EXTRAORDINARY Daman 2oth ~ugust, 2014, 29 Sravana 1936 (Saka) : 30 No.
O F F I C I A L , G A Z E T T E U.T. ADMINISTRATION OF DAMAN & DIU * m mla PUBLISHED BY AUTHORITY - U.T. Administration of Daman & Diu Department of Panchayati Raj Institution Office of the Secretary, Daman & Diu, Secretariat, Daman.
No. PRI/DD/2014-15/46 Dated : 14/08/2014 O R D E R Where as a No Confidence Motion has been moved against the Sarpanch of Maganvada Group Gram Panchayat.
And whereas the meeting to decide and deliberate on the No Confidence Motion needs to take place in accordance with the provisions of the Daman & Diu Panchayat Regulation, 2012.
And whereas, as per the provision contained in Section 22 (2) states that a special meeting of Gram Panchayat shall be convened within 15 days from the date on which the motion of no confidence has been moved.
And whereas the rules governing the procedure for No Confidence against Sarpanch & Upa Sarpanch have not been framed under the Daman & Diu Panchayat Regulation ,
2012. As such difficulty has arisen on account of absence of relevant rules prescribing the procedure for Motion of No - Confidence against Sarpanch & Upa Sarpanch of Gram Panchayat.
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Section - 124 of the Daman & Diu Panchayat Regulation - 2012 provides as follows:
1. I f any difficulty arises in giving effect to the provisions of this Regulation, the Administrator shall by order, published in the Official Gazette, as the occasion shall require, do anything which appears to him to be necessary for expedient removal of the difficulty.
Provided that no such order shall be made after the expiration of two years from the commencement of this Regulation.
2. Ever order made under this section shall be laid, as soon as shall be after it is made before each House of Parliament.
The Daman & Diu Panchayat Regulation, 2012 came into force on 17' August, 2012 and therefore, two years have not expired since the commencement of the Regulation.
Accordingly, recourse to provisions contained in Section 124 is permissible to remove any difficulty in giving effect to provisions of the Regulation.
Now, therefore under the circumstances explained above, in exercise of the power conferred by Section 124 of the Daman & Diu Panchayat Regulation, 2012 to remove difficulty in giving effect to the provisions of the said Regulation, I, Bhupinder S. Bhalla, Administrator of Daman & Diu, hereby prescribe the following procedure for Motion of No - Confidence against Sarpanch & Upa Sarpanch of Gram Panchayat till the relevant rules are notified under the Daman & Diu Panchayat Regulation, 2012 1, This procedure shall govern the procedure of No Confidence Motion against Sarpanch or Upa - Sarpanch.
2. Definitions :- I n this Order, unless the context otherwise requires:-
(a) "Gram" means a village;
(b) "Gram Panchayat" means a Gram Panchayat constituted under The Daman and Diu Panchayat Regulation, 2012;
(c) "Gram Sabha" means the Gram Sabha constituted under sub - section (2) of section 3 of the The Daman and Diu Panchayat Regulation, 2012
(d) "Sarpanch" means the Sarpanch of a Gram Panchayat;
(e) "Upa-Sarpanch" means an Upa-Sarpanch of a Gram Panchayat;
(f) 'Clear days" Means days exclusive of the day of issue of a notice or intimation, the day of the meeting, and any Gazetted holiday or Sunday.
(I) Words and expression used, but not defined in this order, shall have the meanings respectively assigned to them in the Regulation.
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3. Notice of Motion of No-Confidence:- A motion of no-confidence against the Sarpanch or the Upa-Sarpanch shall be moved by not less than one third of the elected members of the Gram Panchayat after giving notice thereof to the SarpanchIUpa Sarpanch under intimation to the Chief Executive Officer.
4. Convening of Special Meeting of the Gram Panchayat:-
(a) A special meeting of the Gram Panchayat shall be convened within a period of 15 clear days from the date on which the motion of no confidence has been moved to deliberate on, and decide the no confidence motion. The Secretary (PRI) shall appoint Presiding Officer to preside over the said meeting. 'The date, time and place of the special meeting shall be fixed by the Secretary (PRI). The Presiding Officer shall send a notice of the special meeting to all elected members of the Gram Panchayat.
5. Consideration of the Motion: - At any meeting of the Gram Panchayat while a motion of no-confidence against the Sarpanch is under consideration, the Upa Sarpanch; while a motion of no-confidence against the Upa Sarpanch is under consideration, the Sarpanch; and while the motion of no-confidence against the Sarpanch and the Upa Sarpanch both is under consideration, such elected member of the Gram Panchayat as shall be elected by the elected members present at the meeting, shall preside over.
6. Manner of Voting : (1) Each ballot paper will indicate "Whether the elected member is in favour or against the motion
(2) Each elected member shall record his vote on the ballot paper by ticking '$' if he is In favour of the motion and by making a cross ' X u if he is against the motion. The ballot paper shall be signed by the elected member.
(3) Each elected member shall insert the ballot paper so marked into a box kept for this purpose at the place of meeting.
(4) The papets used for voting shall not be destroyed until further orders of the Secretary Panchayat.
(5) (a) An elected member who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper shall, on returning i t to the Presiding Officer and on satisfying such Authority of the inadvertence, obtain another ballot paper, and the ballot paper so returned shall be marked "spoilt - cancelled" by the Presiding Officer.
(b) All ballot papers cancelled under clause (a) shall be kept in a'separate packet.
(6) I f the elected member is illiterate or, owing to blindness, is unable to mark on the ballot paper, the Presiding Officer shall record the vote on the ballot paper in accordance with wishes of the voter and obtain hislher thumb impression on the ballot paper, C0ntd.I--- - 4 - EXTRAORDINARY No. : 30 DATED : 20" AUGUST, 2014.
(7) The Presiding Officer shall count the votes with help of persons as he shall appoint, in the presence of the elected members.
(8) The Presiding Officer shall reject any ballot paper:-
(a) Which is unmarked;
(b) Which has marks inconsistent with these Order ;
(c) The marking on which is uncertain, '7. Recommendation of no-confidence motion: - I f the motion of no confidence is carried by a majority of the total number of members of Gram Panchayat then the Gram Panchayat shall recommend to the Gram Sabha for the removal of the Sarpanch or the Upa Sarpanch as the case shall be from his office.
8. Communication of decision: - When the Gram Panchayat takes a decision on the motion of no-confidence, the Presiding Officer shall communicate the decision to the Chief Executive Officer and the Secretaty Panchayat or such other officer as shall be designated by general or special order by the Secretary Panchayat. The names of all the elected members of the Gram Panchayat who were present at the meeting at which such a decision was taken, shall also be mentioned indicating the special vote of each elected member of Gram Panchayat. On receipt of the recommendation, the Secretaty Panchayat shall order the Presiding Officer to preside over a Special Meeting of Gram Sabha to be held within 45 days of the recommendation of the Gram Panchayat.
9. Notice of Meeting:- The Presiding officer shall call for a meeting of the Gram Sabha with 15 clear days notice. The Notice shall be posted on the Notice Board of the Panchayat and the Panchayat Secretary shall be responsible for wide publicity of the said Notice.
10.Consideration of the Recommendation :-
(a) The members of the Gram Sabha whose names are in the Electoral Rolls of the Gram Panchayat shall attend the Gram Sabha Meeting.
(b) The Presiding Officer shall explain the nature of the meeting to all the members of the Gram Sabha.
(c) All members shall attend the meeting of the Gram Sabha with their Voter Identity Cards (EPIC), falling which their presence shall not be marked.
(d) All present Gram Sabha members shall sign on the Voting Register and the Presiding Officer shall tick the Electoral Roll against the name of each member present in addition to the above.
1l.Decision on Quorum :-
(a) The Presiding Officer shall decide on meeting time by which the Gram Sabha members can attend the meeting. After the expity of the time the Presiding Officer shall ascertain whether quorum of one third Gram Sabha member has been established in the Gram Sabha meeting.
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(b) If the quorum is not achieved the Presiding Officer shall declare the recommendation of the Gram Panchayat for removal of Sarpanch as not approved.
12.Manner of Voting :- (I) Voting shall be done by Ballot Box as per the Ballot paper prescribed.
(2) Each Gram Sabha mernber shall record his vote on the ballot paper by ticking "? if he is in favour of the motion and by making a cross 'X" if he is against the motion. The ballot paper shall be signed by the Gram Sabha Member.
(3) Each Gram Sabha member shall insert the ballot paper so marked into a box kept for this purpose at the place of meeting.
(4) The papers including ballot papers used for voting shall not be destroyed until further orders of the Secretary Panchayat.
(5) (a) A Gram Sabha member who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on returning it to the Presiding Officer and on satisfying such Authority of the inadvertence, obtain another ballot paper, and the ballot paper so returned shall be marked "spoilt - cancelled" by the Presiding Officer.
(b) All ballot papers cancelled under clause (a) shall be kept in a separate packet.
(6) I f the Gram Sabha member is illiterate or, owing to blindness, is unable to mark on the ballot paper, the Presiding Officer shall record the vote on the ballot paper in accordance with wishes of the voter and obtain histher thumb impression on the ballot paper.
(7) The Presiding Officer shall count the votes with help of persons as he shall appoint.
(8) The Presiding Officer shall reject any ballot paper:.
(a) Which is unmarked;
(b) Which has marks inconsistent with these Order ;
(c) The marking on which is uncertain.
13.Counting of Votes: - The Presiding Officer shall after the completion of the voting shall count the Votes at the venue and declare the result of the voting.
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14.Passing of no-confidence motion: - I f the motion of no confidence is carried by a majority of the total number of members of Gram Sabha then the Motion of No Confidence of the Sarpanch or Upa Sarpanch shall deemed to be passed and the recommendation of Gram Panchayat shall be approved
15.Communication of decision: - When the Gram Sabha takes a decision on the motion of no-confidence, the Presiding Officer will communicate the decision to the Chief Executive Officer and the Secretary Panchayat or such other officer as shall be designated by general or special order by the Secretary Panchayat.
16, Vacation of office. :- The Sarpanch, or Upa Sarpanch , as the case shall be, shall Cease to hold office after a period of 3 days from the date on which the recommendation is approved unless resigned earlier.
Sdl- ( BHUPINDER S. BHALLA ) ADMINISTRATOR, UNION TERRITORIES OF DAMAN & DIU - 7 - EXTRAORDINARY NO. : 30 DATED : 2oTH AUGUST, 2014.
U. T. Administration of Daman & Dia Department of Pancl~ayati Raj Institution Office of the Secretary Pauchayat, Datnan 61 Din, Moti Daman Whereas, draft of the Daman and Diu Panchayats (Election Procedure) Rules, 2013 was published as required by sub-section (1) of section 121 of the Dalnan and Diu Panchayat Regulation,2012 (No.4, of 2012) under the notification of the Union Territory of Darnan and Diu, in the Department of Panchayati Raj Institution, OiXce of the Secretary Panchayat, Datnan and Diu No.412IISPL-SEC(PR1)/2012-1317123 dated 23/03/2013 in the Official gazette extraordinary No.07 inviting objections and suggestions froti1 all persons likely to be affected thereby, before expiry of the period of 30 days fi.oun the date on which copies of the Gazette containing the said notification are made available to the public;
And whereas,copies of the said Gazette were made available to the public on the 23'* March, 2013.
And whereas, the objections and suggestions received from the public on the said drafi rules have been duly considered.
Now, therefore, in exercise of the powers conferred by tile sub section (1) and sub section (2) of section 121 of the Daman and Diu Panchayat Regulation, 2012, the Administrator, Union Territory of Daman and Diu hereby makes the following rules, namely:
CHAPTER -I
1. Sltort title and comn~encement : (1) These Rules lnny be called the Damat) and Diu Panchnyats (Election Procedure ) Rules, 2014.
(2) These rules shall come into force from the date of plrblication in the Official Gazette oCDaman & Diu.
2. Definitions :
(a) In these rules, unless the context otherwise requires,
(1) "Administration" rneans the Union Territory administration of Da~nan and Diu;
(2) "Administrator" tneans the Adininistrator of the Union Territoty of Daman and Diu appointed by the President of India under article 239 ofthe Constitution;
(3) "Building" includes a house, an out-house, stable, privy, urinal, shed, hut, wall (other than a boundary wall not exceeding eight feet in height) and any other structure, whether of masonry, bricks, wood, metal or any other material but does not include any temporary structure erected on ceremonial or festive occasions or a tent;
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(4) "Ballot box" includes any box, bag or other receptacle used for the Insertion of ballot paper by voters;
(5) "Candidate" tneans a candidate for election as a member of a Gram Panchayat or the District Panchayat as the case may be;
(6) "Chief Executive Officer" means an officer appointed by the Adtninistrator as Chief Executive Officer, District Panchayat;
(7) "Collector" means the Collector of Daman or the Collector of Diu as the case may be;
(8) "Counterfoil" tneans the counterfoil attached to a ballot paper printed under the provisions of these rules;
(9) "Director of Panchayat" rneans an officer in charge of Panchayats in the Department of Panchayati Raj working under the direct control and superintendence of the Secretary of that Deparhnent;
(10) "District" means a district specified by the Administrator by a public notification to be a district for the purposes of this Regulation;
(I 1) "District Judge" means the District Judge of Daman and Diu;
(12) "District Magistrate" tneans the District Magistrate of Daman or Diu, as the case may be;
(13) "District Panchayat" means the District Panchayat constititted under section 54 of the Regulation;
(14) "District Panchayat Fund" means the fund constituted under section 80 of the Regulation;
(15) "Electioa Commission" means the Election Commission referred to it1 subsection (1) of section 99 of the Regulation;
(16) "Elector" means a person whose name is entered in the electoral roll of a ward for the time being in force and who is not subject to any of the disqualification for voting;
(17) "Finance Corntnission" means the Finance Commission referred to in section 100 of the Regulation;
(18) "Form" rneans a Form appended to these rules and includes a translation thereof in the language or any of the languages in which the electoral roll is prepared.
(19) "Gram" means a village;
EXTRAORDINARY No. : 30 DATED : 20TH AUGUST, 2014.
(20) "Gram Fund" means fund referred to in section 35 of the Regulation;
(21) "Gram Panchayat" means a Gram Panchayat constituted under the Regulation;
(22) "Gram Sabha" means the Gram Sabha constituted under sub-section (2) of section 3 of the Regulation;
(23) "Marked copy of the electoral roll " means the copy of the electoral roll set apart for the purpose of marking the names of electors to whom ballot papers are issued at an election;
(24) "Meniber" includes a member of a Gram Panchayat or the District Panchayat;
(25) "Order" means an order published in the Official Gazette;
(26) "Official Gazette" means the Daman and Diu Gazette;
(27) "Notification" means a notification published in the Official Gazette and the expression "notified" shall be construed accordingly;
(28) "Panchayat area" means the territorial area of a Gram Panchayat declared by the Administrator under sub-section (1) of section 3 of the Regulation;
(29) "Panchayat Secretary" means a Pancllayat Secretary appointed under sub-section
(1) of section 25 of the Regulation;
(30) "Person" does not include a body of persons;
(31) "Prescribed" means prescribed by rules made under this Regulation; .
(32) "Presidit~g Officer" means any person appointed as such under these rules and includes any polling officer performing any of the functions of a Presiding Officer under these rules;
(33) "President" and "Vice-President" means the President and Vice-President of the District Panchayat respectively;
(34) "Public holiday" means any day which is a public holiday for the pulposes of section 25 of the Negotiable Instruments Act, 1881 ( 26 of 1881 );
(35) "Public Street" means a pathway, road, street, square, court, alley, cart track, foot path or riding path over which the public have a right of way, whether thoroughfare or not and includes-
(i) the road-way over any public bridge or cause-way;
(ii) the foot-way attached to any such street, public bridge or cause-way;
(iii) the drains attached to any such street, road, public bridge or cause-way; and EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2014.
