(804)
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/2018/954.— The General Elections of Municipal Corporation, Panipat was held on 02.06.2013
and the result of the elected candidates was declared 04.06.2013.
2.
Section 8B of the Haryana Municipal Corporation Act, 1994, 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/2007/7027, dated 09.05.2007 in exercise of
powers conferred inter alia under Section 8D of the Act and made the Haryana Municipal Corporation Election
Expenditure (Maintenance and Submission of Accounts) Order, 2007. 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 8D of the Haryana Municipal Corporation Act, 1994 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.
PART I]
HARYANA GOVT. GAZ., APR. 10, 2018 (CHTR. 20, 1940 SAKA)
805
5.
In pursuance of the above provisions, the State Election Commission, Haryana vide its Notification
No. SEC/4ME/2013/2320, dated 02.05.2013 in exercise of powers vested under clause (i) Article 243 ZA of the
Constitution of India, sub-section 3 of Section 8B of the Haryana Municipal Corporation Act, 1994 had prescribed the
limit of expenditure of Rs.1,75,000/- that may be incurred by the contesting candidate or his authorized agent in
connection with election of Municipal Corporation, Panipat 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 9 (1A) of the
Haryana Municipal Corporation Act, 1994 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 following candidates had contested the election of
Municipal Corporation, Panipat but failed to submit their election expenditure account within the prescribed time or
thereafter :-
Sr. No.
Name of Candidate
Ward No.
1.
Anita
6
2.
Kamlesh
6
3.
Prem Devi
6
4.
Rajkali
6
5.
Ramwati
6
6.
Satish Panchal
7
7.
Hardayal
7
8.
Tekchand Bajaj @ Lalu Bajaj
8
9.
Ravi Sharma
8
10.
Rajesh Suri
8
11.
Geeta Rani
9
12.
Jyoti
9
13.
Nisha Chawla
9
14.
Madhuri Mittal
9
15.
Satya Rani
9
16.
Govinda
10
17.
Mahinder Kumar
10
18.
Devki Nandan
11
19.
Shakti Singh
11
20.
Janeshwar
12
21.
Babu Ram
12
22.
Rampal Jangra
12
23.
Shiv Kumar
12
24.
Satinder Singh
12
25.
Piniki
14
26.
Krishan
21
27.
Baldev Raj
21
28.
Suraj
21
29.
Anoj Kumar
22
30.
Imran
22
HARYANA GOVT. GAZ., APR. 10, 2018 (CHTR. 20, 1940 SAKA)
[PART I
806
Sr. No.
Name of Candidate
Ward No.
31.
Manmeet
22
32.
Mahinder Kumar
22
33.
Ramrati
22
34.
Rinku
22
35.
Sajjan Singh
22
36.
Sumit
22
37.
Joni
23
38.
Dariya Singh
23
39.
Rajinder @ Ravinder
23
40.
Roshan Lal
23
41.
Surat Jain Kumar
23
42.
Sursh
23
43.
Ram Kumar
23
8.
The Commission had served a show cause notice upon them to explain as to why they should not be
disqualified on account of non submission of election expenditure account within the period. They neither submitted
their election expenditure statement nor responded to the show cause notice. I, had given them personal hearing on
23.02.2018 in the State Election Commission, Haryana, “Nirvachan Sadan”,, Plot No.2, Sector-17, Panchkula in the
interest of natural justice vide letter No.SEC/3ME/2018/499, dated 02.02.2018.
9.
The above mentioned contesting candidates neither appeared nor bothered to respond to the show cause notice
in spite of service thereof through the District Administration. Therefore, it can be concluded that they have nothing
to say in the matter. The above mentioned candidates deserve to be disqualified. Hence I, Anil Kumar Aggarwal,
District Attorney, State Election Commission, Haryana, hereby order that all the above 43 candidates are disqualified
under Section 8D of the Haryana Municipal Corporation Act, 1994 read with Clause 5(6) of the Haryana Municipal
Corporation Election Expenditure (Maintenance and Submission of Accounts) Order, 2007 and Section 10 A of the
Representation of People Act, 1951 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.