(1) on the issue of a notification under rule 11, the Director shall give public notice of the intended election in Form C-XII, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered, which shall be published by displaying it at the notice board of his office and copy of which shall be forwarded to the office of the Delhi Sikh Gurdwara Board, and after the constitution of the Committee to the office of the Committee, for the information of the elected members of the Committee by its display on its notice board.
(?) on or before the date appointed under clause fa) of rule 11. the candidate shall, either in person or by his proposer, between the hours of eleven O'clock in the forenoon and three O'clock in the afternoon delivers to the Director at the place specified in this behalf in the notice issued under this rule, a nomination paper complete in Form C-XIII and subscribed by the candidate himself, as consenting to the nomination and signed by the member as proposer:
PARTIV1 DELHI GAZETTE EXTRAORDINARY 9
Provided that no nomination paper shall be delivered to the Director on a day which is a public holiday.
(3) Nothing in this rule shall prevent any candidate from being nominated by more than one nomination paper:
Provided that not more than four nomination paper shall be presented by or on behalf of any candidate or accepted by the Director.
(4) Any person may be nominated as a candidate by an elected member for election to fill a seat, if he is qualified to be chosen to fill that seat under the provision of the Act.
(5) The Director shall, on receiving the nomination papers under sub-rule (4), inform the person or person delivering the same of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper, its serial number and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall as soon as may be thereafter cause to be affixed in some conspicuous place in his office in Form C-XIV a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of the proposer.
(6) On the date fixed for the scrutiny of nominations under rule 11, the candidate and one proposer for each candidate, but no. other person, may attend at such time and place as has been specified in the notice issued under sub-rule (5) and the Director shall give them all reasonable facilities for examining the nomination paper of all candidates which have been delivered within the time and in the manner laid down in sub-rule (2).
(7) The Director shall then examine the nominations papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds :-
(a) that on the date fixed for the scrutiny of nomination, the candidate either is not qualified or is disqualified for being chosen as a member under the Act ; or
(b) that there has been a failure to comply with any o f the provisions of sub-rule
(2) or (4); or .
(c) that the signatures of the candidates or the proposer on the nomination paper is not genuine.
(8) ' The Director shall hold the scrutiny on the date appointed in this behalf under clause (b) of rule 11 and shall not allow any adjournment of the proceedings except when such proceeding are interrupted or obstructed by riot or open violence or by causes beyond l iu IUIIU ul .
Provided that in case an objection is raised by the Director or is made by any other person, the rTErla t r concerned may be allowed time to rebut it not later than the day following the date fixed for scrutiny and the Director shall record his decisions on the date to which the proceeding have been adjourned.
10 DELHI GAZETTE EXTRAORDINARY | PART IV
(9) The Director shall endorse on each nomination paper his decision 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.
(10) Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Director shall prepare in Form C-XV a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid and affix it to his notice board.
(11) The Director's decision on the question whether a candidate should or should not be included in the list of validly nominated candidate shall be final:
Provided that nothing contained in clause (b) or clause (c) of sub-rule (7) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularly in respect of a nomination paper if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed :
Provided further that the Director shall not reject any nomination paper on the ground of any defect which is not of a substantial character.
(12) the names of every such candidate shall be shown in the said list as it appears in his nomination paper:
Provided that if a candidate considers that bis name is incorrectly spelt or is otherwise incorrectly shown in his nomination paper or is different from the name by which he is popularly known, he may, at any time before the list of contesting candidate is prepared, furnish in writing to the Director the proper form and the spelling of his name and the Director shall, on being satisfied as to the genuineness of request, make the necessary correction or alteration in the list in Form C-XV and adopt that form and spelling in the list of contesting candidates.
(13) (i) Any candidate may withdraw his candidature by a notice in writing in Form C-XV! which shall be subscribed by him and delivered before three O'clock in the afternoon on the day fixed under clause (c) of rule 11 to the Director either by such candidate in person or by his proposer.
(ii) on receipt of such notice, the Director shall note thereon the date and time at which it was delivered.
(iii) No person who has given a notice of withdrawal of his candidature under clause (i) shall be allowed to cancel the notice.
(iv) The Director shall on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under clause (i ), cause the notice to be affixed in Form C-XV1I in some conspicuous place in his office.
(14) (i) Immediately after the expiry of the period within which candidature may be withdrawn under sub-rule (13) (i), the Director shall prepare in Form C-XVIH a list of contesting candidates , that is to say, candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the said period:
Provided that if a candidate whose nomination has been accepted under sub-rule (9) and who has not withdrawn his candidature under sub-rule (13) (i) dies and the report of his death is received before the
PART IV | DELHI GAZETTE EXTRAORDINARY 11 -?a* publication oFthe list of contesting candidates, the Director shall, on being satisfied of the fact of the death of the candidate, not include his name in the list of contesting candidates.
(ii) The said list shall contain the names in alphabetical order and the addresses of the contesting candidates and the other particulars, as given in the nomination papers. The alphabetical order shall be determined with reference to the surnames of the candidates having surnames and the names proper of other candidates.
(iii) if the list is prepared in more languages than one, the names of candidates therein shall be arranged alphabetically according to the script of such one of those languages as the Director may decide.
(15) The Director shall immediately after its preparation cause a copy of the list of candidates to be affixed in some conspicuous place in his office.
12 A. The elected members subject to preventive detention, shall, subject to their fulfilling the requirements bere-in-after specified, be entitled to vote through special arrangement
(1) The Superintendent, District Jail, Delhi shall not later than one week, or such shorterperiod as the Director may allow, before the date of election, ascertain and intimate to the Director the names of elected members, if any, subjected to preventive detention together with the addresses, the Gurdwara ward number and name from which elected and the particulars about their place (s) of detention.
