. (PR)33 (PR)34 (PR)38 (PR)39 (PR)36 (PR)37 (PR)44 (PR)44, , M, P.P/iNCHA,YAT NIRVACHANNlYM4; J~95. List of Voters
3. Matters to be' taken into consideration in formation of wards. . .
4. Powers of Collector to determine reserved seats for wards. . .
5. Matters to be taken Into consideration In formation of constituencies of Janpad Panchayat and Zila Panchayat. . .
6. Reservation of Constituencies . . _. CliAPfERIII - Res~~ati~~()f-S~~tf()~S~~~n~h
7. Determination of reserved seats for Sarpanch .
8. Assistance in the matter of reservation . CHAPTERlV THE MADHYA PRADESlil>ANCHAYAT NIRVAGHAN NlYAM, 1995 . . " " "\ . " - CONiENT.S
CHAPTER! Preliminary . • Page Nos.
1. Short title and commencement. -................ (PR)32
2. Definitions. (PR)32
CHAPTER II Formation of Wards and Constituencies and Reservation (PR)28
9. Preparation of voters list.............................................. (PR)40
10. Publication of voters list for Inviting claldls and objections. ...............................................• _.,... WR.r40._ .._.__ ._.-- l1.--CtalIiiS aria -ObJecB.ons.-.-.-.-.-.-.-.-.-..-.~.-.-:::::.-.: ::: :.: ~.....(pR)40
12. Disposal of clalms and obJecllons. (PR)41'
13. Inspection and issue of cerllfted copies. .•..................... (PR)42
14. Duratlonofvoters list and Its revision. {PR)42
15. FInallsation of Voters list ;.................................... (PR)42' 15-A Deletion of entries In the voters !lst In certaln cases.... (PR)42
16. Custody and destruction of papers. (PR)43
CHAPTER V .-. . .""?''''. -~~.J!$tj.Qn '. J."~;>'~-. __ .'"_~ ~~. "". _"., ., '. _ . . J-7,-Gfficers-andsta1Hor condUCtinge1ecWns ..~;~;.:;::.-.-;-:.-:;:--:(PRf43--'- .' J;J.-A. ~~~ .QLv.eblcle8etc"JiJr.FlIBChyat~ptir- . , po:ses. . ~ ;....... (PR)4'3 '-
17.B: Payment of compensation. (PR)44. 17-C. Manner of serv1iJ.gorder on requisilloil- of vehicles, vessels and animals. . . 17-D. Penalty for contravention of any order regarding . • • • : ;,;"" t " ;, . '. " . ;,' M. P. PANClIAYAT NIRVACHAN NIYAM, 1995 (PR)29 Comn1issio.ri'S','power to issue General or Special orders or directions. . , ~ , . District EleCtion Officer and Deputy'District Election Officer. . . Observers. . . Appointment of Returning Officer. . Appointment of Assistant Returning Officer . General duty of Returning Officer . Polling Stations. . . Appointment of Presiding and Polling Officers . General duty of Presiding Oiflcer . Duty of a Polling Officer. . Control of District Election Officer . Returning officer, Presiding oiflcer, etc. deemed to be on deputation to Election Commission . CHAITERVI Conduct of Election (PR)44 (PR)45 (PR)45 (PR)45 (PR)46 (PR)46 (PR)46 (PR)47 (PR)47 (PR)47 (PR)47 (PR)48 (PH)58 (PR)57 (PR)58 (PR)58 (PR) 59 -cases. --------- ---------- .:.--;.-;--.-;.-;:..- -:-.;-.-, -,; . Withdrawal of candidature . Preparation of list of contesting candidates . Allotment of Symbols for election . Publication of list of contesting candidates . Stay on elections in certain cases . CHAPTERVII . Candidaiesand their A~ents
41. Appointment of election agent and retocatlon of such appointment. . .
42.' Apptiihtinent of polling agent. :: : : :: .
43. Appointment of counting agent .
44. Revocation of the appointment or dealh of polli.1lg agent. . . .' .45. Revocatillll <lithe nppoinllllent or death of the counting agent. . .
28.
29. 29-A. .,'
30.
31. 31-A.
32.
33.
34.
35.
36.
37.
38.
39.
40. 40-A. General Procedure of Election
46. Death of candidate before poll .
47. Uncontested Eiections .
48. Contested Eiections. .. .
CHAPTER IX Poll and Voting for Election
49. Manner of voting at election .
50. Ballot Box. .. .
50A. Voting Machine at Elections .
51. Form of ballot paper .
52. Arrangement at the polling station .
53. Notice at the poillng station .
54. Admission to polling station .
55. Ballot boxes to be locked and sealed before the commencement of poll. . .
56. Facilities for women voters .
57. Identification of voters .
58. Challenging of identity .
59. Safeguards against personation .
60. Issue of ballot paper .
61. Voting procedure. .. .
62. Recording of vote by blind or infmn voter. .
63. Spoiled and returned ballot papers and ballot papers found out side ballot boxes .
64. Tendered votes. .. .
65. Closing of poll. .
66. Sealing of ballot boxes after poll .
67. Account of ballot papers .
68. Sealing of other packets .
69. Delivery of ballot boxes. packets etc. to the Returning Officer. . .
70. Adjournment of poll in emergency .
71. Recommencement of adjourned poll .
72. Fresh poll in case of destruction, tempering etc. of ballot boxes or due to procedural irregulartty .
CHAPTER IX-A Voting By Voting Machines
72A. Design of voting machines .......•..• " •.•............................ ?2B. j'rep'4:"HrlU of YQtlnglJlacbine by the..Returning . Officer. • .. .
72C. Arrangements at the poll!pg statlQVs .
72D. Admissioido polling station .
72E. Preparation of voting machine for poll .
72F. Facilities for women electoI:.S .
72G. Identification of electors :-co.•....................................
72H. Challenging of Identity .. ;.: )", .
721. Safeguards against wrongfully personation . v- -'.~!\'I • I'" (PR)30 . . M. P. PANCHAYAT NIRVACHAN NIYAM, 1995
CHAPTER VIII (PR)59 (PR)60 (PR)60 (PR)60 (PR)60 (PR)60 (PR)60 (PR)61 (PR)61 (PR)61 (PR)61 (PR)62 (PR)62 (PR)62 (PR)63 (PR)63 (PR)64 (PR)64 (PR)64 (PR)64 (PR)65 (PR)65 (PR)65 (PR)66 (PR)66 (PR)66 (PR)67 (PR)67 (PR)68 (PR)68 iPR)68 (PR)69 (PR)69 (PR)69 (PR)69 (PR)70 (PR)70 . "
72..1.
72K. l 72L. ) 72M. ) 72N.
720.
72P.
72Q.
72R.
72S.
72T.
72U. . . M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 Procedure for Voting by Voting MacWnes . . Maintenance of Secrecy of Voting by electors w1tWn the Polling Station and Voting Procedures . Recording of Votes of Blind or Infirm Electors . Tendered votes. . . Presiding Officer's entry in the voting compartment dUring poll. . Closing the poll. . Account ofyotes recorded . Sealing of voting macWne after poll . Sealing of other packets : . T:ransmlssion of voting ni.acWnes etc. to the Returning Officer. . . Procedure of adjournment of poll . Closing of voting machIne In case of booth capturing ..
CHAPTER X (PRl31 (PRj71 (PR)71 (PR)71 (PRj72 (PR)72 (PR}72 (PR}73 (PR)73 (PR}73 (PRj73 (PRj73 (PR)73 •• (PR)81 (PRj81- (PR)77 (PRj77 (PR)77 (PR)77 (PR) 77
73.
74.
75.
76.
77. ,,"' 77A.
77B.
77C. 78-
79.
80.
81.
82.
83.
84. Counting of Votes Supervision of counting of votes. (PRj 74 Admission to the place fixed for counting. (PR) 74 Scrutiny and opening of ballot boxes. (PR)74 Scrutiny and rejection of ballot papers. (PR)74 CouPtlrlK ()f votes. .. "................... ..(PRJ 76..._ .. _ Scrutliiyand liispectlon 'or-votiiig madilne'S: -.... ::..:::..... - lPR)76...... - Counting of votes when ElectroniC Voting Machine are used. . : . Sealing of voting machines : . Counting tb be cont~nuous : . Re-commencement of counting after fresh poll . Recount of votes. . . Preparation of return of election and declaration of result. .. . EqUalltyoLvotes - , , co •••••••••••••••••• Grant of certificate of election to the returned can. dldate. (PR)82 Powers of Olstrlct Election Officer to correct clerical or arithmetical mistakes or <:rrors : (PRj82 I ",,, 1 ; \
CHAPTER Xl Miscellaneous \
85. Return or forfeiture of Security deposits. : . . - '86 Ciist~y.'o~-!'~~r;C~a:ffiig!o .:i.:,:~.t~~..:.:: ;, :: .
87.' Prbductlbn and inspectIOn of election papers .
88. OIsposal of Electlon Papers ....•..................................... -89. 'CaSual "acanCiesln Panchayats :.: :.:: : : .
90. Marmer of notifying election .
91. Repeal.' . FORMS . (PRj83 JP~83 (PR)83 (PR)83 (PRi84 (PR)84 (PR}84 (PR)8~ THE MADHYA PRADESH PANCHAYAT NIRVACHAN NIYAM, 1995 , [NotifICation No. B-J-40-95-XXJ[-P-2, dt. 23-[2-[995: Pub. in M.P. Gaz., Ext" dt. 26-[2-[995, p. J2IO(93)].-In exercise of the powers conferred by sub-section (I) of Section 95 read with Section 43 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. I of 1994), the State Goverrnnent hereby makes the followingrules, the same having been previously published. as required by sub-section (3)of Section 95 of the said Act, namely:-' As amended subsequently by the following notifications:- I. No. B-I-40-95-XXII-P.-2, dated 4th February 1998, Pub.in Rajpatra Ext. dated 4-2-1998, p.66(4): .
2. No.F.I-40-95-XX1I-P-2.-Dated 17-2-1999, Pub.in Rajpatra Ext. dated 17-2-1999, p.166(5):
3. No. F.I-40-95-XXII-P-2.-Dt 5-3-1999, Pub.in Rajpatra Ext. dated 5-3-1999, p. 230(1), as corrected by Corrigendum dated 11-3-1999:
4. No. F-I-40-95-XXII-P-2.-Dated 12-4-]999, Pub.in Rajpatra Ext. dated 12-4-1999, p.590 (I):
5. No. F-I-40-XX1I-P-2.-Dated 10-4-2002, Pub,in Rajpatra Ext. dated 11-4-2002, p.354 (2):
6. No. F-I-3-2004-XXII-P-2.-Dated 20-9-2004, Pub.in Rajpatra Ext. dated 20-9-2004, p.774:
7. NQ. F-I-4-2004-XXIl-P-2.-Dated 29-9-2004, Pub.in Rajpatra Ext. dated 29-9-2004, p.806:
8. No. F-I-6-2004-XXII-P-2.-Dated 22-12-2004, Pub.in R'\jpatra Ext. dated 22-12-2004, p.1132:
9. No. F-2-1-2012-XXII-P-2,-Dated 21-9-2012, Pub.in Rajpatra Ext. dated 21-9-2012, p.818:
10. No. F-2-1-2014-XXII-P-2,-Dated 10-3-2014, Pub.in ~patra Ext. dated 10-3-2014, p.266: II. No. F-2-1-2014-XXII-P-2,-Dated 25-3-2014, Pub.ln Rajpatra Ext. dated 25-3-2014, p.318{7J:
12. No. F-2-1-2014-XXII-P-2,-Dated 28-4-2014, Pub.in Rajpatra Ext. dated 28-4-2014, p.382: and
13. Notfn. dt. 26-6-14, pub. in M.P. Gaz. Ext., dt. 26-6-14, pg. 502(25).
Note:-In the footnotes appearing hereinafter the amending notifications are referred to by serial No. as given to them above.
