(1)t a mem ter shall be deemed to have brought disrepute to the Council, under, item. (2) of part IV of/the > First Schedule of the Act if, in connection with ah election to the Council of the institute, he is fountl to have contravened the provisions of sub-rule (2) or all or any of the clauses of sub rule (3) or sub-rule (4) cfthis rule.,- - . r - t* - .T-h» -r-* • S, jidate in.it , (2)^ ,OnlyroneE.manifestq or circular shall be issued by a can relation to the election in the period commencing from the date of issue of final list of nominations to the candidates; // ./ * / * Vi,-,*i. - ?jjr. ’ **>t«*Y ; -s v .
, .tJ3) ., A manifesto -or-cirpular issued..shall,conform lo the following T requirements in the interest of maintaining dignity in the election, namely» t. ■ r ■ V +1 *>*#»* « k ' K •’ V + '* 2? '
(a) A manifesto or circular shall contain informatiorfregarding the j candidate himself and shall, mot,make any reference, .directlyor indirectly, to any. other candidate/ \ (b^^The information, which a candidate may .furnish in a manifesto A? V ^Yrcular; regarding.'himself, shall not differ Jn any material respect ’ from the information furnished by‘the Institute to^the/voters under rule 9. A candidate may, however, include in such'manifesto or jir> wcircular,,any additional information not contained in the information ....... ,,, : U , fum.shed undermle?; . I t ■* h ■ fpaH’feslp.or.xircularshall.neither contain any appeal to the 1/ Voters on the/basis oh caste .or.,on communal,/religious, regional or sectional lines'nor any fell claim; ' J '' ■ ' // /^ '(d)/"/‘The /distribution "of emanifesto^or circular* shall' be/estricted only to the memtiers of the constituency concerned/' ' # A certified copy of, such manifesto or circular shall be sent to * the/Returning Officer by'speed/registered post within 15 days of its issue; * , : , q u i. t sWhile a, candidate may repeat, in any form, the man festo or -i: ■ -^circular issued,under,'sub-rule (2) of this rule^without changing its V-"- ■?: JF* I ’.[^n n—^g3(i)3 >107 '• * * :■*' \ contents, however, he shall not issue more'than one'“manifesto or circular. ’ \ v ■' ' \ ,d<, -L ' ^O-JVf<|X 4 *<■ (4)?A member shall not adopt one or more of-the following practices with A 7 regard to the election to the Council, namely •& Z‘Si:/-i:> ■r t > v; . n c • r
(i) Bribery,/that is to say, any gift, offer Or promise of any gifts or > ‘ gratification to any person by a candidate or any other: person; with his connivance, with the object directly or indirectly ofT \ ‘ .yr
(a) inducing‘a member to stand or/not to stand as a ’candidate at an election or rewarding him for act or omission; or t- '' ■ < ‘ . (b)^- inducing to withdraw his candidature or rewarding such withdrawal; or
(c) inducing a voter to vote or not to vote at an election, or as a reward v for act or omission; x . '■■■ < ><5 ;-
Explanation. - For the purpose of this clause, the term "gratification" #■' ; is not .restricted to pecuniary gratification or gratifications estimable in money, ' and it includes organising parties * or providing any ’ others form of entertainment, and all forfns of employment for reward/ but ittooes not include the payment of any expenses bonafide incurred at or for the purpose , - - of any election; — ' ■ c .* .<
(ii) undue influence, that is to say, any direct or indirect interference or s attempt to interfere on the part of a candidate or any otherfper$on, with his * connivance, with the free exercise of any electoral right;
(iri) the publication by a candidate or by any other person, with his ■“connivance, of'any statement of fact whicKis false, and which he either • believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature or . -withdrawal of any* candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election; * ’ k (iv) theTobtaining or procuring or abetting, or; attempting to obtain or procure, by a .candidate or by any other person, with his connivance, any assistance for the furtherance of the prospects of the candidate's election air’from any person serving under the Government ofJndia drvthe Government of any State, other than the giving of vote by suchiperson., if he is a member , entitled to vote;
. L- (v) v the hiring or procuring, whetheron payment or otherwise, of a vehicle by a-:, candidate ■- orc by "any other person;-; .with his /connivarice,. for the conveyance of voters;
(vr) resorting to disorderly behaviour or misbehaviour within the zero tolerance zone to be determined by the Returning Officer of the polling booth i - 108 THE GAZETTE QF INPJA: EXTRAORDINARY [Part II-—Sec. 3(i)1 and/or venue for counting of votes;
Explanation. - For the purpose of this clause, canvassing for votes, distribution of visiting cards, pamphlets, manifestos, letters/ hand-outs, circulars and the like, erection of any stall and display of any banner shall be treated as disorderly behaviour or misbehaviour I ' ' ' < ’(vii)' exhibiting or placing any notice or sign board relating to the election by a candidate pr by any other person with the connivance of the[ candidate at any time and any where during the election period including on the date or dates of polling within a distance of 200 meters from the polling booth;
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(viii) non-compliance with any of the directives pr circulars or instructions issued by the Returning.Officer under these Rules in any matter relating to elections;
(ix) ; contesting the election representing a political party or on political lines;
*
(x) any act specified in clauses (i) to (ix) when done by a mefober, who is not a candidate, but is acting with the concurrence or connivance of a candidate;
(xi) ‘ the receipt by a member or an agreement by a member to receive any gratification
(a) as’an inducement or reward for standing or not standing as a .candidate; or
(b) as an inducement or reward for withdrawing his candidature;
; or ■ / . (c) as an inducement or reward for himself or any other person forvoting or refraining from voting; or ]
(d) as an inducement or. reward for inducing or attempting to /induce any voter to vote or refrain from voting; or
(e) inducing or attempting to induce any candidate to withdraw his candidature;
(xii) Contravention or misuse of any of the provisions of these Rules or making of any false statement knowing it to be false or without knowing it to be true, while complying with any of the provisions of these Rules.
