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State of Telangana - Section

Section 106 in The Telangana Panchayat Raj (Conduct of Elections) Rules, 2018

106. Report by Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be as to the lodging of the account of election expenses and the decision of the State Election Commission thereon.

(1)As soon as may be, after the expiration of the time specified in Section 238 for the lodging of the accounts of election expenses at any election, the Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be shall, report to the State 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.
He/she shall also publish the same information on the office notice board of the Mandal Praja Parishad or Zilla Praja Parishad as the case may be.
(2)Where the Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be is of the opinion that the account of election expenses of any candidate has not been lodged within the due date or lodged but not in the manner required by the Act and these rules, he/she shall make a report to the State Election Commission and with every such report, forward the account of election expenses of that candidate and the vouchers lodged along with it, if any.
(3)As soon as may be, after the receipt of the report referred to in sub-rule (1), the State 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.
(4)Where, the State Election commission decides that, a contesting candidate has failed to lodge his account of election expenses within the time and/or in the manner required by the Act and these rules, the Commission shall by notice in writing call upon the candidate to show cause why he/she should not be disqualified, and declared to have ceased to hold office under Section 23 of the Act for the failure in case he/she is elected.
(5)Any contesting candidate who has been called upon to show cause under sub-rule (4) may, within twenty days of the receipt of such notice, submit in respect of the matter a representation in writing to the State Election Commission, and shall at the same time send to Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be a copy of his/her representation together with a complete account of his/her election expenses if he/she had not already furnished such an account.
(6)The Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be, shall, within five days of the receipt thereof, forward to the State Election Commission, the copy of the representation and the account, if any, with such comments as he/she wishes to make thereon.
(7)If, after considering the representation submitted by the candidate and the comments made by the Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be, and after such inquiry as it thinks fit, the State Election Commission is satisfied that the candidate has no good reason or justification for the failure, the Commission shall declare him/her by an order made under Section 23 of the Act to be ineligible for a period of three years, from the date of the said order, to contest any election held for any office under the Act and if he/she is an elected candidate declare him/her to have ceased to hold office with immediate effect and publish the order in the Official Gazette.