Rina Garg and Anr v. State of Haryana and Anr

IN T

Rina Garg and A State of Haryana

CORAM : HO HO

Present: Mr

Mr

Mr

Mr

Mr

Ms

SUDEEPTI SH

The passed by the St been disqualifie

2.

Lea a) pet b) serv to t

THE HIGH COURT OF PUNJ AT CHANDIGA -.-

CW Re Da Another

VERSUS a and Others

ON'BLE MR. JUSTICE SURE ON'BLE MRS. JUSTICE SUD r. B.S.Rana, Sr. Advocate with r. Nayandeep Rana, Advocate for r. Ankur Mittal, Addl.A.G., Hary r. P.P.Chahar, Sr. DAG, r. Saurabh Mago, DAG and s. Kushaldeep Kaur, Advocate fo -.-

HARMA, J. e present writ petition is preferr tate Election Commission, Hary d for contesting elections for a p arned senior counsel for the petit That no effective opportuni titioners That the notice dated 15.0 ved upon the petitioners and no the petitioners to examine the rec

JAB AND HARYANA ARH WP-3756-2021 (O&M) served on :-20.11.2024 ate of Decision :-02.12.2024

....Petitioners

....Respondents ESHWAR THAKUR EEPTI SHARMA r the petitioners. yana with or the respondents.

red against order dated 10.02.20 ana vide which the petitioners h period of three years. tioners contends:- ity of hearing was granted to

03.2017 and 11.07.2018 were o effective opportunity was gran cord.

have not

c)

¶10ver pro cler to e d) of t and

3.

Per by the State and

10.02.2021, whi accordance with

4.

We record of the cas

5.

A p

i) ves sub pre inc con acc

That the conclusion that

06.2016 are forged is without rification of the signatures was ovided to the petitioners. Furth rks were called at the back of the examine them. That the petitioners have be the Representation of People Ac d the relevant section is 13F of th r contra, learned State counsel a d contends that there is no infir ich is passed after following the h law. e have heard learned counsel for ses in hand. perusal of the record shows as un State Election Commission, .SEC/3ME/2015/619, dated 03 sted under clause (1) Article 24 b-section 3 of Section 13E of the escribed the limit of expendit urred by the contesting cand nnection with election of Munici count of election expenses shal

diary No.268 and 269 da any application of mind. Neit s done nor the enquiry report w her the process of verification e petitioners and no right was giv een disqualified under Section 1 ct, whereas the Act stands amen he Haryana Municipal Act, 1973 argued on the lines of the reply fi rmity in the impugned order da e principles of natural justice and r the parties and perused the wh nder:- , Haryana vide its notification

3.06.2015 in exercise of pow 43 ZA of the Constitution of Ind e Haryana Municipal Act, 1973 h ture of Rs.75,000/- that may didate or his authorized agent ipal Committee, Mahendergarh ll be filed/lodged with the Dep

ated ther was by ven 10A ded

¶3filed ated d in hole no. wers dia, had be t in and

Com wit

ii) hel sam Sur on

iii) MC

iv) con hav pre

v) not as sub

vi) stat Mu not dep

vii) con aut

mmissioner or any other offic thin 30 days from the date of dec General Elections of Munici ld on 22.05.2016 and the result me day. Petitioner No. 1 was rinder was elected from Ward N

27.05.2016. On 07.07.2016, Petitioner no C Mahendergarh.

On 27.02.2017, Deputy Com ntesting candidates of MC Mahe ve not submitted their elect escribed time. On 15.03.2017, State Electio tice to all candidates including p to why they should not be bmission of election expenditure On 04.10.2018, a reply w ting that they have submitted th unicipal Committee. They furth tice only after issuance of show posited by them in the municipal ) State Election Commissione ntained under Section 3B of t thorized Assistant State Electi

cer prescribed by the Commiss claration of the result of election ipal Committee, Mahendergarh w of the election was declared on elected from Ward No. 14 No. 5 and notified in official gaz o. 1 was elected as President of mmissioner intimated that total endergarh, including the petition tion expenditure account wit on commission served show ca petitioners to explain within 15 d disqualified on account of n account within the prescribed. was received from the petition heir election expenditure register her stated that it has come to th w cause notice whereas same w lity. er, Haryana in exercise of pow the Haryana Municipal Act, 19 on Commissioner, State Elect

sion . was and ette ners thin ause days non-ners r in heir was

Com of fail viii inti app

20.