it t . [HPTII—^ng3(j)] 109 Schedule 1 Regional Constituencies - . (see rule 3) The electorate for the purpose of election to the Council, shall be constituted into five regional constituencies as follows:
Western India Regional Constituency :- Comprising the States of Goa, Gujarat and Maharashtra and the Union Territories of Dadra & Nagar Haveli and Daman & Diu;
Southern India Regional Constituency Comprising the States of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu and the Union Territories of Lakshadweep and Pondicherry; • ' , ■ . . (iii) Eastern India. Regional Constituency Comprising the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Sikkim, Tripura, West Bengal, and and the Union Territory of Andaman & Nicobar Islands;
(iv) Central India Regional Constituency :- Comprising the States of Bihar, Chattisgarh, Jharkhand, Madhya Pradesh, Rajasthan, Uttaranchal and Uttar Pradesh;
(v) Northern India Regional Constituency Comprising the States of Haryana, Himachal Pradesh, Jammu & Kashmir and Punjab and the Union Territories of Chandigarh and Delhi.
Schedule 2 List of Voters sub-rule (1) to (6) of rule 6) ,u. (1) ■ The list of voters shall be prepared separately for each regional constituency.
(2) The list so prepared under clause (1) above shall show distinctly and * separately:- \ •
(i) whether the voter is an associate or a fellow;
(ii) the address of each member as determined under rule 5 for deciding the eligibility of the member to vote;
(iii) in the case of voters residing outside India, in addition to their address in India under clause (ii), their respective addresses outside India if : ; furnished to the institute by the voters concerned;
' * , (iv) details of internet address or e-mail address as furnished by a voter to i pyiiyH^PT^ITB'gyyi^Pl'jl-jTIn' 't mPSE=wrsi*r IK) THE GAZETTEOFJNDIA:: EXTRAORDINARY [Part II—Sec. 3(i)] the Institute, provided an express consent is given-by thelvoter for its inclusion in the li st of voter’s;
(v) the manner in which the voter shall exercise his franchise; and
(vi) in case the voter is to exercise his franchise at a polling booth, the number and address of the polling booth, at which the franchise shall be exercised.
(3) In respect of a place having more than one polling booth located addresses, the Returning Officer shall do the fallowing to decide the polli be published in the list of voters vide sub-clause (vi) of clause (2) above:
at different ng booth to booths at a(i) He shall publish a notice containing,the addresses of different polling place where there are more than one polling booth, at least two months'~before_ publication of the list of voters, in the-Journal of the Institute and the Newsletter of the Regional Council concerned, and also upload the same on the Institute's website;
(ii) Any voter in such a place wishing to vote at a particular.polling booth published, under clause (i) above may send a request to the Returning pfficer within one month from the date of publication of such a notice; .
(iii) The Returning Officer may, at his discretion, permit such a voter to vote at the polling booth of his choice, and accordingly include the details of the said polling booth in the List of Voters; . . .
■ . ■ -
(iv) In case it is not possible for the Returning Officer to permit a voter to vote at the polling booth requested, the Resuming Officer may decide to permit him to vote at any other polling booth at the place and accordingly include the details of the said polling booth in the List of Voters; , t • . ■ F. ’ £ v * Schedule 3 Number of members to be elected ■(see rule 8) . ■.
