Place Date_ Yours faithfully, 4 2 • D E L H I G A Z E T T E E X T R A O R D I N A R Y | P A R T I V F O R M C - X X I V Dec la ra t i on by e l ec to r |See R u l e I2-D(2) a n d I 2 - E | Co-option by election of member lo the Delhi Sikh Gurdwara Management Committee under clause (b) (ivl of section 4 of the Delhi Sikh Curdwaras act, 1971.
(This side is to be used only when the elector signs the declaration himself) I hereby declare that I am an elected member from Gurdwara Ward No. _ ^ _ _ _ ^ _ _ _ ^ _ (Name) to whom ballot paper bearing serial number has been issued under special arrangement at the above election.
Date Signature of elector Address Attestation of Signature The above has been signed in my presence by (elector) who* is personally known to me/has identified to my satisfaction by (identifier) who is personally known to me Signature of identifier, if any Signature of Attesting Officer Address _ _ Designation Address Date (This side is to be used when the elector cannot sign himself) I hereby declare that I am an elected member from Gurdwara Ward No. (Name) to whom the postal ballot paper bearing serial number has been issued under special arrangement at the above election.
Date Signature of Attesting Officer on behalf of elector Address Certif icate I hereby certify that
(1) die above named elector* is personally known to me/has been identified to my satisfaction by (identifier) who is personally known to me;
(2) 1 am satisfied that the elector* is illiterate/suffers from ; (infirmity) and is unable to record his vote himself or sign his declaration;
I was requested by him to mark the ballot paper and to sign the above declaration on his behalf; and
(4) The ballot paper was marked and the declaration signed by me on his behalf in his presence and-in accordance with his wishes.
Signature of identifier, if any Signature of Attesting Officer Address Designation Address Date 'Strike off the inappropriate alternative.
•
PART IVI DELHI GAZETTE EXTRAORDINARY 4J FORM C-XXV A l _l NOT TO BE OPENED BEFORE COUNTING Co-option of member (s) to the Delhi Sikh Gurdwara Management Committee.
BALLOT PAPER Serial number of ballot paper FORM C-XXVI B | (Every officer under whose care or through whom a postal ballot paper is sent shall ensure its delivery to the addressee without delay).
ELECTION IMMEDIATE (NOT TO BE OPENED BEFORE COUNTING) For Co-option of members to the Delhi Sikh Gurdwara Management Committee.
To The Director,, Gurdwara Elections, New Delhi.
Signature of sender ° \ 44 DELHI GAZETTE EXTRAORDINARY | PART IV FORM C-XXV1I Instructions for the Guidance of Electors |See Rule I2-D| (To be used at co-option of member (s) to the Delhi Sikh Gurdwaras Management Committee under clause (b) (iv) of section 4 of the Delhi Sikh Gurdwaras Act, 1971).
The persons whose names are printed on the ballot paper sent herewith are candidates at the above election. If you desire to vote, you should record your vote in accordance with the directions given in Part I below and then follow the instructions detailed in Part II:
Part I - Directions to Electors
1. The number of members to be elected is _.
Vote by placing the figure I in the space opposite the name of the candidate to whom you wish to vote. Place the figure 1 opposite the name of one candidate only (although there are more members than one to be elected).
3. You may indicate your relative preference for the other candidate by placing in the spaces opposite their names the figures 2,3,4 etc. in order of such preference.
4. Do not place more than one figure opposite the name of any candidate and do not place the same figure opposite the names of more candidates than one.
5. An elector under preventive detention shall obtain the attestation of his signatures on the declaration in Form C-XXTV by the Superintendent of the Jail or the Commandant of the detention camp, in which be is under detention.
Par t U - Instructions for Electors
1. After you have recorded your vote on the ballot paper, place the ballot paper in the small cover marked 'A ' sent herewith. Close the cover and secure it by seal or otherwise.
