The reasonable expenses incurred by any person in attending to give evidence may be allowed by the District Judge to such person and shall, unless he otherwise directs, be deemed to be part of the costs.
123. Recrimination when seat claimed:
(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:
Provided that the returned candidate or such other party, as aforesaid, shall not be entitled to give such evidence unless he has, within fourteen days from the date of commencement of the trial, given notice to the District Judge of his intention to do so.
(2) Every notice referred to in sub-rule (1) shall be accompanied by the statement and particulars required by rule 114 in the case of an election petition and shall be signed and verified in like manner.
Explanation: For the purposes of this sub-rule and of rule 122, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the District Judge and answer the claim or claims made in the petition.
124. Decision of the District Judge: At the conclusion of the trial of an election petition, the District Judge shall make an order –
(a) dismissing the election petition; or
(b) declaring the election of the returned candidate to be void; or
(c) declaring the election of the returned candidate to be void and the Petitioner or any other candidate to have been duly elected.
125. Other orders to be made by the District Judge: At the time of making an order under rule 124, the District Judge shall also make an order –
(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recordingi ) A finding whether any corrupt practice has or has not been proved to have been committed at the election, and the nature of that corrupt practice; and ii) The names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and
(b) Fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid:
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Provided that a person who is not a party to the petition shall not be named in the order under sub-clause(ii) of clause (a) unless he has been given notice to appear before the District Judge and to show cause why he should not be so named; and been given an opportunity of cross-examining any witness who has already been examined by the District Judge and has given evidence against him, of calling evidence in his defence and of being heard.
126. Grounds for declaring election to be void :
(1) Subject to provisions of sub-rule (2), if the District Judge is of opinion-
(a) that on the date of his election, the returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Regulation; or
(b) that any corrupt practice has been committed by the returned candidate or his election agent or by any other person with the consent of the returned candidate or his election agent; or
(c) that any nomination has been improperly rejected; or
(d) that the result of the election in so far as it concerns the returned candidate, has been materially affectedi ) by the improper acceptance of any nomination; or ii) by any corrupt practice committed in the interests of the returned candidate by an agent other than his election agent; or iii) by the improper receipt, refusal or rejection of any vote or the receipt of any vote which is void; or iv) by any non-compliance with the provisions of the Regulation or of these rules or orders made thereunder. The District Judge shall declare the election of the returned candidate to be void.
(2) If in the opinion of the District Judge, the returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice, but the District Judge is satisfied-
(a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent, of the candidate or his election agent;
(b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and
(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, Then the District Judge may decide that the election of the returned candidate is not void.
Explanation:- In this the expression ‘agent’ has the same meaning as in section 124 of the Representation of the People Act,1951.
127. Grounds for which candidate other than the returned candidate may be declared to have been elected: If any person who has lodged a petition has, in addition, to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the District Judge is of opinion- SERIES - I (2015) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 50) Page -42
(a) That in fact the petitioner or such candidate received a majority of the total valid votes, or
(b) That but for the votes obtained by the returned candidate by corrupt practices, the petitioner or such other candidate would have obtained a majority of the valid votes;
the District Judge shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.
128. Procedure in case of equality of votes: If during the trial of an election petition, it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then –
(a) Any decision made by the Returning Officer under the provision of the Regulation and these rules shall, in so far as it determines the question between those candidates be effective also for the purposes of the petition; and
(b) In so far as that question is not determined by such a decision, the District Judge shall decide between them by lot and proceed as if the one on whom the lot then falls has received an additional vote.
129. Withdrawal of election petitions: (1) An election petition may be withdrawn only by leave of the District Judge.
(2) Where an application for withdrawal is made under sub-rule (1), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition.
130. Procedure for withdrawal of election petitions: (1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.
(2) No application for withdrawal shall be granted if, in the opinion of the District Judge, such application has been induced by any bargain or consideration which ought not to be allowed.
(3) If the application is granted, the petitioner may be ordered to pay the costs of the respondents incurred or such portion thereof as the District Judge may think fit;
131. Report of withdrawal by the District Judge to the Commission :
When an application for withdrawal is granted by the District Judge, the Returning Officer shall report the fact to the Commission within 7 days of the receipt of the decision of the court.
132. Abatement of election petitions:
(1) An election petition shall abate only on the death of a sole petitioner or of the survivor of the several petitioners.
(2) Where an election petition abate under sub-rule (1), the District Judge shall cause the fact to be published in such manner as he may deem fit.
(3) Any person who might himself have been a petitioner may, within seven days of such publication, apply to be substituted as petitioner and upon compliance with the conditions if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the District Judge may deem fit.
