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Haryana Government Gazette
Published by Authority
© Government of Haryana
No. 14–2021]
CHANDIGARH, TUESDAY, APRIL 6, 2021 (CHAITRA 16, 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 22nd March, 2021
No. SEC/3ME/2021/790-854.— The General Election of Municipal Corporation, Faridabad was held on
08.01.2017 and the result of the elected candidates was declared on the same day.
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 8D of the Haryana Municipal Corporation Act, 1994 read with Section 10 A of the Representation of
People Act, 1951 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/2015/628, 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 8B of the Haryana Municipal Corporation Act, 1994 had prescribed the
limit of expenditure of Rs. 2,10,000/- that may be incurred by the contesting candidate or his authorized agent in
connection with election of Municipal Corporation, Faridabad 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.
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HARYANA GOVT. GAZ., APR. 6, 2021 (CHTR. 16, 1942 SAKA)
[PART–I
6.
As reported by the Deputy Commissioner, Faridabad, the following candidates had contested the election of
Municipal Corporation Faridabad held on 08.01.2017 but failed to submit their election expenditure account:-
Sr. No.
Name of Candidate
Ward No.
1.
Renu Rawat
1
2.
Baby Verma
1
3.
Raj Kumari
1
4.
Sudeshna Devi
2
5.
Gyanti Devi
2
6.
Neha
2
7.
Priti
2
8.
Rakesh Deshwal
3
9.
Hardev Parshad
3
10.
Urmila Nathani
4
11.
Anju Gupta
4
12.
Neetu Devi
13
13.
Poonam
13
14.
Tanya
13
15.
Pooja
13
16.
Bimla
13
17.
Asha Kathuriya
14
18.
Jatin Bhatia
14
19.
Naresh Gosain
14
20.
Meena Gulati
14
21.
Vinod Kumar Chopra
14
22.
Aditya Gaura
15
23.
Pooja Nagar
15
24.
Raj Kumar Arora
15
25.
Anil Kumar
16
26.
Khoob Mohammad
16
27.
Manish Soni
16
28.
Pradeep Kalyana
18
29.
Amit Maglani
19
30.
Narender Vashishtha
19
31.
Rita Bhadana
20
32.
Satender Yadav
22
33.
Uma Bharti
23
34.
Poonam Sharma
24
35.
Punit Mishra
25
36.
Rashmi Mishra
25
37.
Lokesh
26
38.
Jagjeet Singh
27
39.
Sunil Chechi
27
40.
Veer Singh
28
41.
Ombir
28
42.
Ravi
28
PART-I]
HARYANA GOVT. GAZ., APR. 6, 2021 (CHTR. 16, 1942 SAKA)
293
43.
Surjeet Tanwar
28
44.
Anju Kumari
29
45.
Gunjan
29
46.
Parvinder
30
47.
Rajesh Kumar Shama
31
48.
Ajay Kumar
33
49.
Hari Lal
33
50.
Mitlesh Kumar
33
51.
Ujjawal Chaudhary
36
52.
Jitender
36
53.
Ajit Chahar
37
54.
Jitender Kumar
37
55.
Raj Kumar
37
56.
Anita Rani
38
57.
Jyoti Yadav
38
58.
Gunjan Dua
39
59.
Mukesh Bhatti
39
60.
Suman
40
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 29.01.2021 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. Joint Commissioner, NIT, Faridabd sent an
email dated 25.01.2021 and submitted the notice has been served to all the candidates. It has been observed that
notice of personal hearing has been delivered to all the candidates in person or through their family members.
8.
The contesting candidates mentioned at Sr. No. 1 to 12, 14 to 18, 20 to 24, 26 to 34, 36, 37 and 39 to 60
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.
9.
Candidates mentioned at Sr. No. 13, 19, 25, 35 and 38 did not appear for personal hearing. Candidate
mentioned at Sr. No. 13 submitted his election expenditure register and explanation in this regard and stated that :-
“I have contested Councilor Election of Municipal Corporation Faridabad from Ward
No.13 and due to heavy workload between the election campaign, I have got ill(Jaundice)
and thereafter I cannot check the expenditure register and now submitting my election
expenditure.”
Election expenditure statement was required to be submitted within thirty days after the declaration of
election result. But the said candidate has not submitted any medical report regarding her illness. Thus it is presumed
that the said candidate has failed to file his election expenditure within the prescribed time limit and deserves to be
disqualified.
10.
Candidate mentioned at Sr. No. 19 submitted his explanation in this regard and stated that:-
“I have got injured on 10.01.2017 due to attack by opposition and admitted in Escort
Hospital and unable to walk. I have submitted my election expenditure on 13.02.2017 to
Mr. Dhamija, Accounts Officer and receipt in this regard is attached herewith.”
Election expenditure statement was required to be submitted within thirty days after the declaration of
election result. But the said candidate has not submitted any medical report regarding her hospitalization. Thus it is
presumed that the said candidate has failed to file his election expenditure within the prescribed time limit and
deserves to be disqualified.
11.
Candidate mentioned at Sr. No. 25 has submitted his explanation to the show cause notice on 08.08.2017
received in the Commission on 17.08.2017. On perusal of his explanation it has been observed he could not submit
his election expenditure due to odd circumstances. He has send his election expenditure register with his explanation
and requested to accept his election expenditure register and further requested to not to take any action against him.
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[PART–I
The said candidate did not appear during personal hearing neither he has could satisfy in his explanation the odd
circumstances under which he could not submit his election expenditure Election expenditure statement beyond the
prescribed time limit. Thus it is presumed that the said candidate has failed to file his election expenditure within the
prescribed time limit and deserves to be disqualified.
12.
Candidate mentioned at Sr. No. 35 did not appear for personal hearing and sent a letter and stated that she
had contested the election from Ward No. 25 but failed to lodge her election expenditure due to illness of his father-
in-law and went to Bihar. She further stated that now she was unable to trace her election expenditure statement. Thus
it is presumed that the said candidate has failed to file her election expenditure within the prescribed time limit and
deserves to be disqualified.
13.
Candidates mentioned at Sr. No. 46 did not appear for personal hearing and sent a letter in which he has
stated that due to heart operation he was not able to appear for personal hearing and further submitted he will not
contest the election in the future. Thus it is presumed that the said candidate has failed to file his election expenditure
within the prescribed time limit and deserves to be disqualified.
14.
Hence I, Parmal Singh, Assistant State Election Commissioner, Haryana, hereby order that all the above
mentioned 60 candidates mentioned in para 6 are disqualified under Section 8D of the Haryana Municipal
Corporation Act, 1994 read with Section 10 A 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.
15.
The office is directed to send a copy of this order to the candidate concerned through Deputy Commissioner,
Faridabad immediately.
Panchkula :
The 22nd March, 2021.
PARMAL SINGH,
Asstt. State Election Commissioner, Haryana.
9135—C.S.—H.G.P., Pkl.