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STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016 The General Elections of Municipal Corporation, Faridabad was held on 20.05.2010 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/2003/10307, dated 24.10.2003 in exercise of powers vested under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from the date of declaration of the result of election. 5. As reported by the Deputy Commissioner, Faridabad, the following candidates had contested the election of Municipal Corporation Faridabad but failed to submit their election expenditure account within the prescribed time or thereafter:-

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Page 1: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016 The General Elections of Municipal Corporation, Faridabad was held on

20.05.2010 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the following candidates

had contested the election of Municipal Corporation Faridabad but failed to submit their election

expenditure account within the prescribed time or thereafter:-

Page 2: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

6. 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 personal hearing on 22.08.2016 in the

court room of Deputy Commissioner, Faridabad in the interest of justice. Sh. Ravi Singla, an

officer of the Municipal Corporation Faridabad represented the Deputy Commissioner.

7. The above mentioned contesting candidates did neither appeared before me nor

filed any representations. Therefore, it can be concluded that they have nothing to say in the

matter. Hence, the above noted candidates deserve to be disqualified. I, Dr. Dalip Singh, State

Sr. No. Name of Candidate Ward No.

1. Om Prakash 1

2. Om Parkash Sharma 1

3. Jai Parkash Thakur 1

4. Dash Rath @ Titu 1

5. Pardeep Mudgal 1

6. Parveen Kumar 1

7. Brij Pal Singh 1

8. Rabia 1

9. Lokesh Kaushik 1

10. Bhateri Devi 2

11. Sangeeta 2

12. Satwati 2

13. Seema Kumari 2

14. Neeraj 3

15. Mahender Bhatia 3

16. Yoginder Singh 3

17. Raja Ram 3

18. Sanjeev Kumar 3

19. Anju Jha 4

20. Om Prakash Shukla 4

21. Davinder Singh 4

22. Sarvjit Singh 4

23. Harpal Yadav 4

24. Gulfam Khan 12

25. Parveen Khatri 12

26. Harinder Kumar 12

27. Kumarpal Goutam 13

28. Khemi 13

29. Jagan Singh 13

30. Jasvir Singh 13

31. Rekha 13

32. Surender Kumar 13

33. Beena 14

34. Yogita Arora 14

35. Anil Kumar 23

36. Mahak Bala 23

37. Krishan 24

38. Balbir Singh Rao 24

39. Manoj bajaj 24

40. Rajesh Kumar 25

41. Rajiv 25

42. Subodh 25

Page 3: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Election Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA

of the Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read

with Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in

this behalf hereby order that all the above 42 candidates be disqualified for being chosen as,

and for being a member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/1983A-2029 Dated :-05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana

C:\Users\Sanjeev\Documents\Hearing Cases\Order - Faridabad who did not appear.doc

Page 4: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER No.SEC/3ME/2016/2043 Dated:05.09.2016 Subject :- Disqualification of Sh. Bachhu Singh, contesting candidate from Ward No.

1 of Municipal Corporation, Faridabad.

The General Elections of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.1 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No. 1 of Municpal

Corporation Faridabad in the year 2010. He is unable to submit the

Page 5: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

expenditure statement. On asking he told that the office of Deputy

Commissioner had provided him the prescribed register for maintaining

day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, with the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justification for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Accordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Bachhu Singh is disqualified for being chosen as, and for being a

member of Municipality for period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

DR. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2044-49 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested to

notify in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/- (P.K.Sharma)

Secretary State Election Commission, Haryana

C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Bacchu Singh.doc

Page 6: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2070 Dated: 05.09.2016 Subject :- Disqualification of Sh. Chander Pal Pathak, contesting candidate from

Ward No. 3 of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.3 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 7: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No. 3 of Municpal

Corporation Faridabad in the year 2010. He had incurred sum of

Rs.20000/- approximately on account of election expenses. The receipt

thereof have since been lost during cleaniness of house. Hence he

could not file the election expenditure statement. On asking he told that

office of the Deputy Commissioner had provided him the prescribed

register for maintaining day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Chander Pal Pathak be disqualified for being chosen as, and for

being a member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2071-76 Dated :-05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Chander Pal Pathak.doc

