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Haryana Government Gazette

Published by Authority

No. 23-2020]

CHANDIGARH, TUESDAY, JUNE 9, 2020 (JYAISTHA 19, 1942 SAKA)

PART-I

Notifications, Orders and Declarations by Haryana Government

STATE ELECTION COMMISSION, HARYANA

NIRVACHAN SADAN, SECTOR- 17, PANCHKULA, HARYANA – 134109

Order

The 20th March, 2020

No. SEC/3ME/2020/622.— The General Election of Municipal Council, Thanesar was held on 25.05.2016

and the result of the election 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.

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/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, Thanesar 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., JUNE. 9, 2020 (JYST. 19, 1942 SAKA)

[PART I

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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.

As reported by the Executive Officer, Municipal Council, Thanesar, Sh. Gaurav Kumar had contested the

election from Ward No.25 of Municipal Council, Thanesar during the general election held on 25.05.2016 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. Neither he submitted his election expenditure statement nor responded

to the show cause notice. I, had given him personal hearing on 02.03.2020 at 12.00 Noon in the office of State

Election Commission, Haryana, “Nirvachan Sadan”, Plot No.2, Sector-17, Panchkula. Sh. Mahinder Singh, Clerk,

Municipal Committee, Thanesar. The above said candidate appeared for personal hearing, he has verbally informed

that more time be given to him for submission of his written statement. After hearing he was given 09.03.2020 for

submitting his explanation but he has not submitted his expenditure statement or any submission.

After personal hearing, the order was announced.

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. Gaurav Kumar 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.

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

Kurukshetra immediately.

Panchkula:

PARMAL SINGH,

The 19th March, 2020.

Asstt. State Election Commissioner, Haryana.

8778—C.S.—H.G.P., Pkl.