Disqualification of 16 contesting candidates of Municipal Corporation, Karnal

Haryana Government Gazette

Published by Authority

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 11th January, 2021

No. SEC/3ME/2021/402-423.— The General Election of Municipal Corporation, Karnal 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, Karnal 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 3B of the Haryana Municipal Corporation 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. (130) PART-I] HARYANA GOVT. GAZ., JAN. 26, 2021 (MAGH. 6, 1942 SAKA) 131

6. As reported by the Deputy Commissioner, Karnal, the following candidates had contested the election of Municipal Corporation Karnal held on 16.12.2018 but failed to submit their election expenditure account:-

Sr. No.	Name of Candidate	Ward No.
1.	Ranvir Singh	1
2.	Harish Sharma	5
3.	Kiran Devi	6
4.	Barkha Devi	6
5.	Harish Kumar Arya	9
6.	Viresh Kumar Jain	10
7.	Priyanka	11
8.	Monika	12
9.	Joginder Kumar Sahni	13
10.	Sunil Kumar	14
11.	Meenakshi Devi	15
12.	Kaushalya	16
13.	Sonia	16
14.	Usha Rani	19
15.	Vinod Kumar	20
16.	Lalit Kumar	20

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 21.12.2020 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.Sham Lal, Clerk, Municipal Corporation, Karnal was present during personal hearing and submitted the letters dated 16.12.2020 issued by the Superintendent, Municipal Corporation, Karnal 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 contesting candidates mentioned at Sr.No.1 to 10, 12, 13, and 15 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. Candidates mentioned at Sr.No.11, 14, and 16 did not appear for personal hearing. On perusal of record it has been found that candidate mentioned at Sr.No.11, 14, and 16 had submitted their election expenditure statements beyond prescribed time period and reason submitted by them found to be unsatisfactory and it is concluded that they have failed to file their election expenditure statement within the prescribed time limit. Hence, they deserve to be disqualified. Hence I, Parmal Singh, Assistant State Election Commissioner, Haryana, hereby order that all the above mentioned 16 candidates mentioned in para 6 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.

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

Panchkula: The 11th January, 2020.

PARMAL SINGH, Assistant State Election Commissioner, Haryana.

9022—C.S.—H.G.P., Pkl.