Page 8: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2063 Dated: 05.09.2016 Subject :- Disqualification of Smt. Dayawati, contesting candidate from Ward No. 2 of

Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.2 of Municipal Corporation Faridabad but failed to

submit her election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon her to explain as to why she should not be

disqualified on account of non submission of election expenditure account within the period. She

neither submitted her election expenditure statement nor responded to the show cause notice. I,

had given her personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 9: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“She had contested the election from Ward No. 2 of Municpal

Corporation Faridabad in the year 2010. She had incurred around

Rs.70,000/- to 75,000/- on account election expenses. The receipts

thereof have been since been destroyed in drain water. Hence, she

could not submit her election expenditure statement. On asking she told

that office of the Deputy Commissioner had provided him the prescribed

register for maintaining day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, she deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Smt. Dayawati be disqualified for being chosen as, and for being a

member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana The Ist September, 2016 Endst. No. SEC/3ME/2016/2064-69 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Dayawati.doc

Page 10: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER No.SEC/3ME/2016/2112 Dated: 05.09.2016 Subject:- Disqualification of Sh. Dinesh Bansal, contesting candidate from Ward No.

12 of Municipal Corporation, Faridabad. The General Elections of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.12 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No. 12 of Municpal

Corporation Faridabad in the year 2010. He had delivered his

Page 11: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

expenditure documents to an Advocate but his name and address is

not known to him. All the papers have been lost by the Advocate. On

asking he told that the office of Deputy Commissioner had provided him

the prescribed register for maintaining day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, with the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justification for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Accordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Dinesh Bansal is disqualified for being chosen as, and for being a

member of Municipality for period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2113-18 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested to

notify in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana

C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Dinesh Bansal..doc

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STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2147 Dated: 05.09.2016 Subject :- Disqualification of Sh. Gyashi Ram, contesting candidate from Ward No. 25

of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.25 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 13: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No. 25 of Municpal

Corporation Faridabad in the year 2010. He had campaigned door to

door and did not incur any amount on printed material. Hence, he did

not file election expenditure statement On asking he told that office of

the Deputy Commissioner had provided him the prescribed register for

maintaining day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. I, Dr. Dalip Singh, State Election Commissioner,

Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the Constitution of India

and Section 8D of the Haryana Municipal Corporation Act, 1994 read with Section 10 A of the

Representation of People Act, 1951 and all other powers enabling it in this behalf hereby order

that Sh. Gyashi Ram be disqualified for being chosen as, and for being a member of

Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2148-53 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad gyasi ram.doc

Page 14: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2105 Dated: 05.09.2016 Subject :- Disqualification of Sh. Kedar, contesting candidate from Ward No. 12 of

Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.12 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 15: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No.12 of Municpal

Corporation Faridabad in the year 2010. He had incurred sum of

Rs.15,000/- but did not submitted the election expenditure statement.

On asking he told that office of the Deputy Commissioner had provided

him the prescribed register for maintaining day to day election

expenses. ”

6. During personal hearing he did not produced details of expenditure and the

receipts thereof in support of his claim. After hearing, the order was reserved. Vide this order,

the show cause notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Kedar, be disqualified for being chosen as, and for being a member

of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2106-11 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Kedar.doc

Page 16: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2154 Dated: 05.09.2016 Subject :- Disqualification of Sh. Latesh Kumar Sharma , contesting candidate from

Ward No. 25 of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.25 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 17: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

on oath the following :-

“He had contested the election from Ward No.25 of Municpal

Corporation Faridabad in the year 2010. He stated that he had

campaigned for election and no printed material, print or electronic

media had been used. Hence, he did not incurred any amount for this

purpose and had not filed expenditure statement. On asking he told that

office of the Deputy Commissioner had provided him the prescribed

register for maintaining day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Latesh Kumar Sharma , be disqualified for being chosen as, and

for being a member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2155-60 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Latesh Kumar.doc

Page 18: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2126 Dated: 05.09.2016 Subject :- Disqualification of Sh. Laxmi Chand, contesting candidate from Ward No.