(iv) the land which lies on either side of the road-way, -
(a) up to the boundaries of the adjacent property, or
(b) up to the right of way duly notified by the Chief Executive Officer in this regard;
"Regulation" means Datnan and Diu Panchayat Regulation,2012;
"Returning Officer" means any person appointed by the Cotnmission to discharge the functions of the Returning Officer under these rules;
"Roll" means the electoral roll for a ward;
"Sarpanch" means the Sarpanch of a Gram Panchayat;
" Schedule" means a Schedule to the Regulation, 2012;
"Secretary Panchayat" tnearls the Secretary in charge of the Department of Panchayati Raj in the Union Territory of Dan~an and Diu;
" Section" tneans section of the regulation,2012;
"Tax" means a tax, cess, rate or other impost leviable under the Regulation but does not include a fee;
" Union Territory" tneans the Union Territory of the Darnan and Diu;
"Upa-Sarpanch" means an Upa-Sarpaanch of Gram Panchayat;
"Village" tneans a village specified by the Administrator, by a public notification to be a village for the purpose of the Regulation and includes a group of village so specified;
"Voter" in relation to a ward tneans a person whose name is for the time being entered in the electoral roll of that ward;
"Ward" means a body consisting of persons registered in the electoral rolls relating to ward of a district;
Words and expressions used, but not defined in this order, shall have the meaning respectively assigned to them in the Regulation.
EXTRAORDINARY No. : 30 DATED : 20" AUGUST, 2014.
CHAPTER - I1 DELIMITATION OF GRAM PANCHAYATS AND DISTRICT PANCHAYATS WARDS
3. Declaration of Panehavat area and constitution of Gram Sabha: (1) Subject to the provisions of section 12 & 55 of the Regulation, the Election Commission shall distribute the seats assigned to each Grarn Panchayat, and District Panchayat to single meutber territorial wards and delimit thern on the basis of the latest census figures, having regard to the following provisions, namely :-
(a) All wards shall, as far as practicable, be geographically compact areas, and in delimiting thein regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenietlce;
(b) Wards in which seats are reserved for the Scheduled Castes, the Scheduled Tribes, wornen belonging to these castes or tribes and women shall, as far as practicable, be distributed in different parts of the Gram Panchayats and the District Panchayat and they shall be rotated by the Con~mission by draw of lots, so that it is ensured that seats are so reserved in all that wards of a Gram Panchayat and the District Panchayat, as the case may be, before such reservation is made in respect of a ward for the second time.
(2) The Commission shall :-
(a) Publish its proposals for the delimitation of wards, in the Official Gazette and also in such other manner as it thinks fit, inviting objections and suggestions in this regard;
(b) Specify a date by which objections and suggestions to the said proposals could be made;
(c) Consider all objections and suggestions which may have been received by it by the date so specified under clause (b), and for the purpose of such consideration, hold one or more public meetings at such place or places as it thinks fit; and
(d) thereafter, by one or more orders, determine :-
(i) The delimitation of Gratn Panchayat ward : and
(ii) The delimitation of the District Panchayat ward.
(1) The Cotnrnission shall cause each of its order made under rule 3 to be poblished in the Official Gazette.
(2) Upon publication in the Official Gazette, every such order shall have the force of law and shall not be called in question in any court.
(3) Nothing in this rule shall affect the representation in the Gram Panchayat or in the District Panchayat as the case rnay be, until its dissolution, existing on the date of publication in the Official Gazette of the final Order or Orders of the Cornmission relating to the delimitation of Gram Panchayat ward or District Panchayat ward, as the case rnay be, and any bye-election to fill any vacancy in stah a Panchayat shall be held as if no such order had been made.
The Cotnlnission may, from titne to titne, by notification poblished in the Official Gazette-
(a) Correct any printing mistake in any order or any error arising therein from inadvertent slip or omission;
(b) Where the boundaries or name of any territorial division mentioned in the Order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the order up-to-date.
6. An order published under rule 4 shall rernain available for public inspection free of charge for a period of ten days from the date of such publication in the office of the Comtnission or any other convenient place notified by the Cotnmission.
7. Conies and Extracts : A person shall have the right to get an attested copy of any entry or extracts from such an order or to get a copy or copies of the order in such manner and on the payment of such fee as may be fixed by the Commission.
EXTRAORDINARY No. : 30 DATED : 2om AUGUST, 2014.
CHAPTER - ni O F F I C E R S
8. (1) There shall be a Director of Panchayats Elections who shall be such Officer of Administration as the Election Commission tnay, in consultation with the Administrator, designate or nominate in this behalf.
(2) Subject to the superintendence, direction and control of the Election Commission, the Director of Panchayats Election shall supervise the preparation of all electoral rolls and sliall conduct elections to all Panchayats under the Regulation and these rules.
9. (1) The electoral roll for each Grain Panchayat ward and for the District Parichayat ward shall be prepared by an Electoral Registration Officer who shall be such officer of Administration or of a local authority as the Cotntnission may, in consultation with the Administration, designate or nominate in this behalf.
(2) An Electoral Registration Officer may, subject to such restrictions as may be imposed by the Director of Panchayats Elections, employ such persons as he thinks fit for the preparation of the electoral roll referred to in sub-rule (I).
10. ( I ) The Co~nrnissioti may appoint one or inore persons as Assistant Electoral Registration Officers to assist any Electoral Registration Officer in the performance of its functions.
(2) Every Assistant Electoral Registration Officer shall, subject to the control of the Electoral Registration Officer, be competent to perform all or any of the functions of the Electoral Registration Officer.
ELECTORAL ROLLS FOR WARDS
11. Electoral Rolls for wards: The Electoral roll for wards shall be prepared to which a person is registered as Voter i n accordance with the provisions of the Constitution and Representation of the Peoples Act,1950.
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a) Subject to any general or special direction of the Cotnmission, the Electoral Roll of the Daman and Diu Parliamentary Constituency prepared under the provision of the Representation of the People Act 1950 (43 of 1950) and the rules and orders made there under, which is for the time being in force, shall, for the purpose of Section 4 of the Regulation, i) be the Electoral Roll for the Wards ofthe District Panchayat and ii) as relates to ward of Gram Panchayat, be the Electoral Roll for that ward.
b) The Electoral Rolls shall be divided into such convenient parts as the Commission may direct.
12.Publication of rolls in clraft : (1) As soon as the electoral roll for a ward is prepared under rules 11, the Electoral Registration Officer sl~all publish it in draR together with a notice in Fonn - I inviting suggestions and objections by making a copy thereof available for inspection at his office if it is within the territorial area of the ward and at such place or places in the territorial area of the ward, as (nay be specified by him for the purpose, if his office is outside the territorial area of the ward.
(2) The draft rolls so published under sub-rule (I) shall remain available for public inspection and for lodging suggestions and objections for a period of fifteen days from the date of publication :
Provided that the Administrator may, by notification in the Official Gazette, extend the period in respect of the territorial area of a ward.
(3) The Electoral Registration Officer shall supply free of cost two copies of the roll to every political party for which a syrnhol has been exclusively reserved by the Election Commission.
13. (1) A suggestion or objection shall be presented to the Electoral Registration Officer or to such other officer as may be designated by him in this behalf or be sent by post in Form - 2.
(2) It shall be presented in duplicate by the person concerned or through his authorized agent.
(3) The Electoral Registration Officer shall immediately after a suggestion or objection had been filed, issue an acknowledgement to the person filing the same.
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14. (I) The Electoral Registration Officer shall, as soon as may be after the expiry of the period specified in sub-rule (2) of rule 12 consider the suggestions and objections, if any, received by him and shall pass necessary orders after recording in writing a brief statement of his reasons for acceptarlce or rejection of any suggestion or objection. The Electoral Registration Officer may also correct any clerical or printing errors or other in-accuracies subsequently discovered in the lull.
15. (1) Thc roll as amended under rule14 shall be re-published in F O I - I ~ - 3 in the manner specified in sub-rule (1) of the rule 12. The roll, so published, shall be final.
(2) The Electoral Registration Officer shall make a complete copy of the roll available for inspectiorl and display the notice in Form - 3 at his office.
(3) Subject to such general or special directions as may be given by the Commission, the Electoral Registration Officer shall supply, free of cost, two copies of the roll, as finally published, to every political party for which a symbol has been exclusively reserved by the Electioli Commission.
16. (1) The Election Commission may, with a view to prevent impersonation of electors and facilitating their identification at the time of poll, by notification in the Official Gazette, direct that the provision of this rule shall apply to the territorial area of any Panchayat or to any ward or part thereof as may be specified in the Notification.
(2) The Identity Card issued under rule 28 of the Representation of Electors Rules, 1960 shall be deemed to be the identity cards for the purpose of this rule.
17. (I) After the roll for a Panchayat has been finally published, the following papers shall be kept in the office of the Electoral Registration Officer or at such place as the Director of Panchayats Elections may, by order specify, until the expiration of one year after the conlpletion of the next revisions of that roll :-
(a)A complete copy of the roll ; and
(b) Papers relating to claims and objection.
(2) One complete copy of the roll duly authenticated by the Electoral Registration Officer shall also be kept in such place as the Director of Panchayats Elections may specify, as permanent record.
EXTRAORDINARY No. : 30 DATED : 20TH AUGUST, 2014.
Every person shall have the right to inspect the election papers referred to in rule 17 and to get attested copies thereof on payment of such fees as may be fixed by the Director of Panchayats Election.
19. (1) The papers referred to in nlle 17 shall, on the expiry of the period specified therein and subject to such general or special direction, if any, as may be given by the Comtnission in this behalf, be disposed of in such manner as the Director of Panchayat Elections may direct.
(2) Copies of the electoral roll for any Panchayat in excess of the number required for deposit under rule 17 and for any other public purpose shall be disposed of at such time and in sucli manner as the Co~ntnission may direct and until such disposal, shall be made available for sale to the public:
Provided that the fees realized under rule 18 arid under this rule shall be deposited in the Fund of the Panchayat concerned.
CHAPTER - V ELECTION OF THE MEMBER OF PANCHAYATS AND SARPANCH OF GRAM PANCHAYAT
20. Suaerintendence, direction and control of elections : (1) The conduct of elections to the Panchayats under these rules shall be under the general superintendence, direction and control of the Commission.
(2) Without prejudice to the generality of the provisions of sub-rule (I), the Commission may, if it considers expedient, by order, direct that such of the powers, duties and functions of any authority connected with the work of conducting elections under these rules, as tnay be specified by it in the order, shall be exercised or discharged, subject to such restrictions and conditions, by such officer or person as may be specified in the order.
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CHAPTER - VI QUALIFICATIONS FOR MEMBERSHIP/ SARPANCH OF GRAM PANCHAYAT A person sllall be disqualified for being chosen as, and for being a member or sarpanch of a Gram Panchayathember of a District Panchayat or to continue as such, if he/sIle-
(a) has failed to pay arrears for more than one year or any tax, fee or ally sum due to the Gram Pancllayat:
Provided that such disqualification shall be operative only if notice for such arrears has been duly served upon such person and suc11 arrears have been displayed on the public notice board of the Gram Panchayat not less than three months prior to the date of election; or
(b) holds any salaried office or office of profit under the Gram Sabha or the Gram Panchayat or District Panchayat; or
(c) has directly or indirectly or through immediate family member any sllare or monetary interest in any work done by or to the Gram Panchayat or it1 any contract of employment wit11 or under or by or on behalf of, the Gram Panchayat or District Panchayat; or
(d) is a Government servant or in service of any municipality or Gram Panchayat or District Panchayat; or
(e) has been dismissed from the service of the Governrnent or of municipality or District Panchayat or Gram Panchayat for misconduct within five years prior to the date of poll; or (0 has not attained the age of twenty-one years; or
(g) has been ordered to give security for good behavior under section 109 or section 110 of the Code of Criminal Procednre, 1973; or
(h) has been convicted by a criminal court of any offence involving violence or moral turpitude and sentenced to imprisonment for not less than three months and five years have not elapsed since his release; or
(i) is witllout permission of the Gram Panchayat or District Panchayat, absent from three consecutive meetings; or EXTRAORDINARY NO. : 30 DATED : 2 0 ~ AUGUST, 2014.
(j) is of an unsound mind and has been so declared by a competent court; or
(k) has been declared by a competent court to be an insolvent; or (I) has been disqualified under any law for the time being in force by competent court for adopting a corrupt practice or for commission of an election offence at an election during the period of such disqualification;
or
(m)subject to clause (f),is so disqualified by or under any law for the time being in force for the purpose of election to the House of the People; or
(n) is not a citizen of lndia.
(2) A person shall be disqualified for being a member of the Gram Panchayat or District Panchayat if he is so disqualified under the Fifth Schedule of the Regulation.
CHAPTER - VII NOTIFICATION O F GENERAL ELECTIONS
22. General Election : A general Election shall be held in accordance with the provisions of this chapter for the purpose of constituting a new Panchayat and on the expiration of its duration or on its dissolution.
23. Notificatio~~ for r general election : The Secretaly Panchayat shall, by one or more notifications published in the Official Gazette on such date or dates as may be recotnrnended by the Election Conlmission, call upon all the concerned wards to elect members in accordance with the provisions of the Regulation and of the rules and orders made there under :
Provided that where a general election is held othenvise than on the dissolution of the existing Pancbayat, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of the Panchayat would expire under the provision of section 19 or section 64 of the Regulation as case may be applicable.
EXTRAORDINARY No. : 30 DATED : 2orn AUGUST, 2014.
ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS :
24. (1) For each ward, tlle Election Commission shall in consultation with the Administrator, designate or nominate a Returning Officer who shall be an officer of the Administration or of a local authority:
Provided that nothing in these rules shall prevent the Co~n~nission from designating or nominating the same person to be the returning Officer for rnore than one ward.
(2) It shall be the general duty of the Returning Officer at any election to do all sucl~ acts and things as rnay be necessary for effectively cottducting the election in the manner provided by the Regulatiot~ or rules or order made thereunder.
25. (I) the Co~nmissio~i may appoint one or tnore persons as Assistant Returning Officer to assist any Returning Officer in the performance of the functions:
Provided that every such person shall be an officer of tlle Administration or of a local authority.
(2) Every assistant returning officer shall, sol?ject to the control of the returning officer, be competent to perform all or any of the fi~nctions ofthe returning officer :
Provided that Assistant Returning Officer shall not perform any of tile fi~nctions of the Returning Officer which relate to the scrutiny of nominations unless the Returning Officer is unavoidably prevented from perfomling the said function.
26. : The returning officer shall with previous approval of the Election Commission, provide a sufficient number of polling stations for every ward and shall publish, in such manner as the Election Cotnmission tnay direct, a list showing the polling stations so provided and the polling area of group of voters for which they have respectively been provided.
EXTRAORDINARY No. : 30 DATED : 2oTH AUGUST, 2014.
27. (1) The returning officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been etnployed by, or on behalf of, or has been othenvise working for, a candidate in or about the election :
Provided that if a polling officer is absent from the polling station, the presiding officer tnay appoint any person who is present at the polling station other than a person who has been etnployed by, or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer during the absence of such officer, and in case of any such appointment, he shall inform the returning officer accordingly :
Provided further that nothing in this sub-rule shall prevent the returning officer from appointing the satne person to be presiding officer for more than one polling station in the same premises.
