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/2019/773.— The General Election of Municipal Council, Kaithal was held on 22.05.2016 and the result of the elected candidates was declared on 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, Jind 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) [PART I 3485. 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 Executive Officer, Municipal Council, Kaithal, Sh. Pala Ram had contested the election from Ward No.11 of Municipal Council, Kaithal during the general election held on 22.05.2016 but failed to submit his election expenditure account within the prescribed time or thereafter. The Commission had served a show cause notice upon him to explain as to why he should not be disqualified on account of non submission of election expenditure account within the period. He neither submitted his election expenditure statement nor responded to the show cause notice. I, had given him personal hearing on 07.02.2019 in the Municipal Council, Kaithal. The above said candidate appeared for personal hearing and submitted that he had already submitted the election expenditure in the office of Municipal Council, Kaithal. Secretary, Municipal Council, Kaithal submitted his views that expenditure register has not been submitted by Sh. Pala Ram in the office as per record.
7. On perusal of record of the case and after hearing of the candidate, 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 his failure to submit election expenditure account. Therefore, he deserves to be disqualified. Hence I, Parmal Singh, Assistant State Election Commissioner, Haryana, under Section 13D of the Haryana Municipal Act, 1973 read with Section 10 A of the Representation of People Act, 1951 hereby order that Sh. Pala Ram 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, Kaithal immediately.
Panchkula: The 8th March, 2019.
PARMAL SINGH, Asstt. State Election Commissioner, Haryana.
56969—C.S.—H.G.P., Chd.