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Haryana Government Gazette

Published by Authority

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/2018/1036.—

Subject :-

Disqualification of Sh. Hari Om, contesting candidate from Ward No. 3 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.

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.

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.

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

the Election Commission shall, by order published in the Official Gazettee, declare him to be disqualified and

any such person shall be disqualified for a period of three years from the date of the order.

HARYANA GOVT. GAZ., APR. 10, 2018 (CHTR. 20, 1940 SAKA)

[PART I

812

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.

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.

As reported by the Deputy Commissioner, Panipat, the above mentioned candidate had contested the election

from Ward No.3 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 in time due to prolonged illness of his father

followed by his death. He has requested to accept his election expenditure file today.”

After personal hearing, the order was announced.

On perusal of record of the case and after hearing of the candidate, I am satisfied that the candidate has failed

to support his statement by producing documentary evidence that his father was ill and died during or soon after

elections. 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 proof of 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. 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. Hari Om 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.

ANIL KUMAR AGGARWAL,

Panchkula:

District Attorney,

The 1st March, 2018.

State Election Commission, Haryana.

56144—C.S.—H.G.P., Chd.