Face2News/Chandigarh

In a communication to . Shri Gyanesh Kumar, Hon'ble Chief Election Commissioner (CEC).,  Dr. Sukhbir Singh Sandhu, Hon'ble Election Commissioner(EC).  Dr. Vivek Joshi Hon'ble Election Commissioner(EC).,  Sh. A. Sreenivas, IAS, Chief Electoral Officer (CEO), Haryana, Mr. Hemant Kumar, an Advocate of Punjab and Haryana High Court, urged to ECI to designate IAS Officer as Returning Officer for Rajya sabha elections in lieu of Secretary Vidhan Sabha.

Mr. Hemant Kumar, said, Public Representation for designation of any suitable I.A.S. officer of Haryana Cadre as Returning Officer (R.O.) for Biennial Elections to the Council of States to fill 2 Rajya Sabha seats from the State of Haryana in lieu of incumbent Secretary of Haryana Vidhan Sabha, Sh. Rajiv Prashad, HCS since he happens to be State Civil Service officer i.e. Haryana Civil Service- HCS (Executive Branch- EB) officer of 2016 batch and as on date Sh. Rajiv Prashad doesn’t fulfills the eligibility for being posted as Secretary of State Legislative Assembly as per Haryana Vidhan Sabha Secretariat Service Rules, 1981 ( as amended till date).  

Hemant Kumar, a Bonafide Resident of State of Haryana and an Advocate at Punjab & Haryana High Court through this Memorandum cum Public Representation would like to bring to the notice of the Election Commission of India (ECI) the fact that the incumbent Secretary of Haryana Legislative Assembly (Vidhan Sabha) Shri Rajiv Prashad, who is a 2016 batch officer of Haryana Civil Service (Executive Branch) i.e. H.C.S. (E.B.) is posted as Secretary of Haryana Vidhan Sabha since July,2025. 

Be that as it may, although there is no denying the fact that as per Haryana Vidhan Sabha Secretariat Service Rules, 1981 (as amended till date) which have been made by the Governor of Haryana in exercise of the powers conferred by Clause (3) of Article 187 of the Constitution of India after consultation with the Speaker for regulating the recruitment and condition of service of persons appointed to the Haryana Vidhan Sabha Secretariat Service, the appointment to the post of Secretary, Haryana Vidhan Sabha can be made by the State Government albeit in consultation with the Speaker however it must be noted and kept in mind that the Appendix B to ibid Rules viz. Haryana Vidhan Sabha Secretariat Service Rules, 1981 (as amended till date) there is no mention (read provision) for appointment/posting of a HCS (EB) officer as Secretary, Haryana Vidhan Sabha neither by Promotion nor by Transfer or Deputation although there is explicit mention of appointment of officer belonging to IAS (read by Transfer) and officer of HSJS (Haryana Superior Judicial Service) means (Additional) District & Sessions Judge (read by Deputation) therein. 

Hence, in view of the above, the undersigned most humbly requests yours good self to take an immediate cognizance coupled with prompt action in this matter by wisely taking an call for designation of any suitable I.A.S. officer of Haryana Cadre as Returning Officer (R.O.) for Biennial Elections to the Council of States to fill 2 Rajya Sabha seats from the State of Haryana in lieu of incumbent Secretary of Haryana Vidhan Sabha, Sh. Rajiv Prashad, HCS (EB).