■ , B J I
(1) Subject to provision of clause (5) below; the number of members to be elected from each regional constituency shall be one member for such number of members in the constituency as may be determined by dividing the total number of members as determined in accordance with clause (4) below by the maximum number of members to be elected to the Council as provided in sub-section (2) of section 9 of the Act.
(2) In case the resultant number of members far each constituency ! after being added up in terms of the absolute number without considering the fraction, is less than the maximum number as provided in sub-section (2) of section 9 of the Act, the fraction in respect of the region with the highest fraction will be counted as one. In case the total is still less than the maximum- number, the fraction in respect of the region with the next highest: fraction will be counted as one. This] process be continued, subject to provision of clause (5) below, until the total is equal to the maximum number of members to be elected under sub-section (2) of section 9 of the Act..
■ ' - ; 1 ■■ b
(3) In case the resultant number of members for each constituency, after being added up, is less than the maximum number of members and there are more than one regional constituency with exeictfy the same fraction/the constituency-with a higher -■j r 'J3Tr5"3(i)] " TOT ^JT TT3TT^ : 3TTOTT^ , ' 111 !
'■■----' -■- - • ~" • - • • ■■ ' . . !
//lumber of the members will have precedence Jn the matter of conversion of the I fraction into one, subject to provision of clause (5) below. 1 . s > !
(4) The total number of members referred to in clause (1), shall be determined • with reference to the number of members in the list of members published under sub- i section (3) of section 19 of the Act in the financial year in which the election is to take place. \ -
(5) Notwithstanding anything contained in clauses (1) to (3), each constituency shall have at least two persons elected therefrom to the Council. i / ’ , Schedule 4 * ;
* , Information to be included in the Statement accompanying the Nominationr ■ (see sub-rule (4) of rule 9)
(1) Nomination of a candidate shall be accompanied by a statement signed and verified by the candidate containing following information:- i1 * i
(a) Name, membership No., Professional Address and voter's serial number ‘ as published in the List of Voters
(b) Date of birth , (ci Whether Fellow and the date on which became Fellow
(d) Date of Enrolment as an Associate member
(e) Whether citizen of India t .
(f) Whether found guilty of any professional or other misconduct and consequently whether he has been reprimanded or the name has been , removed from the Register or has been awarded penalty of fine as on the date of nomination .
* (g) If the answer to (f) above is in affirmative, to provide the following details, wherever applicable (separately for each misconduct for which found guilty):
u (i) the offence for which found guilty * (ii) the date of reprimand
(iii) the date from which the name was removed on account of above disqualification from the Register
(iv) the total period of removal , '' ' (v) the date on which the period of removal expires .’.’/* (Vi) whether the removal was on account of misconduct falling under # the First Schedule or the Second Schedule
(vii) the date on which the penalty of fine.was awarded : ‘ (viii) amount of penalty of fine ' .
(ix) the date on which the payment was made for penalty of fine awarded;
!
r
(h) (i) Whether appointed as the auditor of the Institute <and, if so, whether a period of three years had already expired after he has ceased * to be the auditor of the Institute, along with dates .of appointment and . cessation as auditor; . !
i ■ < [Part II—Sec. 3(i)]112
(ii) if that has not yet expired, the date on which it shall (!) Details of past and present’membership of the Council including the Office of the President and/or Vice-President of the Institute;
(j) Whether holding a post under the Central Of State Government , as defined in clause (ii) of the Explanation to rule ti
(2) The statement referred to in clause 1 may also contain^ atoption of thd candidate, information concerning the candidate in teSjpeSt the following:
(a)
(b)
(c) ’(d) Academic qualifications (diplomas including post qualification diploma(s) and degrees recognised by Government or Council and membership of professional bodies recognized by the Council); * Merit awards (limited upto first three positions) in the examinations of' recognised universities and the examinations conducted by trie Institute;
Particulars of occupations -
(i) Employment (designation with name of present emplAyer)
(ii) Practice (sole proprietor or in partnership including the name of the firm)
(iii) Particulars of other occupation Of engagement, if not*
(i) and (ii) above, 4 covered by-, - vJ Past and present membership of Regional Councils and Managing Committees of branches of Regional Councils and Office of Chairman^ Vice-Chairman, Secretary and or Treasurer in the case of Regional Councils and/or branches of Regional Councils.
