## Policy Analysis Report: Removal of Disqualification for Smt. Kalpana Jha
**1. Executive Summary:**
This report analyzes a notification from the Government of the National Capital Territory of Delhi, published on June 10, 2021. This notification concerns the removal of disqualification for Smt. Kalpana Jha, a candidate in the Delhi Municipal Corporation elections held on April 23, 2017. Smt. Jha was initially disqualified for six years due to a delay in submitting a required affidavit related to election expenses. This notification, based on a representation from Smt. Jha and a review of the circumstances by the State Election Commissioner, removes the disqualification with immediate effect, effectively allowing her to contest elections again. The core purpose is to address an individual case of non-compliance and rectify the previous disqualification. The key finding is that the disqualification has been removed, but with a formal caution and warning regarding future compliance and notification of address changes.
**2. Introduction:**
The purpose of this report is to provide an informative analysis of a notification published by the Government of the National Capital Territory of Delhi concerning the removal of disqualification of an election candidate. The analysis is based solely on the provided text of the notification.
**3. Policy Overview:**
This notification functions as an amendment, correcting a prior decision regarding a candidate's eligibility.
* **Core Objective(s):** The core objective is to rectify a previously imposed disqualification on Smt. Kalpana Jha, thereby restoring her eligibility to contest elections.
**4. Background and Rationale:**
This document amends a prior decision to disqualify Smt. Kalpana Jha. The original disqualification stemmed from a delayed submission of an affidavit concerning election expenses, violating Rule 104(2) of the Delhi Municipal Corporation Election of Councillors Rules, 2012. The rationale for this specific amendment appears to be based on Smt. Jha's representation, wherein she apologized for the delay (citing delayed filing and a change of address as contributing factors) and requested the removal of her disqualification. The State Election Commissioner, based on the overall facts and the explanation provided, found sufficient grounds to remove the disqualification, invoking powers under Rule 111 of the relevant rules.
**5. Key Provisions / Changes:**
This document serves as an amendment to remove the disqualification previously imposed on Smt. Kalpana Jha.
* **Specific Part of Original Policy Being Changed:** It directly alters the effect of the initial disqualification order issued under rule 110 of said rules.
* **New Rule/Provision:** The new "provision" is the immediate removal of Smt. Kalpana Jha from the list of disqualified candidates. This is achieved by invoking the powers under Rule 111, which likely provides a mechanism for reviewing and potentially overturning disqualifications.
* **Difference/Effect of This Change:** The effect is to restore Smt. Jha's eligibility to contest elections, which she was previously barred from doing for six years. However, this removal is accompanied by a caution regarding future compliance with election expense reporting rules and a warning to properly notify authorities of any change of address.
**6. Target Audience and Stakeholders:**
The most directly affected stakeholder is Smt. Kalpana Jha, as the notification directly impacts her eligibility to participate in future elections. Other stakeholders include:
* The State Election Commission of Delhi, responsible for administering and overseeing the election process.
* Other potential candidates and political parties in the Delhi Municipal Corporation elections, as the pool of eligible candidates is now altered.
* Voters in the relevant constituencies, who now have the option of voting for Smt. Jha.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The State Election Commission (specifically, the State Election Commissioner, S.K. Srivastava) is responsible for implementing this amendment.
* **Timelines or Procedures:** The amendment takes effect immediately upon publication.
* **Implementation related specifically to the change:** The State Election Commission will need to update its records to reflect the removal of Smt. Jha's disqualification.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of this specific change is to rectify what the State Election Commissioner now views as an unduly harsh penalty, given Smt. Jha's representation and subsequent apology. The potential impact of the amendment is:
* Smt. Jha can now participate in future elections.
* The decision sets a precedent (though likely limited to cases with similar circumstances) for the potential review and overturning of candidate disqualifications.
* It highlights the importance of timely and accurate reporting of election expenses and the need for candidates to keep their contact information updated with the election authorities.
**9. Conclusion:**
The notification analyzed in this report documents the removal of Smt. Kalpana Jha's disqualification from contesting elections, a decision made by the State Election Commissioner after considering her representation. While restoring her eligibility, the Commission also issued a formal caution and warning concerning future compliance with election regulations. This notification clarifies the Commission's stance on enforcing election rules while retaining the power to address exceptional cases based on individual circumstances. It also underscores the responsibility of candidates to adhere strictly to election expenditure rules and maintain accurate contact information with the relevant authorities.
Key Entities Referenced
National Capital Territory of Delhi: A Union Territory and city in India.
Delhi Municipal Corporation Election of Councillors Rules, 2012: Rules governing the election expenses for municipal corporation elections in Delhi.
