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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 17th April, 2018

No. SEC/3ME/2018/2821.— The General Election of Municipal Committee, Julana was held on 29.04.2012

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/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, Julana 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.

PART I]

HARYANA GOVT. GAZ., MAY 1, 2018 (VYSK. 11, 1940 SAKA)

1173

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 and further modified vide Order No. SEC/1ME/2018/842, dated

28.02.2018 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 Secretary, Municipal Committee, Julana, the following candidates had contested the

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

time or thereafter :-

Sr. No.

Name of Candidate

Ward No.

1.

Manoj

8

2.

Anil Devi

9

3.

Usha Rani

10

4.

Subhash

11

7.

I, had given them personal hearing on 26.03.2018 in the PWD Rest House, Jind. Sh. Sushil Kumar, Building

Inspector of Municipal Committee, Julana was appeared who has submitted a copy of letter dated 28.08.2018 of

Secretary, Municipal Committee, Julana in which it has been observed that notice of personal hearing has been

delivered to all concerned candidate.

8.

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

Therefore, it is 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 exercising powers

delegated vide Commission’s order dated 01.12.2018 & further modified dated 28.02.2018 do hereby order that all

the above 14 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,

Jind immediately.

PARMAL SINGH,

Assistant State Election Commissioner, Haryana.

56226—C.S.—H.G.P., Chd.