CHAPTER I - PRELIMINARY
1. Short title and commencement._(I) fhese rules may be called the M>tdhyaPradesh ntrchaylrt NrMchan.,'Nlyam, 1995. 12) They shall Come intd force with effect from the date of their publication in the "Madhya Pradesh Gazette".
2. Definitions. -In these rules unless the context otherwise requires,-
(a) "Act"means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. I of 1994):
(b) "Appellate Authority" means the officer designated by the State Election Commission as Appellate Authority in consultation wilh the State Government 10 hear appeals under these rules: (PRJ32 M. P. PANCHAYAT NIRV,ICHAN NIYAM, 1995 Rl • • .. .. • • 1 .' . I". 'f. 'y h It d ----------------- - .._--. I Subs. by NO.1(4-2-199Bl 2 SUDs..bv 1\1~ "J ..;-H1;:J~J. (PR)33M. P. PANCHAYAT NIRVACHAN NlYAM, 1995R.3
(c) "Commission" means the Madhya Pradesh State Election.Commission constituted under article 243K of the Co'nstltution.
(d) "Constituency" means a Constituency of Janpad Panchayat within the Block and Zila Panchayat within the District; l[(e) "Dismct Election Officer" means the officer appointed by the, State Election Commission as District Election Officer (Panchayat) In consultation with the State Government for preparation of voters list and conduct of elections to Panchayats In a district). (I) "Form" means a form appended to these rules;
(g)"Marked copy of the voters' list" means the copy of the voters' list set apart for the purpose of marking the names of voters. to whom ballot papers are Issued at an election;
(h) "Registration Officer" means the Electoral Registration Officer appointed by State Election Commission. in consultation with the State Government for registration of voters' for election to Panchayats In a district and includes an Assistant Electoral Registration Officer; (I) "Returning Officer" means Returning Officer (Panchayat) appointed by the State Election Commission, or when so .authorised by the State Election Commission, by the District Election Officer as a Returning Officer for election to any Panchayat;, _, c."..... ... .. . - . 0) "Voters' List" means the electoral roll or the list of voters of a ward Or constituency of a Panchayat;
(k) "Village"means a village as specified under Section 3 of ille A<'1:
(1)"Ward" means the ward of a village.
CHAPTER II FORMATIONOF WARDSANDCONSTITUENCIES AND RESERVATION
3. Matters to be taken Into consideration In formation of wards,- 2((1) A "Village" shali be diVided Into wards in accorda.nce with the provisions of Section 12 of the Act. on the following events.- >
(a) During the first election; or
(b) in case limits of "Village" Is altered by Including therein any local area in the vicinity thereof or excluding therefrom any local area comprised therein; or (clA.tthe Interval of every ten years, If th~ ratio between the population ofGram Panchayat area and number ofwards is distorted In such a manner that1Us'Ilot1Jrl1ettcableto']j'e tlre-sarne as 1t Is throughout the block]. . (2)Where there are mo,.ethall one ward Ina. village,the'Collectorshall, form each ward so as to conform, as far as possible, to the order In which the houses ofthe .voters fall In consecutive-order.
(3) Each ward shall be assigned a separate serial number.
(4)The wards formed under this rule shall be notified by the Collector by alfIxing a statement thereof on the notice Board of the Collector's ,"'.' ., ;, • I I r a t. d 1 -Ins. by No.3 [5-3-1999]. 2 Added by No.4 [12-4-1999). 3 Subs. by NO.4 (12-4-1999). as well as at a conspicuous place in each village of the Gram Panchayat area.
(5)Any adult Inhabitant of the Gram Panchayat area may, If he objects to anytblng contained in statement affIXedunder sub-rule (4), submit hIs objection In writing to tbe Collector within five days from the date of tbe affIXture of tbe statement.
(6)On receipt of the objections, Ifany, tbe Collector shall hold a summary inquiry into every objection and shall record his decision tbereon.
(7)The Collector shall tbereafter amend tbe statement according tolrls decision tbe number of wards and seats reserved for tbe members of scheduled castes, scheduled trIbes, otber backward classes and for women and they shall be finally notified by him in tbe manner prescribed in sub-rule (4). 1[(8)Once the number of wards and their area is determined by tbe Collector, in the manner prescribed In sub-rules (1) to (7), the number of wards and their area shall remain the same in subsequent elections. unless any of the events mentioned in sub- rule (I) happens and In subsequent elections, tbe Collector shall notify and publish a statement of wards and the area thereof number of wards reseIVed for Scheduled Castes, Scheduled Tribes, Otber Backward Classes and women in tbe manner prescribed in sub- rule (4).1
4. Powers of Collector to determine reserved seats for wards.-(l) Subject to tbe provisions ofSection 13. tbe ward or wards in which seats shall be reserved for women and tbe members of tbe Scheduled castes or Scheduled. tribes or other backward classes shall be deternitnect 'by the Collector: 2[Provided that in Scheduled areas tbe seats for Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be reserved In accordance with Lheprovisions of Section 129-E oftbe Act.]
(2) The total number of seats to be reserved for tbe members of scheduled castes or scheduled tribes shall be in proportion to the total populatIon of such caste and irtbe witb the total population of the Gram Panchayat area. Fraction less tban half shall be Ignored and half and more than half shall-be counted as one., , 3[(3)Seats reserved eltber for tbe Scheduled Castes or tbe Scheduled Tribes shall as far as practicable, be allotted In the wards in which the percentage of population of tbe Scheduled Castes or the Scheduled Tribes, as the case may be, worked out by tbe Collector Is found by him to be correspondingly higher In descending number:
Provided that in Scheduled areas, at first instance, reservation of seats for Scheduled Tribes shall be determIned in accordance witb tbe provision pf ,sub-rJ,!JeJ3), ('nd if ,any ~J:1orj:f!\ILre.~,,;!'s. remalnder seats shall be reserved for Scheduled Tribes by drawing',of lots and by rotation]. , - ' (4) In a Gr,m; Panchayatwhere fifty per cent or less tban fifty per cent wards have been reserved botb for the scheduled castes and for scheduled ,trIbes, twenty ftve per cent of tlie total number of seats shall be reserved (PR)34 M. P. PANCHAYATNIRVACHAN NlYAM, 1995 R.4 • • • • •• • •• R.4 M. P.PANCHAYAT NIRVACHANNlYAM, 1995 (PR)35 , for other backward classes and such seats shall be allotted by the Collector in the wards excluding the wards' reserved for the scheduled castes and the scheduled tribes by rotation and drawing of lots: ' I[Provided that in Gram Panchayat in Scheduled areas, such number of seats shall be reserved for persons' belonging to Other Backward Classes, which together with the seats, already reserved for Scheduled Castes, and Scheduled Tribes if any, shall not exceed three fourths of all the seats in that Gram Panchayat, by rotation and drawing oflots.]
(5) Out of. the wards reserved for women in accordance with subsection (5) of Section 13 number of wards shall be reserved for women of scheduled castes or scheduled tribes and/or other backward classes as may bear, as nearly as may be, the same proportion to the total number of seats reserved for women as the total number of wards reserved for scheduled castes or scheduled tribes and/ or other backward classes bear to the total number of wards in the Gram Panchayat area. Seats for women belonging to scheduled castes, scheduled tribes and/or other backward classes shall be allotted from out of the wards reserved for scheduled castes and/or scheduled tribes and/or other backward classes under sub-rule (3) and under sub-rule (4). Seats belonging to women of general category be allotted from out of the remaining wards,
(6) (a) The prescribed authority shall, for the purpose of fixing the wards in which seats shall be allotted, under sub-rules 2[xxxl (4) and (5) draw 10Esseparately for the wards reserved for 3[x x xl other backward classes and fOf-women. -- --- ------- - -, --- -------------.,------------- --- ..--- _.- -_. __ _--
(b) For the purpose of allotting wards the prescribed authority shall publish a notice at a conspicuous place at the headquarter of the concerned gram panchayat stating that the lots shall be drawn In the office to be named in such notice and on the date and at the time specified therein before the persons who are present to witness the drawal of lots.
(c)For the purposes of allotment ofwards for women separate chits shall be prepared. for general wards and wards reserved for scheduled castes and/or scheduled tribes and/or other backward classes giving the individual number of wards on each of such chit. All the chits meant for general wards shall be kept in one-pot and those chits for reserved wards shall be kept in separate pot/pots, As many chits as are required for allotment of seats for women of general category shall be drawn out and the number of wards written on the chits, shall be read out before the persons witnessing the draw. Similar procedure shall be adopted for drawing chits from the pots meant for allotment ofwards forwomen belonging to scheduled castes, scheduled tribes and/or other backward classes.
(d) The proceedings shall be recorded In,writing and signed by the prescribed authority. Signatures of atleast two non-official persons witn1;sslfig-tire drawll1-of lots's!rall 1I1sobe lYbtalded 'on proceedings. Their names and addresses shall be written below their signatures. 4[(e) For the categories of seats which are to be reserved by drawing -lots and. by rotation, In subsequent general election of Gram Panchayat, 1 Added by NO.4 [12-4-1999J. 2 Omitted by No.4112-4-1999J. 3 Omitted by No.4 112-4-1999]. 4 Subs. by No.4 [12-4-19991. the wards previously reserved shall be excluded from draWing.lots, for that category till all such wards are exhaustedl.
5. Matters to be taken into consideration in formation of constituencies of Janpad Panchayat and Zila Panchayat.-1[(1) A 'Block' and a 'Dishiet' shall be divided into constituencies in accordance with the provision of section 23 and section 30- respectively. on the following events,-
(a) During the first election; or
(b) In case limits of 'Block' or 'District' as the case may be, altered by including therein any local area in the vicinity thereof or by excluding therefrom any local area comprised therein; or
(c) If ration between the population of each constituency and the number of seat allotted to it, is practicable not to be throughout the panchayat areal.
(2)The. population of each constituency shall as far as possible be the SaIIle.
(3) A village in any constituency shall be completely included and all the villages included in a constituency shall as far as practicable be In consecutive order.
(4) Every constituency of Janpad Panchayat and Zila Panchayat shall I be assigned a serial number in the name of Janpad Panchayat and Zila Panchayat as the case may be.
(5)The constituencies formed under this rule shall, With their description be notified by affixing a statement as fo1l9WS:-
(i) On the notice board of the Collector's Office.
(ii) On the notice board of office of Zila Panchayat.
(iii) On the notice board of Block Development Office. (Iv) On the notice board of Janpad Panchayat Office.
(v) On the notice board of Tahsildar's Office.
(6)Any adult inhabitant may, ifhe objects to anything contained in the statement affixed under sub-rule (5) submit his objection in writing to the Collector Within seven days from the date of affixture of the statement.
(7) On receiving the objection; if any, the Collector Bhall hold a summary enquiry into every objection and shall record In writing his decision thereon.
