A candidate at an election may appoint any one person other than himself to be his^ election agent and every such appointment shall be made in Form 8. When any such appointment, is made,0 the notice of the appointment shall be given by forwarding the same in duplicate to the Returning Officer who''^ shall return one copy there of to the election agent after affixing thereon his seal and signature in token of his^ approval of the appointment.• ?~^ ?' ^^
24.Disqualification for being an election agent- Any person who is for the time being disqualified under,- the Act for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an*C ,w election agent at any election
25.Revocation of the appointment, or death, of an election agent— (1) Any revocation of the appointment of an election agent shall be made in Form 9 and shall be signed by the candidate, and shall^ ^^ operate from the date on which it is lodged with the Returning Officer.'*-. *^
(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or' ^ during the election, the candidate may appoint another person to be his election agent and every such*^' appointment shall be in the manner prescribed by rule 23. When such appointment is made, notice of^"> appointment shall be given by forwarding the 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^, ^v appointment' _ w
26.Functions of election agents- An election agent may perform such functions in connection with the9 election as are authorised by or under these rules to be performed by an election agent<f-~- * .c
CHAPTER-HI -GENERAL PROCEDURE AT ELECTIONS
34.Death of candidate before poll- If a contesting candidate dies and a report of his death is received before the commencement of the poll, the Returning Officer shall upon being satisfied of the fact of the death of the candidate, countermand the poll only in the case of a candidate having reserved symbol and report the fact to the Director and all proceedings with reference to the election shall be commenced afresh in all respects as if for a new election:
Provided that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of countermanding of the poll.
Provided further that no person who has given a notice of withdrawal of his candidature under rule 20 before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.
35.Procedure in contested and uncontested elections— (1) If the number of contesting candidates fora seat is more than one, a poll shall be taken.
PART IV IDELHI GAZETTE EXTRAORDINARY II
(2) Any revocation of the appointment of a counting agent shall be in Form 18 signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Returning Officer and in the event of such a revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his election agent may appoint another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the manner specified in rule 74.
30.Functions of polling agents and counting agents- (1) A polling agent may perform such functions in connection with the poll as are authorised 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 authorised by or under these rules to be performed by a counting agent
31.Candidates and agents to wear badges- The candidates, election agent, polling agents and counting agents to be admitted inside the polling station will be supplied by the Director on payment of such amount as he may fix distinguishing badges which shall be worn on the chest for the purpose of identification. No candidate, election agent or polling agent shall be allowed to enter the polling station unless he wears the official badge.
• •
32.Attendance of a contesting candidate or his election agent at polling stations and performance by him of the functions of a polling agent or counting agent- (1) At every election where a poll is taken, each contesting candidate at such election and his election agent shall, subject to the provisions of rule 31, have a right to be present at any polling station provided under rule 7 for the talcing of the poll.
(2) A contesting candidate or his election agent may himself do any act or tiling which any polling agent or counting agent of such candidate, if appointed, would have been authorised by these rules to do, or may assist any polling agent or the counting agent of such candidate in doing any such act or tiling.
33.Non-attendance of polling or counting agents- Where any act or thing is required or authorised by these rules to be done in the presence of any polling or 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, invalidable the act or thing done.
tj9 * * f0 IK the Administrator.^ the Returning Officer shall forthwith report the matter to the Director and 0 12DELHI GAZETTE EXTRAORDINARY|PARTIV
(2)If there is only one contesting candidate for a seat, the Returning Officer shall immediately after affixing the list of contesting candidates under rule 22 (1) declare the result of the election in Form 20 or Form 20A as may be appropriate, and send copies thereof to the Director.
The Director shall cause to be published in Delhi Gazette the declaration(s) containing the names of the elected candidatefs).
(3)Where a ward has failed to elect a person to fill the seat allotted to it, the Administrator shall, by,*-*•' notification in the Delhi Gazette under rule 11 (3) again call upon that ward to elect a person, if he is satisfied. ^ that on being called upon again there will be no such failure on the part of the ward. ' <
CHAPTER IV-THE POLLf'*
36.Fixing time for polL The Director shall fix the hours during which the poll will be taken and the hours so fixed shall be published by notification in the Delhi 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,.
