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Haryana Government Gazette

Published by Authority

© Government of Haryana

No. 18-2018]

CHANDIGARH, TUESDAY, MAY 1, 2018 (VAISAKHA 11, 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 22nd March, 2018

No.SEC/3ME/2018/2074.— The General Election of Municipal Committee, Punhana was held on 22.05.2016

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 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.

4.

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, Punhana 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., MAY 1, 2018 (VYSK. 11, 1940 SAKA)

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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 Secretary, State Election Commission, Haryana vide Order No.SEC/1ME/2017/2017,

dated 01.12.2017 and further modified vide Order No. SEC/1ME/2018/842, dated 28.02.2018 to decide the cases of

disqualification of the candidates, who failed to lodge their account of election expenses.

6.

As reported by the Observer (Expenditure), Mewat at Nuh, the following candidates had contested the election

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

or thereafter :-

Sr. No.

Name of Candidate

Ward No.

1.

Ratan Lal

4

2.

Geeta

9

3.

Rani

9

4.

Sunita

9

5.

Neera

10

6.

Babita

10

7.

Maya Devi

10

8.

Megha Rani

10

9.

Poonam

11

10.

Nushrat

12

11.

Ravi Kumar

13

12.

Trilok Chand

13

13.

Ashraf

15

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

15.03.2018 in PWD Rest House, Ferozepur Jhirka in the interest of justice. Mukesh Kumar, Computer Operator of the

Municipal Committee, Punhana represented the Deputy Commissioner, Mewat at Nuh. As per the report of Secretary,

Municipal Committee, Punhana, the letters for personal appearance were duly served upon them in person.

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. Hence they are proceeded ex-parte.

Therefore, the above noted candidates deserve to be disqualified. Hence I, P. K. Sharma, Secretary, State Election

Commission, Haryana, hereby order that all the above 13 candidates are 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,

Mewat at Nuh immediately.

P. K. SHARMA,

Panchkula:

Secretary,

The 22nd March, 2018.

State Election Commissioner, Haryana.

56226—C.S.—H.G.P., Chd.