(8)The Collector shall thereafter amend the statement according to his decision and determine the number Qf constituencies and seats reserved for the members of the scheduled castes, scheduled tribes, other backward classes and women and they shall be finally notified by him In the manner prescribed in sub-rule (5).. 21(9) Once the number of constituencies and their area is determined by the Collector, in lhe manner prescI1bed lr",bove sub-rules, the number tlf Constituencies and their area sliall reniaIn thi, same In .SuDsequent elections,. unless any of the events mentioned In sub-rule (I) happens and In subsequent elections, Collector shall notify and publish a statement of constituencies and their area and number of constituencies reserved for Scheduled Castes, Scheduled Tribes, Other Backward Classes and 1 Subs. by No.3 [5-3-19991. 2 Ins. by No.3 (5-3-1999[. (PR)36 • M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 R.5 • ; t I,,, , I I , ,~ I \ ,, .~,' R. 6 M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 (PR)37 Women In the manner prescrtbed In sub-rule (5).] 6, Reservation of Constltuencles.-(l) Subject to Ihe provisions of Section 23 In the case ofJanpad Panchayal and Section 30 In case ofZlla Panchayat, the constituencies In wWch seats shall be reserved for Ihe members of scheduled castes, scheduled trtbes, other backward classes and women shall be determined: I(Provldedthat In the Scheduled areas the seats for Scheduled Castes, Scheduled TrIbes and Other Backward Classes shall be reserved In accordance wlth the provision of Section 129-E of the Act.j
(2)The total number of seats to be reserved for scheduled castes, or scheduled tribes shall be in proportion to the total population of such caste and trtbe wlth the total population of Janpad Panchayat or Zila Panchayat as the case may be. Fraction less than half shall be Ignored and half or more than half shall be counted as one. 2[(3) Seats reserved either for the Scheduled Castes or the ~heduled nibes shall, as far as practicable, be allotted in the constituencies in which the percentage of population of the Scheduled Castes or the Scheduled TrIbes, as the case may be, worked out by the Collector is found by him to be correspondingly higher in descending number:
Provided that in Scheduled areas, at fIrst Instance, reservation of seats for Scheduled Tribes shall be detenninen in accordance with the provisions of sub-rule (3) and if any short fall remains, remainder seats reserved for Scheduled TrIbes sh.altbe determlned,bydrawing of1otsandby.rotatiQo]:', c~
(4)In a Janpad and ZilaPanchayat where fIftyper cent or less than fIfty per cent seats have been reserved for scheduled castes-and scheduled trtbes. twenty fIveper cent of the total number of seats shall be reserved for other backward classes and such seats shall be allottedby the PrescrtbedAuthortty in the constituencies excluding the constituencies resenred for the Scheduled Castes and Scheduled nibes by rotation and drawal of lots: 3[ProviSOthat In a ZllaPanchayat or Janpad Panchayat, as the case may be, in Scheduled Areas such number of seats shall be reserved for persons belongingto Other BackwardClasses,wWchtogetherwlth the seats, already reserved for Scheduled Castes<lIld'Scheduled1'rtbes,ifany, 'shall not-exceed three fourth of all the seats in Scheduled areas of that Zila Panchayat or Janpad Panchayat, as the case may be, by rotation and drawing of lots.j
(5) Out of the constituencies reserved for women under section 23 in. case of Janpad Panchayat and Section 30 In case of Zlla Panchayat, such number of constituencies shall be reserved for women belonging to scheduled castes, scheduled trtbes and/ or other backward classes as may bear, as nearly as may be, the same proportion to the total number of constituencies reserved forwomen as the total number of seats reserved ..for' scheduled .castes~ scheduied 'tribes and/or other backward classes '"--t'-eal"sf01:neJotariUimoei'drcorfsllfUenCfes'in""Jartpad Panchayat or Zila Panchayat as the case may be. Seats for women belonging to scheduled 'eastes,-scheduled trtbes and/or other-bae1<lvardclasses shall'be allotted from out of the constituencies reserved for such castes, tribes, and/or 1 Ins. by No.4 112-4-19991. 2 Subs. by NO.4 112-4-19991. 3 Ins. by NO.4 112-4-19991. I 1 Omitted by No.4 [12-4-1999]. 2 Omitted by No.4 [12-4-1999]. 3 Subs.by No.4 [12-4-19991. 4 Subs. for 'Seat' by No.4 [12-4-19991. 5 Ins. by NO.4 [12-4-1999]. R.7M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 , backward classes. Seats belonging to women of general category shall b(2 allotted from the remaining constituencies.
(6) (al The prescribed authority shali, for the purpose of fIxing th, constituencies in which seats shall be allotted under sub- rul~ '[xxxi (4) and (5) draw lots separately for the constituencie~ reserved for 2[X x xl other backward classes and for women.
(b) The prescribed authority shall, for the purpose of allotting th, constituencies, publish a notice stating that the lots shall b, drawn in the office to be named in such notice and on the dat, and at the time specified therein before the persons who ar, present to witness the drawal of lots. Such notice shall b, published at the places specifIed in sub-rule [5) of rule 5.
(c) For the purpose of allotting the constituencies for women separate chits shall be prepared for general constituencies ane constituencies reserved for Scheduled Castes, Scheduled Tribe~ and/ or other backward classes, giving the number of constituencies on each such chit. Chits of each of such eategOIYshall be kep' in separate pots and such nUmbf'T of chit') shall be drawn fron each pot as may be required for women belonging to that categoI) and the number of constituencies WIitten on the chit shall be reac out before the persons witnessing the draw. [d) T~,eproceeding shall be recorded in writing and signed by th, presenbed-authority. Signatures of aUeast two han-officIal persons witnessing the drawal of lots shall also be obtained or. such proceeding. Their names and addresses shall be writter below their signatures. 3[(e) For the categories of seats which are to hp rcscrveu by drawing 0, lots and by rotation. iTl ~"~~::-=tllent general election of 211<: Panchayat roo ; ....•~~dQPanchayat, as the case may be, the can. '~L.it:nCles previously reserved shall be excluded from drawin~ lots, for that category till such constituencies are not exhausted]
CHAPTER III RESERVATIONOF '[POSTI FOR SARPANCH
7. Determination of reserved seats for Sarpanch.-(l) Th~ Panchayats in which seats shall be reserved for Scheduled Castes Scheduled Tribes, Other Backward Classes and Women as Sarpanch 0 the Gram Panchayats in accordance with the provisions of Section 17 fOli Gram Panchayats within the Block shall be determined by the prescribee authority: 5[Provided that in the Scheduled area, Lhepost ofSarpanch shall b, reserved 'for Scheduled Tribes in aCCOraaJlci &ith the provisions of Sedlar 129-1':of the Act.r '.
(2)The prescribed authority.-(i) shall for the purpose of allotment 0 seats of Sarpanch of Gram Panchayat to Scheduled Castes, Schedulee Tlibes or Backward Classes keep the chits of the names of all Gran (PR)38
8. Assistance in the matter of'reservation.-'The State Government. Director of Panchayat and Social Welfare. Collector and the prescribed authority may.take necessary assistance from their subordinate officers in the matter of formation of wards, reservation an'd allotment of seats. Election of Sarpanch on reserved post.-Election of the respondent to post ofSarpanch against the post reserved for S.T. category was called in question by the election petitioner. Respondent belonged to OBC category and not S.T.lfthe benefits are claimed or enjoyed without entitlement, the same can be enquired into at any point oftime. It is well within the powe.s of-the Election-Tribunal to decide the same, Leelawati .,JJ,Ranhai:JIDl.al, 2011(,4) MP-LJ J.31,,_20~2(l)_JLJ 33. Panchayats Within the Block in a pot and draw lots therefrom to the extent necessary for fulfilling the requirement of reservation under 'sub-section
(2) of Section 17 in the folloWipgorder, namely:-
(a) Scheduled Castes;
(b) Scheduled tribes; and
(c) Other Backward Classes, (Ii) shall for the purpose of allotment of seats of Sarpanch of Gram Panchayats to women belonging to Scheduled Castes, Scheduled Trtbes, other Backward Classes and General Category, keep chits bearing the name of the Gram Panchayats reserved for the candidates belonging to Scheduled Castes, Scheduled Trtbes, other Backward Classes and General Category in different pots and draw lots therefrom, to the extent necessary for fulfilling the requirement of reservation for women under sub-section
(3) of Section 17,
(3) For the purpose of drawal of lots a notice in which the place, date and time for draw'll of lots has been described shall be exhibited at least five days before the date of draw'll of lots by the prescribed authority in relation to Gram Panchayat-
(a) on the notice board of Collector's Office:
(b) on the notice board of the office of the Tal1sll Officewithin which the block lies;
(c) on the notice board of the office of concerned Janpad . .. _Panchayat; and ... .._.. ,_ .. _ , (di on the notice board of everyGram PanchayatWtthin thebiock concerned. [4) Proceedings regarding drawal of lots shall be recorded in writing and shall be signed by the Prescribed Authority, Signatures of at least two non-official persons present ",t the time of draw'll of lots shall be obtained and the names and addresses of persons signing on such proceeding shall be written below their signatures. 1[(5) In the subsequent general election of Gram Panchayat, the Gram Panchayat previously reserved shall be excluded from drawal of lots, for thatpartiGular categOly,tillall-such-Gram Panchayat are noLexhaustedJ. __. COMMENTARY ~.7 be he .l1e les he be ,te Ire be ~n. nd ,es n- 'rt.m. 'ry ad he :f- ) m , ., . ,n ! of lla n- 19 " IJ, " Ie s, of )r ,d Ie n )f d n ••• R,8 • •• M, P, PANCHAYAT NIRVACHAN NIYAM, 1995 (PR)39 • •• 1 Subs. by NoAI12-4-1999). • R.9 -"./- ; M. P. PANCHAYAT NIRVACHAN NIYAM, 1995(PR)40
CHAPTER IV LIST OF VOTERS
9. Preparation of voters IIst.-(l) The Commission shall subject to the pro\1sions of Section 5, cause to be prepared in Form-!, ward-Wise list of voters in Hindi wrttten in the Devnagrl Script, for each Gram Panchayat.
(2) The Commission shall appoint. in consultation With the State Government, a Registration Officerfor Panchayats in a district and one or more Assistant Registration Officers, as may be found necessaty to assist the Registration Officer In the preparation of voters' list for Panchayats,
(3) EveryAssistant Registration Officer shall. subject to the control of the Registration Officer,be competent to perform all or any of the functions of the Registration Officer.
1110. Publication of voter's list for Inviting claims and objectlons.- (I) As soon as the voter's list is ready, the Registration Officer shall give a public notice inviting claims for inclusion of names in the list and objections to ar(Yentry therein, in such form as may be prescribed by the Commission and shall get the notice displayed on the notice board in theofficeof:-
(a) Registration Officer, .. (b) Gram Panchayat concerned, and
(c) Janpad Panchayat Withinwhich the Gram Panchayat lies.
(2)The notice under sub-rule (l) shall specif'ythe period during which l and the offices at which objections or claims may be lodged, '. ....•._. - . . . . . ... -
(3) Simuitimeo'usly With the publication of notice under sub-rule (l), the Registration Officer shall make available a copy of the voter's list for inspection of public, free of charge, for a period of at least five days from the day of publication of the notice, during officehours at his office and .at the officeof the Gram Panchayat concerned.
(4) Copy of voter's list may be supplted to any person on payment of such feeas may be fixed by the Commisston by a General or Spectal Orderl. COMMENTARY '.., .". - ., Amendment in voters' Iist.-UlNo amendment is permissible' in voters' list after issuance ofelection notice under Rule 28. As such voters' list cannot be challenged in writ petition after the election is over. KhumanoBai v. State orM.p., 1995MPLJ 67. [2]From the scheme ofRr. 10, 13 and 27, it is clear that after claims and objections are disposed of the voter's list attains finality and no correction, inclusion or exclusion thereafter is permissible. 1995MPLJ 87 Relied on. Anjana Mulkalwar v. State 'lM.P., 1998 (2) JLJ 328.