2. You have then to sign the declaration in Form C-XXJV also sent herewith, in the presence of an officer competent to attest your signatures. (See direction 5 above). Take the declaration to any such officer and sign it in his presence after he has been satisfied about your identity. The Officer will attest your signatures and return the declaration to you. You must not show your ballot paper to the attesting officer nor tell him how you have voted.
3. If you are unable to mark the ballot paper and sign the declaration yourself in the manner indicated above by reason of illiteracy, blindness or other infirmity, you are entitled to have your vote marked and the declaration signed on your behalf by an officer mentioned in item 2 . Such an officer will at your request mark the ballot paper in your presence and in accordance widi your wishes. He will also complete the necessary certificate in this behalf.
4. After your declaration has been signed and your signature has been attested in accordance with item 2 or item 3, place the declaration in Form C-XXIV as also the smaller cover marked 'A' containing the ballot paper, in Ule larger covci mdikcd D". After closing tho larger cover, send it to th« Director by registered post or by messenger .
5. You must ensure that the cover reaches the Director before* on (date).
6. Please note that:
(i) If you fail to get your declaration attested or certified in the manner indicated above, your ballot paper will be rejected; and
(ii) if the cover reaches the Returning Officer after * on the (date) your vote will not be counted.
PART IV| DELHI GAZETTE EXTRAORDINARY IS
7. Any ballot paper on which the figure I is not marked or on which the figure I is set opposite the name of more than one candidate or is so placed as to render it doubtful to which candidate it is intended to apply, or on which the figure I and some other Figure are set opposite the name of the same candidate or on which the same figure is set opposite the name of more candidate than one, or on which the signatures of the elector is not duly attested or the number of which does not agree with the number of the ballot paper entered on the cover in which it is placed, will be rejected.
•Here specify the hour and the date fixed for the commencement of counting of votes.
" • " • • • • > • • T O RELEVANT PROVISIONS OF THE DEUU MUNICIPAL CORPORATION ACT, 1957 REGARDING ELECTION DISPUTES, CORRUPT PRACTICES AND ELECTORAL OFFENCES IN RESPECT OF CO-OPTION OF MEMBERS TO THE DELHI SIKH GURDWARA MANAGEMENT COMMITTEE.
LAW AND JUDICIAL DEPARTMENT NOTIFICATION .
Delhi, the 25th February, 1975.
No. F.I 8/29/73- JudL (i) - In exercise of the powers conferred by Section 31 of the Delhi Sikh Ourdwaras Act, 1971 (82 of 1971) read with the Government of India, Ministry of Home Affairs, New Delhi Notification S.O. No. U-l !030/7/74-{i)-UTL dated 15th October, 1974 and Notification No. U-l 1030/7/74- (ii>UTL dated the 15th October, 1974, the Administrator is pleased to direct that the provisos of Section 15, 16, 17, 18, 19, 20 ,22, 24, 27, 28, 29 and 30 of the Delhi Municipal Corporation Act, 1957 shall apply in relation to the settlement of disputes regarding elections, corrupt practices and electoral offences in respect of co-option of members of the Delhi Sikh Gurdwaras Management Committee with the following modifications namely— > • • . . , , , THE DELHI MUNICIPAL CORPORATION ACT 1957.
(Relevant sections appl icable to the D S C M C (Co-option of members) Rules. 1974.
Disputes regarding elections
15. Election petitions - (1) No co-option of a member shall be called in question except by an election petition presented to the Court of the District Judge of Delhi within fifteen days from the date of the publication of the result of co-option under sub- rule (4) of rule 5, sub-rule (4) of rule 10 and rule 39 of the Delhi Sikh Gurdwara Management Committee (co-option of members), Rules, 1974, as the case may be.
(2) An election petition calling in question any such co-option may be presented under any of the grounds specified in Section 17 —
(a) in case of co-option under sub-clause (iv) of clause (b) of Section 4 of the Delhi Sikh Gurdwaras Act, 1971, by any candidate at such co-option; or
(b) in case of co-option under sub-section (i) of clause (b) of section 4 of the Delhi Sikh Gurdwaras Act, 1971, by any person whose name is entered as President of a registered Singh Sabha of Delhi in list in Form C-II; or
(c) by any elected member of the Committee.
