The Election Commission of India would finally decided the fate of H. Nyemli Phom, the Naga People’s Front (NPF) candidate from 49 Tamlu A/C from whom Rs. 1 crore was seized in Longleng.
Talking to Nagaland Post, State Election department sources said that the district returning officer (deputy commissioner) as well as the expenditure observer will be sending the report to the Election Commission of India (ECI).
Election Commission will then decide what action would be taken depending on the report, sources said. However, his candidature cannot be cancelled as per the norms, the source said.
In the event if the candidate wins the election and is found guilty, he would be disqualified and that bye-election would be held. Sources further pointed out that the Commission will also take action even if he looses the election, fails to lodge election expenditure and depending on the response from the candidate.
When contacted, DC Longleng K. Libanthung Lotha said he had already submitted the report to the CEO and that it was now “beyond his jurisdiction.”
He added that the seized money has been kept at sub-treasury office, Longleng. ECI was likely to impose stricture like barring him for a certain period. The ball is in the court of the Election Commission of India, sources added.
NPCC reiterates strong action
Nagaland Pradesh Congress Committee (NPCC) Sunday in another letter to the Chief Election Commissioner of India reiterated and put forth “strong demand” to take action against NPF candidate H. Nyemli Phom: 1) Impound the Helicopter chartered by the NPF and action initiated against the pilots for making an unscheduled landing without seeking clearance from district administration/Assam Rifles authorities; 2) Disqualify the candidature of H Nyemli Phom for violating the Model Code of Conduct in carrying huge amount of unaccounted cash worth Rs. 1 crore; 3) Strong action against the NPF party to the extent of nullifying their party for deliberately violating the Model Code of Conduct in officially sanctioning this huge amount by the party Treasurer which is outrightly illegal; 4) Seal all entry and exit points on the state and district borders, strict checking and frisking across the state to prevent further illegal transfer of cash which is being used to influence the outcome of voting.
NPCC further said that unless huge flow of cash is controlled, conduct of free and fair elections would never happen and for which it said Election Commission would be held accountable for any such lapses.
In the interest of all concerned, NPCC has requested the ECI to take swift action and ensure smooth conduct of polling scheduled for February 23. According to ECI’s handbook for candidates (accounts of election expenses):
Examination of the report by the Election Commission and procedure for disqualification: 17.1 On receipt of the report under para 16.1 or further report of enquiry under para 16.4, the Election Commission will examine whether any contesting candidate has failed to lodge his account of election expenses within the time and in the manner required by law and the Commission’s directions and it will call upon the defaulting candidate to show cause why he should not be disqualified.
17.2 A candidate who has been called upon to show cause should, within twenty days of the receipt of the Commission’s notice, represent, the matter in writing to the Commission.
He should also at the same time send to the District Election Officer (Returning Officer in the case of Union Territories a copy of the representation together with a complete account of his election expenses, if he has not already furnished such account.
17.3 The Election Commission will consider the Representation and the comment of the District Election Officer (or Returning Officer, as the case may be) and hold such enquiry or further enquiry, as it thinks fit.
If after such consideration and enquiry the Commission is satisfied that the candidate has no good reason or justification for the failure to lodge his account, it will declare him to be disqualified for a period of three years from the date of the order. The order will be published in the gazette of India and in the State Gazette.
17.4 The law requires that the Commission shall disqualify a person if it is satisfied that a person has no good reason or justification for the failure to lodge the account or failure to lodge it within the time or within the time and manner required. Once it is so satisfied and disqualifies a person, the Commission will not ordinarily remove the disqualification.
Penalty for failure to lodge returns of election expenses: 21. A contesting candidate who fails to lodge the account of election expenses within the time and the manner required by law and has no good reason or justification for the failure will entail disqualification under section 10A of the Representation of the People Act, 1951 for standing as a candidate at any election to either House of Parliament or State Legislature, and for continuing as a member of any such House if he is already a sitting member of any such House, for a period of three years from the date of the order of the Commission declaring him so disqualified.
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