Haryana Government Gazette
Published by Authority
© Government of Haryana
No. 21–2020] CHANDIGARH, TUESDAY, MAY 26, 2020 (JYAISTHA 5, 1942 SAKA)
PART – I
Notifications, Orders and Declarations by Haryana Government
STATE ELECTION COMMISSION, HARYANA
"NIRVACHAN SADAN" PLOT NO. 2, SECTOR – 17, PANCHKULA,
HARYANA – 134109
Order
The 15th May, 2020
No. SEC/3ME/2020/789.— The General Election of Municipal Committee, Kalayat was held on 13.05.2018 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 13F of the Haryana Municipal Act, 1973 further provides that if the State Election Commission is satisfied that a person has failed to lodge an account of election expenses within the time and manner, as prescribed by the State Election Commission and has no reason or justification thereof, the State Election Commission shall, by order published in the Official Gazette, declare him to be disqualified for contesting an election for a period of five years from the date of the order under this Act.
4. In pursuance of the above provisions, the State Election Commission, Haryana vide its Notification No. SEC/3ME/2017/912, dated 18.05.2017 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. 2,00,000/- that may be incurred by the contesting candidate or his authorized agent in connection with election of Municipal Committee, Kalayat 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.
1328 HARYANA GOVT. GAZ., MAY 26, 2020 (JYST. 5, 1942 SAKA) [PART-I6. As reported by the Deputy Commissioner, Kaithal, Smt. Rachna Rani had contested the election from Ward No. 7 of Municipal Committee, Kaithal during the general election held on 13.05.2018 but failed to submit her election expenditure account within the prescribed time or thereafter. 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 an opportunity of personal hearing on 24.02.2020 in the office of State Election Commission, Haryana, "Nirvachan Sadan", Plot No. 2, Sector 17, Panchkula in the interest of natural justice. Sh. Suresh, Computer Operator, Municipal Committee, Kalayat was present during hearing who has submitted a copy of letter dated 12.02.2020 vide which the notice of personal hearing were delivered to Smt. Rachna Rani. It has been observed notice of personal hearing has been delivered in person or through her family member. The above said candidate appeared for personal hearing and submitted in her explanation that she had already submitted the expenditure statement in the office of Deputy Commissioner, Kaithal but she was not having any receipt or photocopy of the expenditure statement. She further submitted that she would bring her expenditure statement from the office of Deputy Commissioner, Kaithal by 02.03.2020 but she has not submitted the same till today.
7. In view of above, it can be concluded that she has not submitted her expenditure statement in the office of Deputy Commissioner, Kaithal. The above noted candidates deserve to be disqualified. Hence I, Parmal Singh, Assistant State Election Commissioner, Haryana, under Section 13F of the Haryana Municipal Act, 1973 hereby order that Smt. Rachna Rani is disqualified for being chosen as, and for being a member of Municipality for a period of five 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 14th May, 2020.
PARMAL SINGH, Asstt. State Election Commissioner, Haryana.
8763—C.S.—H.G.P., Pkl.