(2) Any elected member subjected to preventive detention may not later than one week, or such shorter period as the Director may allow, before the date of election, send an intimation to the Director that he wishes to vote by special arrangement, specifying his name, address, the Gurdwara Election Ward number and name from which elected and place of detention in Delhi.
(3) The Director shall issue the ballot paper to every such elected member subjected to Preventive detention whose name has been intimated to him under sub-rule (1) or under sub-rule
(2)- 12 B. (1) The said ballot paper shall be in such form as prescribed here in after.
(2) The names of the candidates shall be arranged on the ballot paper as provided here in after
(3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner.
12 C (1) A ballot paper shall be sent by special arrangement as may be decided, to the elector together with: - • (a) a declaration in Form C-XXIV
(b) a cover in Form C-XXV
(c) a large cover addressed to the Director Gurdwara Elections in Form C-XXVI:
and
(d) instructions for the guidance of the elector in Form XXVII.
Provided that the Director may cause the ballot paper and Forms, to be delivered to such voter personally through the Superintendent, District Jail, Delhi.
(2) The Director shall at the same time: - 12 DELHI GAZETTE EXTRAORDINARY | PART IV record against the name of the elected member, the last two digits of ihe serial number of the ballot paper in the marked copy of the list of the elected members and
(b) ensure that the elector is not allowed to vote at the polling station.
(3) Every officer under whose care or through whom a ballot paper is sent shall ensure its Delivery to the addressee without delay.
(4) After ballot papers have been issued to all the electors entitled to vote by special arrangement, the Director shall seal up in a packet the marked copy of the list of elected members and record on the packet a brief description of its contents and the date on which it is sealed.
12 D. (1) An elector under preventive detention who has received a ballot paper in accordance with the instructions contained in part I of Form C-XXVN and then enclose it in the cover in Form C-XXV.
(2) The elector shall sign the declaration in Form C-XXIV in the presence of, and have the signatures attested by the Superintendent of the Jail or Commandant of the Detention camp where the elector is under detention.
12 E. (1) If an elector is unable through blindness or other physical infirmity to record his vote on a ballot paper and sign the declaration, he shall take the ballot paper, together with the declaration and the cover received by biro to an officer competent to attest his signatures under sub-rule (2) of rule 12-D and request the officer to record his vote and sign the declaration on his behalf.
(2) Such officer shall thereupon mark the ballot paper in accordance with the wishes of the elector in his presence, sign the declaration on his behalf and complete the appropriate certificate contained in Form C-XXIV.
12 F ( I ) When a ballot paper and other papers sent under rule 12 C are for any reason returned undelivered in sufficient time, the Director may re-issue them or cause them to be delivered to the elector personally by special arrangement on a request being made by him.
(2) If any elector has inadvertently dealt with the ballot paper or any of the other papers sent to him under rule 12-C in such a manner that they cannot conveniently be used, a second set of papers shall be issued to him after he has returned the spoilt papers and satisfied the Director of the inadvertence.
(3) The Director shall cancel the spoilt papers so returned and keep them in a separate packet after noting thereon the particulars of the elector and the serial numbers of the cancelled ballot papers.
12 G. (I) After an elector has recorded his vote and made his declaration under rule 12-D or rule 12-E, he shall return the ballot papers and declaration to the Director in accordance with the instructions communicated to him in Part-II of Form C-XXVII so as to reach the Director before the hour fixed for the commencement of poll on the date fixed for the poll.
(2) The Superintendent of District Jail, Delhi or the Commandant of the detention camp in which the elector is under detention shall, if so requested by the elector, arrange to send the envelope containing the ballot paper and the declaration by special arrangement to the 11
PART IV I DELHI GAZETTE EXTRAORDINARY IJ Director so as to reach the Director before the time fixed for the commencement of poll on the date fixed for the poll.
(3) If any cover containing a ballot paper is received by the Director after the expiry of the time fixed in sub-rule ( I ) , he shall note thereon the date and time of its receipt and shall keep all such covers together in a separate packet.
(4) The Director shall keep in safe custody until the commencement of the counting of votes all covers containing ballot papers received by him.
12 H. (1) The Director shall after the poll is over first deal with the postal ballot papers in the manner hereinafter provided.
(2) No cover in Form C-XXV1 received by the Director after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be counted.
(3) The other covers shall be opened one after another and as each cover is opened, the Director shall first scrutinise the declaration in Form C-XXIV contained therein.
(4) If the said declaration is not found, or has not been duly signed and attested, or is otherwise substantially defective, or if the serial number of the ballot paper as entered in it differs from the serial number endorsed on the cover in Form-XXV, that cover shall not be opened and after making an appropriate endorsement thereon, the Director shall reject the ballot paper therein contained. .
(5) Each cover so endorsed and declaration received with it shall be replaced the cover in Form C-XXVI and all such covers in Form C-XXVI shall be kept in a separate packet which shall be sealed and on which shall be recorded the particulars of the elections, the date of counting and a brief description of its contents.
(6) The Director shall then place all the declaration in Form C-XXIV which he has found to be in order in a separate packet which shall be sealed before any cover in Form C-XXV is opened and on which shall be recorded tlie particulars referred in sub-rule (5).
(7) The cover in Form C-XXV not already dealt with under the foregoing provisions of this rule shall then be opened one after another and the Director shall scrutinise each ballot paper as provided in rule 28 and decide the validity of the vote recorded thereon.
13k The Director shall at the meeting convened under section 14 proceeds for the co-option of a member/members from amongst the contesting candidates in the manner prescribed by these rules.