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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 25th February, 2019

No. SEC/3ME/2019/538.— The General Election of Municipal Council, Rewari was held on 10.02.2013 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 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 and 13F of the Act and made the Haryana Municipal Election

Expenditure (Maintenance and Submission of Accounts) Order, 2006. Clause 5(6) of the Order provide 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 10A 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/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.75,000/- that may be incurred by the contesting candidate or his authorized agent in connection

with election of Municipal Council, Rewari 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

260

As reported by the Deputy Commissioner, Rewari, the following candidates had contested the election of

Municipal Council, Rewari but failed to submit their election expenditure account within the prescribed time or

thereafter :-

Sr. No.

Name of Candidate

Ward No.

Seema Sharma

Mukesh Kumari

Reena

Maya Devi

Sudesh Kumari

Virender Singh

Jatin Kumar

Vinod Kumar

Amit

10.

Jyanti jyoti

11.

Rajender

12.

Ram Singh

13.

Ved Parkash s/o Prem Singh

14.

Sanjay

15.

Subhash s/o Inder Singh

16.

Subhash s/o Devi Singh

17.

Surender

18.

Sushil Kumar

19.

Som Nath

The Commission had 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. They were given an opportunity of

personal hearing on 30.01.2018 in the PWD Rest House, Rewari in the interest of natural justice vide letter

No. SEC/3ME/2018/20, dated 09.01.2018. The official of the Municipal Council, Rewari reported that 19 candidates

mentioned above are not living on the address given by them at the time of contesting the election. The Deputy

Commissioner, Rewari was asked to publish a notice mentioning therein that they have not deposited their election

expenditure statement, they should appear in the State Election Commission, Haryana within 15 days after

publication of notice, otherwise they will not be given further time in this regard. Notice in this regard has been

published by the Executive Officer, Municipal Council, Rewari in the “The Statesman” news paper on 1st March, 2018.

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.

The above mentioned contesting candidates neither appeared nor bothered to respond to the show cause notice

in spite of service thereof through a hearing notice published in the news paper. Therefore, it can be concluded

that they have nothing to say in the matter. The above mentioned candidates deserve to be disqualified. Hence

I, Parmal Singh, Assistant State Election Commissioner, Haryana, hereby order that all the above 19 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 candidate concerned through Deputy Commissioner,

Rewari immediately.

Panchkula:

PARMAL SINGH,

The 20th February, 2019.

Assistant State Election Commissioner, Haryana.

56916—C.S.—H.G.P., Chd.