Haryana Government Gazette
Published by Authority
© Government of Haryana
No. 15-2018] CHANDIGARH, TUESDAY, APRIL 10, 2018 (CHAITRA 20, 1940 SAKA)
PART-I
Notifications, Orders and Declarations by Haryana Government
STATE ELECTION COMMISSION, HARYANA
NIRVACHAN SADAN, PLOT NO.2 SECTOR-17, PANCHKULA
Order
The 1st March, 2018
No.SEC/3ME/2018/1029.—
Subject :- Disqualification of Sh. Karambir, contesting candidate from Ward No.2 of Municipal Committee, Samalkha.
The General Election of Municipal Committee, Samalkha was held on 22.05.2016 and the result of the elected candidates was declared on the same day.
2. Section 13E of the Haryana Municipal Act, 1973, provides that every candidate at an election shall, either himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent from the date of filing of nomination papers to the date of declaration of the result thereof, both dates inclusive. The account shall contain such particulars, as may be notified by the State Election Commission in this behalf. The total of the said expenditure shall not exceed such amount as may be notified by the State Election Commission from time to time.
3. State Election Commission issued Notification No.SEC/4ME/2006/9706, dated 19.12.2006 in exercise of powers conferred inter alia under Section 13D and 13F of the Act and made the Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) Order, 2006. Clause 5(6) of the Order provide that every contesting candidate or his election agent shall lodge account of election expenditure within thirty days from the date of declaration of election result with the Deputy Commissioner or an officer authorized by the State Election Commission.
4. Section 13D of the Haryana Municipal Act, 1973 read with Section 10 A of the Representation of People Act, 1951 further provides that if the Election Commission is satisfied that a person –
(a) has failed to lodge an account of election expenses, within the time and in the manner required by or under this Act, and
(b) has no good reason or justification for the failure HARYANA GOVT. GAZ., APR. 10, 2018 (CHTR. 20, 1940 SAKA) [PART I 810 5. In pursuance of the above provisions, the State Election Commission, Haryana vide its Notification No. SEC/3ME/2015/619, dated 03.06.2015 in exercise of powers vested under clause (i) Article 243 ZA of the Constitution of India, sub-section 3 of Section 13E of the Haryana Municipal Act, 1973 had prescribed the limit of expenditure of Rs. 75,000/- that may be incurred by the contesting candidate or his authorized agent in connection with election of Municipal Committee, Samalkha and account of election expenses shall be filed/lodged with the Deputy Commissioner or any other officer prescribed by the Commission within 30 days from the date of declaration of the result of election.
6. The State Election Commissioner, Haryana in exercise of powers contained under Section 3B of the Haryana Municipal Act, 1973 authorized District Attorney, State Election Commission, Haryana vide order No. SEC/1ME/2017/2017, dated 01.12.2017 to decide the cases of disqualification of the candidates, who failed to lodge their account of election expenses.
7. As reported by the Deputy Commissioner, Panipat, the above mentioned candidate had contested the election from Ward No.2 of Municipal Committee, Samalkha but failed to submit his election expenditure account within the prescribed time or thereafter. The Commission had served a show cause notice upon him to explain as to why he should not be disqualified on account of non submission of election expenditure account within the period. He neither submitted his election expenditure statement nor responded to the show cause notice. I, had given him personal hearing on 23.02.2018 in the State Election Commission, Haryana, "Nirvachan Sadan", Plot No.2, Sector-17, Panchkula vide letter No. SEC/3ME/2018/499, dated 02.02.2018. Sh. Pardeep, Secretary, Municipal Committee, Samalkha, represented the Deputy Commissioner Panipat. The above said candidate appeared for personal hearing and submitted the following :-
"He could not deposit the account of election expenses and today he is submitting expenditure file." 8. After personal hearing, the order was announced.
9. On perusal of record of the case and after hearing of the candidate, I am satisfied that he has not given reason or justification for the failure/delay. Section 13 (D) and Clause 5(6) of the Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) Order,2006 are mandatory and time limit of thirty days for lodging account of election expenses from the date of election result cannot be condoned without good reason or justification for the failure. Hence, he has not complied with the mandatory provision of Clause 5(6) of the Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) Order, 2006 and is liable for disqualification under Section 13(D). Further, the expenditure file submitted today wasn't maintained by him at the time of elections which is again a violation of Section 13(E) of the Act. He is therefore, liable for disqualification under Section 13(D) for not lodging the account of election expenses within prescribed time without good reason or justification. Hence I, Anil Kumar Aggarwal, District Attorney, State Election Commission, Haryana, under Section 13D of the Haryana Municipal Act, 1973 read with Clause 5(6) of the Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) Order, 2006 and Section 10 A of the Representation of People Act, 1951 hereby order that Sh. Karambir is disqualified for being chosen as, and for being a member of Municipality for a period of three years from the date of this order as they have failed to lodge the account of election expenses within thirty days from the date of declaration of election result without good reason and justification.
10. The office is directed to send a copy of this order to the candidate concerned through Deputy Commissioner, Panipat immediately.
Panchkula: The 1st March, 2018.
ANIL KUMAR AGGARWAL, District Attorney, State Election Commission, Haryana.
56144—C.S.—H.G.P., Chd.