11. Claims and Objectlons.-(l) Any person, whose name is not entered in the voters' I1st or is entered at an incorrect place or With -incorrect particulars -orany person whose name is entered in the list and who objects to the inclusion of his own name or the name of any person in that list, may prefer a claim or objection by delivering to the Registration , I,, I' , "Ii )1 1 Subs. by No.2 /17-2-19991. i, " I: R. 12 •• M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 (PR)41 Officeran application In writing duly signed not later than 3.0'Clock 111 thc afternoon of the last specified day In the notice under rule 10 and no claim or objection received thereafter shall be entertained.
(2)Every claim or objection shall be preferred In such form as may be prescribed by the Commission and shall eliher be presented to the Registration Officeror to such other Officeras may be nominated by him 'in this behalf.
(3)A clalm or objection may be accompanied by any documents on which the clalmant or objector reUes. COMMENTARY , Amendment in voters' list.- No amendment is permissible in voters' list after issuance ofelection notice under Rule 28.As such voters' list cannot be challenged in writ petition after the election is over. Khumano Bai v. State of M.P., 1995 MPLJ 67.
12. Disposal of claims and objections.-(I) Tlie Reglslration Officer shall. after holding such summary Inquiry Into the claims or objections as he thinks fit, record his decision in writing and shall make available on demand copy of such decision to the objector free of charge forthwith.
(2) No person shall be presented by any legal practitioner In any proceedingunder thisr~~.:__::-_:::_:-_~__ . _~ . _ _..: :.":':. ..._" . -- . - - - - _ ... -- - ... .. .... ... .
(3)The Registration Officer shall amend the voters' list In accordance with his decision.
(4)The voters' list so amended shall subject to decision in appeal, if any, be final and a copy thereof duly signed by the Registration Officer shall be kept in his office and another copy deposited in the office of " Distnct Election Officer.
(5)Anyperson aggneved by the decision ofthe Registration Officermay prefer an appeal to the Appellate Authonty within five days of such decision, Every appeal shall be in such formas may be prescnbed by the Commission"and presented to the Appellate"Aulli6nty-accompaiileowitli~-"----- a copy of the decision of the Registration Officer.The AppellateAuthority, after giving the appellate an opportunity of healing and making such enquiry as it deems fit, shall pass suitable orders expeditiously and in the event of the appeal succeeding, direct the Registration Officer to amend the voters' list to give effect to its decision. The decision of the Appellate Authonty shall be final:
Provided that no amendment shall be carried out in the voters' list accordiIlg to the decis,ionof the APpellateAuthority after the last date and ti~e ~IXed_f~r T~J.<i~llnomi"'l,at:.t9n,sjn .t.he...np1Jc,~l"Sll~<;ll!I!Qnru!e-28and "-beforelhe completlon Of election. COMMENTARY AmcndmenL in voters' list.- No amendment is permissible in voters' list after issuance ofelection notice under Rule 28.As such voters' list cannot be challenged in writ petition after the election is over. Khumano Bai v. State of M.P., 1995 MPLJ 67. Revision of voter's list.-[l] Revision of voter's list can be made when Bye-election or General election is due or when there is a change in limits of village etc. Anjana Mulkalwar v. State of M.P., 1998 (2) JLJ
328. [2] Where voter's list is sought to be revised under sub-rule (2), the provisions of Rr. 8,9 and 10 become applicable. Anjana Mulkalwar v. State of M.P., 1998 (2) JLJ 328. [3] Under sub-rule (2), name of a single voter cannot be modified or deleted. Anjana Mulkalwar v. State of M.P., 1998 (2) JLJ 328.
13. Inspection and issue of certified copies.-(l) Every member of the public shall have the right to inspect the voters' list referred to in sub-rule
(4) of rule 12 on payment of a fee of two .rupees and certified copies of the same may be issued by the Registration Officer to an applicant on payment of the same fees as are prescribed for copies of revenue records.
14. Duration of voters' list and its revision.-(l) The Voters' list referred to in sub-rule (4) of Rule 12 shall remain in force until revised in accordance with sub-rule (2) or sub-rule (3).
(2) Every such list shall be liable io revision by reference to the firsi day of January of the year in which it is so revised- . (1)'before eachgenerjl:l electioIi to'the Panchayafs;"or as;the-case' may be; (Ii) before each bye election to fill a seat in a Panchayat.
(3) Notwithstanding anything contained In sub-rule (2) it shall not be necessary to revise such list before a bye-election, if such bye-election is held during the calendar year in relation to the first day of January whereof the list has been originally prepared: Pr~lVidedthat the Commission may for reasons considered sufficient by tt direct revision of such list before holding a bye-election.
(4) Notwithstanding anything contained in the foregOing provisions. '-r the validity or continued operation of the Voters' list referred to in sub-rule
(4) of rule 12 shaIl not in any way be affected by non -revision of any such list under sub-rule (2) or when so directed by the Commission under I' proviso to sub-rule (3). I!15. FinaIisation of voter's list.-Subject to the provision of rule 15A no correction in any entry of inclusion or deletion of any name shall be made In the voter's list after its finallsation under rule 12:
Provided that clerical, technical or printing error or omission, apparent on the face' ,,(llie' recora. 'regartlilig;a 'lBter may be corrected by the '~egistration .officer at any time before the last date and time fixed for making nomination under rule 281. 2[ 15A. Deletion of entries in the voters list in certain cases.- (1) If the Registration Officer on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit. that the name of any person in the voter's list of a Panchayat after its finalisation under rule 12 should be deleted on the ground that the person concerned is registered in the I Subs. by NO.114-2-19981. 2 Ins. by NO.114-2-19981. I, '1I '. ;1 ••« 1,-- • .- (PR)42 M. P. PANCHAYAT N1RVACHAN NIYAM, 1995 R.13 I ! I R. 17.A .. .. M. P. PANCHAYATNIRVACHAN NIYAM, 1995 (PR)43 r r ,,, t t 1 t e s V t " e 1 r \ e .t r .-1 •If >,'. <, 1 j e I voter's list of any other Panchayat or of any Municipality, the Registration Officer shall. subject to such general or special direction, if any, as-may be given by the Commission in this behalf, delete the entry:
Provided that before taking any action In this behalf, the Registration Officer shall give the person concerned reasonable opportunity of being heard in respect of the action proposed to be taken In relation to him.
(2) No deletion of any entry shall be made under sub-rule (1) after the last date fixed for making nomination in the notice Issued under rule 28 for the election In that ward or in the constituency of any Panchayat within which that ward Is comprised and before the completion of that election.
(3) The Registration Officer shall record In wrtting the reasons for his decision to delete an entry under sub-rule (1) and shall make available, on demand, a copy of such decision to the person concerned free of charge, forthwith. •
(4) Any person aggrieved by the decision of the Registration Officer under sub:rule (1) may prefer an appeal to the District Election Officer within fifteen days of such decision.
(5) The District Election Officer "Her giving the appellant an opportunity of hearing and making such enquiry as he deems fit, shall pass suitahlp- order on the appeal. The decision of the District Election Officer shall be final.]
1116.Custody and de~tructlon of papers.-The preliminary voter's list published under ruk 1O,thc,clai-'l1s_andobjections recelved,!1,nderrule n aloL~ with the order of the RegistratiOrlOfficer.or Appellate Atith'ority thereon and the papers relation to the proceedings under rule l5A shall be preserved In the record room of the District Election Officer until after the next revision of the list and shall then be destroyed].
17. Officers and staff for conducting electlons ..(l) The State Government shall, when so requested by the commission make available to the commission such officers and staff as may be necessary for the _discharge of functions conferred on the commission under the Act and these Rules.
(2) All the _OfllceLS_and members of tile, staff appoillted or_(jep'IQ)'e,d.for preparation of voters' list and conduct of election to Panchayats under the act or these Rules shall function under the superintendence, direction and control of the commission. 2[(3) The Commission may assign such duties and functions to the officers and members of staff appointed or deployed under sub- rule (1) and invest them with such powers, in relation to such areas as it may deem necessaty or consider fit, in relation to conduct of elections and matters connected therewith or incidental thereto.] ~[17'A.Requisition of vehicles etc: for Panchyat election purposes.- ..(1)-The Dlstnct Election Officer may, if -It!appears to him necessary in connection with election under the Madhya Pradesh Panchayat Raj Avam ,GU'Pl~wj,lIaj Adl;1jpJ.yp.m,_J..a93that anyvehicle.yessel or anin1alls needed or Is likely to be needed for the purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for 1 Subs. by No.1 [4-2-19981. 2 Added by No.2 (17-2-1999]. 3 Rule 17-A to l7-D ins. by NO.5 [11-4-20021. maintaining iaw and order during the conduct of such eiection, or transport of any officer or other person for performance of any duties In connection wtth such election, he may by order in writing requisite such vehicle, vessei or animal and may make such further orders as may appear to him to be necessary aIld expedient in connection wtth such requisition,
(2) Such requisition shaii be effected by an order In writing addressed to the person deemed by the District Election Officer to be the Owner .or person In possession of the properly and such order shall be served on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-rule (1) the period of such requisition shall not extend beyond the period for which such properly is required for any of the purposes mentioned in sub-rule (I).
Explanation. -For the purposes of this rule "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwtse. 17-B. Payment of compensation.-Whenever is' pursuance of rule 17-A any vehicle, vessel or animal is requisitioned, there shall be paid to the owner thereof compensation, the amount of which shall be determined by the District Eleciion Officer on the basis of the rate nxed by the Chief Eleetoral Officer for such vehicle, vessel or animal for the State Assembly Election: . -_PrO'.dded.that any-person_interested,. being.aggrievedbytbb,mourihi[ .... _" compensation determined by District Election Officer. may apply wtthin thirty days from the date of issue of the brder determining the compensation to the Divisional Commissioner for a review. The decision of the Divisional Commissioner shall be final. 17 -C. Manner of serving order on requisition of vehicles, vessels and anlmals.-An order of requisition under 17,A shall be served:-
(a) Where a person to whom such order is addressed is a corporation or firm, in the manner provided for the service of summons In rule 2 of order XXIX or rule 3 of order XXX. as the case may be, in thenrst Schedule'of the CaGe of Civil Proceoure:Tg08- (No, Vof 1908); and
(b) Where a person to whom such order i3 addlc::;u1 III an 1ndividual,-
(i) personallv by de'iverlng or tendering the order, or (iI) by registered post wtth acknowledgement due, or
(iii) if a person cannot be found, by leaving an authentic copy of the order wtth any adult member .of his family, or by "!l.lID1lnlfstl1'lt'oijsoillce Cb\1sp«ou6us part o( the permises An wmch he;s known to' have 'last resided Or earned <on 'business. 'or personally worked for a gain . .17.D. Penalty for contravention of any order regarding. -If any person contravenes any order made under rule 17-A he shall, on conviction, be punished with impIisonment for a tem which may extend to three months or wtth ftne which may extend to rupees nve hundred or wtth both,]
18. Commission's power to Issue General or Special orders or dlrectlons,-Notwtthstanding anything contained in these rules, the Commission may issue such special or general orders or directions which may . , (PR)44 M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 R. 17.B f R. 20 , M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 (PR)45 not be inconsistent wltb tbe provisions oftbe Act for fair and free elections. I COMMENTARY Jurisdiction of Election Commission.- Under the provisions of this rule, the Election Commission gets no jurisdiction to set aside the order ofthe Returning Officer, either rejecting or accepting any nomination paper, even if the same is done illegally. State Election Commission M.P. v. Ras Bihari, 1995 JLJ 651=AIR 1995 MP 245 (DB). 19,District Election Officer and Deputy District Election Offlcer.-
(1) The Commission shall In consultation wltb tbe State Government appoint a District Election Officer for each district and one or more Deputy District Election Officers as may be found necessary to assist the District Election Officer in the conduct of elections of Panchayats in the district.