12 of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.12 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 19: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No.12 of Municpal

Corporation Faridabad in the year 2010. He had incurred sum of

Rs.14,600/- but he had not submitted his election expenditure

statement. On asking he told that office of the Deputy Commissioner

had provided him the prescribed register for maintaining day to day

election expenses. ”

6. During personal hearing he did not produced details of expenditure and the

receipts thereof in support of his claim. After hearing, the order was reserved. Vide this order,

the show cause notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Laxmi Chand, be disqualified for being chosen as, and for being a

member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2127-32 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Laxmi Chand.doc

Page 20: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2030 Dated: 05.09.2016 Subject :- Disqualification of Sh. Om Chand, contesting candidate from Ward No. 1 of

Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.1 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 21: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No. 1 of Municpal

Corporation Faridabad in the year 2010. He had incurred sum of

Rs.30,000/- approximately on tentage, flex board, vehicle and

stationery etc. The bills of these items have been lost. Hence he could

not submit the election expenditure. On asking he told that office of the

Deputy Commissioner had provided him the prescribed register for

maintaining day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Om Chand be disqualified for being chosen as, and for being a

member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2031-36 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Om Chand.doc

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STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2119 Dated: 05.09.2016 Subject :- Disqualification of Sh. Parveen Sharma, contesting candidate from Ward

No. 12 of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.12 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 23: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No.12 of Municpal

Corporation Faridabad in the year 2010. He had incurred sum of

Rs.10,000/-. On asking he told that office of the Deputy Commissioner

had provided him the prescribed register for maintaining day to day

election expenses. ”

6. During personal hearing he did not produced details of expenditure and the

receipts thereof in support of his claim. After hearing, the order was reserved. Vide this order,

the show cause notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Parveen Sharma, be disqualified for being chosen as, and for

being a member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana The Ist September, 2016 Endst. No. SEC/3ME/2016/2120-24 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Parveen Sharma.doc

Page 24: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2161 Dated: 05.09.2016 Subject :- Disqualification of Sh. Pawan Kumar contesting candidate from Ward No.

25 of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.25 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 25: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No.25 of Municpal

Corporation Faridabad in the year 2010. He had incurred sum of

Rs.50,000/- on election expenses. He was not aware about the

submission of election expenditure statement. As his mother was

expired, he could not submit the election expenditure statement. On

asking he told that office of the Deputy Commissioner had provided him

the prescribed register for maintaining day to day election expenses. ”

6. During personal hearing he did not produced details of expenditure and the

receipts thereof in support of his claim. After hearing, the order was reserved. Vide this order,

the show cause notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Pawan Kumar , be disqualified for being chosen as, and for being

a member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2162-67 Dated :-05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Pawan Sharma.doc

Page 26: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2140 Dated: 05.09.2016 Subject :- Disqualification of Sh. Prince Yadav, contesting candidate from Ward No.

24 of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.24 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 27: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No.24 of Municpal

Corporation Faridabad in the year 2010. He could not submit election

expenditure statement due some family problems. On asking he told

that office of the Deputy Commissioner had provided him the prescribed

register for maintaining day to day election expenses. ”

6. During personal hearing he did not produced details of expenditure and the

receipts thereof. After hearing, the order was reserved. Vide this order, the show cause notice is

being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Prince Yadav, be disqualified for being chosen as, and for being a

member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2141-46 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Prince Yadav.doc

Page 28: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2050 Dated:05.09.2016 Subject :- Disqualification of Sh. Raj Kumar Kaushik, contesting candidate from Ward

No. 1 of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.1 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 29: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No. 1 of Municpal

Corporation Faridabad in the year 2010. He was not aware that the

election expenditure statement has to be submitted in the office

concerned. He had incurred sum of Rs.13000/- approximately on

account of filing of form, vehicle, loud speaker and misc. expenses. On

asking he told that office of the Deputy Commissioner had provided him

the prescribed register for maintaining day to day election expenses. ”

6. During hearing, the above candidate did not submitted any details of the

expenditure or receipts in support of his claim. The order was reserved. Vide this order, the

show cause notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Raj Kumar Kaushik be disqualified for being chosen as, and for

being a member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana The Ist September, 2016 Endst. No. SEC/3ME/2016/2051-56 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/- (P.K.Sharma)

