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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 24th March, 2021

No. SEC/3ME/2021/855.— 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.

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 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 Gazette, declare him to be

disqualified and any such person shall be disqualified for a period of three years from the date of the order.

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.

PART I]

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

273

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.

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.

Om Parkash Dhingra

Mohsin Khan

Renu

Naresh Chand

Bal Kishan

Seema Rani

Harparsad Gaur

Siri Chand

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.

Candidate mentioned at Sr.No.1 was present during hearing and he has already submitted his election

expenditure register on 13.02.2017, during personal hearing he was asked to explain the reason to file his election

expenditure beyond the prescribed time limit, he submitted medical certificate. So far as filing the expenditure

statement beyond the prescribed time limit is concerned reply filed by the above said candidate has been examined

and found to be satisfactory and allowed to file their expenditure statement beyond the time limit and the show cause

notice issued shall be treated as withdrawn.

Candidate mentioned at Sr.No.2 was present during hearing. During personal hearing he has submitted a

receipt regarding submission of election expenditure register to Account Officer, HUDA. After considering the

receipt of depositing the election expenditure statement, it has been decided that the said candidate has deposited his

election expenditure statement within the prescribed time period and the show cause notice issued shall be treated as

withdrawn.

10.

Sh. Devender Singh who appeared on behalf of candidate mentioned at Sr. No.3 has submitted that his wife

could not appear due to illness. He further stated that at the time filing the election expenditure she was ill and could

submit her election expenditure statement within the prescribed time limit. He submitted a medical certificate in this

regard. So far as filing the expenditure statement beyond the prescribed time limit is concerned reply filed by the

above said candidate has been examined and found to be satisfactory and allowed to file their expenditure statement

beyond the time limit and the show cause notice issued shall be treated as withdrawn.

11.

Candidate mentioned at Sr.No.4 appeared for personal hearing and submitted that due to his father’s death, he

could not file his expenditure statement within the prescribed time limit. He has also submitted his father’s death

certificate. The expenditure statement has been examined and the expenditure so incurred has been found within the

expenditure limit prescribed by the Commission. So far as filing the expenditure statement beyond the prescribed

time limit is concerned reply filed by the above said candidate has been examined and found to be satisfactory and

allowed to file his expenditure statement beyond the time limit and the show cause notice issued to him shall be

treated as withdrawn.

12.

Candidate mentioned at Sr.No.5 submitted that he was not well due to illness and a medical has been

submitted. The expenditure statement has been examined and the expenditure so incurred has been found within the

expenditure limit prescribed by the Commission. So far as filing the expenditure statement beyond the prescribed

time limit is concerned, the candidate has been allowed to file his expenditure statement beyond the time limit and the

show cause notice issued shall be treated as withdrawn.

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

[PART I

274

13.

Candidate mentioned at Sr.No.6 submitted that she was not well due to illness and a medical has been

submitted. The expenditure statement has been examined and the expenditure so incurred has been found within the

expenditure limit prescribed by the Commission. So far as filing the expenditure statement beyond the prescribed

time limit is concerned, explanation of the said candidate found to be satisfactory and allowed to file her expenditure

statement beyond the time limit and the show cause notice issued shall be treated as withdrawn.

14.

Candidate mentioned at Sr.No.7 submitted that due to illness he could not submit election expenditure

statement within the prescribed time limit; he has also submitted a medical certificate. The expenditure statement has

been examined and the expenditure so incurred has been found within the expenditure limit prescribed by the

Commission. So far as filing the expenditure statement beyond the prescribed time limit is concerned, explanation of

the said candidate found to be satisfactory and allowed to file his expenditure statement beyond the prescribed time

limit and the show cause notice issued shall be treated as withdrawn.

15.

Candidate mentioned at Sr.No.8 submitted that due to illness he could not submit his election expenditure

within the prescribed time limit. He has also submitted a medical certificate in his support. The expenditure statement

has been examined and the expenditure so incurred has been found within the expenditure limit prescribed by the

Commission. So far as filing the expenditure statement beyond the prescribed time limit is concerned, explanation of

the said candidate found to be satisfactory and allowed to file his expenditure statement beyond the time limit and the

show cause notice issued shall be treated as withdrawn.

16.

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

Faridabad immediately.

Panchkula:

PARMAL SINGH,

The 22nd March, 2021.

Asstt. State Election Commissioner, Haryana.

9089—C.S.—H.G.P., Chd.