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Haryana Government Gazette
Published by Authority
© Government of Haryana
No. 49–2020]
CHANDIGARH, TUESDAY, DECEMBER 8, 2020 (AGRAHAYANA 17, 1942 SAKA)
PART – I
Notifications, Orders and Declarations by Haryana Government
STATE ELECTION COMMISSION, HARYANA
NIRVACHAN SADAN, PLOT NO. 2, SECTOR–17, PANCHKULA–134109
Order
The 1st December, 2020
No. SEC/3ME/2020/3080.— The General Election of Municipal Committee, Mahendergarh 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(applicable at the time of election) 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 Gazettee, 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. 75,000/- that may be incurred by the contesting candidate or his authorized agent in connection
with election of Municipal Committee, Mahendergarh 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.
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HARYANA GOVT. GAZ., DEC. 8, 2020 (AGHN. 17, 1942 SAKA)
[PART–I
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/2020/1833, dated 12.11.2020 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 Deputy Commissioner, Mahendergarh at Narnaul, the following candidates had contested
the election of Municipal Committee, Mahendergarh held on 22.05.2016 but failed to submit their election
expenditure account:-
Sr. No.
Name of Candidate
Ward No.
1.
Ravidutt Sharma
1
2.
Charchit
2
3.
Naresh Kumar
4
4.
Suresh Kumar
4
5.
Sanjeev Kumar
4
6.
Dinesh Kumar
4
7.
Sunita
5
8.
Vishal
5
9.
Vikaswati
6
10.
Kuldeep Sharma
6
11.
Sujata Yadav
7
12.
Mukesh Kumar
7
13.
Raman
7
14.
Vikas
8
15.
Bansi Lal
8
16.
Radhubir
8
17.
Gulshan
9
18.
Vijay Saini
10
19.
Geeta Devi
10
20.
Saroj Devi
11
21.
Pradeep Kumar
12
22.
Mamta Devi
12
23.
Mahender Singh
12
24.
Pappi Devi
13
25.
Prem Lata
13
26.
Puja Devi
14
27.
Suman
14
28.
Renu
15
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 20.11.2020 at 12.30 PM in the office of State Election Commission, Haryana, “Nirvachan
Sadan”, Plot No. 2, Sector-17, Panchkula in the interest of natural justice. Sh. Harish Kumar Sharma, Clerk, working
PART-I]
HARYANA GOVT. GAZ., DEC. 8, 2020 (AGHN. 17, 1942 SAKA)
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on daily wages, Municipal Committee, Mahendergarh was present during hearing who has submitted a copy of letter
dated 18.11.2020 vide which the notice of personal hearing were delivered to the said candidates. It has been
observed notice of personal hearing has been delivered in person or through their family members.
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 28 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,
Mahendergarh immediately.
Panchkula:
PARMAL SINGH,
The 20th November, 2020.
Asstt. State Election Commissioner, Haryana.
8980—C.S.—H.G.P., Pkl.