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Ambati files complaint with CEC against Kodela election

Tue, Jun 28, 2016, 04:53 PM
Quoting Andhra Pradesh Assembly Speaker Dr Kodela Siva Prasda Rao in an interview (Face to Face) to NTV, a famous Telugu TV channel having wide circulation, that “whereas I spent just Rs 30,000 for my first Assembly election in 1983, I spent Rs 11.50 crores in 2014 Assembly elections”, YCP leader Ambati Rambabu, who contested against him, sought disqualification of the winning candidate on the grounds of corruption.

Ambati Rambabu filed a complaint with the Chief Election Commissioner through Chief Election Officer Bhanwar Lal in this connection and released his letter to the press.

While the Speaker was talking about the money power in politics, the YCP leader quoted Section 123(6) of the Representation of Peoples Act, 1951, dealing with Corrupt Practices in Elections to say “The incurring or authorizing of expenditure in contravention of section 77 is a Corrupt practice for the purposes of the said Act. Any candidate guilty of corrupt practices in elections is liable for disqualification under the Representation of Peoples Act, 1951."

Under section 77 of the Representation of Peoples Act 1951, the Government of India vide M/o Law Notification No. 11019(3)/2011-Leg.II dated 28th February, 2014, fixed the permissible expenditure for 2014 general elections for an Assembly Constituency for Andhra Pradesh as Rs 28 lakhs. By implication it means that any candidate who is found to have spent more than Rs 28 lakhs for the Assembly elections has unequivocally indulged in corrupt practices within the meaning of Section 123(6) of the RP Act 1951, and is hence liable for disqualification as MLA.

It may be relevant to recall that the Hon’ble Supreme Court has in L.R. Shivaramagowde Vs. P.M. Chandrashekar- AIR 1999 SC 252 held that the Commission can go into the correctness of the account of election expenses filed by the candidate and disqualify a candidate under Section 10A of the Representation of the People Act, 1951, in case the account is found to be incorrect or untrue.

Ambati Rambabu said: `In the instant case, Sri Kodela Siva Prasada Rao, the candidate declared elected from the Sattenepalli Assembly Constituency in May 2014, has confessed that he actually incurred Rs 11.50 crores (relevant footage enclosed) during the elections in May 2014 as against the limit of Rs 28 lakhs, which is a grave offence under electoral laws.

`Because Sri Kodela Siva Prasada Rao himself has admitted to the fact that he spent Rs 11.50 crores for the 2014 election to Sattenapalli Assembly Constituency, I request that he may forthwith be disqualified as MLA', Rambabu added in his complaint.

Ambati Rambabu contested against Dr Kodela as YSRCP candidate, polling 84,323 votes, losing the election to the TDP by a margin of 924 votes.
Agency: Ap7am Desk

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