(251)

Haryana Government Gazette

Published by Authority

No. 11-2019]

CHANDIGARH, TUESDAY, MARCH 12, 2019 (PHALGUNA 21, 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 15th February, 2019

No. SEC/3ME/2019/326.— The General Election of Municipal Committee, Barara was held on 24-09-2017

and the result of the elected candidates was declared on the 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 authrorized 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 by 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 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.

In pursuance of the above provisions, the State Election Commission, Haryana vide its notification

No. SEC/3ME/2017/912, dated 18-05-2017 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. 2,00,000/- that may be incurred by the contesting candidate or his authorized agent in connection

with election of Municipal Committee, Barara 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. 12, 2019 (PHGN. 21, 1940 SAKA)

[PART I

252

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 28-20-2018 to decide the cases of

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

As reported by the secretary, Municipal Committee, Barara, the following candidates had contested the

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

time or thereafter:-

Sr. No.

Name of Candidate

Ward No.

Vikas Saini

Babita Rani

Nikhil Jindal

Lokesh Kumar

Geeta

Poonam Devi

Jasbir Singh

Narinder Saini

Lakhmi Chand

10.

Sandeep Kumar

11.

Reminder Kaur

The Commission has 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

15-01-2018 in PWD Rest House, Barara in the interest of justice. Sh. Ajay Walia, Secretary, Municipal Committee,

Barara represented the Deputy Commissioner, Amabal. As per the report of Secretary, Municipal Committee, Barara,

the letters for personal appearance were duly served upon them in person.

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. The

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

Haryana, hereby order that all the above 11 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.

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

Ambala immediately.

Panchkula:

DR. P. K. SHARMA,

The 15th January, 2019.

Secretary,

State Election Commissioner, Haryana.

56916—C.S.—H.G.P., Chd.