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Haryana Government Gazette

Published by Authority

© Government of Haryana

No. 14-2019]

CHANDIGARH, TUESDAY, APRIL 2, 2019 (CHAITRA 12, 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 8th March, 2019

No. SEC/3ME/2019/733.— The General Election of Municipal Council, Kaithal was held on 22.05.2016 and

the result of the elected candidates was declared 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/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. 1,00,000/- that may be incurred by the contesting candidate or his authorized agent in connection

with election of Municipal Council, Kaithal 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., APR. 2, 2019 (CHTR. 12, 1940 SAKA)

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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 said municipality, who failed to lodge their

account of election expenses.

6.

As reported by the Executive Officer, Municipal Council, Kaithal, the following candidates had contested the

election of Municipal Council, Kaithal held on 22.05.2016 but failed to submit their election expenditure account:-

Sr. No.

Name of Candidate

Ward No.

1.

Sunaina

1

2.

Dalip

2

3.

Poonam Rani

4

4.

Shubham Sharma

4

5.

Sat Parkash

4

6.

Satish Kumar

5

7.

Sukhdev

5

8.

Ashok Kumar

6

9.

Neelam

7

10.

Ritu

7

11.

Richa Jindal

12

12.

Sandeep Sharma

13

13.

Anita Rani

18

14.

Rajesh Kumar

20

15.

Ram Parkash Kalra

21

16.

Pinki

22

17.

Hoshiar Singh

23

18.

Sunil

24

19.

CA Satish Singla

25

20.

Varsha Rani

26

21.

Dalip Singh

29

22.

Chanchal

30

7.

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. I, had given them an opportunity of

personal hearing on 15.02.2019 in the Municipal Council, Kaithal in the interest of natural justice. Sh. Raj Kumar

Sharma, ME of Municipal Council, Kaithal was appeared who has submitted a copy of letter dated 04.02.2019 issued

by the Executive Officer, Municipal Council, Kaithal to all the above said candidates. It has been observed notice of

personal hearing has been delivered in person or through their family members. Notice to one candidate mentioned at

Sr. No. 2 could not be delivered, as his exact address was not found, candidate mentioned at Sr.No.11 has been

informed telephonically and candidate at Sr. No.20 refused to receive notice.

8.

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, Parmal Singh, Assistant State Election Commissioner,

Haryana, hereby order that all the above 22 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.

9.

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

Kaithal immediately.

Panchkula:

PARMAL SINGH,

The 8th March, 2019.

Asstt. State Election Commissioner, Haryana.

56969—C.S.—H.G.P., Chd.