1. The present writ petition is preferred against order dated 10.02.2021 passed by the State Election Commission, Haryana vide which the petitioners have been disqualified for contesting elections for a period of three years.

2. Learned senior counsel for the petitioners contends: -
a) That no effective opportunity of hearing was granted to the petitioners
b) That the notice dated 15.03.2017 and 11.07.2018 were not served upon the petitioners and no effective opportunity was granted to the petitioners to examine the record.
c) That the conclusion that diary No.268 and 269 dated 10.06.2016 are forged is without any application of mind. Neither verification of the signatures was done nor the enquiry report was provided to the petitioners. Further the process of verification by clerks were called at the back of the petitioners and no right was given to examine them.
d) That the petitioners have been disqualified under S.10A of the Representation of People Act, whereas the Act stands amended and the relevant section is 13F of the Haryana Municipal Act, 1973.

3. Per contra, learned State counsel argued on the lines of the reply filed by the State and contends that there is no infirmity in the impugned order dated 10.02.2021, which is passed after following the principles of natural justice and in accordance with law.

4. We have heard learned counsel for the parties and perused the whole record of the cases in hand.

5. A perusal of the record shows as under: -
i) State Election Commission, Haryana vide its notification No.SEC / 3ME / 2015/619, dated 03.06.2015 in exercise of powers vested under clause (1) Art.243 ZA of the Constitution of India, sub-S.3 of S.13E of the Haryana Municipal Act, 1973 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 Committee, Mahendergarh and account of election expenses shall be filed / lodged with the Deputy Commissioner or any other officer prescribed by the Commission within 30 days from the date of declaration of the result of election.
ii) General Elections of Municipal Committee, Mahendergarh was held on 22.05.2016 and the result of the election was declared on the same day. Petitioner No. 1 was elected from Ward No. 14 and Surinder was elected from Ward No. 5 and notified in official gazette on 27.05.2016.
iii) On 07.07.2016, Petitioner no. 1 was elected as President of the MC Mahendergarh.
iv) On 27.02.2017, Deputy Commissioner intimated that total 32 contesting candidates of MC Mahendergarh, including the petitioners have not submitted their election expenditure account within prescribed time.
v) On 15.03.2017, State Election commission served show cause notice to all candidates including petitioners to explain within 15 days as to why they should not be disqualified on account of non - submission of election expenditure account within the prescribed.
vi) On 04.10.2018, a reply was received from the petitioners stating that they have submitted their election expenditure register in Municipal Committee. They further stated that it has come to their notice only after issuance of show cause notice whereas same was deposited by them in the municipality.
vii) State Election Commissioner, Haryana in exercise of powers contained under S.3B of the Haryana Municipal Act, 1973 authorized Assistant State Election Commissioner, State Election Commission, Haryana vide order dated 12.11.2020 to decide the cases of disqualification of the candidates of the said municipality, who failed to lodge their account of election expenses.
viii) Further Deputy Commissioner, Mahendergarh was requested to intimate the candidates who failed to deposit election expenditure to appear before the Assistant State Election Commissioner on 20.11.2020.
ix) The petitioners intimated by email that they are suffering from COVID - 19 and unable to appear on 20.11.2020 and the date for hearing was rescheduled to 07.12.2020.
x)