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Haryana Government Gazette

Published by Authority

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 27th March, 2018

No. SEC/3ME/2018/2330.—

Subject :-

Disqualification of Sh. Rajender, contesting candidate from Ward No. 13 of Municipal

Corporation, Rohtak.

The General Election of Municipal Corporation Rohtak was held on 02.06.2013 and the result of the

elected candidates was declared on 04.06.2013.

Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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 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.

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, Rohtak 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)

[PART I

1130

The State Election Commissioner, Haryana in exercise of powers contained under Section 9 (1A) of the

Haryana Municipal Corporation Act, 1994 authorized Secretary, State Election Commission, Haryana vide Order

No.SEC/1ME/2017/2017, dated 01.12.2017 and further modified vide 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.

As reported by the Deputy Commissioner, Rohtak, the above mentioned candidate had contested the election

from Ward No.13 of Municipal Corporation Rohtak but failed to submit his election expenditure account within the

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

should not be disqualified on account of non submission of election expenditure account within the period. He neither

submitted his election expenditure statement nor responded to the show cause notice. I, had given him personal

hearing on 20.03.2018 in the PWD Rest House, Rohtak. Sh. Inderjit Kuleria, DMC, Municipal Coporation, Rohtak,

represented the Deputy Commissioner Rohtak. The above said candidate appeared for personal hearing and submitted

the following :-

“I had deposited the expenditure register and no receipt has been given to him. The MC official verified

on his representation that he 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 his failure to submit election

expenditure account. Therefore, he deserves to be disqualified. Hence I, P. K. Sharma, Secretary, State Election

Commission, Haryana, under Section 8D of the Haryana Municipal Corporation Act, 1994 read with Section 10 A of

the Representation of People Act, 1951 hereby order that Sh. Rajender 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,

Rohtak immediately.

P. K. SHARMA,

Panchkula:

Secretary,

The 27th March, 2018.

State Election Commission, Haryana.

56226—C.S.—H.G.P., Chd.