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Haryana Government Gazette

Published by Authority

© Government of Haryana

No. 4–2021] CHANDIGARH, TUESDAY, JANUARY 26, 2021 (MAGHA 6, 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 8th January, 2021

(To be substituted for the Order bearing same No. and date)

No. SEC/3ME/2021/210.— The General Election of Municipal Corporation, Yamuna Nagar was held on

16.12.2018 and the result of the elected candidates was declared on 19.12.2018.

2.

Section 8B of the Haryana Municipal Corporation Act, 1994, 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 8E of the Haryana Municipal Corporation Act, 1994 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/2017/879, dated 18.05.2017 and Notification No.SEC/3ME/2018/5582, dated 14.11.2018 in exercise of

powers vested under clause (i) Article 243 ZA of the Constitution of India, Sub-section 3 of Section 8B of the

Haryana Municipal Corporation Act, 1994 had prescribed the limit of expenditure of Rs.5,00,000/- for the member

and Rs.20,00,000/- for the Mayor that may be incurred by the contesting candidate or his authorized agent in

connection with election of Municipal Corporation, Yamuna Nagar 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.

5.

The State Election Commissioner, Haryana in exercise of powers contained under Section 9(1A) of the

Haryana Municipal Corporation Act, 1994 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, who failed to lodge their account of election expenses within the prescribed time.

PART-I]

HARYANA GOVT. GAZ., JAN. 26, 2021 (MAGH. 6, 1942 SAKA)

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6.

As reported by the Deputy Commissioner, Yamuna Nagar, the following candidates had contested the election

of Municipal Corporation Yamuna Nagar held on 16.12.2018 but failed to submit their election expenditure

account :–

Sr. No.

Name of Candidate

Post/Ward No.

1.

Luxmi Devi

18

2.

Ruchi Sharma

22

3.

Renu Prabha

22

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 07.12.2020 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.Dharam Pal, Assistant, Municipal

Corporation, Yamuna Nagar, 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.

During personal hearing, the candidates mentioned at Sr. No.1 to 3 appeared for personal hearing and

submitted that they had already submitted their election expenditure but they have not documentary proof of

submission of election expenditure. The official of Municipal Corporation present during personal hearing stated that

no election expenditure statements have been submitted by the above said candidates.

9.

After personal hearing, the order was announced.

10.

On perusal of record of the case and after hearing of the candidates, I am satisfied that the above said

candidates 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 candidates has submitted no good reason or justificiation for their failure to

submit election expenditure account. Therefore, they deserve to be disqualified. Hence I, Parmal Singh, Assistant

State Election Commissioner, Haryana, hereby order that all the above mentioned 3 candidates are disqualified under

section 8E of the Haryana Municipal Corporation Act, 1994 for being chosen as, and for being a member of

Municipality for a period of five years from the date of this order.

11.

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

Yamuna Nagar immediately.

Panchkula:

The 7th December, 2020.

PARMAL SINGH,

Assistant State Election Commissioner, Haryana.

9022—C.S.—H.G.P., Pkl.