disqualification.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome of these disqualifications is to:
* **Enforce Compliance:** Encourage strict adherence to election expense reporting requirements.
* **Maintain Transparency:** Uphold the transparency and accountability of election financing.
* **Deter Non-Compliance:** Discourage future candidates from neglecting their expense reporting obligations.
* **Reinforce Electoral Integrity:** Strengthen the overall integrity and fairness of the electoral process.
**9. Conclusion:**
The Election Commission's orders disqualifying Sh. Zaffar Obaid and Sh. Anup Kumar Sinha underscore the importance of complying with election expense reporting requirements. These actions reinforce the ECI's commitment to ensuring transparency, accountability, and integrity in the electoral process. The disqualifications serve as a deterrent to future candidates, emphasizing the legal consequences of failing to meet their reporting obligations as mandated by the Representation of the People Act, 1951.
Key Entities Referenced
Election Commission: The Election Commission of India, the issuing authority of the order.
Lok Sabha: The Lower House of the Parliament of India, the election to which is being discussed.
Jharkhand: A state in India where the Lok Sabha election of 2019 was held, leading to the disqualification of candidates for failing to submit election expenses.
Representation of the People Act, 1951: An act of the Parliament of India that governs the elections.
District Election Officer, Godda: The District Election Officer of Godda, responsible for submitting reports on election expenses.
Chief Electoral Officer, Jharkhand: The Chief Electoral Officer of Jharkhand, responsible for forwarding reports on election expenses.
Conduct of Election Rules, 1961: The rules governing the conduct of elections in India.
Zaffar Obaid: A contesting candidate of Bahujan Samaj Party from 3Godda Assembly Constituency in Jharkhand State, who was disqualified for not submitting election expenses.
Bahujan Samaj Party: A political party in India. Zaffar Obaid was contesting candidate from this party.
Godda Parliamentary Constituency: A parliamentary constituency in Jharkhand State. Zaffar Obaid and Anup Kumar Sinha contested from this constituency.
Anup Kumar Sinha: An Independent contesting candidate for General Election to Lok Sabha of Jharkhand, 2019 from 3Godda Parliamentary Constituency in the State of Jharkhand, to be disqualified for being chosen as and for being a member of either House of Parliament or the Legislative Assembly or Legislative Council of a State or Union Territory for a period of three years from the date of this order.
Arvind Anand: Principal Secretary and signatory of the order issued by the Election Commission of India.
रजिस्ट्री स.ं डी.एल. (एन) 04/0007/2003—05 REGD. NO. D. L. (N) 04/0007/2003—05
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CG-DL-W-11082021-228892
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प्राजिकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
साप्त ाजिक
WEEKLY
स.ं 18] नई दिल्ल ी, अगस्ट्त 1—अगस्ट्त 7, 2021, िजनवार / श्रावण 10—श्रावण 16, 1943
No. 18] NEW DELHI, AUGUST 1—AUGUST 7, 2021, SATURDAY / SRAVANA 10 – SRAVANA 16, 1943
इस भाग म ेंजभन्न ृ्ष स्ं ा िी िाती ि ैजिसस ेदक ि ृथष क सकं लन के रूृ म ेंरखा िा सके
Separate Paging is given to this Part in order that it may be filed as a separate compilation
भाग II—खण्ड 3—उृ-खण्ड (iii)
PART II—Section 3—Sub-section (iii)
केन्र ी अजिकारर ों (सघं राज् क्षे्र े प्रिासनों क ो ़ककर) ्ारा िारी दकए गए सािारण दििे रर अजिसनच नाएं
Orders and Notifications issued by the Central Authorities (Other than the Administrations of Union
Territories)
भारत जनवाना न द ग
दििे
नई दिल् ली, 5 अगस्ट्त , 2021
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4029 GI/2021 (465)466 THE GAZETTE OF INDIA : AUGUST 7, 2021/SRAVANA 16, 1943 [PART II—SEC. 3(iii)]
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ß;fn fuokpZ u vk;ksx dk lek/kku gks tkrk gS fd dksbZ O;fDr&
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[Qk- la- >kj-&लो॰स॰/iwoZ vuq&1@3@2019]
आदेश से,
vjfoUn vkuUn, ç/kku lfpo
ELECTION COMMISSION OF INDIA
ORDER
New Delhi, the 5th August, 2021
O.N. 218.—WHEREAS, the General Election to Lok Sabha of Jharkhand, 2019 was announced by Election
Commission vide Press Note No. ECI/PN/23/2019 dated 10thMarch, 2019. As per the schedule, the date of Counting
was 23rd May, 2019.