(2) A polling officer shall, if so directed by the presidiug officer, perform all or ally of the functions of a presiding officer under these rules or orders made there under.
(3) If the presiding officer is absent from the polling station, his fi~nctions shall be performed by such polling officer as has been previously authorized by the returning officer to perform such functions during any such absence.
(4) It shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the poll is fairly taken.
(5) It shall be the general duty of the polling officer(s) at a polling station to assist the presiding officer for such station in the perforn~ance of his functions.
CHAPTER - IX POLITICAL PARTIES
28.
(1) For the purpose of election in any ward, tlte Political Parties recognized as "National Party" or "State Party" by the Election Contmission of India under the Election Symbols ( Reservation and Allotntent ) Order, 1968 shall be deett~ed to be the recognized Political Parties in the Union Territory and the candidates set up by those parties shall citoose, and sltall be allotted, the sytnbol resellred for that patty and no other symbol.
(2) The choice of symbols and allotment thereof shall, as far as practicable, be governed by the Election Sylnbols ( Reservation and Allotlnent ) Order, 1968.
CHAPTER - X NOMINATION O F CANDIDATES
29. Anr~ointment of dates for nominations etc. : As soon as the notification under rule 23 is issued, the Election Commission shall, by notification in the Official Gazette, appoint :-
(a) The last date and hour for making nominations which shall be the seventh day after the date ofpublication of the said notification under rule 23;
(b) The date, time and place for tlte scrutiny of the notniuations which shall be the day immediately following the last date for tnaking nontinations;
(c) The last date and hour for the withdrawal of the candidatures, which shall be the second day after the date ofthe scrutiny ofnominations;
(d) the date or dates on which and the hours during which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the fourteenth day aRer the last date for the withdrawal of the candidatures; and
(e) The date before which the election shall be completed.
E x p l a ~ ~ a t i o n :- For the purpose of clauses (a), (b) and (c) if tlte date or the last date is a public holiday, the next succeeding day which is not a public holiday shall be deemed to be the date or tlte last date, as the case may be.
I EXTRAORDINARY No. : 30 I DATED : 2om AUGUST, 2014. 1
30. Public notice o f election : (1) On the issue o f a notification under rule 29, the rehtrning officer shall, subject to any direction o f the Election Commission, give in such manner as he thinks for public notice o f the intended election in Form 4 inviting nominations o f candidates for such election and specifying the place at which the nomination papers are to be delivered arid also setting out a list o f approved symbols which may be chosen by the candidates.
(2) The public notice nnder sub-rule (I) si~all be published in tlie Official Gazette and copies thereof sliall be displayed at the office o f the Election Commission and office o f the Panchayat and at one or more conspicuous places within the Panchayat area.
:- For the purposes o f sub-rule (I), the Election Commission shall subject to rule 28, by notification in the Official Gazette, specify the synibols that lnay be chosen by candidates at elections in a ward and the restrictions to which their choices shall be subject to.
31. Nomination o f candidate for election :- Subject to the provisions o f tlie Regulation and these rules, any person may be nominated as a candidate for a election to fi l l a seat, i f he is qualified to f i l l that seat.
32. :- (I) On or before the date appointed under clause (a) o f rule 29, each candidate shall, either in person or by his proposer, between the hours o f eleven 0 ' clock in the forenoon and three O'clock in the aAernoon deliver to the returning officer at the place specified in this behalf in the notice issued under rule 30, a nomination paper completed in Fonn-5 clearly specifying the ward frotn which he proposes to contest and signed by the candidate hi~nself as assenting to the nomination and by an elector o f the ward as proposer :
Provided that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.
- 23 - EXTRAORDINARY No. : 30 DATED : 20m AUGUST, 2014.
(2) In a ward, where any seat is reserved for wornan, a candidate shall not be deemed to be qualified to be chosen to f i l l that seat unless t l ~ e nomination paper contains a declaration by her that she is a woman.
(3) In a ward where any seat is reserved for the Scheduled Castes or for the Scheduled Tribes a candidate shall not be deemed to be qualified to be chosen to f i l l that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribes of wliicli he is a member.
(4) Any nomination paper wliich is not received before three 0' clock in the afternoon on the last date appointed under clause (a) of rule 29 shall be rejected.
(5) On the presentation of nomination paper, tlie returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as entered in the electoral roll:
Provided that no misnorner or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the descript in regard to the name of the person or place is such as to be commonly understood, and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary direct that any such misnomer, inaccurate description clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.
(6) Where the candidate is an elector of a different ward, a copy of the electoral roll of that ward or the relevant part thereof or a certified copy of the relevant entries in such roll shall be produced before the returning officer at the time of scrutiny.
EXTRAORDINARY No. : 30 DATED : 20TH AUGUST, 2014.
(7) Nothing in these rules shall prevent any candidate from being nominated by more than one nomination paper :
Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer, for election in the same ward.
33. Svinbol :- (1) Sub.ject to any general or special direction issued by the Election Corn~nission, where at any such election more r~otnirtation papers than one are delivered by or on behalf of a candidate, the declaration as to syntbols made in the nomination paper first delivered, and no other declaration as to symbols, shall be taken into consideration even if that nomination paper has beeti rejected.
(2) Every nomination paper delivered under rule 32, shall be accontpanied by a declaration by the candidate in writing specifying a particular symbol which he has chosen as his first preference, within the list of symbols notified by the Election Cotntnission and also specifying two other syrnbols out of that list which he has chosen as second and third preferences respectively.
34. Deposits :- (1) A candidate shall not be deemed to be duly nominated for election frorn a ward unless he deposits or causes to be deposited a sum of Twenty Five Hundred rupees or where the candidate is a member of a Scheduled Castes or Sclleduled Tribes, a sum of One Thousarid rupees. The deposit shall be forfeited ifthe candidate does not secure at least one - sixth of the total number of valid votes polled.
The deposited money if not forfeited, shall be returned to the candidate after the declaration of the result :
Provided that where a candidate bas been nominated by more than one nominatio~~ paper for election in the same ward, not tnore than one deposit shall be required of hitn under this sub-rule.
EXgRAORDlNARY No. : 30 DATED : 20TH AUGUST, 2014.
(2) Any sum required to be deposited under sub-rule (I) above shall not be deetned to have been so deposited unless at the time of delivery of the nomination paper under sub-rule (I) of rule 32, the candidate has either deposited or caused to be deposited that sum with returtling officer in cash or erlclosed with the nomination paper a receipt showing that the said sum has been deposited by hitn or on his behalf in the treasury.
a : The returning officer shall, oti receiving the tiomination papers uttder rule 32 itlfortn the person delivering the satne the date, titne and place fixed for the scrutiny of notiiinatiotis and sliall enter on the nomination paper its serial number and shall sign thereon a certificate statitig the date on whicli and the hour at which the tiotnination paper has been delivered to liinl, and shall as soon as tnay be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination received by hitn containing descriptions similar to those contained in the nomination paper both of the candidate and of the proposer in Form - 6.
36. : (I) On the date fixed for the scrutiny of notni~iations under clause (b) of rule 29, the calldidate and one other person duly authorized in writing by each candidate, but no other person, tilay attend, at the appointed time and place, and the rehlrnitig officer, shall give thetn all reasonable facilities for examining the notnination papers of all candidates whicli have been delivered within the time and in the manner laid down in rule 35.
(2) The returning officer shall then exatnine the notnination papers and shall decide all objections which [nay be made to any nominatiotl, and may, either on such objection or on his own motion, after such sutnmaty inquiry, if any as he thinks necessary, reject any nomination on any ofthe following grounds, namely:- EXTRAORDINARY No. : 30 DATED : 20M AUGUST, 2014.
(a) That on the date fixed for the scrutiny of nominations the candidate either is not qualified or is disqualified for being chosen to f i l l the seat under the Regulation or these rules :
(b) That there has been any failure to cotnply with any of the provision of the rule 32 or 34 of these Rules
(c) That the signature of the candidate or the proposer on the nomination paper is not genuine.
(3) Nothing contained in clause (b) or clause (c) of sub-rule (2) above shall be deemed to authorize 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 by means of another nomination paper in respect of w l ~ i c l ~ no irregularity has been colnmitted.
(4) The returning officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.
( 5 ) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of rule 29 and shall not allow any adjourntnent of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control :
Provided that in case an objection is raised by the returning officer or is made by any other person, the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings had been adjourned.
(6) The Returning Officer 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 statemet~t of his reasons for such rejection.
- 27 - EXTRAORDINARY No. : 30 DATED : 2oTH AUGUST, 2014.
(7) For the purpose of this nlle a certified copy of an entry in the electoral roll for the time being in force of a ward shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that ward.
(8) Im~nediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates in Form 7, that is to say candidates whose nomination have been found valid, and affix it on the notice board of his office. The list shall be prepared in English ar~d Gujarati language and the names shall be arranged in English alphabetical order.
(9) The names of every such candidates shall be shown in Form - 7 as it appears in his nomination papers :
Provided that if a candidate consider that his name is incorrectly spelt or is othenvise incorrectly shown in his nomination paper or is different ffom the name by which he is popularly known, lie may, at any time before the list of contesting candidate is prepared, forward in writing to the returning officer the proper form and spelling of his names and the returning officer shall, on being satisfied as to the genuineness of the request, make the necessary correction or alteration in the list and adopt the form and spelling in the list of contesting candidates.
37. Withdrawal of Candidature : (1) Any candidate may withdraw his candidature by a notice in writing in Form-8. On receipt of such notice, the returning officer shall note thereon the date and time at which it was delivered.
(2) Every notice of withdrawal which is delivered under sub-rule (1) shall be subscribed by the candidate and delivered before three 0' clock in the afternoon, on the day fixed under clause (c) of rule 29 to the returning officer either by such candidate in person or by his proposer, or election agent who has been authorized in this behalf in writing by such candidate.
(3) No person, who has given a notice of withdrawal of his candidature under sub-rule (1) shall be allowed to cancel such notice.
(4) The returning officer shall on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-rule ( I ) , cause the notice to be affixed on the notice board of his office.
38. : (1) Itntnediately after expiry of the period within which candidatures may be withdrawn under rule 37, the returning officer shall prepare and publish a list of contesting candidates, that is to say the candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the said period in Form No-9.
(2) The said list shall contain the names and the addresses of the contesting candidates as given in the nomination paper. The list shall also indicate the symbols assigned to such candidates.
(3) The returning officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall, subject to any general or special directions issued in this behalf by the Election Commission.
(a) allot a different symbol to each contesting candidate in conformity, as far as practicable with his choice : and
(b) If more contesting candidates than one have indicated their preference for the same symbol, decide by lot to which of such candidates the symbol will be allotted.
(4) The allotr~lent by the returning officer of any symbol to a candidate shall be final except where it is inconsistent with any directions issued by the Election Commission in this behalf in which case the Election Commission may revise the allotment in such manner as it thinks fit.
( 5 ) Every candidate or his election agent shall forthwith be informed of the symbol allotted to the candidate and be supplied with a specimen thereof by the Returning Officer.
EXTRAORDINARY No. : 30 DATED : 20TH AUGUST, 2014.
( 6 ) A copy of the list of contesting candidates indicating the symbols allotted to each candidate shall be sent to the Election Comtnission and the Director of Panchayat Election.
(I) If the number of the contesting candidate is one, the Returning Officer shall forthwith declare in Form-21 B or 21-C, whichever is applicable, such candidate to be duly elected to fill that seat and send signed copies of declaration to the Election Comtnission arid the Director of Panchayat Elections.
(2) If there is no contesting candidate, the Conlmission shall, by notification in the Official Gazette, call upon the ward to elect a person to fill that seat:
Provided that where the ward having already been called upon under this nlle has failed to elect a person to fill the vacancy, the Election Cominission shall not be bound to call upon the ward until it is satisfied that if called upon again, there will be no such failure on the part of tlie ward.
CHAPTER XI CANDIDATES AND THEIR AGENTS (I) A candidate at an election may appoint any one person to be his election agent in Form-I0 and notice of such an appointment shall be given by forwarding tlie same in duplicate, to the returning officer who shall return one copy thereof to the election agent after affixing thereon his seal and signature in token of his approval of the appointment.
(2) Aiy person who is for the time being disqualified under tlie Regulatioti for being a rne~nber of a Panchayat shall, so long as tlie disqualification subsists, also be disqualified for being appointed as an election agent under sub-rule (1).
EXTRAORDINARY No. : 30 DATED : 20TH AUGUST, 2014.
(3) The revocation of appointment of an election agent shall be made in Form
11. Such a revocation shall be signed by the candidate and shall operate from the date on which it is lodged with the returning officer.
(4) In the event of such a revocation or of the death of an election agent, the candidate may, at any time, before the result of election is declared, appoint another person to be his election agent in the rnanner specified in sub-rule (1).
( 5 ) An election agent may perform such functions in connection with the electioti as are authorized by these rules to be performed by an election agent.
( I ) A contesting candidate or his election aient may, appoint one polling agent and one relief agent to act as polling agent, in absence of polling agent on behalf of candidate at each polling station.
(2) Every such appointment shall be made in Form-12 and shall be made over to the polling agents for production at the polling station.
(3) No polling agent shall be admitted into any polling station unless he has delivered to the presiding officer the instrument of his appointment uttder sub-rule (2) after duly completing and signing before the presiding officer the declaration contained therein.
(4) The revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall be in Form-13. It shall operate from the time and date at which it is lodged with the presiding officer.
(5) In the event of any such revocation or the death of a polling agent, the candidate or his election agent may, at any time before the poll is closed, make a fresh appointment in the manner specified in sub-rule (2) above.
EXTRAORDINARY No. : 30 DATED : 2oTH AUGUST, 2011
42. Ay)uointment of counting agents :- (1) A contesting candidate or his election agent may appoint one or more persons but not exceeding such number as may be determined by the returning officer, to be present as his counting agent or agents at the counting of votes, and when any such appointment is made, notice of the appointment shall be given in Fortn-I4 in duplicate, one copy of which shall be fonvarded to the returning officer while the other copy shall be made over to the counting agent for production before the returning officer not later than one hour before the titne fixed for the counting of votes.
(2) No counting agent shall be admitted into the place fixed for the counting unless he has delivered to the returning officer the second copy of the appointment order under sub-rule (1) after duly completing and signing the declaration contained therein and receiving froin the returning officer an authority for entry into the place fixed for counting.
(3) The revocation of an appointment of a counting agent shall be in Form-15 and lodged with the returning officer. Any such revocation shall be signed by the candidates or his election agent and shall operate from the date on which it is lodged with the returning officer. In the event of such a revocation, or of the death of counting agent before the close of the counting, the candidate or his election agent may make a fresh appointtnent in accordance with this mle.
( I ) A polling agent [nay perform such functions in connection with the poll as are authorized by these rules to be performed by a polling agent.
(2) A counting agent may perform such functions in connection with the counting of votes as are authorized by these rules to be performed by a counting agent.
EXTRAORDINARY No. : 30 DATED : 20M AUGUST, 2014.
(1) At every election where a poll is taken, each contesting candidate at such election and his election agent shall have a right to be present at any polling station.
(2) A contesting candidate or his election agent tnay l~irnself do any act or thing which any polling agent or the counting agent of such contesting candidate, if appointed, would have been autllorized by or under these rules to do or may assist any polling agent or the counting agent of such contesting candidate in doing any such act or thing.
