Ambati Rambabu
(Ex-MLA)
Address:
4-20-28/2, First line, Siddharthnagar
Guntur-522006
E mail: ysrcpambati@gmail.com
Mobile: +919440307999
The Chief Election CommissionerDt:28th June 2016
Nirvachan Sadan
Ashoka Road
New Delhi
(Though Chief Electoral Officer, Andhra Pradesh)
Respected Sir,
Sub: Corrupt practices by Sri Kodela Siva Prasada Rao in 2014 Assembly Election to Sattenapalli Constituency, Guntur dt, AP—request for disqualification-reg
I contested the 2014 General Elections from 217 Sattenapalli Assembly Constituency in Guntur district of the erstwhile state of Andhra Pradesh from Yuvajana Sramika Rythu Congress Party (YSRCP), a registered unrecognized political party with a common symbol polling 84323 votes, losing the election to Sri Kodela Siva Prasada Rao of TDP by a thin margin of 924 votes. The election was held on 7th May 2014 and the result was declared on 16th May 2014. After the division of the State, this Constituency now is in the state of Andhra Pradesh.
Sri Kodela Siva Prasda Rao in an interview (Face to Face) to NTV, a famous Telugu TV channel having wide circulation has said “whereas I spent just Rs 30,000 for my first Assembly election in 1983, I spent Rs 11.50 crores in 2014 Assembly elections”. He said this while speaking on the money power in politics. The Face to Face programme is a very popular programme having very high viewership and was telecast on 19th June 2016 and was re-telecast on 20th June 2016.
Section 123(6) of the Representation of Peoples Act 1951 dealing with Corrupt Practices in Elections clearly says that “The incurring or authorizing of expenditure in contravention of section 77” is a Corrupt practice for the purposes of the said act and 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 Assembly Constituency for Andhra Pradesh as Rs 28 lakhs, which by implication 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.
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.
Thanking youYours faithfully
(Ambati Rambabu)
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Sri Bhanwarlal, IAS
Chief Electoral Officer
Hyderabad
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