Schedule 5 Particulars of contesting candidates to be included Sfi the final list of valid nominations (see sub-rule (3) of rule 15) The final list of valid nominations shall be accompanied by following particulars of contesting candidates to the extent they have beep supplied by the candidates under sub-rule (4) of rule 9:-
(a) Name, membership No., Professional Address and voter's serial number, as published in the List of Voters' . :
• (b) Date of birth,
(c) Whether Fellow and the date on which became Fellow
(d) Date of Enrolment as an Associate member
(e) ' Whether citizen of India
(f) Whether found guilty of any professional or other misconduct and consequently hes been reprimanded or the name has been removed from the Register or has been awarded penalty of fine, as of nomination, with details thereof < on the date 113[Will—7g^g3(i)j 4 ■i ■ i A
(g) Details of past and present membership of the Council including the Office of the President and or Vice-President of the Institute t. . (h) .Academic qualifications (diplomas including post qualification diploma(s) and degrees recognised by Government or Council and membership of professional bodies recognized by the Council)
(i) Merit awards (limited upto first three positions) in the examinations of recognised universities and the examinations conducted by the Institute . Q) Particulars of occupation:- \ : (i) Employment (designation with name of present employer)
(ii) Practice (sole proprietor or in partnership including the name of the firni) • • -
(iii) J Particulars of other occupation or engagement, if not covered by
(i) and (ii) above .v
(k) Past and present membership of Regional Councils and Managing Committees of branches of Regional Councils and office of Chairman, Vice-Chairman, Secretary and or Treasurer in the case of Regional Councils and/or branches of Regional Councils.
* - , Schedule 6 Procedure for polling at the polling booth (see rule 29)
1. Identification of voters and Tendered Ballots
(1) Every person claiming to be a voter shall be required to.sign the copy of - the list of members eligible to vote provided by the Returning Officer and his - identity or signature shall be verified by the polling officer in such manner as may be advised by the Returning Officer from time to time.
(2) At any time before a ballot paper is delivered to a person claiming to be ■ a voter, the polling officer may, on his own accord, if he .has reason to doubt the identity .of the person or his right to vote at the polling booth or if his specimen signatures are not available with the polling officer, and shall, if so required by a candidate or his authorised representative, satisfy himself in any . manner as he may deem advisable as to his identity.
(3) If the polling officer is not satisfied as to the identity of the person claiming to be a voter, he rriay issue a ballot paper to such person but instead of getting the ballot paper inserted in the ballot box, he shall place the same in a separate sealed cover superscribed as "Tendered ballot” and send it to the ■Returning Officer along with a tetter from the person concerned together with his own observations theneon, for the Returning Officer's decision which shall be final and conclusive.
(4) . In deciding the right of a person to obtain a ballot paper under this schedule, the Polling Officer at any polling booth may interpret any entry in the list of'members eligible to vote so as to overlook merely clerical or printing error, provided that he is satisfied that such person is same as the voter to' whom such entry relates.
2. Record to be kept by the polling officer The polling officer,shall, at the time of delivery of the ballot paper place against the name of the voter in the list of members eligible to vote, a mark to denote that the voter has received a ballot paper.
i 1 1 1 i1 i 1 114 THE GAZETTE OF INDIA: EXTRAORDINARY [Part Jl—=-Sec. 3(i)] 3 Ballot Box The ballot box shall be so constructed that 3 ballot paper can be inserted there into during the poll but cannot be withdrawn therefrom, without the box being -unlocked or the seals being broken/
4., Manner of recording of votes after receipt of ballot paper ■. , : On receiving the ballot paper, the^vorter shall forthwith proceed ihto the H - secret chamber, set apart for- the purpose and shalbfecord his vote on the ballot paper in the manner specified in rule 20. He shall thereafter fold the ballot paper, leave the secret-chamber and insert the ballot paper in the balot box provided for the purpose, in the presence of the polling officer * -. . • 1 5: Return of Ballot paper by voter
(1) Where a voter, after obtaining a ballot pa per,, chooses not to vote, he shall return the ballot paper to the polling officer and the ballot paper so returned shall then be marked as fcancelled-retumed" and kept in a separate envelope set apart for the purpose and a record shall’be:kept by the officer of all such ballot papers. ' .
polling
(2) Where any ballot paper, which was delivered to a voter, is found, with . or without any writing thereon, in the secret chamber, it shall be dealt with in ■■■■* accordance with toe provisions of sub-clau§e(l), as if it had been returned to ‘ the polling officer. ," ... " ,» ■
6. Procedure at the polling l>ooth '
(1) A polling booth shall be kept open on toe day or days appointed for recording of votes from 8.00 a.m. to 7.00 p.m. unless otherwise directed by the Council. i • .' ' , -
(2) If toe polling at any polling booth cannot take place on the day or days appointed for recording of votes or-is interrupted or obstructed by any sufficient cause or the ballot box used at: the booth is tampered with or is accidentally or deliberately destroyed, lost or damaged, the polling officer with the prior approval of the Returning Officer, may adjourn the polling to a subsequent date or toe Returning Officer, may declare toe polling at the booth void and order a ffesffpolling. ' ' ! ■
(3) If a polling is adjourned or declared void under sub-clause (2), toe Returning Officer shall, as soon as possible, appoint the place where the polling shall be subsequently conducted and the'time, date or dates, as the case may be, for the said polling. * -- ;
■ » . I ■ '• - =i , ‘
(4) The place, date or dates and toe time of polling‘appointed under sub clause (3), shall be notified individually to all toe voters affected as we I as in the Gazette of India. - ,r .