37.Adjournment of poll In emergencies- (1) If at an election the proceedings at any polling station are interrupted or obstructed by 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, the Presiding Officer for such polling station shall announce mi adjournment of the poll to a date to be notified later, and forthwith inform the Returning Officer concerned.
(2)Whenever a poll is adjourned under sub-rule (1), the Returning Officer shall immediately report the circumstances to the Director and the Administrator, and the Returning Officer shall as soon as may be, with die previous approval of the Administrator appoint the day on which die poll shall recommence, and fix the - polling station at which and the hours during which, the poll will be taken, and the Returning Officer shall not count the votes cast at such election until such adjourned poll shall have been completed.
(3)In every such case as aforesaid, the Returning Officer shall notify in the Delhi Gazette the date, place and hours of polling fixed under sub-rule (2)..
38.Fresh poll in the case of destruction etc 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 is accidentally or intentionally destroyed or lost, or is -damaged or ^tampered with, to such an extent, that the result of the poll at that polling station ,• •*cannot be ascertained, or '. •3^-*•-^
(b)any such error or irregularity in procedure as is likefy to vitiate the poll is^^' committed at a polling station, c c
40.Voter on election duty-definition- ' Voter on election duty* means any polling officer, Presiding Officer or other public servant, who is an elector in the ward and is by reason of his being on election duty unable to vote at the polling station where he is entitled to vote.
41.Intimation by voters on election duty— (1) A voter on election duty who wishes to vote by post at an election shall sent an application in Form 12 to the Returning Officer so as to reach him at least seven days or such shorter periods as the Returning Officer may allow before the date of poll, and if the Returning Officer is satisfied that the applicant is a voter on election duty, he shall issue a postal ballot paper to him.
(2) Where such voter, being a polling officer, presiding officer or other public servant on election duty in the ward of which he is an elector wishes to vote in person at an election in a ward and not by post, he shall send an application in Form 12A to the Returning Officer so as to teach him at least four days or such shorter period as the Returning Officer may allow, before the date of poll; and if ^ee Returning Officer is satisfied feat fee applicant is such public servant and voter on election duty in fee ward, he shall-
(a)issue fee applicant on election duty certificate in Form 12B
(b)mark "EDC against his name in fee marked copy of fee electoral roll to indicate feat an election duty certificate has been issued to him; and
(c)ensure feat he is not allowed to vote at fee polling station where he would otherwise have been entitled to vote.
PART IV |DELHI GAZETTE EXTRAORDINARY13
(2)There upon the Administrator shall after taking all material circumstances into account, either—
(a)declare the poll at that polling station to be void, appoint a day and fix the hours, for taking a fresh poll at that polling station and notify the day so appointed and the hours so fixed in such manner as he 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 or that the error or irregularity in procedure is not material, issue such directions to the Returning Officer as he may deem proper for the further conduct and completion of the election.
(3)The provisions of these rules shall apply to every such fresh poll as they apply to the original poll.
39. Manner of voting - (1) At every election where a poll is taken, votes shall be given by ballot in the manner prescribed by these rules and no votes shall be received by proxy.
(2)Save as hereinafter provided, all electors voting at an election shall do so in person at the polling station provided for them under rule 7.
(3)No elector shall vote in more than one ward and if an elector votes in more than (me ward, the votes in all such wards shall be void.
(4)No elector shall vote in the same ward more than once, notwithstanding that his name may have been registered in the electoral roll for that ward more than once and if he does so vote, all his votes in that ward shall be void.
CHAPTER V- POSTAL BALLOT
(b)mark the name of the elector in the marked copy ofthe electoral roll to indicate that a ballot paper has been issued to him, without however recording therein the serial number ofthe ballot paper issued to that elector; and
(c)ensure that the elector is not allowed to vote at a polling station.
(3)Every officer under whose care or through whom a postal ballot paper is sent shall ensure its delivery"^*"^ to the addressee without delay. ^ - •' ^-Q.
(4)After ballot papers have been issued to all die electors entitled to vote by post, die Returning Officer^ shall at an election in a ward, seal and send the relevant parts of the marked copy to die several Presidingf y% Officer for marking the names of electors to whom ballot papers are issued at die polling stations without^ however recording therein the serial number of the ballot papers issued to the electors.< • \^
(5)The Returning Officer shall also seal up in a separate packet the counterfoils ofthe ballot papers issued to electors entitled to vote by post and record on the packet a brief description of its contents and the date on^^ O which it was sealed.••"..
