89. Report by the [district election officer] [ Substituted by S.O. 3875, dated 15.12.1966.] as to the lodging of the 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 for the lodging of the accounts of election expenses at any election, the 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] [ Substituted by S.O. 3875, dated 15.12.1966.] 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 [district election officer] [ Substituted by S.O. 3875, dated 15.12.1966.] shall publish a copy thereof affixing the same to his notice board.(4)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.(5)[ 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 10-A 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 of his election expenses if he had not already furnished 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 10-A for a period of three years from the date of the order, and cause the order to be published in the Official Gazette.] [Substituted by S.O. 3875, dated 15.12.1966. ]