Secretary State Election Commission, Haryana

C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Raj Kumar Kaushik.doc

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STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER No.SEC/3ME/2016/2091 Dated: 05.09.2016 Subject :- Disqualification of Smt. Rajni Gera, contesting candidate from Ward No. 11

of Municipal Corporation, Faridabad. The General Elections of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.11 of Municipal Corporation Faridabad but failed to

submit her election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why she should not be

disqualified on account of non submission of election expenditure account within the period. She

neither submitted her election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Deputy Commissioner. Smt. Rajni Gera appeared for personal hearing and had submitted the

following :-

“She had contested the election from Ward No. 11 of Municpal

Corporation Faridabad in the year 2010. Her husband was suffering

Page 31: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

from paralysis and had passed away in July 2015. She had no

information to submit the election expenditure statement. Hence, she

could not submit her election expenditure statement. On asking she told

that the office of Deputy Commissioner had provided him the prescribed

register for maintaining day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, with the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justification for the failure to submit election expenditure account.

Hence, she deserves to be disqualified. Accordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Smt. Rajni Gera is disqualified for being chosen as, and for being a

member of Municipality for period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2092-97 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested to

notify in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana

C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Rajni Gera..doc

Page 32: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER No.SEC/3ME/2016/1977 Dated:05.09.2016 Subject :- Disqualification of Sh. Satbir, contesting candidate from Ward No. 23 of

Municipal Corporation, Faridabad.

The General Elections of Municipal Corporation, Faridabad was held on

20.05.2010 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

Page 33: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.23 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Deputy Commissioner.

6. The above mentioned contesting candidates did neither appeared before me nor

filed any representations. Therefore, it can be concluded that they have nothing to say in the

matter. Hence, the above noted candidate deserves to be disqualified. I, Dr. Dalip Singh, State

Election Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA

of the Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read

with Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in

this behalf hereby order that Sh. Satbir, contesting candidate from Ward No.23 be disqualified

for being chosen as, and for being a member of Municipality for a period of three years from the

date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the 1st September, 2016 Endst. No. SEC/3ME/2016/1977A-82 Dated :-05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana

C:\Users\Sanjeev\Documents\Hearing Cases\Order - Faridabad Satbir.doc

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STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER No.SEC/3ME/2016/1971 Dated:05.09.2016 Subject :- Disqualification of Sh. Subash Chander, contesting candidate from Ward

No. 23 of Municipal Corporation, Faridabad.

The General Elections of Municipal Corporation, Faridabad was held on

20.05.2010 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

Page 35: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.23 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Deputy Commissioner.

6. The above mentioned contesting candidates did neither appeared before me nor

filed any representations. Therefore, it can be concluded that they have nothing to say in the

matter. Hence, the above noted candidate deserves to be disqualified. I, Dr. Dalip Singh, State

Election Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA

of the Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read

with Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in

this behalf hereby order that Sh. Subhash Chander, contesting candidate from Ward No.23 be

disqualified for being chosen as, and for being a member of Municipality for a period of three

years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the 1st September, 2016 Endst. No. SEC/3ME/2016/1971A-76 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana

C:\Users\Sanjeev\Documents\Hearing Cases\Order - Faridabad Subhash Chander.doc

Page 36: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2168 Dated: 05.09.2016 Subject :- Disqualification of Sh. Tapan, contesting candidate from Ward No. 25 of

Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.25 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 37: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

on oath the following :-

“He had contested the election from Ward No.25 of Municpal

Corporation Faridabad in the year 2010. He had incurred sum of

Rs.40,000/- on election expenses. His father was running ill and under

treatment. He could not file the election expenditure statement. On

asking he told that office of the Deputy Commissioner had provided him

the prescribed register for maintaining day to day election expenses. ”

6. During personal hearing he did not produced details of expenditure and the

receipts thereof in support of his claim. After hearing, the order was reserved. Vide this order,

the show cause notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Tapan, be disqualified for being chosen as, and for being a

member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2169-74 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Tapan.doc

Page 38: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER No.SEC/3ME/2016/2036 Dated: 05.09.2016 Subject :- Disqualification of Sh. Trilok Chand, contesting candidate from Ward No.1

of Municipal Corporation, Faridabad.