AND WHEREAS, as per Section 78 of the Representation of the People Act, 1951, every contesting
candidate has to lodge a true copy of his account of election expenses within 30 days with the District Election
Officer, concerned from the date of election of returned candidate;
AND WHEREAS, the result of the said election was declared by the concerned Returning Officer including
3-Godda Parliamentary Constituency in Jharkhand State on 23rd May, 2019. As such the last date for lodging of
account of election expenses was 22nd June, 2019.[भाग II—खण् ड 3(iii)] भारत का रािृ्र : अगस्ट्त 7, 2021/श्रावण 16, 1943 467
AND WHEREAS, as per the report vide letter No. 1580/fuokŒZ dated 24th June, 2019 submitted by the
District Election Officer, Godda Jharkhand and forwarded by Chief Electoral Officer, Jharkhand vide letter No.
01@fuokZ&bZ-b-Z,e&dk-s&23@2019@5197, dated 05th July, 2019, Sh. Zaffar Obaid, a contesting candidate of Bahujan Samaj
Party from 3-Godda Assembly Constituency in Jharkhand State, has failed to lodge any account of his election
expenses as required by law.
AND WHEREAS, on the basis of the reports of the District Election Officer, Godda, Jharkhand and the
Chief Electoral Officer, Jharkhand, a Show Cause Notice dated 23rd August, 2019 was issued by Election
Commission under Sub Rule (5) of Rule 89 of the Conduct of Election Rules, 1961 to Sh. Zaffar Obaid for non-
submission of Election expenses;
AND WHEREAS, as per Sub Rule(6) of Rule 89 of the Conduct of Election Rules, 1961, through the above
said Show Cause Notice, dated 23rd August, 2019, Sh. Zaffar Obaid, was directed to submit his representation in
writing to the Commission explaining the reason for non-submission of accounts and also to lodge his accounts of
election expenses/rectify the defects in his accounts and submit the same to the District Election Officer concerned
within 20 days from the date of receipt of the notice;
AND WHEREAS, the said notice was received by Anwarulhasan, maternal uncle of Sh. Zaffar Obaid, on
21st September, 2019. Acknowledgment receipt obtained from the candidate has been submitted to the Commission
by District Election Officer, Godda vide his letter No. 1642@fuok०Z dated 21st September, 2019.
AND WHEREAS, in the supplementary report submitted by District Election Officer, Godda vide his letter
154@ft०fuok०Z dated 14th June, 2021, it has been stated that Sh. Zaffar Obaid has not submitted any representation
or his account of election expenses, duly signed along with original vouchers etc. till date. Further, he has furnished
neither any reason nor explanation for the said failure even after receipt of the due notice to the Election Commission
of India as well;
AND WHEREAS, the Commission is satisfied that Sh. Zaffar Obaid, has failed to lodge an account of
election expenses and has no good reason or justification for the failure;
AND WHEREAS, Section 10A of the Representation of the People Act, 1951 stipulates 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 law or under this Act, and
(b) has no good reason or justification for the failure,
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 date of the order.”
NOW THEREFORE, in pursuance of Section 10A of the Representation of the People Act, 1951, the
Election Commission hereby declares Sh. Zaffar Obaid, resident of H.No.-191, Babugaon, P.O- Matwari, Dist-
Hazaribagh, Jharkhand-825301 and a contesting candidate of Bahujan Samaj Party for General Election to Lok
Sabha of Jharkhand, 2019 from 3-Godda Parliamentary Constituency in the State of Jharkhand, to be disqualified for
being chosen as and for being a member of either House of Parliament or the Legislative Assembly or Legislative
Council of a State or Union Territory for a period of three years from the date of this order.
[F. No.JKD-HP/ES-I/3/2019]
By order,
ARVIND ANAND, Principal Secy.