(2) Subject to tbe superintendence, direction and control of the Commission, the District Election Officer shall coordinate and supervise all work In the district in connection with the conduct of all elections to Panchayats in the district.
(3) The District Election Officer shall also be Ex-officio Returning Officer for elections to Zila Panchayat. 1119-A, Observers.-(l) The Commission may nominate an Observer to .Wa>chthe condlict ofdectlon orelections-fu"aPanchayafoi':agioup'of" '._..'.' ..... panchayats and to perform such other functions as may be entrusted to him by the Commission.
(2)The Observer nominated under sub-rule (I) shall have the power to direct tbe Returning Officer for any panchayat for which he has been nominated, to stop the counting of votes at any time before the declaration of tbe result or not to declare tbe result If in the opinion of tbe Observer booth capturing has taken place at any polling station of tbat Panchayat or at tbe place fIxed for counting of votes or any ballot papers used at a polling station are unlawfully taken out of tbe custody of tbe Returning OffIcer accidentally' or Intentionally" destrOyed 'o,"lost 'or .damaged --or-- " tampered with to such an extent tbat tbe result of tbe poll at tbat po1llng station cannot be ascertained.
(3) Where an observer has directed tbe Returning OffIcer under this rule to stop counting of votes or not to declare tbe result, the observer shall forthwith report tbe matter to the Commission and thereupon the Commission shall, after taking all material circumstances into account, Issue approprtate direction under rule 72. . Explanation.-The expression 'booth capturing' shall have tbe mean- ~il!g.!!!!!!.I~ 1;e.J.t.lJJ..~~\;tl0cnI~-DJlf the Mac:jhYil.Pradesh Local Autborltles (Electoral Offences) Act, 1964.] .' .' 2.0. ApPll!nt~l'p.t.of!tetuuUng_Officer.,The commission or when so autborlsed by Commission, tbe District Election Officer shall appoint an offIcer of tbe State Government not below tbe rank of a Nalb Tahsildar as a Returning Officer for every election to fill a seat In any Panchayat other tban tbe Zila Panchayat: I Ins. by NO.1 14-2-19981. '~. : '. I COMMENTARY
1. Materially affected.-Election petitioner lost the election by margin of one vote. His name was errorneously printed in the ballot paper, there remained no doubt that the election of the petitioner was materially affected. Ranjora Ahirwar v. State of M.P., 2001 (3) MPW
452.
2. Re-election of Sarpanch.- In the election of Sarpanch the specified officer held that there had been grave error in the printing of ballot papers and the name of the petitioner was riot correetly'deicI1b<iil.-,.-- and voting pattern was affected. Refusal to give direction for re-election solely on the ground that it will cause financial burden to the exchequer, not justified. Re-election directed. Ranjora Ahirwar v. State of M.P., 2001 (3) MPW 452.
Provided that nothing in this rule shall prevent the commission or the District Election Officer from appointing same person to be a Returning Officer for election of more than one Panchayat.
21. Appointmp'lt of Assist8_,,~Returning Officer.-(l) The Commis. - sion orwhen so authon~t<j by the commission, the District Election Officer may appoint one or more persons as Assistant Returning Officer to assist the Returning Officer In the performance of his functions.
(2)EveryAssistant Returning Officershall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of tpp Returning Officer.
(3)Any refcrence In these rules to the Returning Officer shall, unless the context otherwise requires, be deemed to Include an Assistant Returning Officer. R. 21M. P. PANCHAYAT NIRVACHAN NlYAM, 1995(PR)46
22. General duty of Returning Officer.-lt shall be the general duty of the Returning Officer In any election to perform all such acts and things as may be necessary for effectivelyconducting the election In tl!.emarmer provided by the.se rules. - '[23. Polling stations.-(l) The Distlict Election Officer shall provide sufficient number of polling stations for every election under these rules and shall publish at least 20 days before the date of poll, a list showing the polling stations and the polling areas for which they will be set-up.
(2)The list prepared under sub-rule (1) shall be published by alllxing a copy thereof on the notice board In the officeof:-
(a) Distlict Election Officer,
(b) Returning Officer,
(c) Panchayat concerned.
(3) No change shall- be made by the Dlstrtct Election Officer In the location of any poillril(slafion notified under -sub-ruie (1) without previous approval of the Commission:
Provided that If a change In the location of any polling station is approved by the Commission, then such change shall bel Subs. by NO.2(17-2-1999]. " •.... • R. 27 . . • • M. P. PANCHAYAT NlRVACHAN NIYAM, 1995 • • (PR)47
(a) published for general Information In the Gram Panchayat affected by the change. and, .
(b) communicated In writing to the concerned candidates by the Returning Officer as expeditiously as possible].
24. Appointment of Presiding and Polling Officers.-(l) The Return- Ing Officer shall with the prior approval of the District Election Officer, appoint a presiding officer for each polling station and such polling officer or officers to assist the presiding officer, as he thinks necessary: I[Provided that no person who is not,- {i} a Government servant; or (II) a servant of local authority; or (III) a servant of a University established or Incorporated by or under a Provincial or State Act; or {iv} any other institution. concern or undertaking which is established by or under a Provincial or State Act or which Is not controlled, or not financed wholly or substantially by funds provided directly or Indirectly, by the State Government. Shall not be appointed as Presiding Officer.]
Provided furiher that if a Polling Officer Is absent from the polling station, the Presiding Officer may appoint any person, who is' present at the polling station other than a person who has been employed by or on behalf of. or has been otherwise working for, a candidate In or about the eJection, to be the pollingOfficerdurlngtheabsence of the iormeI:cofficer..c_c.,'•."" ,.-..-,. and Inform the Returning Officer accordingly.
(2) A polling officer shall subject to the directions of the COmmisslon'lf so authorised by the Presiding Officer, perform all or any of the functions of Presiding Officer under these rules.
(3) If the Presiding Officer. owing to illness or any other unavoidable cause, Is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorised by the Returning Officer to perform such functions during any such absence. [4) Reference liltliese hiles l:iHhe l'residlngofflcer shall;'unless'me --- context otherwise requires, be deemed to Include any person perfOrming any function which he Is authorised to perform under sub-rule (2). or as the case may be, under sub-rule (3).
25. General duty of Presiding Officer.'It shall be the general duty of the Presiding Officer at a polling station to maintain order thereat and to see that the poll Is fairly taken.
26. Duty of a Polling Officer.-It shall be the duty of every polling officer at a polling station to assist the preSiding 9fficer for such Station in -_1M R~rf..oJ;!Pl'J29$'Rf.W" fJlI}<;\ig-us., . . 2,7, Control of District Election Officer.-Tbe Returning Officer, As- ~s~sJ"J:!.t.B~tQ~ing .Qf]l.!'~r.],~Sj<!Jvg~Q1fii'~J•.P911i,ng.9f!lce,$ and all. other persons appointed In accordance Wlth these rules shall, within the over all direction and control of the Commission, work under the control of District Election Officer. I Subs. by No.5111-4-20021. COMMENTARY I Ins. by NO.2 [17-2-1999], 2 Ins. by NO.1 [4-2-1998). 3 Subs. by NI),2 (l7-2-1G~9J. Amendment in voters' list.- No amendment is permissible in voters' list after issuance of election notice under Rule 28. As such voters' list cannot be challenged in writ petition after the election is over. Khumano Bai v. State of M.P., 1995 MPLJ 67. R. 28M. P. PANCHAYAT NIRVACHAN NIYAM, 1995(PR)48
CHAPTER VI . CONDUCTOF ELECTION
28. Notice of election and time schedule therefor.-In accordance with the time schedule prescribed by the Commission, the District Election Officer shall by notice in Form 2 or 3 as the case may be, specifY-
(a) the last date, time and place for making nominations which shall be the seventh day after the date of publication of the notice. or if that day is a public holiday. the next succeeding day which is not a public holiday;
(b) the date, time and place for the scrutiny of nominations and such date shall be the day next following the last date appointed for making nominations, or if that day is a public holiday. the next succeeding day which is not a public holiday;
(c) the date for withdrawal of candidature which shall be the second day after, the date iOLthe scrutiny of nominations or if that day is'a public' holiday, the next ~ucceeding day which is not a public holiday;
(d) the date on which and the time during which the poll shall. if necessary. be taken; and
(e) the date. time and place for the counting of votes. 2((0 The date, time and place fortabulation and declaration of election result.]
Note.-"Public Holiday" means any day which is declared to be a holiday by the State Government for its offices as well as the Government Treasuries and sub-treasuries in the State . 1[27_A.Returning Officer, Presiding Officer, etc. deemed to be on deputation to Election CommissioJ}.-The Returning Officer, Assistant Returning officer, Presiding Officer, Polling Officer and any 'other Officer appointed under this Chapter for the conduct of any election shall be deemed to be on deputation to the Commission for the period commencing on and from the date of notice of election and ending with the date of declaration of the results of such election and such officers shall be under the control, superintendence and discipline of the Commission during tbat period.] 3t29. -Manner"f ptlbllcatlon of nl>tlee under rule 28.-Notice under ~ple 2,8 shall be publisbad atleast 20 days before the date appointed for the poll by aIllxing a copy thereof on the notice board in the office of:- ., ja) Pi$trict Election DUlcer,
(h) Returning Olncer, and . I, , I, I Ii i I • • • • • • 8 R. 31.A M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 (PR)49 n ,t :r e g If r .t e 1 r. • 1,, I I f 1 l t /
(c) Panchayat concerned).
1129.A. Publication of nO,Hce regarding reservation/status of seats.-
(1) The District Election Officer shall. simultaneously with the publication of notice of election under rule 28, shall publish a notice in Form 3A or 3B as the case may be showing the status of reservation of every seat in a Panchayat for which election is t" be held, by affiXing a copy thereof on the notice board in the office of:-
(a) District Election Officer .
(b) Returning Officer, and
(c) Panchayat concerned.
(2)The District Election Officer shall issue, on demand by any member of public. a certified copy of the notice referred to in sub-rule (1). forthwith on payment of the same fee as prescribed for copies of revenue records.]
30. ExtensIon of time for completion of election ..n shall be competent for the Commission, for reasons which it considers sufficient, to extend the time for completion of any election by making necessary amendments in the time schedule prescribed by it under rule 28.
31. Nomination of candidates.-(l) Any person may be nominated as a candidate for election to fill a seat if he is qualified to be elected to fill that seat under the provisions of the Act:
Provided that in the case of a seat reselVed for the Scheduled Castes or Scheduled Tribes or other Backward Classes or a woman, no person who is not a member of a Scheduled Castes or Scheduled Tribes or other Backward -Classes.-o-r isnofa:-woIrlan,' as ilie case may he,- shaiii>e qti:iiifled -_.- to be elected to such a seat.
(2) Every nomination paper presented under rule 32 shall be-
(i) in the case of election of a panch, in Form 4-A;
(il) in the case of election of a sarpanch, in Form 4-B;
(iii) in case of election of member of Janpad Panchayat, in Fornl 4-C;and
(iv) in case of election of member of Zlla Panchayat. in Form 4- D.