The General Elections of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.1 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No. 1 of Municpal

Corporation Faridabad in the year 2010. He is unable to submit the

Page 39: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

expenditure statement. On asking he told that the office of Deputy

Commissioner had provided him the prescribed register for maintaining

day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, with the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justification for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Accordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Trilok Chand is disqualified for being chosen as, and for being a

member of Municipality for period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

DR. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2037-42 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested to

notify in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/- (P.K.Sharma)

Secretary State Election Commission, Haryana

C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Trilok Chand.doc

Page 40: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2057 Dated:05.09.2016 Subject :- Disqualification of Smt. Urmila, contesting candidate from Ward No. 2 of

Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.2 of Municipal Corporation Faridabad but failed to

submit her election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon her to explain as to why she should not be

disqualified on account of non submission of election expenditure account within the period. She

neither submitted her election expenditure statement nor responded to the show cause notice. I,

had given her personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 41: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“She had contested the election from Ward No. 2 of Municpal

Corporation Faridabad in the year 2010. She had incurred sum of

Rs.12000/- approximately but could not submit her election expenditure

statement. On asking she told that office of the Deputy Commissioner

had provided him the prescribed register for maintaining day to day

election expenses. ”

6. During hearing, the above candidate did not submitted any details of the

expenditure or receipts in support of her claim. The order was reserved. Vide this order, the

show cause notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, she deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Smt. Urmila be disqualified for being chosen as, and for being a

member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2058-62 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. Executive Officer, Municipal Corporation,

Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Concerned candidate. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Urmila.doc

Page 42: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2098 Dated: 05.09.2016 Subject :- Disqualification of Sh. Uttam Singh, contesting candidate from Ward No. 12

of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.12 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 43: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No.12 of Municpal

Corporation Faridabad in the year 2010. He had submitted the election

expenditure statement but the receipt and the photocopies of these

documents have since been lost. On asking he told that office of the

Deputy Commissioner had provided him the prescribed register for

maintaining day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Uttam Singh, be disqualified for being chosen as, and for being a

member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana The Ist September, 2016 Endst. No. SEC/3ME/2016/2099-2104 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Uttam Singh.doc

Page 44: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2077 Dated: 05.09.2016 Subject :- Disqualification of Sh. Vinod Kumar, contesting candidate from Ward No. 3

of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.3 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 45: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

on oath the following :-

“He had contested the election from Ward No. 3 of Municpal

Corporation Faridabad in the year 2010. He had incurred a sum of

Rs.40,000/- on account of election expenses. The details of these items

were kept in a folder which has since been lost. He is unable to submit

his election expenditure statement due to personal reasons. On asking

he told that office of the Deputy Commissioner had provided him the

prescribed register for maintaining day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. Acordingly, I, Dr. Dalip Singh, State Election

Commissioner, Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the

Constitution of India and Section 8D of the Haryana Municipal Corporation Act, 1994 read with

Section 10 A of the Representation of People Act, 1951 and all other powers enabling it in this

behalf hereby order that Sh. Vinod Kumar, be disqualified for being chosen as, and for being a

member of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2078-83 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Vinod Kumar.doc

Page 46: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2084 Dated: 05.09.2016 Subject :- Disqualification of Sh. Vipti Singh V. S. Poswal, contesting candidate from

Ward No. 3 of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.3 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 47: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No. 3 of Municpal

Corporation Faridabad in the year 2010. His parents are residing in

Village Aswata District Palwal and his father was bed ridden. He was in

the native village to look after his father. Hence, he could not submit the

election expenditure. On asking he told that office of the Deputy

Commissioner had provided him the prescribed register for maintaining

day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. I, Dr. Dalip Singh, State Election Commissioner,

Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the Constitution of India

and Section 8D of the Haryana Municipal Corporation Act, 1994 read with Section 10 A of the

Representation of People Act, 1951 and all other powers enabling it in this behalf hereby order

that Sh. Vipti Singh V. S. Poswal be disqualified for being chosen as, and for being a member

of Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2085-90 Dated :- 05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad Vipti Singh Poswal.doc

Page 48: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17,

PANCHKULA

ORDER

No.SEC/3ME/2016/2133 Dated: 05.09.2016 Subject :- Disqualification of Sh. Yogesh Kumar, contesting candidate from Ward No.

