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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 6th March, 2018

No.SEC/3ME/2018/1050.— The General Election of Municipal Committee, Kharkhoda was held on

20.02.2013 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.

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.

4.

In pursuance of the above provisions, the State Election Commission, Haryana vide its notification

No. SEC/3ME/2011/2813, dated 05.09.2011 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. 50,000/- that may be incurred by the contesting candidate or his authorized agent in connection

with election of Municipal Committee, Kharkhoda 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.

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

[PART I

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5.

The State Election Commissioner, Haryana in exercise of powers contained under Section 3B of the Haryana

Municipal Act, 1973 authorized Assistant State Election Commissioner, State Election Commission, Haryana vide

order No.SEC/1ME/2017/2017, dated 01.12.2017 to decide the cases of disqualification of the candidates of the said

municipality, who failed to lodge their account of election expenses.

6.

As reported by the Deputy Commissioner, Sonipat, the following candidates had contested the election of

Municipal Committee, Kharkhoda but failed to submit their election expenditure account within the prescribed time

or thereafter :-

Sr. No.

Name of Candidate

Ward No.

1.

Mukesh Devi

1

2.

Seema

2

3.

Manbir

3

4.

Diwan Singh

3

5.

Somwati

5

6.

Naresh Kumar

6

7.

Mukesh

6

8.

Kashmiri

8

9.

Sarita

8

10.

Santosh

8

11.

Dharmender Kumar

9

12.

Shashi Bhushan

10

13.

Roshani Devi

12

7.

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

26.02.2018 in the PWD Rest House, Sonipat. Sh. Jaswant Singh, ME of Municipal Committee, Kharkhoda was

appeared who has submitted the letter No. 217-218, dated 13.02.2018 of Secretary, Municipal Committee, Kharkhoda

in which it has been observed that notice of personal hearing has been delivered to all the concerned.

8.

The above mentioned contesting candidates neither appeared before me nor filed any representation.

Therefore, it can be concluded that they have nothing to say in the matter. The above noted candidates deserve to be

disqualified. Hence I, Parmal Singh, Assistant State Election Commissioner, Haryana, in existing powers delegated

vide Commission’s order dated 01.12.2018 do hereby order that all the above 13 candidates be disqualified under

Section 13D of the Haryana Municipal Act, 1973 read with Section 10A 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.

9.

The office is directed to send a copy of this order to the candidate concerned through Deputy Commissioner,

Sonipat immediately.

Panchkula:

PARMAL SINGH,

The 6th March, 2018.

Assistant State Election Commissioner, Haryana.

56144—C.S.—H.G.P., Chd.