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133. Abatement or substitution on death of respondent :
If before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, the District Judge may issue public notice of such event, and thereupon any person who might have been a petitioner may, within fourteen days of such public notice, apply to be substituted in place of such respondent to oppose the petition and shall be entitled to continue the proceedings upon such terms as the District Judge may deem fit.
134. Appeals to High Court :(1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the High Court from every order made by a District Judge under rules 124.
(2) Every appeal under these rules shall be preferred within a period of thirty days from the date of the order of the District Judge under rules 124 and 125.
Provided that the High Court may entertain appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.
135. Stay of operation of orders of District Judge :
(1) An application may be made to the District Judge for stay of operation of an order made by him under rule 124 or rule 125 before the expiration of the time allowed for appealing therefrom and the District Judge may, on sufficient cause being shown and on such terms and conditions as he may think fit, stay the operation of his order, but no application for stay shall be made to the District Judge after an appeal has been preferred to the High Court.
(2) Where an appeal has been preferred against the order of the District Judge, the High Court may, on sufficient cause, being shown and on such terms and conditions as it thinks fit, may stay the operation of the order appealed from.
(3) When the operation of an order is stayed by the District Judge, or as the case may be, the High Court, the order shall be deemed never to have taken effect.
136. Procedure in appeal: (1) Every appeal shall be heard and determined by the High Court as nearly as may be in accordance with the procedure applicable to the hearing and determination of an appeal from an order passed by a District Judge in the exercise of its original Civil Jurisdiction, and all the provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, so far as may be apply in relation to such appeal.
(2) As soon as an appeal is decided, the Returning Officer shall intimate the substance of the decision to the Commission and the Director of Panchayats Elections and as soon as may be thereafter shall send to the Commission an authenticated copy of the decision.
137. Security for costs :
(1) At the time of presenting an election petition, the petitioner shall deposit in the District Court in accordance with the rules of that Court, a sum of rupees two thousand as security for the costs of the petition.
(2) During the course of trial of an election petition, the District Judge may, at any time, call upon the petitioner to give such further security for costs as he may direct.
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138. Costs :Costs shall be at the discretion of the District Judge:
Provided that where a petition is dismissed under clause (a) of rule 124, the returned candidate, entitled to the costs incurred by him in contesting the petition and accordingly the District Judge may make an order for costs in favour of the returned candidate.
139. Payment of costs out of security deposits and return of such deposits: (1) If in any order as to cost under the provisions of these rules, there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if any, made by such party on an application made in writing in that behalf within a period of one year, from the date of such order to the District Judge by the person in whose favour the costs have been awarded.
(2) If there is any balance left or any of the said security deposits after payment under sub-rule (1) of the costs referred to in that sub-rule, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of one year, the whole of the said security deposits may, on an application made in that behalf in writing to the District Judge by the person by whom the deposits have been made, or if such person dies after making such deposits by legal representatives of such person, be returned to the said person or to his legal representatives, as the case may be.
140. Execution of orders as to costs :Any order as to costs under the provisions of these rules may be produced before the concerned court and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by it in a suit:
Provided that where any such costs or any portion thereof may be recovered by an application made under sub rule (1) of rule 139, no application shall lie under this rule within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unclaimed after an application has been made under that sub-rule owing to the insufficiency of the amount of the security deposits referred to in that sub-rule.
CHAPTER - XIX CORRUPT PRACTICES AND OTHER MATTERS
141. Corrupt Practices :The corrupt pract ices speci fied in sect ion 123 of the Representation of the People Act, 1951 (43 of 1951) shall be deemed to be the corrupt practices for the purposes of elections to any Village Panchayat, and the District Panchayat, with such modifications, as the Administrator may, by one or more orders to be published in the Official Gazette, specify, from time to time.
142. Promotion enmity between classes in connection with election: No person shall in connection with an election under the Regulation and these rules, promote or attempt to promote on grounds of religion, caste, race, community or language, feelings of enmity or hatred between different classes of the citizens of India.
143. Failure to observe procedure for voting: If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting, the ballot paper issued to him shall be liable for cancellation.
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CHAPTER – XX POWERS OF COMMISSION IN CONNECTION WITH INQUIRIES TO DISQUALIFICATIONS OF MEMBERSHIP AND EXTENSION OF THE TIME FOR COMPLETION OF ELECTION.
144. Powers of Election Commission: (1) Where in connection with the tendering of any opinion to the Administrator under Rule 21, the Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such enquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a Code of Civil Procedure, 1908 ( 5 of 1908), in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document or other material object produceable as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any court or office; and
(e) issuing commissions for the examination of witnesses or documents.
(2) The Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject matter of the inquiry.
(3) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860).