13 of Municipal Corporation, Faridabad.

The General Election of Municipal Corporation Faridabad was held on

20.05.2010 and the result of the elected candidates was declared on the same day.

2. Section 8B of the Haryana Municipal Corporation Act, 1994, 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 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/2003/10307, dated 24.10.2003 in exercise of powers vested

under clause (i) Article 243 ZA of the Constitution of India, Section 9(1) of the Haryana

Municipal Corporation Act, 1994 order 4 of the Haryana Election Expenditure (Maintanance and

Submission of Account) Order, 1996 had prescribed the limit of expenditure of Rs. 75,000/- 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 Commission or any other officer prescribed by the Commission within 30 days from

the date of declaration of the result of election.

5. As reported by the Deputy Commissioner, Faridabad, the above said candidate

had contested the election from Ward No.13 of Municipal Corporation Faridabad but failed to

submit his election expenditure account within the prescribed time or thereafter. The

Commission had served a show cause notice upon him to explain as to why he should not be

disqualified on account of non submission of election expenditure account within the period. He

neither submitted his election expenditure statement nor responded to the show cause notice. I,

had given him personal hearing on 22.08.2016 in the court room of Deputy Commissioner,

Faridabad. Sh. Ravi Singla, an officer of the Municipal Corporation Faridabad represented the

Page 49: STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, …€¦ · STATE ELECTION COMMISSION HARYANA NIRVACHAN SADAN, PLOT NO.2, SECTOR 17, PANCHKULA ORDER No.SEC/3ME/2016/1983 Dated:05.09.2016

Deputy Commissioner. The above said candidate appeared for personal hearing and submitted

the following :-

“He had contested the election from Ward No. 13 of Municpal

Corporation Faridabad in the year 2010. But neither he compainged nor

any expenses had been made. On asking he told that office of the

Deputy Commissioner had provided him the prescribed register for

maintaining day to day election expenses. ”

6. After personal hearing, the order was reserved. Vide this order, the show cause

notice is being decided.

7. On perusal of record of the case and after hearing of the candidate, I am satisfied

that the above said candidate has failed to lodge an account of election expenditure, within the

time and in the manner required by or under this Act. Moreover, above said candidate has

submitted no good reason or justificiation for the failure to submit election expenditure account.

Hence, he deserves to be disqualified. I, Dr. Dalip Singh, State Election Commissioner,

Haryana, in exercise of powers vested under clause (i) Article 243 ZA of the Constitution of India

and Section 8D of the Haryana Municipal Corporation Act, 1994 read with Section 10 A of the

Representation of People Act, 1951 and all other powers enabling it in this behalf hereby order

that Sh. Yogesh Kumar be disqualified for being chosen as, and for being a member of

Municipality for a period of three years from the date of this order.

8. The office is directed to send a copy of this order to the candidate concerned

through Deputy Commissioner, Faridabad immediately.

Dr. DALIP SINGH

Dated, Panchkula State Election Commissioner, Haryana the Ist September, 2016 Endst. No. SEC/3ME/2016/2134-39 Dated :-05.09.2016 A copy is forwarded to the following for information and necessary action :-

1. The Principal Secretary, Haryana Government, Urban Local Bodies Department, Haryana.

2. Director, Urban Local Bodies Department, Haryana, Panchkula. 3. Deputy Commissioner, Faridabad. 4. Executive Officer, Municipal Corporation, Faridabad. 5. Candidate concerned. 6. The Controller, Printing & Stationery Department, Haryana. He is requested notify

in the Haryana Government Gazette as required under Section 8D of the Haryana Municipal Corporation Act, 1994.

Sd/-

(P.K.Sharma) Secretary

State Election Commission, Haryana C:\Users\Sanjeev\Documents\Hearing Cases\Order – Faridabad yogesh kumarl.doc