Where any act or thing is required or authorized by or under these rules to be done in the presence of the polling or the counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
CHAPTER XI1 PROCEDURE AT ELECTION
46. : If a candidate set up by a recognized political party:-
(a) dies at any tirne after 11.00 a.m. on the last date for making nominations and his nomination is found valid on scrutiny under rule 36 of this order;
(b) whose nomination has been found valid on scrutiny under rule 36 and who has not withdrawn his candidature under rule 37 dies, in either case, a report of his death is received at any time before the publication of the list of the contesting candidates under rule 38;or I EXTRAORDINARY No. : 30 1 I DATED : 2oTH AUGUST, 2014. 1
(c) dies as a contesting candidate and a report of his death is received before the commencement of the poll, the returning officer shall upon being satisfied about the fact of the death of the candidate, by order, countermand the poll and report the fact to the Commission and to the Director of Panchayat Eleclions and all proceedings with reference to the election shall be cotnn~enced anew in all respects as if for a new election:
Provided that no order for countermanding a poll should be made in a case rcferred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate:
Provided further that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time ofthe countermanding of the poll :
Provided also that no person who has given a notice of his withdrawal of his candidature under sub-rule (1) of rule 37 before tile countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.
47. Procedure in contested election : (1) If the nutnber of contesting candidates is more than the nutnber of seats to be filled, a poll shall be taken.
(2) If a poll becomes necessaty, the returning officer shall supply to each candidate or his election agent:-
(a) a copy of the list of contesting candidates; and
(b) specimen of the symbol allotted to them.
48.
Women to itold seats not reserved for them: For the avoidance of doubt it is hereby declared that a member of the Scheduled Castes or of the Scheduled Tribes or a Woman shall not be disqualified to hold a seat not reserved for members of those Castes or Tribes or women, if he or she is othenvise qualified to hold such seats under the Regulation and these rules.
EXTRAORDINARY No. : 30 DATED : 20" AUGUST, 2014.
49. : The Commission shall fix the hours during which the poll will be taken and the hours so fixed shall be published by notification in the Official Gazette:
Provided that the total period allotted on any one day for polling at an election in a ward shall not be less than eight hours.
50. : All electors sllall vote in person at the polling station, and no vote shall be received by proxy.
51. : ( I ) If at an election, the proceedings at any polling station are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, tlie presiding officer for such polling station shall announce an adjournment of tlie poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, lie sllall fortliwith inform the returning officer.
(2) Whenever, a poll is adjourned under sub-rule (I), the returning ofticer shall irnrnediately report the circu~nstances to the Director of Panchayat Elections and the Election Cotn~nission and shall, with the previous approval of the Election Commission publish a notice specifying the day on which the poll shall re-cotnmence frorn the stage at which it was left immediately before the adjournment and fix tlie polling station at which, and the hours during which, tlie poll will be taken, and shall not count tlie votes cast at such election until such adjourned poll have been completed.
(3) In evety such case as aforesaid, the returning officer sliall notify in such manner as the Election Cotn~nission tnay direct the date, place and hours of polling fixed under sub-ruie(2).
52. Procedure on ad iourn~nen t of no11 : (1) if the poll at any polling station is adjourned under rule 5 1 of this rule, the provisions of rule 49 sliall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under rule 49.
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(2) When an adjourned poll is re-commenced under sub-rule (2) of rule 51 the electors who have already voted at the poll so adjourned shall not be allowed to vote again.
(3) Tlie returning officer shall provide the presiding officer of the polling station of which such adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll and a new ballot box.
(4) Tlie presiding officer shall open the sealed packet in tlie presence of the polling agents presetit and use the marked copy of the electoral roll for marking the names of the electors to whom the ballot papers are issued at the adjourned pol1 without however recording therein the serial number thereof.
(5) The provisions of roles 51 shall apply in relation to conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.
53.
booth capturing : (I) Ifat any election:-
(a) booth capturing has taken place at polling station in such a manner that result of tlie poll at that polling station cannot be ascertained; or
(b) booth capturing takes place at any place for couiiting of votes in such a manner that the result of counting cannot be ascertained;
The returning officer shall fo~lhwith report tlie matter to the Election Commission.
EXTRAORDINARY No. : 30 DATED : 20M AUGUST, 2014.
(2) The Cornmission shall, on receipt of a report from the returning officer under sub-rule (1) and after taking all material circumstances into account either-
(a) declare that the poll at that polling station be void, appoint a day, and fix the hours, for taking fresh poll at that polling station and tlotify the date so appointed and hours so fixed in such manner as it may deem fit, or
(b) if satisfied that in view of the large tla~nber of polling stations involved in booth capturing, the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such maluner as to affect the result of the election, countermand the election in that ward.
Exvlanatio~n :- For the purpose of this rule, "booth capturing" includes, among other things, all or any of the following activities, namely:-
(i) seizure of a polling station fixed for the poll by any person or persons, making polling authorities surrender the ballot papers and doing of any other act which affects the orderly conduct of elections;
(ii) taking possession of polling station fixed for tine poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from voting;
(iii) threatening any elector and preventing him from going to the polling station fixed for the poll to cast his vote;
(iv) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers and the doing of anything which affects the orderly counting of votes;
(v) doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at any such activity in the furtherance of the prospects of the election of a candidate.
EXTRAORDINARY No. : 30 DATED : 20" AUGUST, 2014.
54. of ballot boxes. (1) If at any election: -
(a) any ballot box used at a polling station is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost or is darnaged or tampered with, to such an extent that the result of the poll at that polling station cannot be ascertained; or
(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station;
The returning officer shall forthwith report the matter to the Election Comtnission.
(2) Thereupon the Election Colnrnission shall, after taking all tnaterial circutnstances into account, either :-
(a) declare the poll at that polling station void ; appoint a day and fix the hours for taking a fresh poll at that polling station and notify the day to be appointed and the hours so fixed in such tnanner as it may deem fit ;or
(b) if satisfied that the result of a fresh poll at that polling station will not, in any way, affect the result of the election of that ward or that the error or irregularity in procedure is not tnaterial, issue such directions to the rehrrning officer as it may deem proper for the fi~rther conduct and co~npletion of the election.
(3) The provisions of the Regulation and these rules made thereunder shall apply to every fresh poll as they apply to the original poll.
55. :- Every ballot box shall be of such design as may be approved by the Election Commission.
56. Form of ballot papers :- (1) Every ballot paper shall have a counterfoil attached thereto, and the said ballot paper and the counterfoil shall be in such form and the particulars therein shall be in Gujarati & English language or as the Election Cornmission may direct.
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(2) The names of the candidates shall be arranged on the ballot paper in the satne order in which they appear in the list of contesting candidates.
(3) If two or more candidates bear the satne natne, they shall be distinguished by the addition of their occupation or residence or it1 sorne other manner.
57. :- (1) Outside each polling station following shall be displayed prominently -
(a) a notice specifying the polling area the electors of which are entitled to vote at the polling station and when the polling area has tnore than one polling station, the particulars of the electors so entitled, and
(b) a copy of the list of contesting candidates.
(2) At each polling station, there shall be set up one or more voting comparttnents in which the electors can record their votes screened from observation.
(3) The returning officer shall provide at each polling station a sufficient number of ballot boxes, copies of the relevant part of the electoral roll, ballot papers, instruments for stamping the distinguishing mark on ballot papers and articies necessaly for electors to mark the ballot papers and such other materials, as are necessary for the conduct of poll.
58. Adniission to Polling Station : The presiding officer shall regulate the number of electors to be admitted at any time inside the polling station and shall exclude therefrom all persons other than -
(a) Polling Officer;
(b) Public servants on duty in connection with election;
(c) Persons authorized by the Election Commission;
(d) Candidates, their election agents and one polling agent of each candidate;
(e) A child in arms accompanying an elector;
(0 A person accompanying a blind or infirm elector who cannot move without help, and
(g) Such other persons as the returning officer of the presiding officer may employ for the purpose of election.
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59. Facilities for women electors :- (I) Where a polling station is both for men and wornen electors, the presiding officer rnay direct that they shall be admitted into the polling station alternatively in separate batches.
(2) The returning officer or the presiding officer rnay appoint a woman to serve as an attendant at any Polling station to assist wornen electors and also to assist the presiding officer generally, in taking the poll in respect of women electors, and particular, to help in searching any wornan elector in case it becomes necessary.
60. Identification of electors :- (1) The presiding officer rnay employ at the polling station such persons as he thinks fit to help in the identification of the electors or to assist hi111 otherwise in taking the poll.
(2) As each elector enters the polling station, the presiding officer or tbe polling officer authorized by hitn in this behalf shall check the elector's name and other particulars with the relevant entry in the electoral roll and then call out the serial namber, name and other particulars of the elector.
(3) Where the polling station is situated in a ward, electors of which have been supplied with identity cards under the provisions of the Registration of Electors Rules, 1960, the electors, shall produce his identity card before the presiding officer of the polling officer authorized by hiin in this behalf.
(4) In deciding the right of a person to obtain a ballot paper, the presiding officer or the polling officer, as the case may be, shall overlook merely clerical or printir~g errors in an entry in the electoral roll if he is satisfied that such person is identical with the elector to whom such entry relates.
61. Preparation of ballot boxes for poll :- (1) Where a paper seal is used for securing a ballot box, the presiding officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the polling agents present as are desirous of affixing the same.
EXTRAORDINARY No. : 30 DATED : 2OM AUGUST, 2014.
(2) The presiding officer shall thereafter fix the paper seal so signed in the space tneant therefor in the ballot box and shall then secure and seal the box in such manner that the slit for the insertion of ballot paper there into remains open.
(3) The seals used for securing a ballot box shall be affixed in such manner that after the box has been closed; it is not possible to open it without breaking the seal.
(4) Where it is not necessary to use paper seals for securing the ballot boxes, the presiding officer shall secure and seal the ballot boxes in such manner that the slit for the insettion of ballot papers remains open and shall allow the polling agents present to affix, if they so desire, their seals.
(5) Every ballot box used at a polling station shall bear labels, both inside and outside, marked with -
(a) the serial numbel; if any and the natne of the ward,
(b) the serial number, if any and the name of the polling station ;
(c) the serial number of the ballot box ( to be filled in at the end of the poll on the lable outside the ballot box only ) ; and
(d) the date of poll.
(6) Im~nediately before the commencement of the poll, the presiding officer shall demonstrate to the polling agents that the ballot box is empty and bears the labels referred to in sub rule(5).
(7) The ballot box shall than be closed, sealed and secured and placed in full view of the Presiding Officer and the Polling Agents.
62. :- Immediately before the commencement of the poll, the presiding officer shall allow the polling agents and others present to inspect the marked copy of the electoral roll to be used during the poll.
63. :- (I) Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of two rupees in cash with the presiding officer for each such challenge.
EXTRAORDINARY No. : 30 I DATED : 20m AUGUST, 2 0 1 g
(2) On such deposit being made, the presiding officer shall -
(a) Warn the person challenged of the penalty for the impersonation;
(b) read the relevant entry in the electoral roll in fklll and ask him whether he is the person referred to in that entty;
(c) enter his name and address in the list of challenged votes in Form - 16 ;
(d) require hirn to affix his signature, or left thumb impression in the said list.
(3) The presiding officer shall thereafter hold a sulnmary inquiry into the challenge and may for that purpose -
(a) require the challenger to adduce evidence in proof of the challenge and the person cl~allenged to adduce evidence in proof of his identity ;
(b) put to the person cl~allenged any question for the purpose of establislling his identity and require him to answer them on oath ;and
(c) administer an oath to the person challenged and any other person offering to give evidence.
(4) If, after the inqui~y, the presiding officer considers that the challenge has not been established, he shall allow the person challenged to vote and if he cot~siders that the challenge has been established, he shall debar the person challenged frotn voting.
(5) If, the presiding officer is of the opinion that the challenge is frivolous or has fiat been tnade in good faith, he shall direct that the deposit tnade under sub-mle (1) be forfeited to the Pat~chayat Fund, and in any other case, he shall return it to the challenger at the concl~~sion of the inquiry.
64. : (1) Every elector about whose identity the presiding officer or the polling officer, as the case tnay be, is satisfied, shall allow his leR forefinger to be inspected by the presiding officer or polling officer and an indelible ink tnark to be put on it.
(2) If any elector - EXTRAORDINARY No. : 30 DATED : 2om AUGUST, 2014.
(a) refuse to allow his left forefinger to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his left forefinger or does any act with a view to removing the ink mark; or
(b) fails or refuses to produce his identity card as required by sub-rule (3) of rule 60 he shall not be supplied with any ballot paper or allow to vote.
(3) Where a poll is taken simultaneously in a Gram Pancllayat ward and the District Panchayat ward, an elector whose left forefinger has been marked with indelible ink or who has produced his identity card at one such election shall, notwithstanding anything contained in sub-rules (1) and (Z), be supplied with a ballot paper for the other election.
(4) Any reference in this rule to the left forefinger of an elector shall it1 the case where the elector has his left forefinger missing, be considered as a reference to any other finger of his left hand, and shall in the case where all the fingers of his Left hand are missing, be construed as a reference to the forefinger of any other fingers of his right hand and shall in the case where all his fingers of both the hands are missing, be construed as reference to such extremity of his left or right arm as he possesses.
65. I : (I) Every ballot paper before it is issued to an elector and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the Election Commission may direct, and every ballot paper, before it is issued, shall be signed in full on its back by the presiding officer.
(2) At the time of issuing a ballot paper to an elector, the polling officer shall-
(a) record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the electoral roll;
(b) obtain the signature or thumb impression of that elector on the said counterfoil; and EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2014.
(c) tnark tile name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him, without however recording therein the serial number of the ballot paper issued to that elector:
Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thotnb itnpressioti on the counterfoil of that ballot paper.
(3) I t shall not be necessary for any presiding officer or polling officer or any other officer to attest the tllutnb impression of tlie elector on the counterfoil.
(4) No person in the polling station shall note down the serial numbers of the ballot papers issued to particular electors.
66. Maintenance of secrecy of voting by elector's witl~in the pollirtp station and : ( I ) Every elector to whotn a ballot paper Ilas been issued under rule 65 sl~all maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.
(2) The elector on receiving the ballot paper shall forthwith -
(a) proceed to one of the voting compartment;
(b) there make a mark on the ballot paper with the itlstrutnent supplied for the purpose on or near the sytnbol of the candidate for whom he intends to vote or the NOTA sytnbol as the case tnay be;
(c) fold the ballot paper so as to conceal his vote;
(d) if required, show to the presiding officer the distinguishing inark on the ballot paper;
(e) insert the folded ballot paper into the ballot box; and (9 quit the polling station.
(3) Every elector shall vote without undue delay.
. .
EXTRAORDINARY No. : 30 DATED : 2om AUGUST, 2014.
(4) No elector shall be allowed to enter a voting compartment when another elector is inside it.
( 5 ) If an elector to whom a ballot paper has been issued refi~ses, after warning given by the presiding officer to observe the procedure as laid down it1 sobrule (2), the ballot paper issued to him shall, whether he has recorded his vote therein or not, be taken back from him by the presiding officer or by polling officer under the direction of the presiding officer.
(6) After the ballot paper has been taken back, the presiding officer shall record on its back the words "cancelled: voting procedure violated" artd put his signature below those words.
(7) All the ballot papers on which the words "cancelled: voting procedure violated" are recorded, shall be kept in a separate cover which shall bear on its face the words "ballot papers, voting procedure violated".