145. Statement made by persons to the Commission: No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any Civil or Criminal proceeding, except a prosecution for giving false evidence by such statement :
Provided that the statement –
(a) is made in reply to a question which he is required by the Commission to answer ; or
(b) is relevant to the subject matter of the inquiry.
146. Procedure to be followed by the Commission: The Commission shall have the power to regulate its own procedure (including fixing of places and times of its sittings and deciding whether to sit in public or in private).
147. Protection of action taken in good faith: No suit, prosecution or other legal proceeding shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing of this chapter or of any order made thereunder or in respect of tendering of any opinion by the Commission to the Administrator or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.
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148. Extension of time for completion of election: It shall be competent for the Commission for reasons which it considers sufficient, to extend the time for the completion of any election by making necessary amendments, in the notification issued by it.
149. Repeal and Savings :As from the date of commencement of these Rules, the Dadra and Nagar Haveli Village (Panchayats) (Election Procedure) Rules,1995 will stand repealed:
Provided that such repeal shall not affect any provision in these rules which is not in consistent with the provisions of the Regulation or these Rules, unless and until that provision is superseded by any law.
By order and in the name of the Administrator of Daman, Diu and Dadra and Nagar Haveli Deputy Secretary (PRI) Dadra and Nagar Haveli No. DP/CEO/Election procedure Rules/2014/ Silvassa, Date:- /01/2015.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 47 FORM 1 (See rule 12 ) Notice of publication of electoral roll in draft To The Electors of the …………………………………………….. Ward of ………………………………. Gram Panchayat/District Panchayat.
Notice is hereby given that the electoral roll has been prepared in accordance with rule 12 of Dadra and Nagar Haveli (Panchayats) (Election Procedure) Rules,2013 and a copy thereof is available for inspection at my office and at ……………………………… during office hours.
If there be any suggestion or objection to the inclusion or exclusion of names of voters residing within the territorial limits of the said ward, as appear in the electoral roll relating to the House of the People Constituency, it should be lodged on or before …………………………. In Form 2.
Every such suggestion or objection ( in duplicate) should either be presented in my office or to ……………………… or sent by post to the address given below so as to reach me not later than the aforesaid date.
Electoral Registration Officer, Date…………………… (Address) …………………… SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 48 FORM 2 [See rule 13] Suggestion or objection to the inclusion or exclusion of name or voters residing in the territorial limits of………………… ward of ………………….Village Panchayat / District Panchayat.
To The Electoral Registration officer, ……………….. ward.
Sir, *I/We request that the names of voters residing in the following houses falling within the territorial limits of ………………. Ward may be included/excluded as these houses are within/outside the territorial limit of the Panchayat.
Place: …………………………….
Signature or thump impression of the *applicant/applicants …………………………(perforation) …………………… Intimation of action taken The application in Form 2 relating to inclusion/exclusion of names of voters residing in the following houses has been – *a) Accepted and their names have been included in/excluded from the electoral roll vide Serial No…………………. in part No. ……………………….
*b) Rejected for the reason …………………………………………………… *House Nos.
1.
2.
3.
4.
5.
……………………………… (perforation )…………………… Receipt for application Received the application in Form 2 relating to the following house numbers :- *
1. 5.
2. 6.
3. 7.
4. 8.
Electoral Registration Officer (Address) …………………………… ……………………………………….
Date: ………………………… * Score out the words not applicable ** To be filled in by applicant.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 49 FORM 3 [See rule 15 ] Notice of final publication of electoral roll It is hereby notified for public information that the list of amendments to the draft electoral roll for the …………………. Ward has been prepared in accordance with the Dadra and Nagar Haveli(Panchayats) (Election Procedure) Rules,2013. A copy of the said roll has been published and will be available for inspection at my office.
…………………………………….
Electoral Registration Officer ( Address) ……………………….
…………………………………… Place : ………………… Dated: ………………… SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 50 FORM 4 [See rule 30 ] NOTICE OF ELECTION Notice is hereby given that :-
1. An election is to be held of a member to ……………….. ward of ………………… Village Panchayat/District Panchayat.
2. Nomination papers may be delivered by a candidate or his proposer to the Returning Officer, at ……………………………….. or to the Assistant Returning Officer, at ……………………… between at 11.00 a.m. and 3.00 p.m. on any day (other than a public holiday) not later than the ……………………………………
3. Forms of nomination paper may be obtained at the place and time aforesaid:
4. The nomination papers will be taken up for scrutiny at (place) …………………….. on ………………. at (time) …………………………….
5. Notice of withdrawal of candidature may be delivered by a candidate or his proposer or his election agent who has been authorized in writing by the candidate to deliver it to either of the officers specified in paragraph 2 above at his office before 3.00 p.m. in the ……………………………………………………
6. In the event of the election being contested, the poll will be taken on …………… between the hours of ……………………… and ………………………… Place: ……………..
