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Haryana Government Gazette

Published by Authority

© Government of Haryana

No. 10-2019]

CHANDIGARH, TUESDAY, MARCH 5, 2019 (PHALGUNA 14, 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 5th February, 2019

No. SEC/3ME/2019/166.—

Subject :-

Disqualification of Smt. Ramkala, contesting candidate from Ward No. 8 of Municipal

Committee, Dharuhera.

The General Election of Municipal Committee, Dharuhera was held on 24.05.2014 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, Dharuhera 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., MAR. 5, 2019 (PHGN. 14, 1940 SAKA)

[PART I

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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 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 above said municipality, who failed

to lodge their account of election expenses.

6.

As reported by the Secretary, Municipal Committee, Dharuhera, Smt.Ramkala, candidate had contested the

election from Ward No.8 of Municipal Committee, Dharuhera but failed to submit her election expenditure account

within the prescribed time or thereafter. I, had given her personal hearing on 28.01.2019 in the office of State Election

Commission, Haryana, Nirvachan Sadan, Plot No.2, Sector-17, Panchkula. Sh.Manish, Clerk of the Municipal

Committee, Dharuhera, represented the Deputy Commissioner Rewari. The above said candidate had not appeared

personally and sent her reply through email and submitted the following:-

“Due to illness she could not appear for personal hearing and attached a page of election expenditure register.”

7.

On perusal of expenditure register, it has been observed that expenditure register is not verified by any

authority neither she disclosed any reason for filing the election expenditure statement beyond the prescribed time

limit. 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 her failure to submit election expenditure account. Hence, she deserves to be disqualified. I,

Parmal Singh, Assistant State Election Commissioner, Haryana, under Section 13D of the Haryana Municipal Act,

1973 read with Section 10A of the Representation of People Act, 1951 hereby order that Smt. Ramkala 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.

8.

The office is directed to send a copy of this order to the candidate concerned through Deputy Commissioner,

Rewari immediately.

PARMAL SINGH,

Panchkula:

Assistant State Election Commissioner, Haryana.

The 5th February, 2019.

56915—C.S.—H.G.P., Chd.