(8) Without prejudice to any other penalty to which an elector from whom a ballot paper has been taken back under sub-rule (5) may be liable, the vote, if any, recorded on such ballot paper shall not be counted.
67. Recording of votes of blind or infirm electors : -
(1) If the presiding officer is satisfied that owning to blindness or other physical infirmity an elector is unable to recognize the sytnbols on the ballot paper or to make a mark thereon without assistance, the presidiug officer shall permit the elector to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary; for folding the ballot paper so as to conceal the vote and inserting it into the ballot box:
EXTRAORDINARY No. : 30 DATED : 2oTH AUGUST, 2014.
Provided that no person shall be permiited to act as the companioti or more than one elector at any polling station on the same day:
Provided fiirther that before any person is permitted to act as the companion of an elector on any day under this rule, the person shall be required to declare that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any polling station on that day.
(2) The presiding officer shall keep a record in Form-17 of all cases under tliis rule,
68. Spoiled and retllrned ballot papers :(I) An elector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on returning it to the presiding officer and on satisfying him of the inadvertence, be given another ballot paper and the ballot paper so returned and the counterfoil of such ballot, paper shall be marked "Spoil;
cancelled" by the presiding officer.
(2) If an elector after obtaining a ballot paper decides not to use it, he shall return it to the presiding officet; and the ballot paper so returned and the counter foil of such ballot paper shall be marked as "Returned: cancelled" by the presiding officer.
(3) All ballot papers cancelled under sub-rule (I) or sub-rule (2) shall be kept in a separate packet.
69. Tendered votes :- (1) If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted as such elector, he shall on satisfactorily answering sucl~ question relating to his identity as the presiding officer may ask, be entitled, subject to the following provisions of this rule, to mark a ballot paper (hereinafter in these rules referred to as a "tendered ballot paper") in the same manner as any other elector.
EXTRAORDINARY No. : 30 DATED : 2 0 ~ AUGUST, 2014.
(2) Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to hirn in a list in Form - 18.
(3) A tendered ballot paper shall be the same as the other ballot papers used at the polling except that -
(a) such tendered ballot paper shall be serially the last in the bundle of ballot papers issued for use at the polling station; and
(b) such tendered ballot paper and the counterfoil shall be endorsed on the back with the words" Tendered ballot paper" by the presiding officer in his own hand and signed by him.
(4) the elector after marking a tendered ballot paper in the voting compartment and folding it shall instead of putting it into ballot box, give it to the presiding officer, who shall place it ill a cover specially kept for the purpose.
70. : (1) The presiding officer shall close the polling station at the hour fixed in that behalf and shall not thereafter admit any elector into the polling station:
Provided that all electors present at the polling statiotl before it is closed shall be allowed to cast their votes.
71. :- (I) As soon as practicable after the closing of the poll, the presiding officer shall close the slit of the ballot box, and where the box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any polling agent to affix his seal.
(2) The ballot box shall thereafter be sealed and secured.
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(3) Where it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first ballot box shall be closed, sealed and secured as provided in sub-rules (1) and (2) above before any other ballot box is put into use.
(4) The foregoing provision of this rule shall not apply at a polling station to the presiding officer of which the Election Cotntnission has issued a direction asking hitn to proceed in accordance with sub-rule (5) below.
(5) At any such polling station, as soon as practicable, after the close of poll, the presiding officer shall -
(a) transfer all the ballot papers contained in the ballot box or boxes used at that polling station, without examining or counting them and with due regard to the secrecy of the ballot papers, into a cloth bag or cloth lined cover afrer demonstrating to the polling agents present that the bag or cover is empty;
(b) allow the polling agents present to inspect each ballot box and demonstrate to them that it has been emptied,
(c) record on the bag or cover the name of the ward, the name of the polling station and the date of the poll; and
(d) seal the bag or cover and allowing polling agent present to affix his seal thereon.
72. :- (1) The presiding officer shall at the close of poll, prepare a ballot paper account in form-19 and enclose it in a separate cover with the words" Ballot paper account" superscribed thereon.
(2) The presiding officer shall furnish to every polling agent present at the close of the poll a true copy of the entries made in the ballot paper account after obtaining receipt from the said polling agent therefor and shall also attest it as a true copy.
1 EXTRAORDINARY No. : 30 / DATED : 2oM AUGUST, 2014. 1
73. :- (1) The presiding officer shall then make into separate packets -
(a) the rnarked copy of the electoral roll;
(b) the counterfoil of the used ballot paper;
(c) the ballot paper signed in full by the presiding officer but not issued to the voters;
(dl any other ballot papers not issued to the voters;
(e) the ballot papers cancelled for violation of voting procedure;
(f) any other cancelled ballot papers;
(g) the cover containing the tendered ballot paper and the list in Forni-18;
("1 the list ofchallenged votes; and (9 any other papers directed by the Election Commission to be kept in a sealed packet.
(2) Each such packet shall be sealed with the seals of the presiding officer and with the seals either of the candidate or of his election agent or of his polling agent who may be present at the polling station and may desire to affix his seals thereon.
74. : (1) The presiding officer shall then deliver or cause to be delivered to the returning officer at such place as the returning officer may direct-
(a) the ballot boxes or, as the case may be, the bags or covers referred to in rule 71,
(b) the ballot paper account ;
(c) the sealed packets referred to in n ~ l e 73; and
(d) all other papers used at the poll.
EXTRAORDINARY No. : 30 DATED : 20" AUGUST, 2014.
(2) The returning oflicer shall make adequate arrangements for the safe transport of all ballot boxes, packets and other papers and for their safe custody until the com~nencement of the counting of votes.
CHAPTER - XI11 COUNTING OF VOTES
45. : (1) At every election where a poll is taken, votes shall be counted by or under the s~~pervisiou and direction of the Returning Officer, and each contesting candidate, his election agent and the counting agents shall have a right to be present at the time of counting.
76. : Tile Returning Officer shall, at Least one week before the date fixed for the poll, appoint the place or places where the counting of votes will be done and the date and time at which the counting will commence and shall give notice of the same in writing to each candidate or his election agent:
Provided that if for any reason the returning officer finds it necessary so to do, he may alter the date, time and place or places so fixed, or any of them, after giving notice ofthe same in writing to each candidate or his election agent.
77. : - (1) The returning officer shall exclude from the place fixed for counting of votes ail persons except -
(a) such persons (to be known as counting supervisor and counting assistants) as he lnay appoint to assist him in the counting;
(b) persons authorized by the Election Commission;
(c) public servants on duty in connection with election : and
(d) candidates, their election agents and counting agents.
(2) No person who has been employed by or on behalf of, or has been othenvise working for a candidate in or about the election shall be appointed under clause(a) of sub-rule (1).
(3) The returning officer shall decide which counting agent or agents shall watch the counting at any particular counting table or group of counting tables.
(4) Any person who, during the counting of votes misconduct himself or fails to obey the lawful directions of the returning officer can be removed from the place where the votes are being counted by the returning officer or by any police officer on duty or by any person authorized in this behalf by the returning officer.
78. :- (1) every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calctilated to violate such secrecy.
(2) The returning officer shall before he commences the counting, read out the above provision to such persons as may be present.
79. :- (I) The returning officer may have the ballot box or boxes used at more than one polling station opened and the ballot papers found in such box or boxes counted simultaneously.
(2) Before any ballot box is opened at a counting table, the counting agents present at that table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy that it is intact.
(3) The returning officer shall satisfy himself that none of the ballot boxes has in fact been tampered with.
(4) If the returning officer is satisfied that any ballot box has in fact been tampered with, he shall not count the ballot papers contained in that box and shall follow the procedure laid down in rille 54 in respect of that polling station.
EXTRAORD~NARY No. : 30 DATED : 2oTH AUGUST, 2014.
80. :- (1) If any time before the counting of votes is completed, any ballot papers used at a polling station are u~ilawfully taken out of the custody of the returnirlg officer or are accidentally or intelltionally destroyed or lost, or are damaged or tampered with, to such an extent that the result of the poll at that polling station cannot be ascertained, the returning officer shall forthwith report the matter to the Election Cotnrnission.
(2) Thereupon, the Election Commission shall, aner taking all material circumstances into account, either -
(a) direct that the cou~ltillg of votes shall be stopped, declare the poll at that polling station to be void, appoint a date, and fix the hours, for taking a fresh poll at that polling station and tlotify the date as appointed ancl hours so fixed in such manner as it may deem fit; or
(b) if satisfied that the result of a fresh ballot at that polling station will not, in any way, affect the result of the election, issue such directiotls to the returning ofticer as it may deer11 proper for the resutnption and completion of the counting and for the firrther conduct and completion of the election in relation to which the votes have been counted.
(3) The provisions of these rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.
81. :- ( I ) Subject to such general or special directions, if any as may be given by the Election Com.mission in this behalf, the ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinized.
(2) The returning officer shall reject a ballot paper -
(a) if it bears any mark or writing by which the elector can be identified; or
(b) if it bears no mark at all to indicate the vote or it bears a mark elsewhere than on or near the sytnbol of one of the candidates oa the face of the ballot paper or if it bears a mark made otherwise than with the instrument supplied for the purpose; or ( EXTRAORDINARY No. : 30 1 DATED : 2oTH AUGUST. 2014. 1
(c) if votes are given on it in favor of more than one candidate; or
(d) if the mark indicating a vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given; or
(e) if it is a spurious ballot paper; or (9 if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or
(g) if it bears a serial number, or is of a design, different fro111 the serial numbers or design, as the case may be, of the ballot papers authorized for use at the particular polling station ; o r
(h) if it does not bear the mark and the signature which it should have borne under the provision of the sub-rule (2) of rule 66:
Provided that where the returning officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by any mistake or failure on the part of a presiding officer or polling officer, the ballot paper shall not be rejected merely on the ground of such defect:
Provided fill-ther that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.
(3) Before rejecting any ballot paper under sub-rule(2) the returning officer shall allow each counting agent present a reasonable opportutlity to inspect that ballot paper but shall not allow him to handle it or any other ballot paper.
(4) The returning officer shall endorse on every ballot paper which he rejects the word" Rejected " and the grounds of rejection in abbreviated form either in his own hand or by rneans o f a rubber stamp and shall initiate such endorsement.
(5) All ballot papers rejected under this nlles shall be bundled together.
EXTRAORDINARY No. : 30 DATED : 20TH AUGUST, 2014.
(6) Every ballot paper which is not rejected under this role shall be counted as one valid vote :
Provided that no cover containing tendered ballot papers shall be opened and no such ballot paper shall be counted.
(4) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed;
(a) The counting supervisor shall fill in and sign Part I 1 - Result of Counting in Form 19, which shall also be signed by the returning officer; and
(b) The returning officer shall make the entries in a result sheet in Fonn - 20 and announce the particulars.
82. :- Tlie valid ballot papers of each candidate and the rejected ballot papers shall thereafter be bundled separately and the several bundles made up into a separate packet which sl~all be sealed with the seals of the retornil~g officer and of such of the candidates, their election agents or cot~nting agents as may desire to affix their seals thereon; and on the packets so sealed shall be recorded the following particulars, namely -
(a) the name of the ward;
(b) the particulars of the polling station where the ballot papers have been used; and
(c) the date of counting.
83. :- The provisions of rule 79, 81 and 82 shall apply so far as lnay be in relation to counting of ballot papers and votes, if any, which have been transferred from ballot boxes to cloth bags or cloth lined covers, under sub-rule (5) (a) of rule 71 :
Provided that any reference in the said rules to a ballot box shall be construed as a reference to a bag or cover to which the contents of a ballot box have been transferred.
EXTRAORDINARY No. : 30 DATED : 20TH AUGUST, 2014.
84. Count ing to be coatinuous :- The returning officer shall, as far as practicable, proceed continuously with the counting and shall, during any intervals when tltc counting Itas to be suspended, keep the ballot papers, packets and al l other papers relating to the election sealcd wit11 his own seal and tlte seals o f such candidates o f election agents as may desire to affix their seals and take sufficient prccautiotl for h e i r safe custody during such intervals.
85. :- (I) If a ties11 pol l is lleltl c~nder rule 54, the returning officer shall, after co~itpletion o f that poll, reconlmence the counting o f the votes 011 the date and at the time and place which have beer1 fixed by11 h i ~ n in that bellalfand o fwhic f l notice llas been previously giveli to the carttlidates ant1 their election agents.
(2) The provisions o f rules 81 and 82 o f this Rule shall apply so far as may be to such further counting.
86. Recou~ l t o f votes :- (1) After the co~ t~p le t i o t~ o f the countittg, the returning officer s l~a l l record in the result sheet i n Form - 20 the total a~ju~nber o f votes polled by each candidate and announce the salne.
(2) After such announcement has bee11 made, a candidate or i n his absence, his electio~i agent or any o f his counting agents may apply in writing to tlte returning officer to recount the votes eitlter wholly or in part stating the grounds on wliiclt he de~natlds suclt recount.
(3) On such all applicatio~t being rtiade the returning officer shall decide the matter and may allow the application in \vhole or i n part or may reject i t i n toto if i t appears to h im to be frivolous or utireasonable.
(4) Every decision o f the returning officer under sub-rule (3) shall be in writing and contain tlte reasons thereof.
I EXTRAORDINARY No. : 30 1 DATED : 2om AUGUST, 2014. 1
(5) If the returning officer decided under sub-rule (3) to allow a recount of the votes either wholly or in part he shall-
(a) do the recounting in accordance with the rule 81 ;
(b) arnend the result sheet in Form-20 to the extent necessary after such recount ; and
(c) announce the amendments so made by him.
(6) After the total number of votes polled by each candidate has been announced under sub-rule (I) or sub-rule ( S ) , the returning officer shall co~nplete and sign the result sheet in Form - 20 and no application for a recoutlt shall be entertained thereafter:
Provided that no step under this sub-rule shall be taken on the completion of counting until the candidates and election agents present at the cotnpletion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule
(2).
87. :- If, after the counting of the votes is completed, an equality of votes is found to exist between the candidates and the addition of one vote will entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls, had received an additional vote.
88. Declaratio~i of result of election and return of election :- (1) When the counting of votes has been completed, the returning officer shall, in the absence of any direction by the Election Commission to the contrary, forthwith declare the result of the election in the manner provided in these rules.
EXTRAORDINARY No. : 30 DATED : 2om AUGUST, 2014.
(2) The returning officer shall, -
(a) declare in Form No.-21 or Forni 21.A, whichever is applicable, the candidate to whom the largest number of valid votes have been given, to be elected and send signed copies thereof to the Director of Panchayat Elections, t l~e Co~nmission and the Administrator :
(b) complete and certify the return of election in Form-22 and setid signed copies thereof to the Commission and the Director of Panchayat Electio~~s.
89. Grant of certificate of election to returr~ed canditlates :- As soon as may be aRer a candidate has been declared by the returning officer to be elected, the returning officer shall grant to sl~cll candidate a certificate of election in Form-23 and obtain from the candidate an acknowledgetnent of its receipt duly signed by him and immediately send the aclu~owledgement by registered post to the Director of Panchayat Elections.
90. :- The Connnission, shall, as soon as possible, publish in the OMicial Gazette the list containing the names of the members/ Sarpanch elected to a Panchayat and also cause such a list to be affixed on the notice board of the office of the Director of Panchayats Election and the office of the Panchayat.
91. Date of clectioa of caadidates:- For the purpose of these rules, the date on which the candidate is declared by the returning officer to be elected to a Panchayat, shall be the date of election of that candidate.
