' Beyond a Billon Ballots' in Mumbai on 27th June, 2013 in the presence of several ELECTION COMMISSION OF INDIA. Notice

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1 ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-11OOO1 NO.76lMT -HP t2013 CE MS-l I Notice (ACCOUNTS NOT LODGED IN THE MANNER REQUIRED BY LAW) WHEREAS, you had contested the General Election of Lok Sabha in 2009 from 39- BEED Parliamentary Constituency; and Whereas, under Section 77 (1) of the Representation of the People Act, 1g51, every candidate at an election is required to keep a separate and correct account of all expenditure in connection with an election incurred or authorized by the candidate or his election agent between the date of filling of nomination paper and the date of declaration of the result of election; and Whereas, under section 78 of the Representation of the People Act, 1951 the candidate is required to lodge with the District Election Officer a true copy of the account kept by him under Section 77 within 30 days of the declaration of result of the election; and Whereas, you lodged your account of election expenses with the District Election Officer, BEED, on showing an expenditure of only Rs and supported by an Affidavit by you; and Whereas, you have publicly admitted, while speaking at the launch of book titled, ' Beyond a Billon Ballots' in Mumbai on 27th June, 2013 in the presence of several important leaders like Shri Narendra Modi, Chief Minister of Gujarat and Shri Nitin Gadkari, former President of Bhartiya Janta Party, that you spent Rs. 8 crores as your election expenses in the said election; and, Whereas, a copy of the CD, covering your said speech on 27th June, 2013 is enclosed for your perusal; and Whereas, as aforesaid, you have shown an expenditure of only as your election expenditure on the said election as per your account of election expenses maintained under section 77 of the R.P.Act, 1951 and lodged on , under section 78 of the R.P.Act, 1951; and Whereas, it is evident from the above that, as per your own admission in public, you in fact spent Rs. 8 crores as your election expenditure and thus, you did not maintain a true account of your election expenses as required under section 77 oi the

2 R.P.Act, 1951 and, therefore the account lodged by you under section 78 of the R.P.Act, 1951, is not in the manner required by law; Now, therefore, under sub rule (5) of Rule 89 of the Conduct of Elections Rules, 1961, the Election Commission hereby gives you notice to show cause why you shoutd not be disqualified under section 10 A of the R.P.Act, 1951 for your failure to maintain a true and correct account of your election expenses as required by law, for not lodging the true account of your election expenditure by suppressing/undervaluing the said expenditure, and thus having failed to lodge your account of election expenses in the manner required by law. The reasons for the said default should be explained by you in writing and your explanation should reach the Commission within 20 days from the date of receipt of this notice. ln case, you fail to do so, within the time stipulated above, you will render yourself liable, without any further reference to you in the matter, for disqualification under section 10 A of the Representation of the People Act, 1951 for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State or Union Territory for a period of 3 years from the date of order of the Commission declaring you to be so disqualified. [Extracts of the Sections 10A,77 and 78 of the Representation of the People Act, 1951 and of the Rules 86 and 89 of the Conduct of Elections Rules, 1961 are enclosed.l Given under the seal of the Election Commission of lndia on the 29ttt June By order, (S.K.Rudola) SECRETARY Shri Munde Gopinath Pandurang, (a) At. Nathra, Post Kauthali, ' Tq. Parli Vijnath, Dist: Beed, Maharashtra (b) 21-Lodhi Estate New Delhi -03 //49 a 78, d*'

