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Haryana Government Gazette

Published by Authority

No. 17-2018]

CHANDIGARH, TUESDAY, APRIL 24, 2018 (VAISAKHA 4, 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 21st March, 2018

No. SEC/3ME/2018/1749.—

Subject :-

Disqualification of Smt. Meena, contesting candidate from Ward No.6 of Municipal Committee,

Nilokheri.

The General Election of Municipal Committee, Nilokheri 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.

State Election Commission issued Notification No. SEC/4ME/2006/9706, dated 19.12.2006 in exercise of

powers conferred inter alia under Section 13D 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 Gazette, 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. 24, 2018 (VYSK. 4, 1940 SAKA)

[PART I

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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, Nilokheri 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, Karnal, the above mentioned candidate had contested the election

from Ward No.6 of Municipal Commitee, Nilokheri 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 27.02.2018 in the PWD Rest House, Karnal in the interest of natural justice vide letter

No.SEC/3ME/2018/665, dated 12.02.2018. Sh. Balbir Singh, Secretary, Municipal Committee, Nilokheri represented

the Deputy Commissioner, Karnal. The above said candidate appeared for personal hearing and submitted the

following :-

“She had deposited the expenditure register after the show cause notice dated 28.01.2014.

The MC official verified that she had submitted the expenditure register on 29.01.2014.”

After personal hearing, the order was announced.

On perusal of record of the case and after hearing of the candidate, I am satisfied that she has not given any

good reason or justification for the 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 proof of good

reason or justification for the failure. Hence, she 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 her 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 Smt. Meena be 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,

Karnal immediately.

ANIL KUMAR AGGARWAL,

Panchkula:

District Attorney,

The 16th March, 2018.

State Election Commission, Haryana.

56146—C.S.—H.G.P., Chd.