(2002)

Haryana Government Gazette

Published by Authority

No. 50-2018] CHANDIGARH, TUESDAY, DECEMBER 11, 2018 (AGRAHAYANA 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 30th November, 2018

No. SEC/3ME/2018/6689.— The General Elections of Municipal Council, Narnaul were held on 22.05.2016

and the result of the elected candidates was declared on 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 provides 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.

PART I]

HARYANA GOVT. GAZ., DEC. 11, 2018 (AGHN. 20, 1940 SAKA)

2003

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 Council, Narnaul 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 9 (1A) of the

Haryana Municipal Corporation Act, 1994 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. Thereafter in modification of above orders with order

No.SEC/1ME/2018/842, dated 28.02.2018, the district assigned to District Attorney were assigned between

undersigned and Assistant State Election Commissioner, Haryana. District Mahendergarh was assigned to

undersigned for this purpose.

As reported by the Deputy Commissioner, Mahendergarhat Narnaul, Sh. Hans Raj, contesting candidate,

Ward No.14 had contested the election of Municipal Council, Narnaul held on 22.05.2016 but failed to submit his

election expenditure account within the prescribed time.

In pursuance of the amendment and subsequent insertion of Section 13-K the State Election Commissioner can

review his orders made under Section 13-J of the Act if a person so disqualified under Section 13-I or 13-J files an

appeal for review of order within a period of 45 days from the receipt of the orders. Section 13K reads as under:-

“Review.- A member so disqualified under section 13-I or 13-J may file an application for review of

order before the State Election Commission within a period of forty-five days from the receipt of the

order. The order passed by the State Election Commission under this section shall be final and no civil

court shall have jurisdiction to entertain a petition against such order.”

Hence, in his review application dated 23.10.2018, the applicant Sh. Hansraj S/o Sh. Chanderbhan r/o Mohalla

Kharkhari, Ward No.14, Narnaul, District Mahendergarh submitted that he had contested the municipal elections held

on 22.05.2016. In compliance of Section 13(D) he had filed his expenditure statement incurred during elections and

submitted it duly countersigned from the Competent Authority to the Secretary, State Election Commission, Haryana

on 25.07.2018 personally. Now the State Election Commission has disqualified him for non-submission of election

expenses. He further stated that he had personally appeared for personal hearing and signed the attendance register at

the time of personal hearing after submitting the election expenditure but no remarks have been entered in the papers

used by the Competent authority at the time of personal hearing as there was huge rush of candidates. Secondly since

he has already deposited the election expenditure, he cannot be disqualified on this ground. Finally he requested to

review the disqualification order and set-aside the disqualification order passed by the competent authority on

01.10.2018.

10.

In view of the review application of Sh. Hansraj a notice was issued to Sh. Hansraj as well as to the Deputy

Commissioner, Mahendergarh asking him to depute a dealing person alongiwth record for hearing on 12.11.2018 in

this case. On the said date Sh. Hansraj submitted a copy of the expenditure statement so submitted.

11.

I have heard Sh. Hansraj S/o Sh. Chanderbhan and representative of MC Narnaul. I have also examined the

order dated 01.10.2018 passed by undersigned being Competent Authority, the review application of the applicant

and relevant record. In view of amendment mentioned above State Election Commission has been empowered to

review its orders. As per Section 13-K, a member so disqualified can file review application within 45 days from the

receipt of the order. Orders of the undersigned passed on 01.10.2018 were received by the applicant on 18.10.2018

and he filed instant review application on 23.10.2018 i.e. within 45 days as provided under Section 13-K. Hence the

application being within time limit has been considered. After going through the above facts I am convinced that the

Sh.Hansraj has submitted the expenditure register at the time personal hearing on 25.07.2018. Hence, the review

application dated 23.10.2018 of Sh. Hansraj S/o Sh. Chanderbhan is accepted and disqualification order dated

01.10.2018 of Sh.Hansraj S/o Sh.Chanderbhan is hereby withdrawn.

DR. P. K. SHARMA,

Panchkula:

Secretary,

The 12th November, 2018.

State Election Commission, Haryana.

8455—C.S.—H.G.P., Pkl.