Date: ……………… Returning Officer X Strike off inappropriate words.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 51 FORM 5 [See rule 32 ] NOMINATION PAPER Election to the ………………………ward of ………………………..Village Panchayat/ District Panchayat.
I nominate as a candidate for election to the ………………….. Village Panchayat/ District Panchayat.
Candidate’s Name : ……………………………………….
Father’s/Husband’s Name : ……………………………………… His postal address : ……………………………………….
His name is entered at S. No…………….. in part No. ………………… of the electoral roll for …………….. Ward.
My name is ……………………………………. and it is entered at S. No……….. in part No………………. of the electoral roll for ………………… ward.
Dated: ……………….. Signature of Proposer I, the above-mentioned candidate, assent to this nomination and hereby declare:
(a) That I have completed 21 years of age;
(b) That I am set up at this election by the ……………………………. Party
(c) That the symbols I have chosen are, in order of preference
(i)……………………………………… (ii) ……………………………….. and (iii) ………………………………..
(d) That my name and my father’s/husband’s name have been correctly spelt out above in ………………………. (name of the language).
(e) That to the best of my knowledge and belief. I am qualified and not also disqualified for being chosen to fill the seat in the …………………………… * I further declare that I am a member of the ______________ caste which is a Scheduled Caste in the Union Territory.
* I further declare that I am a member of the ______________ tribe which is a Scheduled Tribe in the Union Territory.
* I further declare that I am a woman.
Cash deposit Receipt bearing No……………. dated ………………. for rupees …………………………. Is attached/has already been attached with my nomination paper received at S. No. …………………..
Dated:…………… (Signature of candidate) *Score out the inappropriate alternative.
(To be filled by the Returning Officer) Serial No. of nomination paper …………………………….
This nomination was delivered to me at my office at ………………….(hour) on ………………..(date) by the *candidate/proposer.
Date: …………………… Returning Officer SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 52 Decision of Returning Officer accepting or rejecting the nomination paper.
I have examined this nomination paper in accordance with rule 36 of the Dadra and Nagar Haveli(Panchayats) (Election Procedure) Rules, 2013 and decide as follows:- Date: ……………….. Returning Officer ………………………………… (perforation) …………………………………………………...
Receipt for Nomination paper and notices of scrutiny (To be handed over to the person presenting the nomination paper) Serial No. of nomination paper………………..
The nomination paper of ……………………………………………. a candidate in election from …………………ward of the Village Panchayat / District Panchayat was delivered to me at my office at ……………… (hours) on ………………(date) at …………………(place) Date:…………………. Returning Officer * Score out the words not applicable.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 53 FORM 6 (See para 35) NOTICE OF NOMINATION Election to the ……………………………………………………………………..……. Gram Panchayat / District Panchayat from Constituency :
Notice is hereby given that the following nominations in respect of the above election have been received upto 3.00 p.m. today Sr.No.
of nomina tion paper Name of candi date Age of candid ate Addr ess Party affiliat ion Wheth er the candid ate is a woma n Particu lars of caste belong ing to Schedu le castes.
Particu lars of tribes for candid ates belong ing to Schedu led tribes Electo ral roll No. of candid ate.
Name of propo ser Elect oral roll No.
of propo ser 1 2 3 4 5 6 7 8 9 10 11 Place:
Date:…………………. Returning Officer SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 54 FORM 7 [See rules 36(8) and 36(9)] LIST OF VALIDITY NOMINATED CANDIDATES Election to the ………………………………………............Village Panchayat / District Panchayat from ……………………………. Ward.
…………………………………………………………………………………………………… Sr. Name of Candidate Name of Address Party No. father/husband of the affiliation Candidate …………………………………………………………………………………………………..
(1) (2) (3) (4) (5) …………………………………………………………………………………………………..
Place: ………………….. Returning Officer Date:……………………..
* Strike off the inappropriate alternative SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 55 FORM 8 [ See rule 37(1) ] Notice of withdrawal of candidature Election to the Village Panchayats/District Panchayat ……………………………ward.
To The Returning Officer, I, …………………………………………………….A candidate validly nominated at the above election do hereby give notice that I withdraw my candidature.
Place: ……………… Date: ……………… Signature of validly Nominated candidate This notice was delivered to me at my office at …………………….(hour) on …………………… (date) by ………………………………………. (Name) the * ………… Date: ……………… Returning Officer ------------------------------------------------------------------------------------------------------------------- RECEIPT FOR NOTICE OF WITHDRAWAL ( To be handed over to the person delivering the notice ) The notice of withdrawal of candidature by a validity nominated candidate at the election to the Village Panchayats / District Panchayat from ………………….ward was delivered to me by the * ……………………………………………… at my office at ……………………… (hour) on ……………………… (date).