I
(5) . The Returning Officer shall riot proceed to count toe votes cast at the - election until the polling at .all the polling booths in that constituency has been completed. • ! • > - • • - 1 -- ■. ____ ___________ v - W :. - .115 ■[vnil—7^3(i)j
(6) The polling officer shall close the polling booth at the end of the day, or if ttle polling is for more than one day/at the end of each day, at the hour appointed under sub-clause (1), and no voter shall be admitted thereto after that: hour: ■" -
Provided that any voter present in the polling booth before it is closed, . shall' be entitled to have his vote recorded. :;
(7) The polling officer shall, as soon as practicable after the close of the'poll or after its close on each day, if the polling is for more than one day, in the presence of any candidates dr their authorised representatives who may be present, seal the ballot box or boxes with his own seal and the seals of such candidates or authorised representatives as‘may desire to affix their seals thereon. \ ' i pf L H ' J r
Explanation: Where the polling is conducted over more than one day, the ballot box or boxes used on a "day shall be sealed at the end of each day, and a new ballot box shall be used on the next day for the‘purpose'of casting of votes; 51' ' *
(8) The polling officer shall, at the close of the poll'or after its close on each day make up into separate packets: ' \ ;
(i) the unused ballot papers;
(ii) the returned ballot papers; 7 ' \ ‘ \ ■ (iii) the tendered votes; / ' * *
(iv) the marked copy of the list of members eligible to vote; and . (v) any other paper directed by the Returning Officer to be kept in a sealed cover . -; " < ‘ 0 , , .
and seal each such packet with his Jown seal and the seals of such candidates or authorised representatives’^as/may desire to affix their seals thereon. . " ** +
(9) Where the polling is arranged to take" place for more than one day, the polling officer shall arrange for the safe custody of the ballot box and such packets after the end of polling on one day and start of polling on the next day.
• • . ’ ' / 'J ' -
(10) Where the polling is arranged to take place/or more than one day, just before the polling booth is opened to1 the voters on the following day the polIing officer shall, in the presence of 'any candidates or their authorised representatives who may be "present, remove the seal or seals affixed in accordance with sOb-clause (8),’after the seals are examined by him and by the candidates or authorised representatives, for use during the course of that day.
■, ' - * v «- "■ ' t * ‘ f 4 t
(11) The ballot box and packets, referred to earlier, shall.be accompanied by an account of ballot papers showing the total number .of ballot papers received, issued and un-issued, returned;.as also’the number of ballot, papers'which, should be found in the ballot box and packets.' This account shall be forwarded to the Returning Officer. , ’ > ■ 2763 Gl/2006—16 i ■Wl .=FlPi;r»ro >U 116 THE GAZETTE OF INDIA: EXTRAORDINARY - [Part U!—Sec. 3(i)]
7. Transport of ballot boxes etc. and their custody
(1) The Returning Officer and the polling officer shall make adequate arrangements for the'safe custody of the ballot boxes and other papers and for - the. safe transport to the headquarters of the Institute of all the packets or boxes and other papers referred to in rule 6.
(2) The Returning Officer shall be responsible for the safe custody of the articles referred to in sub-clause (1), until the commencement of the* counting ofvotes. ' , ' * Schedule 7 .■ ! - $■ ■■ . Procedure for voting by post (see rule 30)
1. Returning Officer to send ballot papers by post Not less than twenty one days before the last date and time notified of ballot papers by post, the Returning Officer shall send by Speed or post to the voters permitted to vote by post, the ballot paper, together with a letter explaining the manner in which the vote shall be recorded thereon, the manner in which the recorded ballot papers shall be returned and Specifying the date and hour by which it shall reach the Returning Officer:
Provided that in the case of voters residing outside India, -the ballot papers shall be sent by speed or registered post at least thirty days before the last date and time notified for receipt of ballot papers by post. .
br receipt registered
2. Issue of undelivered and fresh ballot papers Where a ballot paper and. other connected papers sent by post under ■. sub-clause (1) are damaged "in transit or are for any reason returned undelivered or the Returning Officer is satisfied that the ballot papers have been sent incorrectly by |x>st, the Returning Officer may reissue the same by speed or registered post or deliver them to the voter on his applying for the same, and submitting sufficient proof of damage or non-delivery.
