Notification regarding revised expenditure limit for the contesting candidates of Municipal Councils and Municipal Committees.

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Haryana Government Gazette

Published by Authority

© Government of Haryana No. 52–2024] CHANDIGARH, TUESDAY, DECEMBER 24, 2024 (PAUSA 3, 1946 SAKA)

PART-I

Notifications, Orders and Declarations by Haryana Government

STATE ELECTION COMMISSION, HARYANA NIRVACHAN SADAN, PLOT NO. 2, SECTOR- 17, PANCHKULA – 134109

Notification

The 18th December, 2024

No. SEC/3ME/2024/1944.— Whereas section 13E of the Haryana Municipal Act, 1973 provides that every candidate at an election shall, either himself or by his/her 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.

2. The limit for election expenditure in Municipal Bodies was last revised on 21.03.2022. Now therefore, keeping in view inflation and other factors, it has become necessary to revise the order of expenditure limit. Therefore, in exercise of the powers conferred under clause Article 243 ZA (I) of the Constitution of India, Section 13E (3) of the Haryana Municipal Act, 1973, the Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) order, 2020 and all other powers enabling in this behalf, I Dhanpat Singh, State Election Commissioner, Haryana hereby revise the existing expenditure limit for the contesting candidates of Municipal Councils and Municipal Committees as under:-

3. It is further directed that the accounts of expenditure to be incurred by the contesting candidates in the Municipal Councils or Municipal Committees, as the case may be, shall be maintained and submitted to the Deputy Commissioner concerned within 30 days from the date of declaration of the result in the Performa prescribed for the purpose. The Deputy Commissioner or an officer authorized by the State Election Commission in turn shall send report to the Commission as per provisions contained in the Haryana Municipal Election Expenditure (Maintenance and submission of Accounts) order, 2020.

4. Every contesting candidate shall either himself/herself or by his/her authorised election agent will have to keep a separate and correct account of all expenditure in connection with the election between the dates he/she has filed his/her nomination papers to the date of declaration of result, both dates inclusive. The total expenditure shall not exceed the limit as prescribed above.

5. No particular party or any other association, body or individual shall put up any cut-outs, hoardings, wall paintings, buntings, arches, gates, banners, flags, advertisements in newspapers etc. without the general or special authority in writing of the candidates whose election is sought to be promoted or procured by such cut-outs, hoardings etc., as expenditure on all such items shall be treated as the legitimate expenditure incurred by the contesting candidate. No contesting candidate or any individual on his behalf shall put up any cut-outs, hoardings etc. without prior permission of the concerned Government authority. Provisions contained in The Prohibition of Defacement of Public Property Act, 1984 shall be strictly complied with by all the contesting candidates/Parties, associations, body or any individual supporting contesting candidates.

6. Any violation by a contesting candidate or his/her authorised agent/individual to incur any expenditure in excess of the limit mentioned above, will be viewed seriously by the State Election Commission and stringent action shall be taken against him/her as per applicable rules i.e. 13E, 13F and 13H of the Haryana Municipal Act, 1973 which are reproduced here as under:-

13E Account of election expenses and maximum thereof.- (1) 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 authorised by him or by his election agent from the date of filling of nomination papers to the date of declaration of result thereof, both dates inclusive.

(2) The account shall contain such particulars, as may be notified by the State Election Commission in this behalf.

(3) The total of the said expenditure shall not exceed such amount as may be notified by the State Election Commission from time to time.

13F. Disqualification for failure to lodge account of election expenses.- 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.

13H. Lodging of account with the Deputy Commissioner.- Every contesting candidate or his election agent shall, lodge account of election expenditure within thirty days from the date of declaration of election result with the Deputy Commissioner or an officer authorized by the State Election Commission. The Deputy Commissioner or such officer shall, send a list of those candidates who contested but fail lodge the account of election expenditure or made expenditure beyond the limit prescribed by the State Election Commission immediately after the completion of a period of thirty days from the declaration of election result. The State Election Commission shall accordingly pass an order of their disqualification under section 13F.

7. Earlier Notification No. SEC/3ME/2022/549, dated 21.03.2022 issued in this respect is hereby superseded with immediate effect.

Panchkula: The 17th December, 2024.

DHANPAT SINGH, State Election Commissioner, Haryana.

11443—C.S.—H.G.P., Pkl.