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Haryana Government Gazette

Published by Authority

No. 13-2021] CHANDIGARH, TUESDAY, MARCH 30, 2021 (CHAITRA 9, 1942 SAKA)

PART-I

Notifications, Orders and Declarations by Haryana Government

STATE ELECTION COMMISSION, HARYANA

Nirvachan Sadan, Sector- 17, Panchkula, Haryana – 134109

Order

The 17th March, 2021

No. SEC/3ME/2021/689.— The General Election of Municipal Corporation, Panipat was held on 16.12.2018

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

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.

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.

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, Panipat 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.

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.

HARYANA GOVT. GAZ., MAR. 30, 2021 (CHTR. 9, 1942 SAKA)

[PART I

270

As reported by the Deputy Commissioner, Panipat, the following candidates had contested the election of

Municipal Corporation Panipat held on 16.12.2018 but failed to submit their election expenditure account:-

Sr. No.

Name of Candidate

Father/Husband’s

Name

Post/Ward No.

Bharti

Ram Niwas

Mayor

Priyanka

Giani Ram

Mayor

Sudesh

Ajay

Mange Ram

Sukhvira

Shamsher Singh

Bheem Singh

Om Parkash

Dariyav Singh

Neesha

Raj Kumar

Geeta Rani

Sandeep Singh

Raina

Mukesh Kumar

10.

Kashish

Rajender

11.

Pushpender

Sube Singh

12.

Sukesh Kumar

Shyam Lal

13.

Baljinder Singh

Joginder Singh

14.

Naresh Kumar

Babu Ram

15.

Vijay Kumar

Prem Chand

16.

Subhash Chander

Ramdas

17.

Ashish Kumar

Tilak Raj

18.

Jitender Kumar

Shri Niwas Sharma

19.

Ruby

Charandas

20.

Sonia

Surender

21.

Gunwati

Satbir

22.

Santosh

Harish Chand

23.

Manju

Rakesh

24.

Meenakshi Katariya

Ramesh Kataria

25.

Poonam

Som Dutt

26.

Aarti

Sunny Paharhiya

27.

Hem Lata

Ram Niwas

28.

Rajesh

Ishwar Singh

29.

Neelam Rani

Satish Kumar

30.

Sushma

Lakhwinder

31.

Nidhi

Bhagat Singh

32.

Kanta Devi

Tara Chand

33.

Rekha

Raj Kumar

34.

Mamta Rani

Sushil Kumar

35.

Babli

Amit

36.

Asha

Bittu

37.

Sohan Lal

Balbir

PART I]

HARYANA GOVT. GAZ., MAR. 30, 2021 (CHTR. 9, 1942 SAKA)

271

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 14.12.2020 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. The Executive Officer, Municipal

Corporation, Panipat was present and submitted letters dated 11.12.2020. It has been observed that notice of personal

hearing has been delivered to all the candidates in person or through their family members.

The contesting candidates mentioned at Sr.No.2 to 7, 9 to 31 and 33 to 37 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.

10.

Candidates mentioned at Sr.No.1, 8 and 32 did not appear for personal hearing. Expenditure register of

candidate mentioned at Sr.No.1 has sent a representation stating therein that:-

“I Bharti daughter of late Sh.Ram Niwas, contested the election for Mayor of Municipal Corporation,

Panipat. I would like to tell you that my father look after the election expenditure during the election

but he expired on 25.06.2020 so he did not told me about the election expenditure and unable to submit

the election expenditure. I am also clarified here that I will not contest any election in the future and do

not bother any more regarding this.”

In view of report of the Deputy Commissioner, Panipat, it is concluded that the said candidate has failed to file

her election expenditure statement within the prescribed time limit and deserves to be disqualified.

11.

Candidate mentioned at Sr.No.8 has submitted her election expenditure statement on 19.03.2019 but did not

appear for personal hearing and submitted a representation vide which she informed that after losing the election she

was not aware about the rules in the matter but she had not submitted any reason in this regard, hence presumed that

she has failed to file her election expenditure within the prescribed time limit and deserve to be disqualified.

12.

Candidate mentioned at Sr.No.32 did not appear for personal hearing. The Deputy Commissioner, Panipat vide

its letter dated 07.12.2020 has send election expenditure register submitted by the said candidate but has not

explained the reason of filing election expenditure statement beyond prescribed time limit. Thus it is presumed that

the said candidate has failed to file her election expenditure statement within the prescribed time limit and deserves to

be disqualified.

13.

Hence I, Parmal Singh, Assistant State Election Commissioner, Haryana, hereby order that all the above

mentioned 37 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.

15.

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

Panipat immediately.

Panchkula:

PARMAL SINGH,

The 12th March, 2021.

Asstt. State Election Commissioner, Haryana.

9089—C.S.—H.G.P., Chd.