3. Postal Ballot papers to be returned after recording votes
(1) The postal ballot paper received under clause 1 above shall, if he . desires to vote, be returned by the voter, in the manner mention herein below:-
(a) " for a voter Residing within India, after recording his vote thereon in the manner specified in rule 20 and in the pre-stamped envelope provided for the purpose and in the manner specified by the Returning Officer under clause 1 from the place tp. which the ballot paper was sent by the Returning Officer under clause 1 so as to reach the Returning Officer before the date and time specified in this behalf. The cover containing the recorded ballot paper shall be accompanied by a declaration of the voter in the approved Form; ,
(b) for a voter residing outside India, after recording his vote thereon in the manner specified in rule 20 and by ordinary post or speed or registered post & [HTHII—7gP5 3(i)] 'WcT "3iT : SKTTMm in;
and in the manner specified by the Returning Officer under clause 1 but from the country to which the ballot paper was sent by the Returning Officer under clause i so as to reach the Returning Officer before the date and time specified ’ in this behalf. The cover containing the recorded ballot paper shall be accompanied by a declaration of the voter in the approved Form; ’
(2) . A cover containing ballot paper which does not reach the Returning Officer either in the manner specified by him under clause 1 on or before the date and time specified shall not be taken into consideration in the counting of votes. The Returning Officer shall note on all such covers the manner in which ’ each was received back by him including use of the envelope other than the one provided for the purpose, dispatch by a mode other than required mode and the date and time of receipt and keep all such covers together in a packet.
■ ■ ■ .:
(3) , , In regard to covers where the postal stamp of place of posting is not clear or decipherable, the decision taken by the Returning Officer on ascertaining or determining the place or country from which the cover containing the ballot papers is sent shall be final.
(4) The Returning Officer shall disregard all covers containing the voting i papers relating to two or more members and posted in one and the same envelope.,
(5) . If the signature of the voter as appended in the e nlope and Form referred to in clause (3) of this schedule does not tally with any of his signature as available in the Institute's records, the Returning Officer shall disregard such - cover containing the voting paper.
(6) The Returning Officer, shall keep in safe custody all covers containing postal ballot papers received by him until commencement of the counting of - votes. 1 * Schedule 8■ ' ■ !
Procedure for counting of votes and declaration of results (see rule 35) • 1 Definitions ■ ! • ' . * For the purposes of this schedule, unless the context otherwise requires:
(a) "continuing candidate" means any candidate not elected and not , 4 ■ excluded from the poll at any given time at the time of counting;
. (b) "exhausted paper" means a ballot paper on which no further preference • • ** . is recorded for a continuing candidate at the time of counting:
Provided that a paper shall also be deemed to be exhausted in any case in which - ' ' '
(i) the names of two or more candidates, whether continuing or not, are marked’with the same figure and /, ; are next in order of preference; or y ■ ■ . $ 118 THE GAZETTE OF INDIA: EXTRAORDINARY [Part II—Sec, 3(i)1
(ii) tfie name of the candidate -next in order of whether continuing .or not, is marked by following consecutively after some other fig ballot paper or by two or more figures;
preference, f figure not ures on the
(c) "First preference" means number 1, "second preference" means number 2 and "third preference" means number 3 (in Arabic or Roman ni imerals or in words) as the case may be, set opposite the name of any candidate, and so on;
(d) "original vote" in regard to any.candidate means a vote derived, from a ballot paper on which a first preference is recorded for such candidate;
(e) "transferred vote", ih regard to any candidate means a vot eJ the value or part of the value of which is credited to such candidate at the ti me of counting and which is derived from a ballot paper on which a second oi^subsequent preference is recorded for such a candidate;
(f) "surplus" means the number by which the value of the votes of any candidate, original or transferred, exceeds the quota at the time of counting;
(g) "unexhausted T paper" means a ballot paper on i which a further preference is recorded for a continuing candidate.
2. Counting of votes
(1) On the date and at the time and place, appointed; under Returning Officer shall,, for the purpose of counting of v otes in constituency, shall follow the'following steps in the order nnentione rule 32 the respect of a
(a) (i) open only the covers containing the postal ballot papers received by him in accordance with rule 30 and sciedule 7 and shall take out the ballot papers from each cover and shall record the number thereof in a statement; and shall make a separate packet of those ballot papers;
(ii) set aside the covers containing tine ballo received by him in accordance with rule 30 and set respect of which he has taken a decision ur ,der sub clause 3 of schedule 7:
: papers not edule 7 or in clause (3) of
Provided the Returning Officer sha ll allow the candidates or their authorized representatives present at the counting a reasonable opportunity to inspect the cove :rs containing the ballot papers received by post for satisfying ther nselves that they are in order but shall not allow them to handle tl nose covers.