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CHAPTER - XIV PUBIICATION OF ELECTION RESULTS
92. Where a general election is held for the purpose of constituting a new Panchayat, there shall be notified by the Commission in the Official Gazette, as soon as may, after the results of the elections in all the wards, other than those in which the poll could not be taken for any reason on the date originally fixed or for which the time for completion of the election has been extended under the provisions of these rules, have been declared by the returning officer, the names of the Sarpanchas Imea~bers elected for those wards and upon the issue of such notification that Panchayat shall be deemed to be duly constituted:
Provided that the issue of suc l~ notification shall not be deemed -
(a) to preclude -
(i) the taking of the poll and the completion of the election in any ward or wards in which the poll could not be taken for any reason on the date originally fixed or,
(ii) the cornpletion of the election in any ward or wards for which time has been extended under the provision for these rules; or
(b) to affect the duration of the Panchayat functioning immediately before the issue of the said notification.
EXSWORDINARY No. : 30 DATED : 2om AUGUST, 2014.
CHAPTER - XV MISCELLANEOUS (I) All ballot boxes used at an election shall be kept in such custody as the Director of Panchayat Elections lnay direct.
(2) The returning officer shall keep in safe custody -
(a) the packets of unused ballot papers with counterfoils attached thereto;
(b) the packets of the used ballot papers whether valid, tendered or rejected;
(c) the packets of the counterfoils of used ballot papers;
(d) the packets of the marked copy of the electoral rolls; and.
(e) all other papers relating to the election.
94. : -
(1) While in the custody of the returning officer -
(a) the packets of unused ballot papers with counterfoils attached thereto:
(b) the packets of used ballot papers whether valid, tendered or rejected;
(c) the packets of the counterfoils of used ballot papers; and
(d) the packets of the marked copy ofthe electoral roll, shall not be opened and their contents shall not be inspected by or produced before, any person or authority except under the orders of a competent court.
EXTRAORDINARY No. : 30 DATED : 2om AUGUST, 2014.
(2) Subject to such conditions and to the payment of such fee as the Election Commission may direct -
(a) all other papers relating to the election shall be open to public inspection; and
(b) copies thereof shall on application be furnished.
(3) Copies of the returns that the returning officer fotwards under role 88 shall be furnished by the rehlrning officer on payment of a fee of five rupees for each such copy.
95. Disposal of election p a ~ e r s : Subject to any directions to the contrary, given by the Election Comtnission or by a competent court -
(a) the packets of unused ballot papers shall be retained for a period of six tnonths atld shall thereafter be destroyed in sitch mariner as tile Election Commission may direct;
(b) the other packets, referred to in sub-rule (1) of the rule 94 shall be retained for a period of one year and shall thereafter be destroyed:
Provided that packets containing the counterfoils of used ballot papers shall not be destroyed except with the previous approval of the Election Commission;
(c) all other papers relating to the election shall be retained for such period as the Election Commission may direct.
EXTRAORDINARY No. : 30 DATED : 2om AUGUST, 2014.
VOTING BY ELECTRONIC VOTING MACHINES
96. V o t i ~ ~ g by Electronic Voting Macllines:- Notwithstanding anything contained in these rules, the giving and recording o f votes by voting machines, in such ~nanlier as may be prescribed, may be adopted in such Ward or Wards as the Election Cotninission 11avi11g regard to the circumstances o f each area specify.
Explanntion: " Voting Machine" means any machine or apparatus, wlletl~er operated electronically or otherwise used for giving or recording o f votes and any reference to a ballot box or ballot paper in these rules shall, save as otherwise provided; be construed as including a reference to such voting machine wllerevcr such voting machine i s used at any election.
97 Design o f Electronic Voting Macl~ines - Every electronic voting machine (hereinafter referred to as the voting machine) sllall have a control nnit and a balloting unit and shall be o f such designs as (nay be approved by the Election Commission.
98. Preparation o f voting n~acllines by the Returning Officer - (I) The balloting unit o f the voting machine shall contain such particulars as the Election Commission may specify.
(2) The names o f the candidates shall be arranged on the balloting unit in the same order in which they appear in the list o f the contesting candidates.
(3) If two or Inore candidates bear the same name, they shall be distinguished by the addition o f their occupatior~ or residence or in some other manner.
(4) Subject to the foregoing provisions o f this rule, the Returning Officer shall:-
(a) fix the label containing the names and sy~nbol o f the contesting candidates in the balloting unit and secure that unit with his seal and the seals o f such o f the contesting candidates or their election agents present as are desirous o f affixing the same;
(b) set the number o f contesting candidates and close the candidate set section in the control unit and secure it with his seal and the seal o f such o f the contesting candidates or their election agents present as are desirous o f affixing the same.
EXTRAORDINARY NO. : 30 DATED : 2om AUGUST, 2014.
99. Arrangements a t the polli~tg stations- 1 . The Returning Officer shall provide for each polling station one voting machine and copies of relevant part of the electoral roll and such other elections inaterial as [nay be necessary for taking the poll.
2. Without prejudice to the provisions of sub-role (I), the Returning Officer may, with the previous approval of the Election Commission, provide one cotnmorl voting machine for hvo or more polling stations located in the same premises;
100. Preparation of voting rnachit~es for poll - (1) The control unit and balloting unit ofevery voting machine used at polling station shall bear a label marked with -
(a) the serial number, if any, and the name of the Ward;
(b) the serial number and name of the polling station or stations as the case may be;
(c) the serial number of the unit; and
(d) the date of poll.
(2) Itntnediately before the commencelneot of the poll, the Presiding Officer shall demonstrate to the polling agents and other persons present that no vote has been already recorded in the voting machine.
(3) A paper seal shall be used for securing the control unit of the voting maching, and the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signature of such of the polling agents present as are desirous ofaf ixing the same.
(4) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in the control unit of the voting machine and shall secure and seal the same.
(5) The seal used for securing the control unit sllail be fixed in such manner that after the unit has been sealed, it is not possible to press the "result button" without breaking the seal.
(6) The control unit shall be closed and secured and placed in full view of the presiding officer and the polling agents and the balloting unit placed in the voting compartment.
EXTRAORDINARY No. : 30 DATED : 20M AUGUST, 2014.
101. Proced~rre for voting by voting niacltiue - (1) Before permitting an elector to vote, the Polling Officer sliall -
(a) record the electoral roll number o f the elector as entered in the marked copy o f tlie electoral roll in a register o f voters in Form 25.
(b) obtain the signature or the thamb impression o f the elector on the said register o f voters; and
(c) mark the name o f the elector in the marked copy o f the electoral roll to indicate that helstie has been allowed to vote:
Provided that 110 elector shall be allowed to vote unless helshe llas his signature or thumb in~pression on the register o f voters.
(2) I t shall not be necessary for any Presiding Officer or Polling Officer or any other officer to attest the tliumb impression o f the elector on the register o f voters.
102. Procednrcs of votirig by Electronic Vot i i~g Machines:- (I) Immediately on beirig permitted to vote, an elector shall proceed to the Presiding Officer or tlie Polling Officer in-charge o f tlie control unit o f tlie voting machine who shall, by pressing the appropriate button on the control unit, activate the balloting unit, for recording o f elector's vote.
(2) The elector shall thereafter forthwith -
(a) proceed to tlie voting compartment;
(b) record his vote by pressing the bunon 011 the balloting unit against the tiame and symbol o f the candidate for whom he intends to vote or against NOTA symbol, as the case may be; and
(c) come out o f tlie voting compartment and leave the polling station.
103. Recording o f votes o f blind or infirer electors:- (I) If the Presiding Officer is satisfied that owing to blindness or other pliysical infirtnities, an elector i s unable to recognize the symbol on the balloting unit o f the voting machine or unable to record hislher vote by pressing the appropriate butt011 thereon witl~out assistance the Presiding Officer shall permit the elector to take with himlher a companion o f not less than eighteen years o f age to the voting compartment for recording the vote on hisher behalf in accordance with hislher wishes.
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Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the satne day.
Provided further that before any person is permitted to act as the companion of an elector on any day under this rule that persons shall be required to declare that he/she will keep secret the vote recorded by him on behalf of the elector and that helshe has not already acted as the co~npanion of any other elector at any other polling station on that day.
(2) The Presiding Officer sl~all keep a record in Form 17 of all cases under this rule.
104. The Presiding Officer's entry in the voting compartment during poll:- (I) The Presiding Officer may, whenever he considers it necessaly to do, enter the voting cotuparttnent during poll and take such steps as may be necessaty to ensure that the balloting unit is not tatopered with any way.
(2) If the Presiding Officer has reason to suspect that an elector who has entered the voting compartment is tampering or otherwise interfering with the balloting unit or has remained inside the voting compartment for unduly long period, he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and orderly progress of the poll.
105. Sealing of voting machine after poll:- (1) As soon as practicable after the closing of the poll, the Presiding Officer shall close the control unit to ensure that no ftnther votes can be recorded and shall detach the balloting unit from the control unit.
(2) The control unit and the balloting unit shall thereafter be sealed, and secured separately in such manner as the Election Commission tnay direct and the seal used for securing the111 shall be so affixed that it will not be possible to open the units without breaking the seals.
(3) The Polling agents present at the polling station, who desire to affix their seals, shall also be permitted to do so.
EXTRAORDINARY No. : 30 DATED : 2oTH AUGUST, 2014.
106. Transmissiot~ of voting machiaes, etc to the Returning Officer - (1) The Presiding Officer shall then deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer may direct-
(a) the voting tnachine;
c (b) The account of votes recorded in For111 26;
(c) The sealed packets referred to in rule 104; and
(d) All other papers used at the poll.
(2) The Returning Officer shall make adequate arrangements for the safe transport of the voting machine, packets and other papers for their safe custody until the commet~cement of the counting of votes.
107. Closing of voting machine in case of boot11 capturing:- Where the Presiding Officer is of opinion that booth capturing is taking place at a polling station or at a place fixed for the poll, he shall iinuiediately close the control unit of the voting machine to ensure that no further votes can be recorded and shall detach the balloting unit from the control unit.
COUNTING O F VOTES FROM ELECTRONIC VOTING MACHINES
108. Scrutiny and ilispectiol~ of voting machines:- (I) The returning officer may have the control units of the voting machines used at more than one pollir~g station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously.
(2) Before the votes recorded in any control unit of voting machine are counted under sub-rule (I), the candidate or his election agent or his counting agent present at the counting table shall be allowed to inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy themselves that the seals are intact.
(3) The returning officer shall satisfy himself that none of the voting tnachines has in fact been tampered with.
I EXTRAORDINARY No. : 30 I 1 DATED : 20" AUGUST, 2014)
(4) If the returning officer is satisfied that any voting machine has in fact been tampered with, he shall not count the votes recorded in that machine and shall follow the procedure laid down in rule 53, as may be applicable in respect of the polling station or stations where that machine was used.
109. C o u ~ ~ t i n g of votes:- ( I ) After the returning officer is satisfied that a voting machine has in fact not been tampered with, he shall have the votes recorded therein counted by pressing tlle appropriate button marked "Result" provided in the control unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect of each such candidate on t l~e display panel provided for the purpose in the unit.
(2) As the votes polled by each candidate are displayed on the control unit, the retunring officer shall have -
(a) the number of such votes recorded separately in respect of each candidate in part I1 on Form 26;
(b) Part I1 of Fonu 26 completed in other respects and signed by the counting supervisor and also by the candidates or their election agents or their counting agent present; and
(c) corresponding entries made in a result sheet in Form 26 and the particulars so entered it1 the result sheet announced.
110. Sealing of voting mac11ines:- (1) After the result of voting recorded in a control unit has been ascertained candidate-wise and entered in Part I1 of Form 26, the returning officer shall reseal the unit with his seal and the seals of such of the candidates or their election agents present who may desire to affix the seals thereon so however that the result of voting recorded in the unit is not obliterated and the i~nit retains tlre tnelnory of such result.
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(2) The control unit so sealed shall be kept in specially prepared boxes on which the returning officer shall record the following particulars, namely :-
(a) the name of the Ward;
(b) the particulars of polling station or stations where the control unit has been used;
(c) serial number of the control unit;
(d) date of poll; and
(e) date of counting.
(3) the provisions of rules 82 to 85 shall, so far as may be, apply in relation to voting by voting machines and any reference in those rules to ballot paper, shall be construed as including a reference to such voting tnachine;
CHAPTER - XIV ELECTION F O R CASUAL VACANCIES
111. Casual Electiot~s : - (1) When the seat of a metnberISarpanch elected to a Panchayat becomes vacant or is declared vacant or hisker election to the Panchayat is declared void, the commission shall subject to the provisions of the sub-rule (2) below, by a notification in the Official Gazette, call upon the ward concerned to elect a person for the purpose of filling the vacancy caused before such date as may be specified in the notification, and the provision of the Regulation and these rules and order made thereunder shall apply, as far as may be, in relation to the electiori of a member to fill such vacancy.
(2) If the vacancy so caused by a vacancy in a seat reserved in any such wardl panchayat for the Scheduled Caste or for the Scheduled Tribe or for a woman, the notification issued under sub-rule (I) shall specify that the person to fill that seat belong to the Scheduled Castes or the Scheduled Tribes or be a woman, as the case may be.
", EXTRAORDINARY No. : 30 DATED : 2oTH AUGUST, 2014.
(3) Any casual vacancy shall be filled up within a period of six tnoliths from the date of occurrence of such vacancy, no election shall be held to fill a casual vacancy occurring within six months prior to the General Election of a Gram Panchayat or District Panchayat.
CHAPTER - XVII DISPUTES REGARDING ELECTIONS
112. Definitions :-In this chapter unless the context otherwise requires - .
(a) "candidate" means a person who has been or claims to have been duly nominated as a candidate at any election to any Panchayat;
(b) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition;
(c) "electoral right" means the right of a person to stand or not to stand as, 01. to withdraw or not to withdraw from being, a candidate, or to vote or refrain frorn voting at an election to a Panchayat:
(d) "High Court" means the High Court within the local limits of whose jurisdiction the election to which, the election petition relates has been held;
(e) "retarned candidate" means a candidate whose name has been published under relevant rule in the Official Gazette as duly elected.
113. Presetitation of petitions: (1) An election petition calling in question any election may be presented on one or more of the grounds specified in sub-rule (1) of rule 126 and rule 127 to the District Judge by any candidate at such election or any elector within fifteen days kom, but not earlier than the date of election, of the returned candidate.
Explanatios: - In this sub-rule 'elector' means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not.
I EXTRAORDINARY No. : 30 i 1 DATED : 20" AUGUST, 2014. 1
(2) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by t11e petitioner under his own signature to be a true copy of the petition..
114. : A petitioner shall join as respondents to his petition -
(a) where the petitioner, in addition to clain~it~g declaration that the election of returned candidate is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such fill-ther declaration is claimed, all the returned candidates :
and
(b) any other candidate against whom allegations of any corrupt practice are made in the petition.
115. (1) An election petition
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the comtnission of each practice; and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure,1908 (5 of 1908) for the verification of pleadings:
EXTRAORDINARY No. : 30 I DATED : 2oTH AUGUST. 2014. 1
Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an Affidavit in Form-24 sworn before a Magistrate of the first class or a Notary or a Con~missioner of Oaths in support of the all allegation of such corrupt practice and the pa~ticulars thereof.
(2) Any Schedule or anoexure to the petition shall also be signed by the petitioner and verified in the same tnanner as the petition.
A petitioner may, in addition to claiming a declaration that the election of the returned candidate is void, claim a fi~rther declaration that he himself or any other candidate has been duly elected.