(3) A petitioner shall join as respondents to his petition, all the candidates at the election;
(4) An election petition -
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; and - (c) shall be signed by the petitioner and verified in the manner laid down in the Code of the Civil Procedure, 1908 (5 of 1908) for the verification of pleadings.
16. Relief that may be claimed by the petitioner- (1) A petitioner may claim -
(a) a declaration that the co-option of all or any of the returned candidates is void; and
(b) in addition thereto, a further declaration that he himself or any other candidate has been duly co-opted, * (2) The expression "returned candidate" means a candidate whose name has been published in the Official Gazette under sub-rule (4) of rule 5, sub-rule (4) of rule 10 or rule 39 of the Delhi Sikh Gurdwara Management Committee (co-option of members) Rules, 1974, as the case may be.
17. Grounds for declaring elections to be void - (1) Subject to the provisions of sub-section (2), if the court of the District Judge is of the opinion- .
DELHI MUNICIPAL CORPORATION ACT 1957
(a) that on the date of his co-option, a returned candidate was not qualified or was disqualified, to be co-opted as a member under the Delhi Sikh Gurdwaras Act, 1971; or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or
(c) that in case of co-option under the provision of sub-clause (iv) of clause (b) of section 4 of the Delhi Sikh Gurdwara Act, 1971, any nomination paper has been improperly rejected or that registration of a President of registered Singh Sabha has been improperly refused in case of co-option under clause (i) of clause (b) of the said section; or
(d) that the result of the co-option, in so far as it concerns a returned candidate, has been materially affected -
(i) by the improper acceptance of any nomination; or
(ii) by any corrupt practice committed in the interest of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent; or
(iii) by the improper acceptance or refusal of any vote or reception of any vote which is void; or
(iv) by the non-compliance with the provisions of Delhi Sikh Gurdwaras Act, 1971 or of any rules or orders made thereunder;
the court shall declare the election of the returned candidate to be void.
(2) If in the opinion of the court, a returned candidate has been guilty by an agent of any corrupt practice, but the court is satisfied -
(a) that no such corrupt practice was committed at the co-option by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate and for improper registration of President of a registered Singh Sabha; or
(b) that the candidate took all reasonable means for preventing the commission of corrupt practice at the co-option and for improper registration of President of a registered Singh Sabha; or
(c) that in all other respects the co-option was free from any corrupt practice on the part of the candidate or any of his agents and for improper registration of President of a registered Singh Sabha, then the court may decide mat the co-option of the returned candidate is not void.
OKI.Ill MUNICIPAL CORPORATION ACT, 1957 J
18. Procedure to be followed by the district judge - The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed by the court of the district judge as far as it can be made applicable in the trial and disposal of an election petition under the Delhi Sikh Gurdwaras Act,
1971.
19. Decision of the district j u d g e - (1) At the conclusion of the trial of an election petition, the court of the district judge shall make an order -
(a) dismissing the election petition; or
(b) declaring the co-option of all or any of the returned candidates to be void; or
(c) declaring the co-option of all or any of the returned candidates to be void and the petitioner and any other candidates to have been duly co-opted.
(2) If any person who has filed an election petition has, in addition to calling in question the cooption of the returned candidate, claimed declaration that he himselfor any other candidate has been duly coopted and the court of the district judge is of opinion -
(a) that in fact the petitioner or such other candidate received the quota of the valid votes; or
(b) diat but for the votes obtained by the returned candidate die petitioner or such other candidate or such other candidate would have obtained the quota of the valid votes.
The court shall, after declaring the co-option of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly co-opted.
20. Procedure in case of equality of vo tes - If during the trial of an election petition it appears that mere is an equality of votes between any candidates at die co-option and diat the addition of a vote would entitie any of those candidates to be declared co-opted, then die court of die district judge shall decide between diem by lot and proceed as if me one on whom die lot falls had received an additional vote.