(b) allow the candidates and their auth orised representatives, present at the counting, an opportunit y to inspect the ballot boxes and packets received from the r olling officers and their seals for satisfying themselves that they are in order; and
(c) proceed as follows
(i) If he is satisfied that the ballot be >xes and packets which have been received are in order, he shalljtake up the counting of the ballot papers contained in the ballot b oxes.
i [<H?I1—^FS-3(i)] : 3TCTTNTC'JT 119 ' , ' (ii) If he finds any of the ballot boxes has been tampered with he shall not count the ballot papers contained in such box^ ;
for the purposes of election and keep a record of such ballot ;
papers separately. |
(iii) The ballot boxes found to be in order shall be opendd ;
and the ballot papers shall be taken out from them and, shall be 1 counted and the number thereof recorded in a statement. .'To. !
these shall be added the postal ballot papers taken into | consideration under sub-clause (l)(a). I
(iv) The ballot papers shall be examined and any invalid ballot papers shall be rejected. i
(v) Before rejecting any. ballot paper, the Returning Officer shall allow each candidate or his representative present a reasonable opportunity to inspect the ballot paper but shall not j allow him to physically touch or handle it or any other ballot i paper. !
' .. i
(vi) The Returning Officer shall endorse on every ballot paper i which he rejects the woFd "Rejected" and the grounds of rejection in abbreviated form either in his own hand or by means of rubber stamp and shall initial such endorsement. 1 I 1
(vii) All ballot papers rejected under this rule shall be bundled I together. z j
(viii) . He shad divide the remaining ballot papers into parcels | according,to the first preferences recorded for each candidate. I ij
(ix) He shall then count the number of papers in each parcel. ,
(2) In complying with clauses hereinafter enacted, the Returning Officer shall - ,' . J 1
(a) disregard ali fractions; and . < .*’ • (b) . ignore all preferences recorded for candidates already elected or | excluded from the poll. 1 I
(3) For the purpose of facilitating the processes specified in the sub-clauses hereinafter enacted, each valid paper shall be deemed to be of the value of one hundred.
(4) The Returning Officer shall add together the values of the papers in ali ! ' the parcels and divide the total by a number exceeding by one the number of j vacancies to be filled and the quotient increased by one shall be the number ■ sufficient to secure the return of a candidate (hereinafter called the quota). 7 !
(5) If at any time, a number of candidates equal to the number of persdns ! ;
' to be elected has obtained the quota, such candidates shall be treated as ;
elected, and no further steps shall be taken. j 120 THE GAZETTE OF INDIA: EXTRAORDINARY [Part II—Sec. 3(i)]
(6) 0) (")
(iii)
(7) (i)
(ii) Any candidate, the value of whose parcel, on the first preference being counted is equal to or greater than the quota, shall be declared elected.
If the value of the papers in any such parcel is equal to the quota, the papers shall be set aside as finally dealt with;
If the value of the papers in any such parcel is greater than the quota, the' surplus shall be transferred to the (continuing candidates indicated on the voting papers as next in trie order of the voters' preference, in the manner specified in the following sub-clause.
If and when, as the result.of any operation specified in these sub-clauses a candidate has a surplus, that surplus shall be transferred in accordance with the provisions of this siib-clause.
■ j i ■ | If more than one candidate has a surplus, the largest surplus shall be dealt with first and the others in order of magnitude.
Provided that every surplus arising on the first counting of votes, shall be dealt with before those arising on t count and so on.
he second
(iii) Where two or more surpluses are equal, the Returning,Officer shall decide, as hereinafter provided, which shall first be dealt with.
(iv)(a) If the surplus of any candidate to be transferred arises from only the original votes, the Returning Officer shall examine all the - papers in the parcel belonging to the candidate whose] surplus is to be transferred, and divide the unexhausted papers into sub parcels according, to the next preferences recorded thereon. He shall also make a separate sub-parcel of the exhausted papers.
(b) He shat) ascertain the value of the papers in each sub-parcel and of all the unexhausted papers.
(c) if the value of the unexhausted papers is equal to or less than the surplus;, he shall transfer all the unexhausted papers, at the value at which they were received by the candidate whose surplus is being transferred.