114. (I) The District judge shall dismiss an election petition which does not cotnply with the provisions of role 113 or rule 114 or rule 137.
An order of the District Judge dismissing an election petition under this sub-rule shall be deemed to be an order made under clause (a) of rule 124.
(2) Where more election petitions than one are presented to the District Judge in respect of the same election, he may, in his discretion, try them separately or in one or more groups.
(3) Any candidate not already a respondent shall, up011 application made by hitn to the District Judge within fourleen days from the date of colntnencement of the trial and subject to any order as the security for costs which may be made by the District Judge, be entitled to be joined as a respondent.
For the purposes of this sub-rule and of rule 123, 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 01. claims made in the petition.
EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2014.
(4) The District Judge may, upon such terms as to costs and othenvise as he may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended 01. amplified in such manner as may in his opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.
(5) The trial of an election petition shall, so far as is practicable consistently with the interests ofjustices in respect of the trial, be continued from day to day until its conclusion, unless the District Judge finds the sdjourt~tnent of the trial beyond the following day to be necessary for reasons to be recorded.
(6) Every election petition shall be tried as expeditiously as possible and endeavor shall be made to conclude the trial within six months from the date on which election petition is presented to the District Judge for trial.
118. :- (1) Subject to the provisions of the Regulation and of any of the rules made thereunder, the trial of evely election petition by the District Judge shall be, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial suits:
Provided that the District Judge shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness if he is of the opinion that the evideuce of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness is doing so as on frivolous grounds or with a view to delay the proceedings.
(2) The provisions of the Indian Evidence Act,1872 (1 of 1872) shall, subject to the provisions of the Regulation and these rules, be deemed to apply in all respects to the trial of an election petition.
119. - Notwithstanding anything in any ellachnent to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.
120. :-No witness or other person shall be required to state for whom he has voted at an election.
121. (1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question rnay criminate or tnay tend to criminate liitn or that it may expose or may tend to expose him or any penalty or forfeiture :
Provided that -
(a) A witness who answer tnlly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the District Court, and
(b) An answer given by a witness to a question put by or before the District Judge shall not, except in the case of any criminal proceedings or perjury in respect of the evidence, be admissible in evidence against in any civil or criminal proceeding.
(2) When a certificate of indemnity has been granted to any witness, it may, be pleaded by him in any court and shall be a full and complete defence to or upon any charge under any law arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by the Regulation or any other law.
122. :- The reasonable expenses incurred by any person in attending to give evidence tnay be allowed by the District Judge to such person and shall, unless lie otherwise directs, be deemed to be part of the costs.
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123. Reeriminatioe wlte~t 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 conunencement of the trial, given notice to the District Judge of his intention to do so and has also given the secnrity and the fnrther referred to in rule 137.
(2) Every notice referred to in sub-role (1) shall be accompanied by the statement and particulars required by rule 115 in the case of an election petition and sl~all be signed and verified in like manner.
124. : At the conclusion of the trial of an electiot~ petition, the District Judge shall tnake an order -
(a) dismissing the election petition; or
(b) declaring the election of the returned candidate to be void; or
(c) declaring the electiotl of the returned candidate to be void and the Petitioner or any other candidate to have been duly elected.
125. : 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 c o n ~ ~ p t practice having been comtnitted at the election, recording- EXTRAORDINARY No. : 30 DATED : 20" AUGUST, 2014.
i) A finding wl~etl~er any cornipt 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 or 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:
Provided that a persot) who is not a party to the petition shall not be named in the order under sub-clause(ii) of clanse (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-examitling 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.
(1) Subject to provisions of sub-rule (2) below, ifthe 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 rehin~ed 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 - 74 - EXTRAORDINARY No. : 30 DATED : 20" AUGUST, 2014.
(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 rehlrned candidate by an agent other than his election agent; or iii) by the io~proper reception, refusal or rejection of any vote or the reception of any vote which is void; or iv) by ally non-compliance with the provisions of the Regulation or of these rules or orders made thereunder. The District Judge shall declare the election of tlle 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 suc11 corrupt practice was committed contraty 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.
In this the expression 'agent' has the same meaning as in section 124 of the Representation of the People Act, 195 1.
EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2011.
127. Grounds for which candidate otlrer t l ~ a n the returned candidate : If any person who has lodged a petition has, in addition, to calling in question the election of the returned candidate, clai~ned a declaration that he himself or any other candidate has been duly elected ar~d the District Judge is ofopinion-
(a) That in fact the petitioner or st~cll candidate received a majority of the total valid votes, or
(b) That but for the votes obtained by the returned candidate by corrtrpt practices, the petitioner or such other candidate would have obtained a majority of the valid votes; the District Judge shall atter 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. : If (luring the trial of an election petition it appears that there is an equality of votes behveen 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 rnade by the returning officer under the provision of the Regulation and these rules shall, is so far as it deternlirles the question behveen those candidates be effective also for the purposes of the petition; and
(b) In so far as that qt~estion is not determined by such a decision, tlle District Judge shall decide behveen them by lot and proceed as if the one on whom the lot then falls has received an additional vote.
EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2014.
129. : (1) An election petition may be withdrawn only by leave of the District Judge.
(2) Where an application for withdrawal is made under sub-ntle (I), notice thereof fixing a date for the hearing of the application shall be given to all other pat-ties to the petition and shall be published in the Official Gazette.
130. : (1) If there are more petitioners than one, no application to withdraw an election petition shall be made except wit11 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 cotlsideration which ought not to be allowed.
(3) If the application is granted -
(a) The petitioner shall be ordered to pay the costs of the respondents therefor incurred or such portion thereof as the District Judge may think fit;
(b) The District Judge shall direct that the notice of withdrawal shall be published in the Official Gazette and in such other manner as he may specify and thereupon the notice shall be published accordingly;
(c) A person who might have been a petitioner may within seven days of such publication, apply to be substituted as petitioner in place of the party withdrawing 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 rnay deem fit.
I EXTRAORDINARY No. : 30 1 DATED : 20" AUGUST, 2014. 1
131.
Commission :
When an application for withdrawal is granted by the District Judge and no person has been substituted as petitioner under clause (c) of sub-rule (3) of rule 130, in place of the party withdrawing, the District Judge shall report the fact to the Election Comtnissior~ and thereupon the Election Comtilission shall publish the report in the Official Gazette.
(I) An election petition shall abate only on the death of a sole petitioner or of the survivor of the several petitioners.
(2) Where an electiotl petition abate under sub-tule (I), the District Judge shall cause the fact to be published in such tnarltler as he may deem fit.
(3) Any person who might himself have been a petitiorler may, within seven days of such publication, apply to be substituted as petitioner and upon cotnpliatice with the conditions if any, as to security, shall be entitled to be so substitutetl and to continue the proceedings upon such terms as the District Judge may deern fit.
133.
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 shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within seven days of such publication, apply to be substitutetl in place of such respondent to oppose the petition and shall be entitled to continue the proceedings upon such tenns as the District Judge may deem fit.
- 98 - EXTRAORDINARY No. : 30 DATED : 2om AUGUST, 2014.
134. Appeals to Hieh Court :(I) 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 nnder rules 124 and 125.
(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 nnder 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.
(1) An application may be made to the District Judge for stay of operation of an order made by him under rule I24 or rule 125 before the expiration of the time allowed for appealing there from 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 afier at1 appeal has been preferred to the Higli Court.
(2) Where an appeal has been preferred against the order of the District Judge, tlie Higli Court may, on sufficient cause, being shown and on such ternls and conditions as it may think fit 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 and a copy of tlie stay order shall immediately be sent by the District Judge, or, as the case may be, the Higli Court to the Election Commission and to the Director of Panchayat Elections.
- 79 - EXTRAORDINARY No. : 30 DATED : 20TH AUGUST, 2014.
136. : (1) Every appeal shall be heard and detertnined by the High Court as nearly as may be in accordance with the procedure applicable to the Ilearing and determination of an appeal fro111 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 I-ligh Court sllall intimate the substance of the decisio~l to the Election Conltnission and the Director of Panchayat Election and as soon as may be thereafter shall send to the Election Commission an autl~enticated copy of the decision and upon its receipt, the Cotnmission shall-
(a) forward copies thereof to the authorities to which the copies of the order of the District Judge were fonvarded, and
(b) Cause the decision to be published in the Official Gazette.
(1) At the time of presenting an election petition, the petitiotler shall deposit in the District Court in accordance with the rules of that Court, a sum of two thousand rupees 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 fintiler security for costs as he may direct.
138. : 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, shall be entitled to the costs incurred by him in contesting the petition and accordingly the District Judge shall make an order for costs in favour of the returned candidate.
- 80 - EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2014.
139.
: (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, ruade 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 aRer payment under sub-rule (I) of the costs referred to in that sub-rule, st~cli 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, 01. 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 rnay 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 satne manner and by the same procedure as if it were a decree for the payment of money nlade by itself in a suit:
Provided that where any such costs or arly portion thereof tnay be recovered by an application rnade 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 ally 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 - XVIII COIIRWT PRACTICES AND OTHER MATTERS
141. : The corrupt practices specified in section 123 of the Representation of the People Act, 1951 (43 of 1951) shall be deerned 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, Oy one or more orders to be published in the Official Gazette, specify, fro111 time to time.
142. : No person shall in connection with an electiorl under the Regulation and these rules, promote or attempt to promote on grounds of religio~~, caste, race, cotntnunity or language, feelings of enmity of hatred behveen different classes of the citizeris of India.
143. : 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.
EXTRAORDINARY No. : 30 DATED : 2oTH AUGUST, 2014.
CHAPTER - XIX EXTENSION OF THE TIME FOR COMPLETION OF ELECTION.
144. Powers of Eleelion Con~mission: (I) Where in connection with the tendering of any opinion to the Administrator under section 21, the Election Commission considers it necessary or proper to make an inquiry, and the Election Commission is satisfied that on the basis of the affidavits filed and the documents produced in such enquiry by the ~~ar t ies concerned of their own accord, it cannot come to a decisive opinion on the matter wllicll is being inquired into, the Election Cornmissiorl 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 discovety and production of any docutnent or other material object produceable as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning any pnblic record or a copy thereof from any court or office; and
(e) issuing summons for the exatnitlation of witnesses or documents.
(2) The Election Com~nission 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 infortnation on such points or matters as in the opinion of the Election Comnlission may be useful for, or relevant to, the subject matter of the inquiry.
EXTRAORDINARY No. : 30 DATED : 20m AUGUST, 2014.
(3) Any proceeding before the Com~nission sltall be deemed to be a judicial proceeding within the meaning of section 193 and sectio~t 228 of the Indian Penal Code (45 of 1860).
145. Statelllent ~nat le bv persons to the Corntnission: No statement made by a person in [he course of' giving evidence before the Cotncnission shall subject ltitn to, or be used against 11im in, any Civil
01. Criminal proceeding, except a prosecl~tion for giving false evidence by suc11 statenlent :
Provided tltat the statetnent -
(a) is made in reply to a qucstion whicl~ he is required by the Cornmission to answer ;o r
(b) is relevant to the subject matter ofthe inquiry.
146. Procetlure to be follo~vetl by tlle Comtnissio~: The Electiott Com~nission shall Itave the power to regulate its own procednre (inelt~ding fixing of places and times of its sittings ant1 deciding whetl~er to sit in public or in private).
147. : No suit, prosecution or other legal proceeding sl~all lie against the Co~nmission or any person acting under the direction of the Colntnissiott in respect of anytlling whicl~ is in good faith done or intended to be done in ptlrsuance of the foregoing provisions of this chapter or of any order inade there~~rtder or in respect of tendering of any opinion by thc Com~nission to the Administrator or in respect of the pnblication, by or under the authority of the Commission of any such opiniop, paper or proceedings.
148. I lxte~~siott of time for cornl~letio~l of election: It shall be competent for tlte Contmissio~t for reasons wltich it considers sufficient, to extent! the time for the completion of any electio~t by making necessary atnend~nents, i n the notification issued by it.
EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2014.
149. Repeal and Savings : As from the date of com~nencemeot of these Rules, the Da~nan and Diu Village (Panchayats) (Election Procedure) Rules,1995 will stand repealed:
Provided that such repeal sliall'not affect any provision ill those rules which is not inconsistent with the provisions of the Regulation or these Rules, unless and unlil that provision is superseded by any law.
By order and in the inaliie of the Hon'ble Atlministrator of Datnan & R i ~ t and DNH.
FORM 1 (See rule 12 ) The Electors of the ..................................................... Ward of ..................................... Grain PanchayatIDistrict Panchayat.
Notice is hereby given that the electoral roll has been prepared in accordance with rule 12 of Dalnarl and Diu (Panchayats) (Election Procedure) Rules,2014 and a copy thereof is available for inspection at tny office and at .................................... during office hours.
If there be any soggestion or objection to the inclusion or exclusion of names of voters rcsiding 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 Forrn 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, (Address) ........................
FORM 2 [See rule 131 Suggestion or objection to the inclusion or exclusion of name or voters residing in the territorial liniits of ..................... ward of ...................... Gram Panchayat 1 District Panchayat.
TO r The Electoral Registration officer, .................... ward.
Sir, *I/We request that the names of voters residing in the following houses fallitlg within the territorial limits of ................... Ward tnay be it~cluded/excluded as these houses are withinloutside the territorial litnit of the Panchayat.
Place: .................................. .....................................
Signature or thutnp itnpression of the *applicantlapplica~~ts ....................................... (phforation) ..I .........................................................
Intimation of action taken The application in Fortn 2 relating to inclusiotdexclusion of tlatnes of voters residing in the following houses has been - *a) Accepted and their names have been included intexcluded frotn the electoral roll vide Serial No.. .................... in parl No. ............................
*b) Rejected for the reason ........................................................................
*House Nos.
1.
2.
Y 3.
4.
5 .
(perforation ).. ............................................. ........................................
EXTRAORDINARY No. : 30 DATED : 2oTH AUGUST, 2014.
Receipt for application Received the application in Fortn 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.
EXTRAORDINARY NO. : 30 DATED : 2oTH AUGUST, 2014.
FORM 3 [See rille 15 ] Notice of final publication of electoral roll It is h'ereby notified for public information that the list of arnendtnents to the draft electoral roll for the ...................... Ward has been prepared in accordance with the Daman and Din (Panchayats) (Election Procedure) Rules,2014. A copy of the said roll has been published and will be available for inspection at my office.
Electoral Registration Officer ( Address) ..........................................
Place : .....................
Dated: .....................
EXTRAORDINARY No. : 30 DATE0 : 2oTH AUGUST, 2014.
FORM 4 [See rule 30 ] NOTICE OF ELECTION Notice is hereby given that :- I . An election is to be held of a member to .................... ward o f . . ...................
Gram PanchayatIDistrict Panchayat.
2. Non~ir~ation papers may be delivered by a candidate or his proposer to the Returning Officer, at ...................................... or to the Assistant Returning Officer, at ........................... behveen at 11.00 a.m. and 3.00 p.m. on any day (other than a public holiday) not later tliar~ 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 witlidrawal of candidature may be delivered by a candidate or his proposer or his election agent who has been ac~thorized 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 electioo being contested, the poll will be taken on ........................... .............................. between the hours of and Place: .................
Date: ..................
Returning Officer X Strike off inappropriate words.
1 EXTRAORDINARY No. : 30 ;I IST. 2014.
FORM 5 [See rule 32 ] NOMINATION PAPER ........................... Election to the ......................... ..ward o f . . Gram Panchayatl District Panchayat.
I nominate as a candidate for election to the ....................... Gram Panchayatl District Panchayat.