(3) A nomirl'ltjQll Raper shall be supplied by the Returning Officer. to any voter on demand. -- - - -.. - - -------..
2131.A.Information of criminal record. properties. liabilities and educational qualifications etc. of candidates;.O) Every candidate for . the post of Panch shall suhmit a declaration in a form as prescribed by the State Election Commission along with nomination paper which shall include information about his educational qualification. criminal cases pending/decided. his/her assets and liabilities and that of his/her spouse and dependents, his/her'llumber of living children and information about whether he/she is an encroacher on Government Land.
(2) -Every candidate -for .the post of .Sa\panch. member of Janp.ad Panchayat and Zlla Panchayat shall submit an affidavit, in a form as ,. pre~c,riIJeAJ:)ytl1e.State,Elec.ti0Il~~!,ioll along ¥Ot,J:1Il.O!lli!J."tion.l!~er wWch shall include information about educational qualifications. niminal cases pending/decided, his/her assets and liablllties and that of l>Whcr spouse and dependents. the number of his/her .living children 'and 1 Ins. by NO.2 [17-2-1999). 2 Ins. by NO.6. (20-9-2004). COMMENTARY
32. Presentation of nomination papers.-(l) On or before the date appointed under clause (a)ofrule,28 each candidate shall either in person or by hISproposer deliver to the Returning Officeror Assistant Returning Officerso authonsed by the Returning Officerfor that purpose, dunng the time and at the place specified in the notice issued under rule 28 a dU~ R. 32M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 • • (PR)50 whether he/she is an encroacher on GovernmentLand. The affidavitshall' be sworn before competent NotaIy. Magistrate or Oath Commissioner.
(3)A copy of affidavit/declarationof candidates for the post of Panch, Sarpanch, Member of Janpad Panchayat and Zila Panc~ayat shall be exhibitedon the noticeboard in the officeofthe ReturningOfficer.Its copyshall be made availableto any citizenon demand on payment ofprescnbed fee.) Scope and effect of non-compliance of Rule 31-A.-[lJ Rule 31-A requires a candidate in mandatory man ner to furnish information in the declaration/affidavit in the prescribed format about various matters including the assets. But this rule does not provide for the consequence of its non-observance. Clause-C of sub-rule (2) of Rule 35 ofNirvachan Niyam empowers a returning officerwhile making scrutiny of nomination paper to reject it on the ground that provisions of Rule 31-A have not been complied with. Sub-rule (3) of Rule 31-A requires that affidaviUdeciaration ofa candidate shall be affixedon the notice board and its copywould be made available on demand on payment of prescribed fees. Objections to nomination papers are to be decided in exercise of powers under sub-rule (2)ofRule 35.Accordingly,the nomination papers may be rejected on the ground ofnon-complianceofRule 31-Ain exercise of powers under Clause-C of sub-rule (2) of Rule 35 at the 'tini" of scrutiny. If such objection in not successfully raised, nomination paper shall not be rejected. Non-consideration of such objection or rejection of valid objection to nomination paper may vitiate the further proceedings of election. Suppression of assets in the declaration/affidavit could have provided a ground for rejection ofnomination paper but after a nomina. tion paper is accepted despite non-compliance of Rule 31.A for want of objection it would not be fatal unless it is shown that the result of returned candidate has been materially affected due to such improper acceptance of the nomination paper. Rule 31-Acannot be construed as a mandatory provision beyond the aforesaid extent.Mehboob Khan v. Lallu Bhai, AIR 2009 (NOC) 532 MP = 2008 (4) MPLJ 198 = 2008(3) JLJ 307 = 2008(5) MPHT 95. [2]Returned candidate lady superseded fact ofhaving nine children, it would not have caused any disqualification to her, therefore the result of the election is not mrterially affected and the improper acceptance of nomination paper dl1e.toineompleteinf\)rmation in the declaration did .!;lotprovide a ground to Bet aside the election. Siyawati v. Phoolwati, 2009(1) MPHT 301 = 2009(1) JLJ 431 = AIR 2009 (NOe) 425 MP = ~Q08 (4)MPLJ 437. • • • R. 34 M. P. PANCHAYAT NlRVACHAN NIYAM, 1995 (PR)51 I I completed .nomination paper In the prescribed form and signed by the candidate and In case of- ,
(a) election of panch, by a voler of the concerned ward of village;
(b) election of sarpanch, by a voter of the concerned village;
(c) election of member of Janpad I'anchayat, by a voter of any village within the block; and
(d) election of member of Zila Panchayat, by a voter of any village within the district, as prqposer:
Provided that any person who Is subject to any disqualification as a voler under the Act shall not be eligible to sign any nomination paper as proposer.
(2) nothing In this rule shall prevent any candidate from being nominated by more than one nOmination paper for election to any office:
Provided that not more than two nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer for election to any office. COMMENTARY Where nomination paper of appellant was forcibly taken from her by the returned candidate, thus not allowing her to file her nomination, held that election was not validly conducted. Surinder Kaur v. State of Punjab, 1996 MPWN (II) 131 (SC). .-:::.-.-- --.-."'--.-'- "" ..---- ------ " .... '. ---' - .. -- 1[33. Security Deposit.-(l) A candidate shall not deemed to be duly nominated by election unless he has deposited or caused to be deposited in cash either before or at the time of presentation of nomination paper under rule 32 to the Returning Officer. the following amount as security, namely:-
(a) In case of Panch from any ward 21Rs. 200/-1.
(b) in case ofSarpanch ofa Gram Panchayat 3IRs.1000/-], _(cLlncase ..ofmember of aJanRadJ'anchayat.4[Rs. 2000/ ,I awL.
(d) in case of.member of a Zila Panchayat 5[Rs. 4000/-J:'
Provided that where a candidate is a woman or a member of Scheduled Caste or Scheduled Tlibe or Other Backward Class, he/shall be required to deposit only half of the above amount as security under this rule.
(2) If a candidate presents more than one nomination paper for election to the same seat. not more than one deposit shall be required of him under sub-rule (1)].
34. Notice of nomination and time and place for Scrutiny.-(I) On _£!!~~P.t~t.!!'-'l.5'f_".!l0mlnatiol;l.Ra.p~.L.!!nsI~r_SlJ):>-.rule(l)gf rule 32, the Returnmg Officer shall satisfY himself thatfue serial number and the name of the candidate and his proposer as entered in the nomination papet'ate~the' samC!"1J.S thb"s<!eiiteredliHheVOter's list: , . .. .. I Subs. by NO.2117-2-19991. 2 Subs. for the words "Rs. 1001-" by No. 9121.9-2012]. 3 Subs. for the words "Rs. 500/-" by No. 9121-9-2012]. 4 Subs. for the words "Rs. 1000/-" by No.9 [21-9-2012]. 5 Subs. for the words-"Rs. 2000/-" by NO.9 [21-9-20121.
Provided that the Returning Officer shall permit any rpisnomer or inaccurate description or clerical or technical error to be corrected and where necessary, shall overlook any such misnomer or inaccurate description or cleIical or technical error in the nomination paper.
(2) The Returning Officer shall inform the person delivering the nomination paper, of the date, time and place fIxed for the scrutiny of nominations and shall enter on the nomination paper its serial number and sign thereon a certificate stating the date on which and the hour at which the nomination paper has delivered to him. and shall, as soon as may be thereafter, cause to be affIxed on the notice board in his office a notice of the nomination containing descriptions similar to those contalned in the nomination paper. both of the candidate and of the proposer.
35. Scrutiny of nomination papers.-(l) On the date fIxed for the scrutiny of nomination papers under rule 28. the candidates. their election agents, one proposer of each candidate, and one other person duly authorised in WIiting by each candidate, but not other person, may attend at the time and place appointed in this behalf under rule 28 and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered as required by rule 32.
(2) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may either on such objections or his own motion, after such summary _ inqlliry. if any, as he thinks I).ecessary, _~eje~tany nomin;:~.tionp~p~r on any . of the following grounds, that is to sayfa) that the candidate is disqualifIed for being elected to flll the seat by or under the Act;
(b) that the proposer is disqualified from subscribing a nomination paper; I[(c) that the provisions of Rule 31, 31-A. 32 or 33 have not been complied with;] and
(d) that the signature of the candidate or the proposer on the nomination paper is not genuine.
(3) nothing contained in clause (c)or (el) of sub-rule (2) shall be deemed to authonse the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated bymeans of another nomination paper in respect of which no irregularity has been committed.
(4)The Returning Officer shall not reject any nomination paper on the ground of mere clerical or printing error or any defect which is not of a substantial character. . (5)TheReturning Officer shall hold the scrutiny on the date appointed in this beh;alf under clause {h)of rule 28 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or gbstruct,d_by riot 9r opel1 vi9lence or Qy causes beyond his control;
Provided that in case any objection is raised by the Returning Officer or is made by any other person, the candidate may be allowed time to rebut it not later than the next day, and the Returning Officer shall record his Subs. by No.6 {20-9-2004] for the following :_
(c) that there has been a failure to comply with any of the provisions of rules 31, 32 or 33." , ! . ,', I.:~,,,,'" . . (PR)52 . . M. P. PANCHAYAT NlRVACHAN NIYAM, 1995 R. 35 . . • • • • " . R.35 M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 (PR)53 decision on the date to which the proceedings have been adjourned.
(6)The Returning Officer shall endorse on ea'7h nomination paper his decision regarding accepting or rejecting the same and, If the nomination paper Is rejected, shall record In writing a brief statement of his reasons for such reJection. The order passed by the Returning Officer shall, subject to the result of rev1slon. If any under rule 36. be final,-
(7) For the purposes of this rule the production of a certified copy of an entlymade In the Voters' list of the relevant Gram Panchayat shall be conclusive evidence of the right of any voter named in that entry to stand for election. unless It Is proved that the candidate Is disqualified.
(8) Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Returning Officer shall prepare ward wise or constituency-wise lists of candidates whose nominations have been accepted in form 5 and affix the lists on the notice board of his office. duly recording the date and time of affixture below his signature.
(9) If nomination of a candidate has been accepted by the Returning Officer for more than one ward of constituency through oversight or for want of objection or for any other reason whatsoever, the Returning Officer shall after giving an opportunity of hearing to such candidate or his election agent, recognise the nomination tendered first in point of time and delete or cause to be deleted from the list ofvalidily nominated candidates in Form 5, the name of su_chcapdid~J~froJ!1 ~very oth~ry.r~~ci__OI:.constituency ancf record this'-ra:t:tln -Writirtg:- ~~--'~ -.-~,. -- .: " _....._""--... -,. ---~- --- The Returning Officer shall also affixa copy of the revised list ofvalidly nominated candidates in Form 5 on the notice board in his office, duly recording the date and time of such affixture below his signature. COMMENTARY
1. Eligibility to contest election for post of 'panch'.-The petitioner is entitled to file material to satisfy Election Tribunal that order passed by the Returning Officer in accepting his nomination form- . is just and proper. Hukum Singh v. Collector, Panna, 2002 (1) MPLJ 233=AIR 2002 MP 32=2001 (2) JLJ 270. I-A. Effect of objection to nomination paper.-Objections to nomination papers are to be decided in exercise ofpowers under sub-rule
(2) of Rule 35. Accordingly. the nomination papers may be rejected on the ground of non-compliance of Rule 31-A in exercise of powers under Clause-C of sub-rule (2) of Rule 35 at the time of scrutiny. If such objection in not successfully raised, nomination paper shall not be rejected. Non-consideration of such objection or rejection of valid objection to nomination paper may vitiate the further proceedings of election but after a nomination paper is accepted despite non-compliance of Rule 31-A for want of objection it would not be fatal unless it is shown that the result of returned candidate has been materially affected due to such improper acceptance of the nomination paper. Mehboob Khan v. Lallu Bhai, AIR 2009 (NOC) 532 MP =2008 (4) MPLJ 198 = 2008(3) JLJ 307 = 2008(5) MPHT 95. . . ., • • I: I..