■ ? -
(d) If the value of the unexhausted papers is greater than the surplus, he shall transfer the sub-parcel of unexhausted papers, and the value at which each paper shall be transferred .shall be ascertained by dividing the surplus by- the total .n ' unexhausted papers. i umber of If the surplus of any candidate to be transferred arises from transferred as well as original votes, the Returning Officer shall re-examine all the papers; in the sub-parcel last transferred to XX
(v) 12111—7^30)3 the candidate, and divide the unexhausted papers into sub parcels according to the next preferences recorded thereon. He shall thereupon deal with the sub-parcels in the same manner as is provided in the case of the sub-parcels referred to in item (iv) of this sub-clause.
(vi) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate.
(vii) All papers in the parcel or sub-parcel of an elected candidate not > transferred under this sub-rule shall be set aside as finally dealt with.
(8) (i) If after all surpluses have been transferred, as hereinbefore directed, less than the number of candidates required has been elected, the Returning Officer shall exclude from the poll the candidate lowest on the poll and shall distribute his unexhausted papers among the continuing candidates according to the next * preferences recorded thereon. Any exhausted papers shall be set aside as finally dealt with
(ii) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each paper being one hundred.
(iii) The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which and at the value of which he obtained them.J
(iv) Each of such transfers shall be deemed to be a separate transfer,
(v) The process directed by this sub-clause shall be repeated on the successive exclusions, one after another, of the candidates lowest on the poll until the last vacancy is filled either by the election of a candidate with the quota or as hereinafter provided.
(9) If as the result of a transfer under this clause, the value of the votes obtained by a candidate is equal to or greater than the quota, then transfer proceeding shall, be completed, but no further papers shall be transferred to him.
(10) (i) If after the completion of any transfer under this clause, the value of the votes of any candidate shall be equal to or greater - than the quota, he shall be declared elected. • „
(ii) If the value of the votes of any such candidate shall be equal to the quota, the whole of the papers on which such votes are recorded shall be set aside as finally dealt with.
(iii) If the value of the votes of any such candidate shall be greater than the quota, his surplus shall thereupon be distributed in the 122 THE GAZETTE OF INDIA: EXTRAORDINARY
(11) (0 [RlKtII—Sec. 3^ manner hereinbefore provided before the exclusion of any candidate. . . ' other When the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the candidates shall be declared elected.
When only one vacancy remains unfilled and the value 6f the votes of some one,continuing candidate exceeds the total value of all the votes of the other continuing candidates, together with any surplus not transferred, that candidate shall be declared elected. > I When only one vacancy remains unfilled and there are only two continuing candidates, and those two candidates have each the same value of votes and no surplus remains capable of transfer, one candidate shall be declared excluded under the next succeeding sub-clause and the other declared elected.
(12) Ir, when there is more than one surplus to distribute, two. or surpluses are equal, or if at any time it becomes necessary to exclude a candidate and two or more candidates have the same values of votes and are lowest on the poll, regard shall be had to the original votes of each candidate, and the candidate for whom fewest original votes are recorded shall have his surplus first distributed, or shall be first excluded as the case may be. If the values of their, original votes are equal, the Returning Officer shall decide by lot which candidate shall have his surolus distributed or be excluded.
Procedure in case of a tie
(1) wnere arcer counting ot votes, a tie is found to exist between candidates and the addition of one vote shall entitle any of those candidates to bei declared elected, then the person who has received larger number of first preference votes shall be considered to have received an additional vote and shall be declared to be dulv elected. I ) it it is not possioie to aeciare a candidate elected even after operation of suthdause (1) then lots’shall be drawn between the candidates in a tie and the successful candidate shall be considered to have received an additional and shall be declared to be duly elected.
4 Provision for re-counts i continuing (») (Hi) more 3, any vote * Any candidate or, in his absence his authorized , representative may, at any lime during the counting of the votes either before the commencement or after the completion of any transfer of votes (whether surplus or otherwise) request the Returning Officer to re-examine and re-count the papers of all or any candidates (not being papers set aside at any previous transfer as finally dealt with) along with reasons for asking sufch a recount,, and the Returning Officer may re-examine and re-count the same if he finds that the reasons given are sufficient for having a recount: r ' Proviaed that such a recount should oe restricted to only the immediately Devious count 1 • ■ . ,
Provided further that, recount shall be done only once at end of any round of °°Unt ; . [F.No. 5/27/2006-C. L.-V] f JITESH KHOSLA, Jt Secy.
Printed by the Manager, Govt, of India Press, Ring Road,. Mayapuri, New Delhi-110064 and Published, by the ^Controller of Publications, Delhi-1100 54.
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