ix) CO hea

x) cau

¶02not wit

xi) alo Ma ent and

xii) wer Mu inq

mmission, Haryana vide order d disqualification of the candida led to lodge their account of elec

i) Further Deputy Commission imate the candidates who failed pear before the Assistant S

11.2020. The petitioners intimated by OVID-19 and unable to appear aring was rescheduled to 07.12.2 Petitioner no. 2 filed CWP use notice and notice of personal

12.2020 with directions to the tice and to State Election commi thout any delay. Both petitioners appeared a ngwith a copy of diary re ahendergarh, in which their elect tered in the diary register of Mu d 269 both dated 10.06.2016. ) On 10.02.2021, a detailed i re got verified from the co unicipal Committee, Mahenderg quiry following conclusion was r

dated 12.11.2020 to decide the ca ates of the said municipality, w ction expenses. ner, Mahendergarh was requested d to deposit election expenditure State Election Commissioner y email that they are suffering fr r on 20.11.2020 and the date 2020. No. 20580 of 2020 against sh l hearing, which was disposed of e petitioner to submit response ission to take decision in the ma and submitted their detailed re gister of Municipal Commit tion expenditure register has sho unicipal Committee at Sr. No. 2 inquiry was conducted, stateme oncerned Officer/Official of garh and after conducting detai eached:

ases who d to e to on rom for how f on e to atter eply tee, own ents

a) Sh. Mahavir Singh, P authority to get the di and he could not reply 268 and 269 have bee whereas Sh. Khillu R related work. b) Sh. Mahavir Singh, Pe page marking in the d 273 dated 10.06.2016 t has started diary wor entries have been ma register. c) Signature of Sh. D fraudulently in Committee, Mahender the motive that such si the death of Sh. Dinesh d) There were ten letters e register (mentioned

10.06.2016 to 13.06.2 original letters only a 267 was provided. On that no diary number w the remaining nine le

Peon was not authorized by iary work done from his daugh y why the letters entered at Sr. N en delivered to Sh. Dinesh, Cle Ram, Clerk was doing the elect eon was asked to explain about diary register having Sr. No. 264 to 13.06.2016, he has stated that rk in between, whereas the s ade on starting pages of the di inesh Kumar, Clerk was m diary register of Munici rgarh by the interested persons w ignatures could not be verified a h, Clerk. entered in starting page of the di at Sr. No. 264 to 273 da 2016) and on asking for the s copy of letter mentioned at Sr. N n perusal of said letter it was fou was mentioned on the said letter, tters report of each branch of

any hter No. erk, 4 to t he said iary made ipal with after iary ated said No. und

sub disq wit

6.

Fol elections of M

22.05.2016:- "13 The (Ce pro Sec wit pro ele und

said municipality was said letters were not re Accordingly, it was conclu bmit the expenditure account qualified under Section 13 D of th Section 10 A of Representatio llowing are the provisions, w Municipal Committee, Mahend 3D. Application of certain sec e provisions of Sections 10A, 2 4B, 135B and 135C of the Repr entral Act 43 of 1951), shall ovisions of this Act. ction 10A of the Representati th disqualification for failure to ovides as under in the case of ction and the same was also ap der the said Act and the same is r "10A. Disqualification fo election expenses: If the Ele a person-

(a) has failed to lodge an ac the time and in the manner re

s sent according to statements, ceived in their branches. uded that the petitioners failed within 30 days and thus, w f Haryana Municipal Act, 1973 r on of Peoples Act, 1951. which were applicable, when dergarh were conducted i.e. ctions of Central Act 43 of 19 20B, 28A, 33A, 33B, 125A, 134 resentation of the People Act, 19 l mutatis mutandis apply to ion of the People Act, 1951 de lodge account of election expen f Parliament and State Legislat pplicable in the municipal elect reproduced as under - r failure to lodge account ection Commission is satisfied t ccount of election expenses, wit equired by or under this Act, and

d to were read on 951: 4A, eals nses tive of that thin d

13E Eve age con ele of d

(2)

