GANGTOK, 04 Sept: President, Sikkim National People’s Party, Biraj Adhikari, along with five others have been debarred from contesting any assembly or general election for the next 3 years. This, as per an order issued by the Election Commission of India in late July. The next general and Assembly elections are scheduled for 2014 and as per tradition the elections are usually held during April-May. Should this practice continue, as per the ECI directive, Mr. Adhikari along with the other five will not be permitted to contest the elections either for the State Assembly or the Parliament.
It may be mentioned here that Mr. Adhikari is also facing rebellion in his party. The others who join him in being similarly disqualified mostly belong to the SHRP Party.
Apart from Mr. Adhikari, the others named in the notification issued by the Election Commission of India are: Bhim Subba who contested the general election to the Lok Sabha in 2009 on an SJP ticket [in alliance with SNPP]; Sheela Rai who contested on an SHRPP ticket from Namchi-Singithang, KB Gurung who also contested on an SHRPP ticket from Temi-Namphing, Bhola Chawan who contested from Melli on a BJP ticket and Dawa Lepcha who contested as an Independent from Tumin-Lingi.
Mr. Adhikari had contested the Assembly elections from two constituencies - Chujachen and Rhenock constituencies. All the above mentioned had contested their respective seats in the 2009 General and Assembly elections.
The above mentioned candidates of the 2009 elections have been charged of failing to lodge the account of their election expenses which is required as per the Representation of People’s Act, 1951 and the Rules made there-under.
Furthermore, the ECI order states that the said candidates “…have either not furnished any reason or explanation for the said failure even after due notice by the Election Commission or after considering the representation made by them, if any, the Election Commission is satisfied that they have no good reason or justification for the said failure”.
As a result and as per section 10A of the said Act, the Election Commission has declared the six to be 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 for a period of three years from the date of the order. The order of the ECI, issued on 27 July 2011 means that the said candidates will not be able to contest the 2014 elections as the next Assembly elections are scheduled for April-May 2014.
Section 10A of the RP Act, 1951 deals with disqualification for failure to lodge account of election expenses and states that if the ECI is satisfied that a person has failed to lodge an account of election expenses within the time and in the manner required and has no good reason or justification for the failure then the ECI can declare him to be disqualified and the disqualification shall be for a period of 3 years from the date of the order.
It may be mentioned here that Mr. Adhikari is also facing rebellion in his party. The others who join him in being similarly disqualified mostly belong to the SHRP Party.
Apart from Mr. Adhikari, the others named in the notification issued by the Election Commission of India are: Bhim Subba who contested the general election to the Lok Sabha in 2009 on an SJP ticket [in alliance with SNPP]; Sheela Rai who contested on an SHRPP ticket from Namchi-Singithang, KB Gurung who also contested on an SHRPP ticket from Temi-Namphing, Bhola Chawan who contested from Melli on a BJP ticket and Dawa Lepcha who contested as an Independent from Tumin-Lingi.
Mr. Adhikari had contested the Assembly elections from two constituencies - Chujachen and Rhenock constituencies. All the above mentioned had contested their respective seats in the 2009 General and Assembly elections.
The above mentioned candidates of the 2009 elections have been charged of failing to lodge the account of their election expenses which is required as per the Representation of People’s Act, 1951 and the Rules made there-under.
Furthermore, the ECI order states that the said candidates “…have either not furnished any reason or explanation for the said failure even after due notice by the Election Commission or after considering the representation made by them, if any, the Election Commission is satisfied that they have no good reason or justification for the said failure”.
As a result and as per section 10A of the said Act, the Election Commission has declared the six to be 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 for a period of three years from the date of the order. The order of the ECI, issued on 27 July 2011 means that the said candidates will not be able to contest the 2014 elections as the next Assembly elections are scheduled for April-May 2014.
Section 10A of the RP Act, 1951 deals with disqualification for failure to lodge account of election expenses and states that if the ECI is satisfied that a person has failed to lodge an account of election expenses within the time and in the manner required and has no good reason or justification for the failure then the ECI can declare him to be disqualified and the disqualification shall be for a period of 3 years from the date of the order.
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