Order

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Haryana Government Gazette

Published by Authority

© Government of Haryana No. 29-2023] CHANDIGARH, TUESDAY, JULY 18, 2023 (ASADHA 27, 1945 SAKA)

PART-I B

Notifications by Commissioners and Deputy Commissioners

DEPUTY COMMISSIONER, KAITHAL

Order

The 11th July, 2023

No. 1054-72/LFA.— The General Election of Municipal Committee, Rajound was held on 19-06-2022 and the result of the elected candidates was declared on 22-06-2022.

2. Section 13E of the Haryana Municipal Act, 1973, provides that 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 there of, 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 13F of the Haryana Municipal Act, 1973 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/2022/549, dated 21-03-2022 in exercise of powers vested under clause (i) Article 243ZA of the Constitution of India, sub-section 3 of Section 13E of the Haryana Municipal Act, 1973 had prescribed the limit of expenditure that may be incurred by the contesting candidate or his authorized agent in connection with election of Municipal Council, Kaithal 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 Act, 1973 authorized Deputy Commissioner Concerned, vide order No. SEC/3ME/2023/304-446 dated 07-03-2023 to decide the case of disqualification of the candidates of the said municipality, who failed to lodge their account of election expenses.

6. As reported by Secretary, Municipal Committee, Rajound, the following candidates had contested the election of Municipal Committee, Rajound held on 19-06-2022 but failed to submit their election expenditure account:-

7. This office had served a showcause notice upon them to explain as to why they should not be disqualified on account of non submission of their election expenditure account within the period. Candidate Serial No. 1 to 3 submitted their reply, rest ten candidates neither submitted their reply nor submitted their election expenditure statement. Candidate Serial No. 1 to 2 mentioned in their reply that they had no knowledge regarding submission of expenditure statement/register. Candidate Sr. No. 3 has mentioned in her reply that she had submitted her register in the office but she has not produce any receipt/document in favour of her reply. I, had given an opportunity of personal hearing on 20-06-2023 to all above mentioned candidates in the office of Deputy Commissioner Mini Secretariat Kaithal in the interest of natural justice. Sh. Pardeep, Municipal Co-ordinator, Municipal Committee, Rajound was present during hearing who has submitted a copy of letter dated 07-06-2023 vide which the notice of personal hearing were delivered to the said candidates. It has been delivered in person or through their family members. 8. In above mentioned Candidates Serial No. 1 to 12 appeared before me, but candidate Sr. no. 13 neither appeared before me nor filed any representation. Contesting candidates Serial No. 4, 5 and 6 submitted their representation at the time of hearing. Candidate Serial No. 2 submitted that she will deposit her related document but till today she has not submitted any type of document. Candidate Serial No. 4 has submitted in his representation that due lack of knowledge, he could not submitted his expenditure register. Candidates Sr. no. 5 and 6 has submitted that they had submitted their expenditure register/statement in the office but they have not produce any receipt or document in favour of their reply. To clarify the representation filed by candidate Sr. no. 3, 5 and 6, reply was sought from Secretary, Municipal Committee, Rajound. Secretary, Municipal Committee, Rajound has clarify that according to statement of the then Accountant Smt. Rita Rani and official record, they have not submitted their expenditure register/statement. Representation filed by candidates is not satisfactory and they have not submitted their expenditure account. Therefore, it can be concluded that the above noted candidates from Sr. no. 1 to 13 deserve to be disqualified. Hence, I, Jagdish Sharma, I.A.S. Deputy Commissioner, Kaithal, hereby ordered that all the above thirteen candidates are disqualified under Section 13F of the Haryana Municipal Act, 1973 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 Secretary, Municipal Committee, Rajound immediately.

JAGDISH SHARMA, Deputy Commissioner, Kaithal.

Kaithal: The 28th June, 2023.

10448—C.S.—H.G.P., Pkl.