3 71 '1tOl. Disqualilication that a person Reprdsentation ofthe People Act, l95l (PARr U.-Acts of Parliament) for failure to lodge account of election expenses.-if the Election Commission is satisfied (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and (&) has no good reason orjustification tbr 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 ofthree years fiom the date ofthe order. 11. Removal recorded, remove disqualification. luction of period of disqualification.-the Election Commission may, lbr reasons to be disqualification under this Chapter 2[(except under section 8A)] or reduce the period of any such Cueprsn ly.-di sq ual ifi c ati ons for V ot i ng t11 IA. Disqualification commencement of this Act.- rising out of conviction and corrupt practices.- 3[(1)] If any person, after the 4* *' r' is convicted of 1860),orunder section 125 or\ punishable under section 171E or section l71f ofthe Indian penal code (45 of 135 or clause (a) of sub-section (2) of section 136 of this Act,5* '* * 64 >k {<** he shall, for a period of six years qualified forvoting at any election. the date of the conviction or from the date on which the order takes effect. be is '1125 t y person disquatified by a ision ofthe President under sub-section (1) ofsection 8A for any period shall be disqualilied for the same period for voting any election. (3) The decision ofthe President on petition submitted by any person under sub-section (2) of section ga in respect of any disqualification for being as, and for being, a member of either House of parliament or of the Legislative Assembly or Legislative Cou of a State shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under c use (D) of sub-section (1) of section 1lA of this Act as it stood immediately before the commencement of the Election \s (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect ofthe said disqualification for '1118. Removal of Disqualifications. The disqualification under sub-section (1) ofsection I 1A ion Commission may, fbr reasons to be recorded, remove 8[any 'JeaRt ut Normrce GENrnar- ElscttoNs 12. Notification for biennial election to the Cou of States. -For the purpose of filling the seats of members of the Council of States retiring on the expiration of their of office the President shall, by one or more notifications publishedinthegazetteoflndiaon such date or dates as the elected members of the Legislative Assembly or, as the concemed to elect members in accordance with the provisions y be recommended by the Election Commission, call upon e may be, the members of the electoral college, oleach State this Act and of the rules and orders made thereunder : Provided that no notification under this section shall be i of office of the retiring members is due to expire. more than three months prior to the date on which the tem I 2, o Ins. by Act 47 of 1966,s. 20(w.e.f. l ). Ins. by Act 40 of s. 3. S. 1 1 A re-numbered as sub-section (1) thereof by s. 4, ibid. The brackets and letter "(a)" omitted by Acr 38 of 1978, s. 3 and the Second Sch. The word "or" omitted by s. 3 and the Second Sch. irid Cl.(6) omitted by Act 40 of 1975, s. 4. Ins. by s. 4, 16lzl. Subs. by s. 5,ibid., forcertainwords. Subs. by Act 27 of 1956,s. 7, for Part III (ss. l2 to I 8).

4 95 Representation of the People Act, 1951 (Pnnr II.-Acts of Parliament) CHAPTER Y lll.-ele c t i on E xpens e s,ll;. Apptication of Chapter.-Tt i, Aqt..gall apply only to the elections to the House of the People and to the Legislative Assembly of a State. / jj. Account of election expenses and maximum thereof.{1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between '1the date on which he has been nominatedl and the date of declaration ofthe result thereof, both dates inclusive. sfexplanation I.-For the removal of doubts, it is hereby declared that- (a) the expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport for propagating programme of the political party shall not be deemed to be the expenditure in connection with the election incurred or authorised by a candidate ofthat political party or his election agent for the purposes ofthis sub-section. (b) any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (7) of section 123 in the diicharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorised by a candidate or by his election agent for the purposes of this sub-section. Explanation 2.-For the purposes of clause (a) of Explanation 1, the expression "leaders of a political party", in respect of any election, means,- (l) where such political party is a recognised political party, such persons not exceeding forty in number, and (il) where such political party is other than a recognised political party, such persons not exceeding twenty in number, whose names have been communicated to the Election Commission and the Chief Electoral Officers of the States by the political party to be leaders fbr the purposes of such election, within a period of seven days from the date of the notification for such election published in the Gazette of India or Official Gazette of the State, as the case may be, under this Act: Provided that a political party may, in the case where any of the persons referred to in clause (l) or, as the case may be, in clause (il) dies or ceases to be a member of such political party, by further communication to the Election Commission and the Chief Electoral Officers of the States, substitute new name, during the period ending immediately before forty-eight hours ending with the hour fixed for the conclusion of the last poll for such election, for the name of such person died or ceased to be a member, for the purposes of designating the new leader in his place.] (2) The account shall contain such particulars, as may be prescribed. (-l) The total of the said expenditure shall not exceed such amount as may be prescribed. 78. Lodging ofaccountwiththedistrict election officer.-4[(1)]every contesting candidateatanelectionshall, withinthirty daystiom thedateofelectionofthereturnedcandidateor,ifthere aremore than one retumedcandidateat theel'ectionandthe dates oftheir election are different, thelaterofthosetwodates, lodgewiththe s[districtelection officer] an account ofhis election expenses which shall be a true copy ofthe account kept by him or by his election agent under section 77.] 64 l. Subs. by Act27 of1956,s. 42,forss. 76to Subs. by Act 40 of 1975, s. 6, for certain words(retrospectively). 3. Subs. by Act 46 of2003, s. 4, forthe Explanation. 4. S. 78 re-nurnbered as sub-section (-1) ofthat section by Act 47 of 1966, s Subs. by Act 47 of 1q66, s. 36, for "retuming officer". 6. Ins. by s. 36, ibid. (w.e.f ) and omitted by Act 2 of2004, s. 3(b).

