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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 6th March, 2018

No.SEC/3ME/2018/1076.—

Subject :-

Disqualification of Smt.Sunita, contesting candidate from Ward No.2 of Municipal Committee,

Kharkhoda.

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.

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.

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

818

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.

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

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

As reported by the Deputy Commissioner, Sonipat, Smt.Sunita, candidate had contested the election from

Ward No.2 of Municipal Committee, Kharkhoda but failed to submit her election expenditure account within the

prescribed time or thereafter. The Commission had served a show cause notice upon her to explain as to why she

should not be disqualified on account of non submission of election expenditure account within the period. She

neither submitted her election expenditure statement nor responded to the show cause notice. I, had given her

personal hearing on 26.02.2018 in the PWD Rest House, Sonipat. Sh. Jaswant Singh, ME of the Municipal

Committee, Kharkhoda, represented the Deputy Commissioner Sonipat. The above said candidate appeared for

personal hearing and submitted the following:-

“She had already deposited her election expenditure soon after the election of MC Kharkhoda and

no receipt has been given to her. The MC officials verified that she had not deposited the

expenditure register as per record.”

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 above said candidate

has failed to lodge an account of election expenditure, within the time and in the manner required by or under this Act.

Moreover, above said candidate has submitted no good reason or justificiation for her failure to submit election

expenditure account. Hence, she deserves to be disqualified. I, Parmal Singh, Assistant State Election Commissioner,

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

People Act, 1951 hereby order that Smt. Sunita 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.

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.