Returning Officer ------------------------------------------------------------------------------------------------------------------- * Here insert one of the following alternatives as may be appropriate
(1) Candidate.
(2) Candidate’s proposer who has been authorized in writing by the candidate to deliver it.
(3) SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 56 F O R M 9 [ See rule 38(1) ] LIST OF CONTESTING CANDIDATES Election to Village Panchayat / District Panchayat from ………………………………..
ward.
------------------------------------------------------------------------------------------------------------------- Sr. Name of candidate Address of Party Symbol No. candidate affiliation allotted -------------------------------------------------------------------------------------------------------------------
(1) (2) (3) (4) (5) -------------------------------------------------------------------------------------------------------------------
1.
2.
3.
4.
5.
6.
7.
8.
It is hereby declared that the poll will be taken on ………………………(date) between the hours of ……………………… and …………………… at the polling stations.
Place: ……………… Dated: ……………… * Strike off the inappropriate alternatives.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 57 F O R M 10 [ See rule 40(1) ] APPOINTMENT OF ELECTION AGENT Election to Village Panchayat / District Panchayatfrom …………………………………. Ward.
To The Returning Officer ……………………….. (Ward) I, ………………………………………………………………………………………a candidate at the above election do hereby appoint …………………………………. of …………………………………… my election agent from this day at the above election.
Place:
Date:
Signature of the candidate I ACCEPT THE ABOVE APPOINTMENT Place:
Date:
Signature of Election Agent.
APPROVED Signature and seal of the Returning Officer ------------------------------------------------------------------------------------------------------------------- Note:- To be submitted to the Returning Officer in duplicate * Strike off the inappropriate alternatives.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 58 F O R M 11 [ See rule 40(3) ] Revocation of Appointment of Election Agent Election to Village Panchayat / District Panchayat from the ………………….Ward.
To The Returning Officer I, ………………………………………………………………………a candidate at the above election, hereby revoke the appointment of ………………. …………………………. my election agent.
Place:
Date:
Signature of the candidate ------------------------------------------------------------------------------------------------------------------- * Strike off the inappropriate alternatives.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 59 F O R M 12 [ See rule 41(1) ] APPOINTMENT OF POLLING AGENT Election to Village Panchayat/District Panchayat from…………………………. Ward.
I, …………………………………………………………………… a candidate/ the election agent of ………………………………………………………. who is a candidate at the above election do hereby appoint ……………………………………………… ………………………………………………………………(name and address) as a polling agent to attend polling station No………………………. fixed for the poll …………………………………….. at ………………………………………..
Place:
Date: Signature of Candidate/ Election agent.
I agree to act as such polling agent Place:
Date:
Signature of polling agent.
DECLARATION OF POLLING AGENT TO BE SIGNED BEFORE PRESIDING OFFICER I hereby declare that at the above election, I will not do anything forbidden by the Dadra and Nagar Haveli (Panchayats) (Election Procedure) Rules, 2013 which I have read/ have been read over to me.
Date: Signature of polling agent SIGNED BEFORE ME Presiding Officer ------------------------------------------------------------------------------------------------------------------- * To be handed over to the polling Agent for production at the polling station fixed for the poll.
** Strike off the inappropriate alternatives.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 60 F O R M 13 [ See rule 41(4) Revocation of Appointment of Polling Agent Election to Village Panchayat/District Panchayat from ………………………ward.
To The Presiding Officer, _____________________________ _____________________________ I, ………………………………………………………………. a ** candidate/election agent of ……………………………………… at the above election, hereby revoke the appointment of ………………………………………. ** my/his polling agent.
Signature of the Candidate **/Election Agent.
Place:
Date:
______________________________________________________________________ ** Strike off the inappropriate alternatives.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 61 F O R M 14 [See rule 42(1) ] Appointment of Counting Agents Election to ……………………………………………………………….. Village Panchayat/ District Panchayat from ……………………………………. Ward.
To The Returning Officer, ………………………………… ……………………………….
I, ……………………………………………………………………………….. a candidate **/the election agent of ………………………………………………….. who is a candidate at the above election, do hereby appoint the following persons as my **/his counting agents to attend the counting of votes at …………………………………………..
Name of the Address of the Counting Agent Counting Agent
1.
2.
3.
etc. Signature of the candidate**/ Election Agent.
We agree to act as such counting agents.
1.
2.
3.
etc.