Candidate's Name ...............................................
Father'sRIusband's Name ..............................................
I-lis 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 at11 set up at this election by the .................................. Party
(c) That the sytnbols I have chosen are, in order of preference
(i) ......................... .. ................... (i i) ......................................
and (iii) ......................................
(d) That my name and my fnther'slhusband's name have been correctly spelt out above in ............................ (name of the langoage).
(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 .................................
* 1 further declare that I am a member of the caste which is a Scheduled Caste in the Union Territory.
* 1 further declare that I am a member of the tribe which is a Scheduled Tribe in the Union Territory.
* I further declare that I arn a wornan.
EXTRAORDINARY No. : 30 DATED : 20M AUGUST, 2014.
Cash deposit Receipt bearing No.. .............. dated ................... for rupees ............................... Is attachedlhas 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 Officcr) Serial No. of nomination paper ..................................
This nomination was delivered to me at my oftice at ....................... hour) on ................. ...( date) by the *candidatelproposer.
........................ Date: Returning Officer Decision of Returning Officer accepting or rejecting the non~ination paper.
I have examined this nomination paper in accordance with rule 36 of the Daman and Diu (Panchayats) (Election Procedure) Rnles, 2014 and decide as follows:- Date: .................... Retunling Officer ....................................... (perforation) ............................................................
Receipt for Nomination paper and notices of scrutiny (To be handed over to the person presenting tile nomination paper) Serial No. of notnination paper.. ..................
The nomination paper of .................................................... a candidate in election from ..................... ward of the Gram Panchayat / District Panchayat was delivered to me at my office at .................. (hours) on ..................( date) at ..................... (place) Date:. ..................... Retnming Officer * Score ont the words not applicable.
EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2014.
FORM 7 [See rules 36(8) and 36(9)] LIST OF VALIDITY NOMLNATED CANDIDATES Election to the ......................................................... Gram Panchayat 1 District Panchayat from .................................. Ward.
Sr. Narne of Candidate Name of Address Party No. fatherlhrrsbandof the afiliatiol~ Calldidate Place: ....................... Returnit~g Officer Date:. .........................
* Strike off the inappropriate alterrlative / DATED : %om AUGUST, 2014. 1 FORM 8 [ See rnle 37(1) ] Notice of withdrawal of candidature Election to the Gram Panchayats/District Panchayat ......................................................... ward.
To The Returning Officer, ............................................................................ I, A candidate validly norninated 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 ine at my office at (hour) on .................................................................. ........................ (date) by (Narne) 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 Gratn Panchayats / District Panehayat from ...................... ward was delivered to me by the * ................................................... at my office at ........................... (hour) on ........................... (date).
Retnrning 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.
EXTRAORDINARY ~o . -7 -30 2 I 1 _ - I DATED : 2om AUGUST, 2014. 1 F O R M 9 [ See rule 38(1) 1 LIST OF CONTESTING CANDIDATES Election to Gram Panchayat / District Panchayat from ward. ............................................................................................
----" Sr. Name of candidate Address of Party Symbol No. candidate affiliation allotted ---- (I) (2) It is hereby declared that the poll will be taken on ............................ date) behveen the hours of ........................... and ........................ at the pollitig stations.
Place: ..................
Dated: ..................
* Strike off the inappropriate alternatives.
EXTRAORDINARY No. : 30 DATED : 2om AUGUST, 2014.
F O R M 10 [ See rule 40(1) ] APPOINTMENT OF ELECTION AGENT Election to Gram Panchayat 1 District Pancl~ayat from .............................................. Ward.
To The Returning Officer ............................. (Ward) I, ..................................................................................................
a candidate at the above election do hereby appoint ........................................ of .......................................... my election agent from this day at tile 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.
- 97 - EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2014.
F O R M 11 [ See rule 40(3) 1 Revocation of Appointment of EIectioti Agent Election to Gratn Pancl~ayat / District Panchayat from the ..................... .. .. .. .. .. .. .. ......
To The Returning Officer I, ...................................................................................................
.................. a candidate at the above election, hereby revoke the appointment o f .
........................................ my election agent.
Place:
Date:
Signature of the candidate ................................................................................................................
----- * Strike off the inappropriate alternatives.
EXTRAORDINARY No. : 30 DATED : 20m AUGUST,' 2014.
F O R M 12 [ See rule 41(1) ] APPOINTMENT OF POLLING AGENT Election to Gram PanchayatIDistrict Panchayat ................................. from.. ...... :. Ward.
............................................ I , .................... ........ a candidatel 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:
Place:
Date:
Signature of Ca~~didatel Electio~~ agent.
I agree to act as such polling agent 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 Daman and Dio (Panchayats) (Election Procedure) Rules, 2014 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.
EXTRAORDINARY No. : 30 DATED : 20M AUGUST, 2014.
F O R M 13 [See rule41(4) Revocation of Appointment of Polling Agent ........................... Election to Gram PanchayatIDistrict Panchayat frorn ward.
To The Presiding Officer, ......................................................................... I, a ** candidate/election agent of .................................... .... . at the above election, hereby revoke the .............................................. appointment of ** mylhis polling agent.
Sigtlature of the Candidate **/Election Agent.
Place:
Date:
** Strike off the inappropriate alternatives.
- 100 - EXTRAORDINARY No. : 30 DATED : 20M AUGUST; 2014.
F O R M 14 [See rule 42(1) ] Appointinent of Counting Agents Election to .......................................................................... Gram Panchayatl District Panchayat from .............................................. Ward.
To The Returning Officer, ............................ .......................................................... 1, .... 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 ..................................................
1.
2.
3.
etc.
1.
2.
3.
etc.
Place:
Date:
Name of the Counting Agent Address of the Countir~g Agent Signature of the candidate**/ Election Agent.
We agree to act as such counting agents.
Signah~re of the counting agents.
EXTRAORDINARY No. : 30 DATED : 2om AUGUST, 2014.
Declaration of the Counting Agents ( T o be signed before the Returning Officer ) We hereby declare that at the above election we will not do anything forbidden by Daman and Diu (Panchayats) (Election Procedure) Rules, 2014 which we have read**/has been read over to us.
L.
3.
etc.
Date : Signature of the counting agents Signed before me Date:
Signature of the Returning Officer ** Strike off the inappropriate alternative.
EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2014.
F O R M 15 [ See rule 42(3) ] Revocation of appoirittnent for Connting Agent.
~ lec t ibn to .......................................................... Gram Panchayatl ....................................................................... District Panchayat from the ward.
To The Returning Officer ....................................................................................................... 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 altert~atives.
a"- EXTRAORDINARY No. : 30 DATED : 2 0 ~ AUGUST, 2014.
F O R M 16 [See rule 63(2) (c) I LIST OF CHALLENGED VOTES Election to .............................................................. Gram Panchayat/District Panchayat from ........................................ Ward.
Number and name of Pollingstation .......................................................................... in .......................................... Ward.
Serial Name of Sr. No. Serial No. Signature Address Name of Name of Order of Signature Number elector of part of elector's of thumb of the identifi- challenger Presiding Challenge of entry of roll name in impression person er if any Officer on receivi that part of the challenger refund of person deposit.
challenged
(1) (2) (3) (4) (5) (6) (7) (8) (9) (101 -I--_-_-- - ------ - - ----- - - Dated:
Signature of Presiding Officer * Appropriate particulars of the Election to be inserted here.
EXTRAORDINARY No. : 30 DATED : 2oTH AUGUST, 2014.
F O R M 17 [ See rule 67(2) ] List of blind and inf i rn~ voters Election to Grarn Panchayat/District Panchayat from the ................ :. ................................................................................... ward Number and name of the polling station ..............................................................
-- --- Part number & Full Name Full name of Address of Serial No. of of Elector Companion Companion Elector Signature of Companiorl ................................................................................................................
Date:
Signature of Presiding Officer * Strike off whichever is inapplicable.
.
EXTRAORDINARY No, : 30 DATED : 20TH AUGUST, 2014.
[ See Rule 69(2) ] List of Tendered Votes Election to Gram 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 tende- of ballot thumb itnpression and name of red 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 - 106 - EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2014.
F O R M 19 [ See rule 72(1) ] Part I : Ballot Paper Accotlnt ............... ........................... Electiorl to Gram PanchayatIDistrict Panchayat from the .......................................... Ward.
Number and hame of pollitlg station .........................................
Serial Nos.
From 7-0 Total No.
I . 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 catlcelled 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 No. : 30 --. - - - - DATED : 20m AUGUST, 2014. . - .- -
PART I1 RESULT OF COUNTLNG [See Rule 8 1(7)(a)J I. Name of candidates No. of valid vote caste I .
2.
3.
4.
5.
6. None Of The Above (NOTA) etc.
11. Rejected Ballot Papers 111 Total Whether the total number of ballot papers sllown in Item No.111 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 - 108 - EXTRAORDINARY No. : 30 DATED : 2om AUGUST, 2014.
F O R M 20 [ See rule 81(7)(b) ] FINAL RESULT SHEET Election ' to Village PanchayatJDistrict Panchayat from ......................................... ......... . Ward.
Serial No. No. of valid Total No. Total No. No. of Total No. Total No.
of polling votes cast of NOTA of valid Rejected of valid of tendered Station in favour of votes votes votes and votes Candidates rejected A B C D votes L.
3.
etc.
Total votes polled Place:
Date:
Returning Officer * Strike off the words inapplicable EXTRAORDINARY No. : 30 DATED : 20TH AUGUST, 2014.
F O R M 21 [ See rule 88(2) ] Declaratio~t of the result under rule 88(2) (a) of Dantan and Diu (Panchayats) (Election Procedure) Rules, 2013.
Election to Gram Panchayat/District Panchayat from Ward ** reserved for WornenlScheduled CastesRribes.
In the pnrsuance of the provisions contained in rule 87(2) (a) of Darnan and Diu (Panchayats) (Election Procedure) Rules,2014 I declare that ................... .. ......... ... .................... .......( Address) ............. ...................... Sponsored by .... (name of the recognizedlregistered 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.
EXTRAORDINARY No. : 30 DATED : 2oTH AUGUST, 2014.
F O R M 2 1 A [ See rule 88(2) ] Declaration of the result under rule 88(2) (a) of Daman and Diu (Panchayats) (Election Procedure) Rules, 2014.
Election to Gram PanctiayatlDistrict Panchayat from Ward In the pursuance of the provisions contained in rule 88(2) (a) of Darnan and Diu (Panchayats) (Election Procedure) Rules,2014 I declare that ................... .. .............................................. (Natne) ............................................ (Address) sponsored by .......................................
O\larne 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 becornelhaving been declared vacant.
Place:
Date:
Signature of Returning Officer ...............................................................................................................
* Score out, if inappropriate.
I EXTRAORDINARY No. : 30 1 I DATED : 20TH AUGUST, 2014. 1 F O R M 2 1 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.. ................................................ Gram PanchayatDistrict Panchayat from ........................................... Ward.
In the pursuance of the provisions of sub-rule (1) of rule 39 of Daman and Diu (Panchayats) (Election Procedure) Rules,2014, 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 OMicer * Score out the inappropriate words.
- 112 - EXTRAORDINARY No. : 30 DATED : 20m AUGUST, 2014.
F O R M 2 1 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.. ..........................
............................................................... Gram Panchayatf District Panchayat from ................................................ Ward.
In pursuance of the provisions contained in sub-rule (1) of rule 39 of the Daman and Diu (Panchayats) (Election Procedure) Rules, 2014, I declare .................................................... that (Name ..............................................
................................................................ (Address) sponsored by (Narne of the political party) has been duly elected to fill the vacancy caused in that Panchayat bythe * ........................................................................ resignatioddeatWelection o f . .
(having been declared void) and the seat having been vacant.
Place:
Date:
Signature Returning Officer *Score out, if inappropriate.
- 113 - EXTRAORDINARY NO. : 30 DATED : 2oTH AUGUST, 2014.
F O R M 22 [ See Rule 88(2) (b) 1 Return of Electiort ............................................................. Election to the * Grarn Panchayatl ....................................................... District Panchayat from the Ward reserved for ** Scheduled Trihes/Schednled CasteslWotnen.
Return of Election Serial Name of Party Nurnber 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.
- 114 - EXTRAORDINARY No. : 30 DATED ; 2oM AUGUST,. 2014.
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 ShriISmt.
of ...........................................................................
................................................................. sponsored by ........................................... (name of recognized political party) to have duly elected by the said ward in the General Election/Bye-election to be a member1 sarpanch of the said Panchayat and that in token thereof I have granted to him this certificate of Election.
Place:
Dated:
Returning Officer (Seal) - 115 - EXTRAORDINARY No. : 30 DATED : 2oM AUGUST, 2014.
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 ShriIShrimati ............................................................................. (respondent) No. ............................. in the said petition) make solemt~ly affirmation and say:
.......................... (a) That the statement made in paragraphs of the accompar~ying electioll 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 it1 paragraphs ..................... of the schedule annexed thereto are true to my information:
( 4 etc.
Signature of deponent Solemnly affirtned/sworn by Shri/Shrimati ..........................................
.................. at ................................... this day of .................... 20 Before me Magistrate of the First Class Notary/Commissioner of Oaths * Here specify the rlame of the corrupt practice.
EXTRAORDINARY No. : 30 DATED : 20TH AUGUST, 2014.
F O R M 25 [ See rule 101 (I) (a)] (Voting by Electronic Voting Machine) Election to the Gram Pancbayat 1 District Panchayat from ..................................... ... ................................................................... ..w ard and Name of Polli~lg Station .........................................
Part No. of Electoral Roll.. ...............................
SI No. S1. No. of elector Signature /Thump Remarks In the electoral impression of roll elector
1.
2.
3.
4.
etc.
Signature of the Presiding Officer - 117 - EXTRAORDINARY No. : 30 DATED : 2oTH AUGUST, 2014.
F O R M 26 [ See rule 106(l)(b) ] (Voting by Electronic Voting Machine)
PART I, - ACCOUNT OF VOTES RECORDED Electiotl to the Gram Panchayat 1 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 li. Control unit
1. I Total No. of electors assigned to the Polling Station 1
2. 1 Total No. of voters as entered in the Register for Voters I
3.
4.
5.
6.
(a) received for use Date .....................
Place .................... Signature of Presiding Officer Polling Station No.
7.
8.
(Form 25) No. of voters deciding not to record votes under Rule 96-I:
No. of voters not allowed to vote under Rule 96-I:
Total No. of votes recorded as per voting machine Whether the total No. of votes a s shown against item 5 tallies with the total No. of voters as shown against iten12 rninus No. of voters deciding not to record votes against itern 3 tninus No. of Voters as against item 4 (2-3-4) of any discrepancy noticed I No. of voters to whom tendered ballot papers were issued ] No. of tendered ballot papers C EXTRAORDINARY No. : 30 DATED : 20" AUGUST, 2014.
(Voting by Electronic Voting Machine)
PART 11 - RESULT OF COUNTING .. -- -.
-. . . . . ... . . ... .. .- - No. ol' \'CIICIS recordvd - Government Printing Press, Daman. 08/2014 - 250.
[Price Rs. 60.00 j
2.
, 3 .
4.
5.
6.
I --
7.
8.
9.
- None Of The Above (NOTA) Total Place ..............
Date ................ Signature of CountinglSupervisor Nmne of candidatc/election agentlcountil~g agent Full sig~~ature I .
+ 3 .
4.
5.
6.
7.
.-
8.
Place ..............
Date ................ Sigllature of Returning Officer