(3) ma

x

¶4Har

(b) has no good reason or Election Commission shall, Gazette, declare him to be shall be disqualified for a pe of the order." E. Account of election expen ery candidate at an election sha ent, keep a separate and corre nnection with the election incurr ction agent from the date of filin declaration of the result thereof, The account shall contain such State Election Commission in th The total of the said expenditur ay be notified by the State Electio

x

That the State Gover 17 dated 17.04.2017 inserted s ryana Municipal Act, 1973, whic 13 F. Disqualification for fa expenses:- If the State Elect person has failed to lodge within the time and manner, Commission and has no reas Election Commission shall,

r justification for the failure, by order published in the Offi disqualified and any such per eriod of three years from the d nses and maximum thereof: all, either himself or by his elect ect account of all expenditure red or authorized by him or by ng of nomination papers to the d both dates inclusive. h particular, as may be notified his behalf. re shall not exceed such amount on Commission from time to tim x

x rnment vide Notification No. L section 13F, 13G and 13H in ch provides as under :- ailure to lodge account of elect tion Commission is satisfied tha an account of election expen as prescribed by the State Elect son or justification thereof, the St by order published in the Offi

cial rson date

(1) e in his date d by t as me." Leg at a nses tate

¶5Leg dat

Gazette, declare him to be election for a period of five under this Act. 13 G. Removal or reductio The State Election Commiss in disqualification under Sec 13 H Lodging of account w Every contesting candidate account of election expendi date of declaration of el Commissioner or an office Commission. The Deputy C send a list of those candidat the account of election e beyond the limit prescribed immediately after the comple the declaration of electi Commission shall accord disqualification under section

That the State Govern g 20/2018 dated 19th April, 201 Haryana Municipal Act, 1973 v ted 04th September, 2019, which "13 J Removal of an elec fails to lodge election expe

e disqualified for contesting e years from the date of the or on of period of disqualificatio ion may, for reasons to be recor ction 13F. with the Deputy Commissione or his election agent shall, lo iture within thirty days from lection result with the Dep er authorized by the State Elect Commissioner or such officer sh tes who contested but fail to lo expenditure or made expendit by the State Election Commiss etion of a period of thirty days fr ion result. The State Elect dingly pass an order of th n 13F." nment again vide Notification N 18 inserted section 13J and 13K vide Notification No. Leg. 34/20 are reproduced as under-ted President and Member w enditure statement:- If an elec

an der on:- ded er:- dge uty hall dge ture sion rom heir No. K in who

7.

Sec

17.04.2017,whic expenses and h years from the d

8.

Sec regarding the d The Election Co years from the d

9.

At under Section 1 under Section 1 provisions i.e. disqualification

President or member fai sections 13F or 13H, he Election Commission after being heard. The office disqualified shall become vac 13 K Review: The President section 13 or 13J may file a before the State Election forty-five days from the r passed by the State Electio shall be final and no civil entertain a petition against ction 13F was inserted in the ch refers to disqualification for e can be disqualified for conte date of the order under the Act. ction 10(A) of the Representati disqualification for failure to lo ommission has power to disquali date of the order. the time of issuance of show c 0A of Representation of the Peo 0A, disqualification is for three under Section 13F of the for failure to lodge account of el

ils to follow the provisions shall be removed by the St r giving him an opportunity of the President or member cant immediately. t or a member so disqualified un an application for review of or Commission within a period receipt of the order. The or on Commission under this sect l court shall have jurisdiction t such order." Haryana Municipal Act, 1973 failure to lodge account of elect sting an election for a period o ion of the People Act, 1951 sta odge account of election expen ify such person for a period of th cause notice on 15.03.2017 pow ople Act, 1951, were exercised e years whereas under the amend Haryana Municipal Act, 19 lection expenses is for five years

of tate y of so nder der d of der n to on of 5 ates ses. hree wers and ded 973,

10.

A p State Election C order. Further th hearing and the heard.

11.

In v order dated 10.0 devoid of any m

12.

Pen

(SURESHWAR

JUDGE

December 02, 2 tripti

Wh

Wh

perusal of the impugned order Commission validly exercised its he impugned order shows that th e impugned order is passed afte view of the above, we do not f

02.2021. Accordingly, the prese merit. nding applications, if any, also st R THAKUR)

hether speaking/non-speaking : S hether reportable

: Y

r dated 10.02.2021 shows that power while passing the impugn he petitioners were granted perso er giving full opportunity of be find any infirmity in the impugn ent writ petition is dismissed be tand disposed of. (SUDEEPTI SHARMA) JUDGE Speaking

ned onal eing ned