5 l0l Conduct of Elections Rules, 1961 (Statutory Rules and Order) 85D. Supply of mater){ by election to be held for the provide to the Election Comm representation of the People Act, I free of cost to the candidate of Commission and such officer shall act Election Commission in this behalf.'. the Government.-The Central Govemment shall, at the time of any general of constituting the house of the People or the Legislative Assembly of a State such number of copios of electoral roll, as finally published under the (43 of 1950), as the Election Commission may require for supplying the same political parties through such officers as may be specified by the Election with such general or special directions as may be issued by the PART VIII Election Expenses 86. Particulars of account of election expenses.--{1) The account of election expenses to be kept by a candidate or his election agent under section 77 shall contain the following particulars in respect of each item of expenditure from day to day, namely: - (a) the date on which the expenditure was incurred or authorised; (b) the nature ofthe expenditure (as for example, travelling, postage or printing and the like); (c) the amount of the expenditure- (i) the amount paid; (ll) the amount outstanding; (d) the date of payment; (e) the name and address ofthe payee; (l) the serial number of vouchers, in case of amount paid; (g) the serial number of bills, if any, in case of amount outstanding; (h) the name and address of the person to whom the amount outstanding is payable. (2) A voucher shall be obtained for every item of expenditure unless from the nature of the case, such as postage, travel by rail and the like, it is not practicable to obtain avoucher. (-l) All vouchers shall be lodged along with the account of election expenses, arranged according to the date of payment and serially numbered by the candidate or his election agent and such serial numbers shall be entered in the account under item (/) of sub-rule (1). (4) lt shall notbenecessarytogivetheparticulars mentioned initem (e)ofsub-rule(1)inregardtoitemsof expenditure for which vouchers have not been obtained under sub-rule (2). 87. Notice by l[district election officerl for inspection of accounts.-the 'ldistrict election officer] shall, within two days from the date on which the account of election expenses has been lodged by a candidate under section 78, cause anotice to be affixed to his notice board, specifying- (a) the date on which the account has been lodged; (6) the name of the candidate; and l. Subs. by Notifn. No. S.O. 3875, dated the 15th Decernber, 1966, lbr "retuming officer"

6 102 Conduct of Elections Rules, 1961 (Statutory Rules and Order) (c) the time and place at which such account can be inspected. 88. Inspection of account and the obtaining of copies thereof.-any person shall on payment of a fee of one rupee be entitled to inspect any such account and on payment of such fee as may be fixed by the Election Commission in this behalf be entitled to obtain attedted copies of such account or of any paft thereof. 89. Report by the t[district election officerl as to the lodging ofthe account of election expenses and the decision of the Election Commission thereon.- (1) As soon as may be after the expiration of the time specified in section 78 forthe lodging of the accounts of election expenses at any election, thel[district election officer] shall report to the Election Commission (a) the name of each contesting candidate; (b) whether such candidate has lodged his account of election expenses and if so, the date on which such account has been lodged; and (c) whether in his opinion such account has been lodged within the time and in the manner required by the Act and these rules. (2) Where the '[district election officer] is of the opinion that the account of election expenses of any candidate has not been lodged in the manner required by the Act and these rules, he shall with every such report forward to the Election Commission the account of election expenses of that candidate and the vouchers lodged along with it. (3) Immediately after the submission of the report referred to in sub-rule (1) the'ldistrict election officer] shall publish a copy thereof affixing the same to his notice board. ({ As soon as may be after the receipt of the report referred to in sub-rule (1) the Election Commission shall consider the same and decide whether any contesting candidate has failed to lodge the account of election expenses within the time and in the manner required by the Act and these rules. '11S; Where the Election Commission decides that a contesting candidate has failed to lodge his account of election expenses within the time and in the manner required by the Act and these rules it shall by notice in writing call upon the candidate to show cause why he should not be disqualified under section l0a for the failure. (6) Any contesting candidate who has been called upon to show cause under sub-rule (5) may within twenty days of the receipt of such notice submit in respect of the matter a representation in writing to the Election Commission, and shall at the same time send to district election officer a copy of his representation together with a complete account ofhis election expenses ifhe had not already fumished such an account. (7) The district election officer shall, within five days of the receipt thereof, forward to the Election Commission the copy of the representation and the account (if any) with such comments as he wishes to make thereon. (8) If, after considering the representation submitted by the candidate and the comments made by the district election officer and after such inquiry as it thinks fit, the Election Commission is satisfied that the candidate has no good reason or justification for the failure to lodge his account, it shall declare him to be disqualified under section l0a for a period of three years from the date of the order, and cause the order to be published in the Official Gazette.l 1. Subs. bynotifn. No. S.O.3875,datedl5thDecember, 1966, for"retumingofficer" 2. Subs., ibid.,for sub-rules (5) to (9).