SAT PAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS civil writ petition filed under Article 226/227 of the Constitution of India prays for issuance of a writ in the nature of certiorari for quashing Order dated 20.2.2009 (Annexure P -11).

(2.) THE facts in nutshell are that election to Municipal Committee, Nilokheri, District Karnal was held and election result declared on 20.1.2008. Under Section 13 -D of the Haryana Municipal Act, 1973, added by Haryana Act No. 20 of 2006 and further modified by Haryana Act No. 26 of 2006 (for short, 'the Act'), in case a person fails to furnish account of election expenditure within the time specified and in the manner required by or under the Act, the person shall be declared dis -qualified for three years. The relevant provision as reproduced in Para 12 of the petition reads as under:

(3.) LEARNED Counsel for the petitioner contends that it is a new introduction in the legislation and most of the persons in the area had not complied with the provision. The petitioner has no malafide reasons. It was for reasons beyond the control of the petitioner and for bonafide causes that the election expenditure could not be furnished in proper format in time. Although the petitioner had informed the authorities that relevant documents/certificates would be produced in evidence of the reasons for delay, however, it has wrongly been recorded in the order that he did not possess the medical certificates. The medical certificates/other evidence in favour of the petitioner have been placed on record as Annexures P -9 and P -10.