2. Sub.rule (6). Review of order of rejection of nomination paper by Election Commission.- The scheme ofArticle 243-0(b) read in the light of Rule 35(6) is that the decision of the Returning Officer shall be final, subject to review only by the Election Tribunal in a duly filed election petition. The order passed by the Returning Officer accepting or rejecting the nomination paper is not susceptible to review at any other stage or by any authority other than Election Tribunal. It is significant to note that the rules do not provide any appeal to the Commission or revision suo motu or otherwise to the Commission against the order ofthe Returning Officer.These circumstances make it clear that whatever be the amplitude of the power vested in the Com. mission under Art.243.K and section 42 of the Act, it does not take in the power of up-setting the final decision arrived at by the Returning Officer accepting or rejecting the nomination paper. The Election Commission has nojurisdiction to interfere at that stage in that matter. AlR 1952 SC 64, AIR 1978 SC 851, AIR 1984 SC 921, (1985) 4 SCC 628 & (1994) 3 SCC 1Discussed and followed.State Election Commission M.P. v. Ras Bihari, 1995 JLJ 651=AlR 1995 MP 245 (DB).
Note.' It may however be noted that the above case was decided under Rule 33(6) of the Rules of 1994which have now been replaced by Rules of 1995. Under the new rules, provision for revision is made vide . : rule 36 in -a-casewhere due to result of rejection of nomination.paper,'; . .by the Returning Officer, there remains only one candidate in the field. But the power of revision under the new Rules is also not vested in the Election Commission and as such the decision given above apply with full force even under the new rules.
3. Sub.rule (8).- Looking to the provisions contained in sub-rule (8), once a nomination paper is accepted and included in the list prepared under sub-rule (8), its acceptance cannot be set at naught by the Returning Officer.There is no provision in the rules authorising him to take such an action. Ranvirsinghv. State orM.p.,AIR 1995 MP 271 _ II , i 1 • 1 I I , 1 , I, I I! ;1 I~,,., (PR)54 M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 R. 36 I I I: r L i )1 I: I'
36. Revision of rejected nomination papers in certain cases.-(l) If for any seat, after the scrutiny ofnomination papers under rule 35, there remains only one candidate in the fieldas a result of rejection of nomina. tion papers of all other candidates. the Returning Officershall forthwith report the fact to the followingauthority.- herein after referred to as RevisionalAuthority. namely:- (I) in case of election ofa panch ~r a sarpanch of a gram panchayat. to theoSub-Divisional-0ftlcer(Revenue).
(ii) in case of election of ,,'member of Janpad Panchayat. to the -Collector:and
(iii) in case of election of a member of Zila Panchayat. to the' . Divisional Commissioner, and shall
(a) afll" a notice in form5-Aon the notice board ofhis ofllce.for informationof all candidates forthe seat in question. that his order rejecting a nomination paper is subject to the order passed by the RevisionalAuthority and any candidate '1g- ".. •• R. 37 • • • • M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 • • (PR)55 grieved by his order is free to appear before such Autbority, on the date, ibne and place mentioned in tbe notice, and
(b) submit all papers relating to nominations r€ceived for tbe seat in question to tbe Revisional Authority so as to reach him latest by 11.00 A.M. on tbe next day.
(2) The day for consideration of tbe cases under sub-rule (1) by the Revisional Authority shall be tbe day next following the date for scrutiny of nominations which shall Include a public holiday.
(3) It shall be tbe duty of every candidate to take cognizance of tbe notice published under sub-rule (1) and no separate notice shall be Issued by the Revislonal Authority to any candidate before considering a case.
(4) Every candidate or his proposer for the seat in question, shall be entitled to be present and heard by tbe Revisional Authority.
(5) On the date and at tbe place specified in tbe notice in Form 5-A under sub-rule (1), the Revisional Authority shall take-up examination of tbe nomination papers rejected by the Returning Officer one by one and if it finds that any nomination paper has been rejected wrongly, it shall revise the order of the Returning Officer for reasons to be recorded in writing and declare such nomination paper as valid.
(6) The Revislonal Autbority shall dispose of every case received by it under sub-rule (1) Expeditiously and return tbe case-file along with an authenticated copy of its order to the Returning Officer in the quickest possible manner, so as to reach him before 2.00 P,M. on tbe last date fixed for withdrawal-of candidature:. -....c.... - ,.,-.-.,',.- .. . ..... - -.' .. , ..•.
Provided tbat if the Revlsional Autbority fails to dispose-off tbe case within the aforesaid time limit, tbe Returning Officer shall stay tbe election for the seat in question and report the matter to tbe Commission, through the District Election Officer.
(7) On receipt of an orde, of the Revisional Authority declaring the nomination of a candidate to be valid, the Returning Officer shall include the name of such candidate in the list of validity nominated candidates in Form-5 prepared under rule 35 and afi1x a copy of the revised list in Form-5 on the notice board in his office, duly recording tbe date and ibne ofsuchafftxturebelo,,'hissigfiattire. .. , -, -------
37. Withdrawal of candldature.-(l) Any candidate may witbdraw his candidature by delivering an application in Form 6 to tbe Returning Officer, on the date and by tbe hour appointed under clause (c)of rule 28. 1[(2) The application may be given eitber by the candidate in person or by the proposer or election agent who has been authorised in this behalf in writing by the candidate and the application shall be presented along with the receipt of the nomination paper given by the candidate or his proposer at lhe time of presentation of the nomination paper under rule .3,2.] ,
(3) No person who has given a notice ofwithdrawal of his candidature .utld~r -sub, rule m shall be.a)loJ/{edto .s;ancel s\lch notice.
(4) The Returning Officer shall, on being satisfied as to the genuineness of an application of withdrawal and the identity of person delivering it under sub-rule (2), cause a notice in Form 7, giving particulars of the 1 Subs. by No.5111-4-20021. COMMENTARY Contesting candidate is one whose name find place in the list prepared under this rule. Such a list is prepared after rejection and withdrawal of nomination. Harishankar Suryavanshi v. State of M.P., 1998 (2) Vidhi Bhaswar 225. candidates who have withdrawn their candldalure, to be alflxed on the nOllce-board In his office. 38, Pre'paratlonof list of contesting candldates.-(l) Immediately afler the expiry of the period within which candidature may be withdrawn under rule 28, the Returning Officer"shall prepare a list of contesling candidates, that Is to say, candldates,whosenominallon papers have been finally accepted and who have not wiij}drawntheir candidature within the said period, In Form 8A, 8B, 8C and 8D for the officeof Panch, Sarpanch, Member of Janpad Panchayat orZila Panchayat as the case may be.
(2)The said list shall. subject to the provisions of sub-rule (3), contaln the names in alphabellcal order and the addresses of the contesllng candidates as given In the nominallon papers and shall be prepared In Hindi In the Devnagrl Script.
(3)The alphabellcal order referred to In sUD-rule (2) shall be determined with reference to the names and or surnames of the capdidates in such manner as may be prescribed by the Commission. R38 ••• M. P. PANCHAYAT NIRVACHAN NIYAM, 1995(PR)56
39. Allotment of Symbols for electlon.-(l) Where a poll becomes necessary the Returning Officershall assign to each candidate anyone ofthe symbols detennlned by the CommissionIn the manner prescribed by It. 1[(2)The allotment by the Retumlng Officerofany symbol to a candidate shall be fmal, except which is inconsistent with any order or instructions issued by the Commission In this behalf In case of elecllon of a Panch or Sarpanch of a Gram Panchayat, the District E1ecllonOfficerand In case of a Member of Janpad Panchayat and ZilaPanchayat, the State Elecllon Commission, may revise the allotment to such manner as It deems fit.j'
(3) Every candidate of his elecllon agent shallhe Informed forthwith-, . of the symbol allotted to the candidate and be supplied with the specimen thereof by the Returning Officer.
40. Publication of list of contesting candidates,-The Returning Officer shall cause a copy of the list of contesting candidates prepared under rule 38, to be published immediately after allotment of symbols to Candidates, by a!fixture on the nollce- board In his office and shall.~l:o supply a copy thereof, to each contesting candidate or his elecllon agent, 2(40-A. Stay on elections in certain cas~.-(i) Notwith::.la..1.01Ilg eulyUllllS . mniaiaed to these rules, if it comes to the nollce of the ReturnIng Officerat any lime prior to the date ofpoll that the nominallonDfany candidate who, .prirga faGle,doe_soptllelongtil.a Sch~duledCaste, Scheduled Tribe.or Other Backward Class, has been accepted fora seat whichIs reserved forScheduled Castes, Scheduled Tribes or Other Backward Classes as the case may be, through oversight or want of objection or for any other reason, he shall 1 Subs. by No.S 111-4-2002]. 2 Ins. by NO.2[17-2-1999]. forthwith issue a notice to such candidate, asking WID to file an affidavit that he belongs to the category for which the seat is reselVed, , . (2) In case the candidate concerned files an affidavit, the Returning Officer shall make no further inquiry into the matter and treat the nomination as valid.
(3)In case the concerned candidate falls to Illean affidavit on or before the date speclfied in the notice, it shall be presumed that he does not belong to the category for which the seat is reselVed and the Returning Officer shall report full facts to the followingcompetent authority, as the case may be and seek its permission to review his own order, regarding the validity of the nomination, namely:-
(i) Sub-Dlvlsional Officer (Revenue)in case of election of a Panch or Sarpanch of a Gram Panchayat,
(ii) Collector in case of electlon of a member of Janpad Panchayat; and
(iii) Divisional Commissioner in case of a men1ber of Zila Panchayat.
(4)The Competent Authority, shalllmmediately, dispose offevery case referred to it under sub-rule (3), and communicate its order to the Returning Officer, as soon as possible.
(5) Mter receiving the permission of the Competent Authority, the Returning Officer, may review h~sown order and exclude the name of the concerned candidate from the llst of val1dly nominated candidates . prepared .under rule 35 and froni the .list 6fc6iitestfugcandidates, jf such llst has already been prepared and publlshed the RetUrning Officershall prepare a revised list of contesting candidates and publish it in accordance with the provisions of Rule 40:
Provided that if the concerned candidate has in the meanwhile submitted an affldavit in response of the notice issued under sub-rule (I), the Returning Officershall not reviewhis order.
(6) If the Competent Authority fails to dispose off the case referred to it under sub-rule (3)at least fivedays before the day of poll or the mistake in acceptance of nomination as specified in sub-rule (1), comes to the notice of the Returning Officei-on,,'daywhereafterapert6dofiess than seven days is left for the day of poll, the Returning Officershall postpone the election of such seat and report the matter to the Commission through the DistricLElecUonOfflcer.
(7) The Commission shall, after satisfYing itself that the Returning Officer has duly reviewed his order, issue revised time schedule for completion of election for the seat in question.] CHAPTERvtl 'CANDII5ATESANDniEIR'AGENTS ~ ---~ •• -- .••.•.•••••• : ••• +- ~ ~'---.I ~
41. Appointment of elec~lonagent and revocation ofsuch appolnt- ~!nt.-(I) )f,a p,n~i~,,~e ~.eslI:!'s__to apI?~!rlt_an <:lectlonllg~l)t, .•slJch appointment sha1l subject to the provisions of sub-rules (2) and (3),-be made in Form 9 either at the time ofdeliveringthe nomination paper or at any time before election.