4 a
(6)No election shall be invalidated by reason that an elector has not received his ballot paper provided" ^ that a ballot paper has been issued to him in accordance with these rules. \ elector as entered in the marked copy ofthe electoral roll;'' • 14DELHI GAZETTE EXTRAORDINARY|PART IV
42.Form of postal ballot paper- (1) Every postal 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 bef Q in such language or languages, as the Administrator may direct
(2)The names ofthe candidates shall be arranged on the postal ballot paper in the order in which they/•>- appear in the list of contesting candidates.•; "^
(3)If two or more candidates bear the same name, they shall be distinguished by the addition of their^*S' occupation or residence or in some other manner.^^
43.Issue of postal ballot paper -<1) A postal ballot paper shall be sent by post under certificate of\ ^^ posing to the elector together with—f^^^
(a)a declaration in Form 13 A.^r^^
(b)a cover in Form 13BW*3
(c)a large cover addressed to the Returning Officer in Form 13 C; andf \%
(d)instructions for tire guidance ofthe elector in Form 13D./- v
Provided that the Returning Officer may deliver the ballot paper and forms, or' < cause them to be delivered, to such voter personally.j J^^
(2) The Returning Officer shall at the same time—^ "-^
(a) record on the counterfoil ofthe ballot paper, the electoral roll number ofthe r
PART IV1DELHI GAZETTE EXTRAORDINARY15
44.Recording of vote— (I) An elector who has received a postal ballot paper and desires to vote shall record his vote on the ballot paper in accordance with the directions contained in Part I of Form 13D;
and then enclose it in the cover in Form 13B.
(2) The elector shall sign the declaration in Form 13-A in the presence of, and have the signature attested by a Magistrate or a Gazetted Officer to whom he is personally known or to whose satisfaction he has been identified or the Presiding Officer of the polling station at which he is on election duty.
45.Assistance to illiterate or infirm electors- (1) If an elector is unable through illiteracy, blindness or other physical infirmity to record his vote on a postal ballot paper and sign the declaration in Form 13A, he shall take the ballot paper, together with the declaration and the covers received by him to an officer referred to in sub-rule (2) of rule 44 and request such officer to record his vote and sign the declaration on his behalf.
(2) Such officer shall thereupon mark the ballot paper in accordance with the wishes of the elector in his presence, sign the declaration on behalf of the elector and complete the appropriate certificate contained in Form 13A.
46.Re-issue of postal ballot paper - (1) When a postal ballot paper and other papers sent under rule 43 are for any reason returned undelivered, the Returning Officer may re-issue them by post under certificate of posting or deliver them or cause them to be delivered to the elector personally on a request being made by him,
(2)If any elector has inadvertently dealt with his ballot paper or any or other paper sent to him under rule 43 in such a manner that they cannot conveniently be used, a second set of the papers shall be issued to him after he has returned the spoilt papers and satisfied the Returning Officer of the inadvertence.
(3)The Returning Officer shall cancel the spoilt papers so returned and keep them in a separate packet after noting thereon the particulars of the election and the serial numbers of all such cancelled ballot papers.
47.Return of postal ballot papers- (1) After an elector has recorded his vote and made his declaration under rule 44 or rule 45, he shall return the postal ballot paper and declaration to the Returning Officer of the ward in which the elector is entitled to vote, in accordance with the instructions communicated to him in Form 13D so as to reach the Returning Officer before the hour fixed for commencement of counting of votes on the date or the last of the dates fixed for the poll.
(2)If any cover containing a postal ballot paper is received by the Returning Officer after the expiry of the time fixed in sub-rule (1) he shall note thereon the date and time of its receipt and shall keep all such covers together in a separate packet
(3)The Returning Officer shall keep in safe custody until the commencement of the counting oLvotes all covers containing postal ballot papers received by him.
r c ra 0 ^" c 16DELHI GAZETTE EXTRAORDINARY|PART IV
CHAPTER VI - VOTING IN WARDS
48.Definitions - In this Chapter, unless the context otherwise requires—
(a) "candidate" means a contesting candidate;
(c) "polling agent" in relation to a polling station means a polling agent of a candidate duly appointed under rule 27 for the polling station and includes a candidate and the election agent of the candidate when present at the polling station.