Place:
Date: Signature of the counting agents.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 62 Declaration of the Counting Agents ( To be signed before the Returning Officer ) We hereby declare that at the above election we will not do anything forbidden by Dadra and Nagar Haveli(Panchayats) (Election Procedure) Rules, 2013 which we have read**/has been read over to us.
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Date : Signature of the counting agents Signed before me Date:
Signature of the Returning Officer --------------------------------------------------------------------------------------------------------------------- ** Strike off the inappropriate alternative.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 63 F O R M 15 [ See rule 42(3) ] Revocation of appointment for Counting Agent.
Election to …………………………………………………… Village Panchayat/ District Panchayat from the …………………………………………………………….. ward.
To The Returning Officer ……………………………..
…………………………….
…………………………….
I, ……………………………………………………………………. a candidate **/the election agent of ………………………………………………………. who is a candidate at the above election hereby revoke the appointment of …………………………………………………..
my **/his counting agent.
Place:
Date:
Signature of the Candidate**/ Election Agent ------------------------------------------------------------------------------------------------------------------- ** Strike off the inappropriate alternatives.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 64 F O R M 16 [ See rule 63(2)(C) ] List of Challenged Votes Election to Village Panchayat/District Panchayat from the ……………………………………………………………………………………….. ward Number and name of the polling station ……………………………………………………… Serial Numb er of entry Nam e of elect or Sr.N o. of part of roll Serial No. of electo r’s name in that part Signatu re of thumb impressi on of the person challeng ed Address of the person challen ger Name of identifi er, if any Name of Challen ger Order of Presidi ng Officer Signatu re Challen ge on receive refund of deposit 1 2 3 4 5 6 7 8 9 10 ------------------------------------------------------------------------------------------------------------------- Date:
Signature of Presiding Officer * Appropriate particulars of the Election to be inserted here.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 65 F O R M 17 [ See rule 67(2) ] List of blind and infirm voters Election to Village Panchayat/District Panchayat from the ……………………………………………………………………………………….. ward Number and name of the polling station ……………………………………………………… ==================================================================== Part number & Full Name Full name of Address of Signature Serial No. of of elector companion companion of comp Elector anion ====================================================================
(1) (2) (3) (4) (5) ------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------- Date:
Signature of Presiding Officer * Strike off whichever is inapplicable.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 66 F O R M 18 [ See Rule 69(2) ] List of Tendered Votes Election to Village Panchayat/District Panchayat from ……………………………………………………………………………………………. ward Number and name of polling station:- ==================================================================== Part Number Address of Serial No. Serial No. Signature or Serial No. elector of tendered of ballot humb impression and name of ballot issued to of person elector paper the person tendering vote who has already voted ============================================================================
(1) (2) (3) (4) (5) ------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------- Dated:
Signature of Presiding Officer * Appropriate particulars of the election to be inserted here SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 67 F O R M 19 [ See rule 72(1) ] Part I : Ballot Paper Account Election to Village Panchayat/District Panchayat from the …………………………………….
…………………………………… Ward.
Number and name of polling station …………………………………..
==================================================================== __Serial Nos._____ From To Total No.
==================================================================
1. Ballot paper received __________________________ __________
2. Ballot papers unused (i.e. not issued to voters ___________________________ __________ a) With the signature of the Presiding Officer _________________________ b) Without the signature of Presiding Officer _________________________ * Total (a + b) __________
3. * Ballot paper used at the Polling station (1-2-3) __________
4. *Ballot paper used at Polling station but inserted into the Ballot Box __________ a) Ballot papers cancelled for Violation of voting procedure __________ b) Ballot papers cancelled for Other reasons. __________ c) Ballot papers used as tendered Ballot papers __________ * Total (a + b + c) __________
5. * Ballot papers to be found In the ballot box. (3 - 4 + 5) __________ * Serial number need not be given ** Strike off whichever is inapplicable.
Date:
Signature of Presiding officer SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 68
PART II RESULT OF COUNTING [See Rule 81(7)(a)] ______________________________________________________________________ I. Name of candidates No. of valid vote caste ______________________________________________________________________
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etc.
______________________________________________________________________ II. Rejected Ballot Papers ______________________________________________________________________ III Total _____________________________________________________________________ Whether the total number of ballot papers shown in Item No.III tallies with the total shown against item No. 5 of part I or any discrepancy noticed between These two totals.
_____________________________________________________________________ Place:
Date: Signature of the Counting Supervisor Place:
Dated:
Signature of the Returning Officer SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 69 (Voting by Electronic Voting Machine) Conduct of Election Rules,1961 (Statutory Rules and Order)
PART II - RESULT OF COUNTING Sr.No. Name of Candidate No. of Voters recorded
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Total Place …………..