Smt. Kalpana Jha: A candidate who contested in the General Election to the three Municipal Corporations of Delhi and was initially disqualified for failing to properly file election expenses.
Form 20: A form for filing a supporting affidavit authenticating the accounts submitted for election expenses.
S.K. Srivastava: State Election Commissioner, who removed the disqualification of Smt. Kalpana Jha.
State Election Commission N.C.T. of Delhi and UT Chandigarh: The Election commission for Delhi and Chandigarh
General Election to the three Municipal Corporations of Delhi: Election held on 23.04.2017
रजजस्टर्ी्ज ्जी-3/डी्एल्(एन)्04/009/2003—05् REGD. No. G-3/DL (N)-04/0009/2003—05
भारत जरकार
GOVERNMENT OF INDIA
एस.जी.-डी.एलxx.x-GसIDाH.-x2x2x 062021-227771
SG-DLx-xWxG-I2D2E0x6x2x 021-227771
प्राजिकार्ज्े प्रकाजित्
PUBLISHED BY AUTHORITY
जाप्त् ाजिक्
WEEKLY
ज. 08] दिल्ली, जनू ््4—जनू ्10, 2021, बृिस्टप्जतिार/्ज्य्ष्टे ठ््14 —््ज्य्ष्टे ठ्््20, 1943 [रा.रा.रा.्.ेदि.ज . 40
No. 08 ] DELHI, JUNE 4—JUNE 10, 2021, THURSDAY/JYAISTHA 14— JYAISTHA 20, 1943 [N.C.T.D. No. 40
भाग —IV
PART –IV
भाग- I्म्ेंजजममजलत्अजिजचू नाओं्को्छोड़कर्राष्टर्ीय्राजिानी्राज्य् ्््रे , दिल्ल् ी्जरकार्के््जिभागों्
की्अजिजचू नाए ्
Notifications of Departments of the Government of the National Capital Territory of Delhi other than
Notifications included in Part-I
राष्टर्ीय्राजिानी्राज्य् ्््रे , दिल्ल् ी्जरकार
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
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STATE ELECTION COMMISSION
N.C.T. OF DELHI AND UT CHANDIGARH
ORDER
Delhi, the 4th June, 2021
No. F.1/ (81)/SEC/ADMN/2021/294.—
WHEREAS General Election to the three Municipal Corporations of Delhi were held on 23.04.2017.
AND WHEREAS every contesting candidate was required to file the accounts for election expenses in
accordance with the provisions of Rule 104 of the Delhi Municipal Corporation (Election of Councillors) Rules, 2012.
AND WHEREAS the said rules and more particularly Rule 104 (2) requires due authentication of the
accounts submitted by way of filing a supporting affidavit in form 20. A copy of the instructions, relevant rules and of
Form 20 are duly contained and reproduced in the Register of election expenses, which is to be filed by every
candidate.
AND WHEREAS Smt. Kalpana Jha had submitted account of election expenditure on 06.5.2017. But it was
noticed that affidavit (required in compliance of Rule 104 (2) of the aforesaid Rules) submitted by her was dated
09.05.2017 while the last date for filing of account was 06.05.2017.
AND WHEREAS a Show Cause Notice was sent to Smt. Kalpana Jha in accordance with the aforesaid Rules
but the same was returned undelivered on 07.09.2020 with the remarks “Left from address”.
AND WHEREAS Smt.Kalpna Jha was accordingly disqualified under rule 110 of said rules for 06 years vide
Order No. F.1(81)/Admin./SEC/2020/7130 dated 25.01.2021.
AND WHEREAS Smt.Kalpna Jha has now submitted a representation on 01.03.2021 wherein she has stated
that she submitted all election related expenses details in time and also admitted that she filed affidavit after the delay
of 2-3 days. She apologized for the same. She has further stated that she had not received any letter because she
changed her residence. She has apologized this lapse and requested to remove her disqualification under rule 111 of
the said Rules.
NOW, THEREFORE, having considered overall facts of the case and request of Smt. Kalpana Jha for
considering it to be bonafide, I, S.K. Srivastava, State Election Commissioner, am satisfied with the explanation andPART IV] DELHI GAZETTE, NATIONAL CAPITAL TERRITORY GOVT.: JUNE 10, 2021/ JYAISTHA 20, 1943 47
remove her disqualification, invoking the powers under Rule 111 of the aforesaid Rules, with immediate effect. She is
however cautioned to be careful on this account in future and this omission has been duly noted on record. She is also
warned that change of address need to be duly notified.
S.K. SRIVASTAVA, State 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.