49.Design of ballot boxes- The design of every ballot box or electronic voting machine (EVM) shall on the pattern, approved and utilized by the Election Commission of India.
50.Form of ballot papers - (1) Every ballot paper shall have a counterfoil attached thereto and the said ballot pap^- and the counterfoil shall be in such form and the particulars therein shall be printed in such language or languages as the Administrator may direct^
(2)The names of the candidates shall be arranged on the ballot paper in die same order in which they^^^i^ appear in the list of contesting candidates.t;J
(3)If two or more candidates bear die same name, they shall be distinguished by the addition of their•> , occupation, residence or in some other manner. ^ <
51.Arrangements at polling stations - (1) Outside each polling station there 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 more 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 compartments in which electors can record their votes screened from observations.
(3)The Returning Officer shall provide at each polling station sufficient number of ballot boxes, copies of the relevant part of die electoral roll, ballot papers, instruments for stamping, die distinguishing mark on ballot papers and articles necessary for electors to mark the ballot papers.
52.Admission to polling station- The Presiding Officer shall regulate the number of electors to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than—
(a)polling Officer,
(b)public servants on duty in connection with the election;
(c)persons authorised by the Director,
(d)candidates, their election agents and subject to the provisions of rule 27, one^*' polling agent of each candidate;
¥
(e)a child in arms accompanying an elector;.
I, r
PART IVIDELHI GAZETTE EXTRAORDINARY 17
(f)a person accompanying a blind or infirm elector who cannot move without help;
(g)such other persons as the Returning Officer or the Presiding Officer may employ under sub-rule (2)of rule 55 or sub-rule (1) of rule 56.
53. 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 signatures on the paper seal and obtain thereon the signatures of such of the polling agents present as are desirous of affixing the same.
(2)The Presiding Officer shall thereafter fix the paper seal so signed inthe space meant 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 thereinto 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 seals.
(4)Where it is not necessary to use paper seals for securing the ballot boxes, the Presiding Officer shall secure and seal die ballot box in such manner that the slit for die insertion 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 number, if any, and name of the ward;
(b)the serial number and 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 ' label outside the ballot box only); and.
(d)the date of poll.
(6)Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and other persons present that the ballot box is empty and bears the labels referred to in subrule (5).
j^(7) The ballot box shall then be closed, sealed and secured and placed in full view of the presiding officer and the polling agents.
J^54. Marked copy of electoral roll- Immediately before the commencement of the poll, the Presiding • >vOfficer shall also demonstrate to the polling agents and others present that the marked copy of the electoral V^roll to be used during the poll does not containr jf>(a) any entry other than that made in pursuance of clause (b) of sub-rule (2) of rule ^^41; and W(b) any mark other than the mark made in pursuance of clause (b) of sub-rule (2) of rule 43.
p C C c c f: • <9 rl
(c)enter his name and address in the list of challenged votes in Form 14; and*
(d)require him to affix his signature in the said listC 18DELHI GAZETTE EXTRAORDINARYfPART IV
55.Facilities for women electors - (1) Where a polling station is for both men and women electors, the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate batches.
(2) The returning Officer or the Presiding Officer may appoint a woman to serve as an attendant at any polling station to assist women electors and also to assist die Presiding Officer generally in taking the poll in respect of women electors and in particular, to help in searching any women elector in case it becomes necessary.
56.Identification of electors - (1) The Presiding Officer may employ at the polling station such persons as he thinks fit to help in the identification of the electors or to assist him otherwise in taking the poll.
(2)As each elector enter the polling station, the Presiding Officer or the Polling Officer authorised by him 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 number, name and other particulars of the electors.
(3)In deciding the right of a person to obtain ballot paper, the Presiding Officer or the Polling officer, as die case may be, shall overlook merely clerical or printing 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.
57.Facilities for public servants on election duty- (1) The provisions of rule 56 shall not apply to any person who produces at the polling station an election duty certificate in Form 12B and asks for the issue of a ballot paper to him although die polling station is different from the one where he is entitled to vote.