Date ……………. Signature of Counting/Supervisor Name of candidate/election agent/counting agent Full signature
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Place …………..
Date ……………. Signature of Returning Officer SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 70 F O R M 20 [ See rule 81(7)(b) ] FINAL RESULT SHEET Election to Village Panchayat/District Panchayat from ………………………………… Ward.
_____________________________________________________________________________ Serial No. No. of valid Total No. No. of Total No. Total No.
of polling votes cast of valid Rejected of valid of tendered Station in favour of votes votes and votes Candidates rejected A B C D votes _____________________________________________________________________________
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etc.
_____________________________________________________________________________ Total votes polled _____________________________________________________________________________ Place:
Date:
Returning Officer * Strike off the words inapplicable SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 71 F O R M 21 [ See rule 88(2) ] Declaration of the result under rule 87(2) (a) of Dadra and Nagar Haveli(Panchayats) (Election Procedure) Rules, 2013.
Election to Village Panchayat/District Panchayat from ________________ Ward ** reserved for Women/Scheduled Castes/Tribes.
In the pursuance of the provisions contained in rule 87(2) (a) of Dadra and Nagar Haveli(Panchayats) (Election Procedure) Rules,2013 I declare that ………………………………………………………. (Name) ……………………………………………………….(Address) Sponsored by ……………………………………….. (name of the recognized/registered Political arty) has been duly elected o fill the seat in the said Panchayat from the above Ward.
Place:
Date:
Returning Officer ……………………………………………………………………………………………………..
** Strike off the inappropriate alternative.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 72 F O R M 21 A [ See rule 88(2) ] Declaration of the result under rule 87(2) (a) of Dadra and Nagar Haveli(Panchayats) (Election Procedure) Rules, 2013.
Election to Village Panchayat/District Panchayat from ________________ Ward In the pursuance of the provisions contained in rule 88(2) (a) of Dadra and Nagar Haveli(Panchayats) (Election Procedure) Rules,2013 I declare that …………………………………………………………… (Name) …………………………………….. (Address) sponsored by ………………………………… (Name of the recognized political party)has been duly elected to fill the vacancy caused in the above Panchayat by death of …………………………………………………………… election of …………………………………….. having been declared void and seat of…………………………………………………. Having become/having been declared vacant.
Place:
Date:
Signature of Returning Officer ……………………………………………………………………………………………………… * Score out, if inappropriate.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 73 F O R M 21 B [ See rule 39(1) ] (For use in General Election when seat is uncontested) Declaration of the Result of election under rule 39 Election to…………………………………………..Village Panchayat/District Panchayat from …………………………………….Ward.
In the pursuance of the provisions of sub-rule (1) of rule 39 of Dadra and Nagar Haveli(Panchayats) (Election Procedure) Rules,2013, I declare that ……………………… (Name sponsored by ………………………………………………………………………. (Name of the political party …………………………………………………………………….. (Address of the candidate) has been duly elected to fill the seat in that Panchayat from the above ward.
Place:
Dated:
Signature Returning Officer ……………………………………………………………………………………………………… * Score out the inappropriate words.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 74 F O R M 21 C [ See rule 39(1) ] (For use in Election to fill a casual vacancy when seat is uncontested) Declaration of the result of Election under rule 39, Election to……………………….
…………………….. ………………………………. Village Panchayat/ District Panchayat from ………………………………………… Ward.
In pursuance of the provisions contained in sub-rule (1) of rule 39 of the Dadra and Nagar Haveli(Panchayats) (Election Procedure) Rules, 2013, I declare that……………………………………………. (Name ……………………………………….
(Address) sponsored by ………………………………………………………. (Name of the political party) has been duly elected to fill the vacancy caused in that Panchayat by the * resignation/death/election of ……………………………………………………………….. (having been declared void) and the seat having been vacant.
Place:
Date:
Signature Returning Officer ……………………………………………………………………………………………………..
*Score out, if inappropriate.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 75 F O R M 22 [ See Rule 88(2) (b) ] Return of Election Election to the *……………………………………………………. Village Panchayat/ District Panchayat from the ………………………………………………. Ward reserved for ** Scheduled Tribes/Scheduled Castes/Women.
Return of Election _____________________________________________________________________________ Serial Name of Party Number of votes Number Candidates affiliation polled _____________________________________________________________________________ Total number of electors …………………………………………..
Total number of valid polled ………………………………………….
Total number of rejected votes ………………………………………… Total number of tendered votes ………………………………………… I declare that …………………………………………………… Name …………………………………………………… Address has been duly elected to fill the seat.
