(39)

Haryana Government Gazette

Published by Authority

© Government of Haryana

No. 19-2024]

CHANDIGARH, TUESDAY, MAY 7, 2024 (VAISAKHA 17, 1946 SAKA)

PART-I B

Notifications by Commissioners and Deputy Commissioners

DEPUTY COMMISSIONER, NUH

Order

The 10th April, 2024

No. 2093-99/LFA.—

1.

The General Election of Municipal Council, Nuh was held on 19-06-2022 and the result of the elected

candidates was declared on 22-06-2022.

2.

The 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 or 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 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.

The Section 13F of the Haryana Municipal Act, 1973, further provides that if the State Election Commission is

satisfied that a person has filed 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 therefore, 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, Nuh and account of election expenses shall be filed/lodges 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 Commission, 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 Dy. Excise & Taxation Commissioner-cum-Election observer (Expenditure) Nuh vide memo

no. 3039 dated 26-07-2022, the following candidates had contested the election of Municipal Council, Nuh held on

19-06-2022 but failed to submit their election expenditure account:-

HARYANA GOVT. GAZ., MAY 7, 2024 (VYSK. 17, 1946 SAKA)

[PART-I B

40

Sr. No.

Name of Candidate

Consisting For President/Member

Ward No.

1.

Ali Mohd

Chairman

Chairman

2.

Kamal Goyal

Chairman

Chairman

3.

Mohd Hasan

Chairman

Chairman

4.

Niyamat Ali

Member

01

5.

Mohd Azad

Member

02

6.

Shaffique Anwar

Member

02

7.

Mahesh Kumar (Rising Sun)

Member

05

8.

Mamta Devi

Member

10

9.

Upasana Jain

Member

10

10.

Indra Rani

Member

11

11.

Pushpa

Member

11

12.

Komal Adlakha

Member

13

13.

Kirti Verma

Member

13

14.

Sumit Kumar

Member

13

7.

This office had served Show Cause notices for date of hearing 06-03-2024 and telephonic massage for hearing

11-03-2024 & notice for date of hearing 18-03-2024 them to explain as to why they should not be disqualified on

account of non submission of their election expenditure account within the period. I had given an opportunity of

personal hearing on 18-03- 2024 all above mention Candidates in the office of Deputy Commissioner Mini Secretariat

Nuh in the interest of natural justice to produce their election expenditure account along with receipt/document their

expenditure duly signed by election observer (Expenditure) Nuh. Executive Officer, Municipal Council, Nuh had

submitted a copy of letter no. MCN/2024/357 dated 05-03-2024 and letter no. MCN/2024/Spl dated 18-03-2024 vide

which the notice of personal hearing were delivered to the said candidates. It has been delivered in person or through

their family members or through whatsapp.

8.

The above mentioned Candidates neither appear before me nor filed any representation or deposited any

receipts or documents relating to expenditure incurred during elections duly countersigned by Election Observer

(Expediture). In view of the above it is suffice to mention that the above noted candidates from Serial no 01 to 14

deserve to be disqualified as per section 13F of the Haryana Municipal Act, 1973. Hence, I, Dhirendra Khadgata

I.A.S Deputy Commissioner Nuh, hereby ordered that all the above 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 candidates concerned through Executive Officer,

Municipal Council, Nuh immediately.

DHIRENDRA KHADGATA,

Deputy Commissioner, Nuh.

11068—C.S.—H.G.P., Pkl.