(2) The appointment of the election agent may be revoked by the candidate at any time by a declaration in writing signed by him and lodged with the Returning Offlcer.Such revocation shall take effectfrom the date I \ i \ I i, I I I I: , R. 41 • • • • M. P. PANCHAYAT N1RVACHAN N1YAM, 1995 (PR)57 on which,"'lt is lodged. In the event of such revocation or in the event of the election agent dying before or during the period of the election, the candidate may appoint a new election agent in accordance with the provisions of sub-rule (1).
(3) No person, who is for the time being disqual1fied under the Act from being elected or from voting at any election of Panchayat shall, so long as the disquallfication subsists, be appointed as an election agent. 42, Appointment of polling agent,-(l) At an election at which poll Is to take place, any conlesting candidate, or his election agent, may appoint one agent to act as poll!ng agent of such candidate at each polling station. Such appointment shall be made by a lelter in writing In duplicate in Form 10 signed by the candidate or his election agent. [2}The candidate or his election agent shall deliver the duplicate copy of the lelter of appointment to the polling agent who shall, on the date ftxed for the poll present it to, and sign the declaration contained therein, before the Presiding Officer, the Presiding Officer shall retain the duplicate copy presented to him in his custody. No polling agent shall be allowed to perform any duty at the polling station unless he has complied with the provisions of this sub-rule.
43. Appointment of counting agent.-(l) Each contesting candidate or his election agent may appoint an agent to act as counting agent of such candidate by a lelter in writing in duplicate in Form 11 signed by the candidate or his election agent. . (2) The candidate or his ei'ection agent sfia1Talso' deiiver th~dllplicate - copy of the lelter of appointment to the counting agent who shall on the date fiXed for counting of votes, present it to, and sign the declaration contained therein before. the Returning Officer Of such other officer authorised by him under rule 73, Such Officer shall retaln the duplicate copy presenled to him in his custody. No counting agent shaR-be allowed to perform any duty at the place ftxed for the counting of votes, unless he has complied with the provisions of this sub-rule. 44, Revocation of the appointment or death of polling agent.-( 1) The appointment of the polling agent may be revoked by the candidate at any time before the commencement of the poll by a declaration in writing signed by him.
(2) Such declaration shall-
(a) in the case where the appointment Is revoked not less than seven days before the commencement of the poll be lodged with Ihe Returning Offtcer. [b) in any other case, be lodged with the Returning Offtcer or the Presiding Officer of the polling station where the polling agent was appointed for duty.,
(3) If the polling agent of a candidate dies before the commencement _oqhe poll, the candidate or his election agent shall forthwith report in writing, the lad of such death- -,
(a) in case where the death takes place less than seven days before the commencement of the poll, to the Returning Officer, and -(b) in any other case to the Returning Officer or the Presiding Offtcer of the polling station where the polling agent was appointed for duty. (PR)58 M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 R. 42 R.46 M. P. PANCHAYAT NlRVACHAN NIYAM, 1995 (PR)59 .. ! I I .j I r, \
(4)Whenever the Returning Officerreceives any declaration or report made under sub'rule (1) or (2) he shall forthwith. communicate such declaration or repo!;!. as the case may be, to the Presiding Officer of the , polllng station where such polling agent was appointed for duty.
(5)Where the appointment of a p01llngagent'ls revoked under sub-rule
(1)or where the pollingagent dies before the close of the poll, the candidate or his electionagent may, at any time before the poll Is closed, appoint a new p01llngagent In accordance with the provisions of sub-rule (1)of rule 42.
Provided that the letter appointing new polling agent shall-
(a) In the case where such appointment Is made not less than seven days before the commencement of the poll be given to th1; Returning Officer, and lb) in any other case, be given to the Returning Officer or"the Presiding Officer of the polling station where the new polling agent Is appointed,
(6)The provisions of sub-rule (2)of rule 42 shall apply In relation to a polling agent appointed under sub-rule (5) as they apply In relation to a polling agent appointed under sub. rule (I) of rule 42.
45. Revocation of the appointment or death of the counting agent.-(l) The appointment of the counting agent may be revoked by the candidate at any time before the commencement of the counting ofvotes by a declaration Inwriting signed by him. Such declaration shall be lodged _withthe Returning Officeror such other offjceLa'l1:borlse<iiJyhlp:1, ',' (2)"Iffuecounil11g agent of a candidatedlesheforethecompl"tlon of --_. the counting of votes, the candidate_or his election agent shall forthwith report the death In writing to the Returning Om,ceror such other officer authorised by him.
(3)Where the appointment of counting agent Is revoked under subrule (1) or where the counting agent dies before the completion of the counting of votes, the candidate or his election agent may appoint a new counting agent In the marmer laid down in sub-rule (I) of rule 43.
(4)The provisions of sub-rule (2)of rule 43 shall apply In relation to a counting a:gent-appOlntedunder subcrule-(3)-a.-theyapply In relatlon-tocounting agent appointed under sub-rule (1)of rule 43.
CHAPTER VIII GENERALPROCEDUREOF ELECTION
46. Death of candidate before poll-Poll shall not be countermanded due to death ofa contesting candidate befDl)'the commencement ofpoll. But if as a result of death of a contesting candidate for any seat, there remains only one contesting candidate, the Returnlpg Officer shall, upon being _satisfied <>ftbeiactGf.death.ofthecandidate,.C\luntermandthe polland report the fact to the Commission through the District Election Officer and all 'proG.ee~s .lVi,lh~!:.ef~IXnl;e,\9Jhe .cl.!'£I!Qn_~1<all"pesonun~nGeda.n.!''fjn. all respects as if for a new election in accordance with the rules hereinbefore:
Provided that-
(i) no further nomination shall be necessary in case of a person who was a contesting candidate at the time of the countermanding of the poll; and I Rule 50A, ins. by NO.II (25-3-2014J.
47. Uncontested Elections.-(l) lffor any seat, after the date and time fixed for withdrawal of nomination paper there remains only one candidate whose nomination paper Is found to be valid. the Returning Officer shall forthwith declare In form 24 the candidate duly elected to fill such seat and Inform the Commission through Distlict Election Officer of the same.
(2) If no nomination paper has been filed for any seat or if no candidate has been duly nominated for any seat, the Returning Officer shall send a report of this fact to the Commission through the D1stIict Election Officer. which shall take further action to fill such seat in .accordance with _the . provision elfthe Act and these iules.- --_ .... - ... .... .48. Contested Elections.-In cases other than those covered by rule 47 a poll shall take place.
CHAPTER IX POLL AND VOTING FOR ELECTION
49. Manner of voting at election.-At every election where a poll Is taken votes shall be given by ballot in the manner hereinafter provided and no voter shall be received by proxy . .-50~Ballot Box.-Every ballot box shaI!, subject f6geiietal ot speetal--_ .. orders of the Commission be of such design that ballot papers can be inserted therein but cannot be withdrawn therefrom with the box being unlocked and the seals being broken. 1[50A. Voting Machine at Elections.-Notwlthstanding anything contained in the Rules. the State Election Commission may order that In specified Wards! Panchayats, the giving and recording of votes shall be by voting machines in the manner as specified hereafter. -Explanation.-For the purpose of this rule "Voting Machine" means any machine or apparatus whether operated electronically or otherwise. used for giving and recording of votes and any reference to a ballot box or b~lotp'a,PsUJl ~erJ,lI~,!;. shal~. sav:e "'S o,th!'T'Yis,;.p,rovided. be con~tru~d as fnCluaing a reference to such .v.oting machine wherever such voting machine is used in the election.)
51. Form of ballot paper.-(l) Every ballot paper shall have a counterfoil attached thereto and shall be in such form and have such particulars I [ [ R. 47M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 COMMENTARY " (lI) no person who has given a notice of withdrawal of his candidature under sub-rule (l) of rule 37 before the countermanding of the poll, shall be Ineligible for being nominated as a candidate for the election after such-' countermanding. (PR)60 Cancellation of election.- This rule is a specificprovision to deal with case ofdeath ofa candidate in all cases. The powers vested in the Election Commission under this rule cannot be exercised in a situation where nomination papers of all the candidates except one are rejected particularly in view ofArt. 243-0(f) of the Constitution and Rule 35(6).State Election Commission M.P. v. Ras Bilwri, 1995 JLJ 651=Affi 1995 MP 245 (DB). •• R. 55 M. P. PANCHAYAT NIRVACHAN NIYAM, 1995 -. (PR)61 i r t as may be determined by tbe Commission.
(2) The ballot paper shall contain the names of candidates In' Hindi In the Devnagrl Script arranged In the same order In which tbey appear In the list of contesting candidates, against tbelr election symbols.
52. Arrangement at the polling station.-ll) The District Election Officer shall provide at each polling station sufficient number of ballot boxes and ballot papers, caples ofvoters' lists In respect of the polling area, articles necessary for voters to mark the ballot papers as well as such other instruments and accessories as may be required for taking the poll.
(2) Each polling station shall be provided wltb one or more voting compartment in which voters can, one after another. cast their voters screened from observation, and no voter shall be allowed to enter such voting cmnpartment when another voter is inside the same for the purpose of recording his vote.
53. Notice at the polling station,-Outslde each polling station tbere shall be displayed promlnently-
(a) a notice specifying the polling area. the voters of which are entitled to vote at the polling station; and
(b) a notice giving the name of each candidate In Hindi In the Devnagrl Script in the same order in which the names of such candidate appear in the list of contesting candidates published under rule 35,
54. Admission to polling statlon.-The Presiding Officer shall regulate the number -0£voters to. be admitted at any on"'..timelnslde_tbe_pollin,g station and shall exclude therefrom all persons other'than~" ,"---,-
(a) Polling Officers; lb) Public servants on duty in connection with tbe election;
(c) Persons authorised by the Commission. District Election Officer or the Returning Officer;
(d) candidates. tbeir election agents and. subject to the provisions of tbese rules, one polling agent of each candidate; Ie) a child In arms accompanying a voter; II] a, person accompanying a blind or Infirm voter w.1l0 cannot move without help; and 19) such otber person as the Returning Officer or the Presiding Officer may employ for the purpose of identifying tbe voters;
55. Ballot boxes to be locked and sealed before the commencement of poll.-(l) The Presiding Officer at each polling station shall. immediately before the commencement of tbe poll. allow inspection of each ballot box to be used at the poll, by the Candidates, their election agents and their polling agents who may be present at such station and demonstrate to them and to all otber persons present, tbat It Is empty.
(2) The Presiding Officer shall, after coni.plying with the provisions of sub-rule (1). secure and seal the box In such manner that tbe slit In tbe box .- far lnS'ertlofi 'of ballot papers tbereln remains open and shall also allow tbe candidates or their election or polling agents, who may be present to affixtbeir own seals on the space in the box meant therefor, -if they so desire.
(3)The seals to be used for ballot box shall be affixed In such manner that it shall not be possible to open the box again without breaking such seal or any thread on which the seals have been affiXed. 1 Ins. by No.8(22-12-20041. , 56. FacUlties for women voters.-(I) Where a polling station is for both men and women voters, the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate batches of women and men. -
(2)The Returning Officeror the Presiding Officermay appoint awoman to serve as an assistant at a polling station to assist women voters and also to assist the Presiding Officer generally in taking the poll in respect of women voters, and in particular, to help in searching any woman voter in case it becomes necessary to ensure free and fair election.