दिेि
नई दिल् ली, 5 अगस्ट्त , 2021
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fuokpZ u dh rkjh[k ls 30 fnukas ds Hkhrj fuokpZ u O;; ds vius y[s k s dh lgh izfr ftyk fuokpZ u vf/kdkjh dks nkf[ky djuh gksrh gS;
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fd, x, FkAs bl idz kj] fuokZpu O;; ds y[s k s nkf[ky djus dh vafre rkjh[k 22 tuw ] 2019 Fkh;468 THE GAZETTE OF INDIA : AUGUST 7, 2021/SRAVANA 16, 1943 [PART II—SEC. 3(iii)]
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ORDER
New Delhi, the 5th August, 2021
O.N. 219.— WHEREAS, the General Election to Lok Sabha of Jharkhand, 2019 was announced by Election
Commission vide Press Note No. ECI/PN/23/2019 dated 10thMarch, 2019. As per the schedule, the date of Counting
was 23rd May, 2019.
AND WHEREAS, as per Section 78 of the Representation of the People Act, 1951, every contesting
candidate has to lodge a true copy of his account of election expenses within 30 days with the District Election
Officer, concerned from the date of election of returned candidate;[भाग II—खण् ड 3(iii)] भारत का रािृ्र : अगस्ट्त 7, 2021/श्रावण 16, 1943 469
AND WHEREAS, the result of the said election was declared by the concerned Returning Officer including
3-Godda Parliamentary Constituency in Jharkhand State on 23rd May, 2019. As such the last date for lodging of
account of election expenses was 22nd June, 2019.
AND WHEREAS, as per the report vide letter No. 1580/ dated 24th June, 2019 submitted by the
District Election Officer, Godda Jharkhand and forwarded by Chief Electoral Officer, Jharkhand vide letter No.
01 5197, dated 05th July, 2019, Sh. Anup Kumar Sinha, an Independent contesting
candidate from 3-Godda Assembly Constituency in Jharkhand State, has failed to lodge any account of his election
expenses as required by law.
AND WHEREAS, on the basis of the reports of the District Election Officer Godda, Jharkhand and the
Chief Electoral Officer, Jharkhand, a Show Cause Notice dated 23rd August, 2019 was issued by Election
Commission under Sub Rule (5) of Rule 89 of the Conduct of Election Rules, 1961 to Sh. Anup Kumar Sinha for
non-submission of Election expenses;
AND WHEREAS, as per Sub Rule(6) of Rule 89 of the Conduct of Election Rules, 1961, through the above
said Show Cause Notice, dated 23rd August, 2019, Sh. Anup Kumar Sinha, was directed to submit his
representation in writing to the Commission explaining the reason for non-submission of accounts and also to lodge
his accounts of election expenses/rectify the defects in his accounts and submit the same to the District Election
Officer concerned within 20 days from the date of receipt of the notice;
AND WHEREAS, the said notice was received by Anup Kumar Sinha, before on 28th September, 2019.
Acknowledgment receipt obtained from the candidate has been submitted to the Commission by District Election
Officer, Godda vide his letter No. 1629(ii) ० dated 28th September, 2019.
AND WHEREAS, in the supplementary report submitted by District Election Officer, Godda vide his letter
154 ० ० dated 14th June, 2021, it has been stated that Sh. Anup Kumar Sinha has not submitted any
representation or his account of election expenses, duly signed along with original vouchers etc. till date. Further, he
has furnished neither any reason nor explanation for the said failure even after receipt of the due notice to the Election
Commission of India as well;
AND WHEREAS, the Commission is satisfied that Sh. Anup Kumar Sinha, has failed to lodge an account
of election expenses and has no good reason or justification for the failure;
AND WHEREAS, Section 10A of the Representation of the People Act, 1951 stipulates 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 law or
under this Act, and
(b) has no good reason or justification for the failure,
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 date of the order.”
NOW THEREFORE, in pursuance of Section 10A of the Representation of the People Act, 1951, the
Election Commission hereby declares Sh. Anup Kumar Sinha, resident of 76, Kamla Kutir Gosai Toli, Near
Chutiya, P.S- Chutiya, Ranchi, Jharkhand-834001 and an Independent contesting candidate for General Election
to Lok Sabha of Jharkhand, 2019 from 3-Godda Parliamentary Constituency in the State of Jharkhand, to be
disqualified for being chosen as and for being a member of either House of Parliament or the Legislative Assembly or
Legislative Council of a State or Union Territory for a period of three years from the date of this order.
[F. No.JKD-HP/ES-1/3/2019]
By Order,
ARVIND ANAND, Principal 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.