Corrupt practices and electoral offences
22. Corrupt practice - The following shall be deemed to be corrupt practices for me purposes of die Delhi Sikh Gurdwaras Act, 1971.
(1) 'Bribery' as defined in clause (1) of section 123 of the Representation of die People Act, 1951 (43 of 1951)* [Except diat the words and figure "and duly entered in die account of election expenses referred to in Section 78" appearing at die end of die explanation of clause (I) (B) shall be omitted].
4 DELHI MUNICIPAL CORPORATION ACT 1957
(2) Undue influence as defined in clause (2) of the said Section.
(3) The systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, creed or sect or, the use of or appeal to, national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election.
(4) The publication by a candidate or his agent or by any other person of any statement of fact which is false, and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate or who is entered in the list in Form C-II as President of a registered Singh Sabha or any member of the Sikh Community of Delhi, who is a prospective candidate for such co-option as a member under sub-clause (iv) of clause (b) of section 4 of the Delhi Sikh Gurdwara Act, 1971, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate's co-option.
(5) Omitted.
(6) The holding of any meeting in which intoxicating liquors are served.
(7) The issuing of any circular, placard or poster having a reference to the co-option which does not bear the name and address of the printer and publisher thereof.
(8) Any other practice, which the Central Government may by rules, specify to be a corrupt practice.
24. Officers e t c at elections not to act for candidates or to influence voting - (1) No person who is election officer or an officer or clerk appointed by the Director to perform any duty in connection with cooption or a member of a police force, shall in the conduct or management of the co-option do any act (other than the giving of votes) for the furtherance of the prospects of the co-option of a candidate.
(2) No such person as aforesaid shall endeavor -
(a) to persuade any person to give his vote at a co-option; or
(b) to dissuade any person from giving his vote at a co-option; or
(c) to influence the voting of any person at a co-option in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
27. Penalty for misconduct at the polling station - (1) Any person who during the hours fixed for the poll at any polling station, misconducts himself or fail to obey the lawful directions of the Director, may be removed from the polling station by the Director or by any police officer on duty or by any person authorized in this behalf by the Director.
THE DELHI MUNICIPAL CORPORATION ACT, 1957 5
(2) The powers conferred by sub-section ( I ) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person, who has been so removed from a polling station, re-enter the polling station without the permission of the Director, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
28. Breaches of official duty in connection with co-option- (1) If any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine, which may extend to five hundred rupees.
(2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are election officer and any other person appointed to perform any duty in connection with the co-option and the expression "official duty" shall for the purposes of this section be construed accordingly.
29. Removal of ballot papers from polling station to be an offence - (1) Any person who at an cooption fraudulently takes or attempts to take a ballot paper out of a polling station, or willfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year; or with fine which may extend to five hundred rupees, or with both.
(2) If the Director has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for' safe custody to a police officer by the Director or when the search is made by a police officer, shall be kept by such officer in safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.
30. o tbc r oircnccj ami penalties iiicicfur- ( I ) A person snail be guilty of an electoral offence if at any co-optiontie-
(a) fraudulently defaces or destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the Director; or 6 T H E DELHI MUNICIPAL CORPORATION ACT. 1957
(c) fraudulently defaces or destroys any ballot paper or the official mark on any ballot paper, or
(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or
(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper then in use for the purposes of the election; or
(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing act or willfully aids or abets the doing of any such acts.
(2) Any person guilty of an offence under this section shall-
(a) if he is election officer or any other officer or clerk employed on official duty in connection with the co-option, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(b) if he is any other person, be punishable with imprisonment for a term, which may extend to six months, or with fine, or with both.
(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of any co-option or part of a co-option including the counting of votes or to be responsible after a co-option for the used ballot papers and other documents in connection with such co-option.
(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.
(5) No court shall take cognizance of any offence under section 24, or under section 28, or under clause
(a) of sub-section (2) »f this section, unless there is a complaint made by order of, or under authority from, the Director, Gurdwara Elections.