Place:
Dated: Returning Officer ------------------------------------------------------------------------------------------------------------------- * Appropriate particulars of the Election to be inserted here ** Strike off the inappropriate alternative.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 76 F O R M 23 [ See Rule 89 ] Certificate of Election I, Returning Officer for the * ……………………………………………………. Village Panchayat/District Panchayat from …………………………………………………… ward hereby certify that I have on the ……………………… day of………………………… 20………… declared Shri/Smt. ………………………………………………………………… of ……………………………………………………….. sponsored by ……………………………………. (name of recognized political party) to have duly elected by the said ward in the General Election/By Election to be a member of the said Panchayat and that in token thereof I have granted to him this certificate of Election.
Place:
Dated:
Returning Officer (Seal) SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 77 F O R M 24 [ See rule 115(1) ] A F F I D A V I T I, ……………………………………………………. the petitioner in the accompanying election petition calling in question the election of Shri/Shrimati………………………………………………………………….. (respondent) No.
……………………….. in the said petition) make solemnly affirmation and say:
(a) That the statement made in paragraphs …………………….. of the accompanying election petition about the commission of the corrupt practice of * Rs………………….. and the particulars of such corrupt practice mentioned in paragraphs ………………….. of the same petition and in paragraph ……………… of the schedule annexed thereto are true to my knowledge;
(b) That the statement made in paragraphs ………….. to the said petition about the commission of the corrupt practice of * …………………… and the particulars of such corrupt practice given in paragraphs ……………… of the said petition and in paragraphs ………………… of the schedule annexed thereto are true to my information:
(c)
(d) etc.
Signature of deponent Solemnly affirmed/sworn by Shri/Shrimati …………………………………… at …………………………….. this ………………day of ……………….,20 Before me Magistrate of the First Class Notary/Commissioner of Oaths ----------------------------------------------------------------------------------------------------------- * Here specify the name of the corrupt practice.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 78 F O R M 25 [ See rule 101 (1) (a)] (Voting by Electronic Voting Machine) Register of Voters Election to the Village Panchayat / District Panchayat from ……………………………………………………………………………………………….Ward and Name of Polling Station …………………………………..
Part No. of Electoral Roll…………………………… _____________________________________________________________________________ Sl No. Sl. No. of elector Signature /Thump Remarks In the electoral impression of roll elector _____________________________________________________________________________
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______________________________________________________________________ Signature of the Presiding Officer SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 79 F O R M 26 [ See rule 106(1)(b) ] (Voting by Electronic Voting Machine)
PART I. – ACCOUNT OF VOTES RECORDED Election to the Village Panchayat / District Panchayat from ……………………………………………………….Ward and Name of Polling Station ………………………Identification No. of Voting Control Unit ……………………………….
Machine used at the Polling Station Balloting Unit i. Balloting unit _________ ii. Control unit __________
1. Total No. of electors assigned to the Polling Station
2. Total No. of voters as entered in the Register for Voters (Form 25)
3. No. of voters deciding not to reord votes under Rule 96- F
4. No. of voters not allowed to vote under Rule 96-F
5. Total No. of votes recorded as per voting machine
6. Whether the total No. of votes as shown against item 5 tallies with the total No. of voters as shown against item 2 minus No. of voters deciding not to record votes against item 3 minus No. of Voters as against item 4 (2- 3-4) of any discrepancy noticed
7. No. of voters to whom tendered ballot papers were issued
8. No. of tendered ballot papers Sl. No. From
(a) received for use _______________
(b) issued to electors ______________
(c) not used and returned __________ To _____________ _____________ _____________
9. Account of papers seals Sl. Nos.
From……….. To ………… Signature of Polling Agents
(1) Serial Numbers of paper seals supplied From ……. To ………..
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(2) Total Numbers supplied ……… 3.
(3) Number of paper seals used…. 4.
(4) Number of unused paper seals returned to Returning Officer ( Deduct item 3 from item 2)
5.
(5) Serial number of damaged paper seal if any
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Date ………………… Place ……………….. Signature of Presiding Officer Polling Station No.
SERIES - I (2015) THE D. & N. H. EXTRAORDINARY GAZETTE (Serial No. 50) Page – 80 F O R M 26 [ See rule 106(1)(b) ] (Voting by Electronic Voting Machine)
PART II - RESULT OF COUNTING Sr.
No.
Name of Candidate No. of Voters recorded
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9. None Of The Above (NOTA) Total Place …………..
Date ……………. Signature of Counting/Supervisor Name of candidate/election agent/counting agent Full signature
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Date ……………. Signature of Returning Officer Printed and Published by Principal I.T.I. and Incharge Govt. Printing Press, Silvassa-2015 PRICE : ` : 80-00