Haryana Government Gazette
Published by Authority
© Government of Haryana
No. 17-2019] CHANDIGARH, TUESDAY, APRIL 23, 2019 (VAISAKHA 3, 1941 SAKA)
PART-I
Notifications, Orders and Declarations by Haryana Government
STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO. 2, SECTOR 17, PANCHKULA
Order
The 11th April, 2019
No. SEC/3ME/2019/1078.— The General Election of Municipal Council, Fatehabad was held on 22.05.2016 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.
HARYANA GOVT. GAZ., APR. 23, 2019 (VYSK. 3, 1941 SAKA) [PART I 4125. 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/1 ME/2017/2017, dated 01.12.2017 and further modified vide order No. SEC/1 ME/2018/842, dated 28.02.2018 to decide the cases of disqualification of the candidates, who failed to lodge their account of election expenses.
6. As reported by the Executive Officer, Municipal Council, Fatehabad, Smt. Amarjeet Kaur had contested the election from Ward No.1 of Municipal Council, Fatehabad but failed to submit her election expenditure account within the prescribed time. The Commission had served a show cause notice upon her to explain as to why she should not be disqualified on account of non submission of election expenditure account within the period. She neither submitted her election expenditure statement nor responded to the show cause notice. I, had given her personal hearing on 14.03.2019 in the PWD Rest House, Fatehabad. Sh. Parveen Kumar, Clerk of the Municipal Council, Fatehabad, represented the Deputy Commissioner Fatehabad. Smt. Amarjeet Kaur appeared for personal hearing and submitted that she had contested the election from Ward No.1 and was unable to submit her expenditure statement Further she asked for some time but she failed to submit her election expenditure register till 01.04.2019.
7. On perusal of record of the case and after hearing Smt. Amarjeet Kaur, 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. Therefore, she deserves to be disqualified. Hence I, Dr. P. K. Sharma, Secretary, State Election Commission, Haryana, under Section 130 of the Haryana Municipal Act, 1973 read with Section 10A of the Representation of People Act, 1951 hereby order that Smt.Amarjeet Kaur 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, Fatehabad immediately.
Panchkula: The 1st April, 2019.
DR. P. K. SHARMA, Secretary, State Election Commissioner, Haryana.
56972—C.S.—H.G.P., Chd.