(2) On production of such certificate, die presiding officer shall-^•• •
(a)obtain thereon the signature of the person producing it;T
(b)have the person's name and electoral roll number as mentioned in the certificate• • •^ entered at die end of die marked copy of the electoral roll; andgh
(c)issue to him a ballot paper, and permit him to vote in the same manner as for an elector entitled to vote at that polling station.
58.Challenging of identity- (1) Arty 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.V
(2) On such deposit being made, the Presiding Officer shall-
(a)warn the person challenged of the penalty for personation;
(b)read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry.
PART IV |DELHI GAZETTE EXTRAORDINARY 19
(3)The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that purposefa) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;
(b)put to the person challenged any questions necessary for the purpose of establishing 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 inquiry, the Presiding Officer considers that the challenge has not been established, he shall allow the person challenged to vote, and if he considers that the challenge has been established, he shall debar the person challenged from voting.
(3) If the Presiding Officer is of the opinion that die challenge is frivolous or has not been made fit good* faith he shall direct that die deposit made under sub-rule (1) be forfeited to Government and in any other case, he shall return it to die challenger at die conclusion of die inquiry.
59.Safeguard against personation- (1) Every elector about whose identity the Presiding Officer or die Polling Officer, as die case may be, is satisfied, shall allow his left forefinger to be inspected by the Presiding Officer or Polling Officer and an indelible ink mark to be put on it
(2)If any elector refuses to allow his left fore-finger to be inspected or marked in accordance with subrule (1) or has already such a mark on his left fore-finger or does any act with a view to removing the ink mark, he shall not be supplied with any ballot paper or allowed to vote.
(3)Any reference in this rule to the left fore-finger of an elector shall, in the case where the elector has his left fore-finger missing, be construed 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 a reference to the fore-finger or any other finger of his right hand, and shall in the case where all his fingers of both die hands are missing, be construed as a reference to such extremity of his left or right arm as he possesses.
60.Issue of ballot paper to electors - (1) Every ballot pap^ before it is issued to an elector, and die counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the Director 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 signatures or thumb impression of the elector on the said counterfoil;
and
(c)mark the 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 signatures or thumb impression on the counterfoil of that paper.
r'9 TO 20DELHI GAZETTE EXTRAORDINARY f PART IV
(3)Notwithstanding anything contained in sub-rule (2) of rule 2, it shall not be necessary for any Presiding Officer or Polling Officer or any other officer to attest the thumb impression of the elector on the counterfoil.
(4)No person in the polling station shall note down the serial number of the ballot papers issued to particular electors.
61. Maintenance of secrecy of voting by electors within polling station and voting procedure - (1) Every elector to whom a ballot paper has been issued under rule 60 or under any other provision of these rules, shall 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 compartments;
(b)there make a mark on the ballot paper with the instrument supplied for the purpose on or near die symbol of the candidate for whom he intends to vote;
(c)fold die ballot paper so as to conceal his vote;
• •.'
(d)if required show to the Presiding Officer the distinguishing mark on the ballot paper;
(e)insert the folded ballot paper into the ballot box; and
(f)quit the polling station.
(3)Every elector shall vote without undue delay..
T
(4)No elector shall be allowed to entera voting compartment when another elector is inside it.•'
(5)If an elector to whom a ballot paper has been issued,-refuses, after warning given by the Presiding^.
Officer to observe the procedure as laid down in sub-rule (2), the ballot paper issued to him shall, whether he has recorded his vote thereon or not, be taken back from him by the Presiding Officer or a Polling Officer,' under the direction of the Presiding officer.^^" t(6)After the ballot paper has been taken back, the Presiding Officer shall record on its back the words'•, "Cancelled: voting procedure violated" and 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.^
62. Recording of votes of blind or infirm electors - (1) If the Presiding Officer is satisfied that#•• owing to the blindness or other physical infirmity, an elector is unable to recognise the symbol on the ballot••• " paper or to make a mark thereon without assistance, the Presiding Officer shall permit the elector to take withC 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:
PART IVIDELHI GAZETTE EXTRAORDINARY 21
Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day;
Provided further 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 14A of all cases under this rule.
63.Spoilt and returned ballot papers- (1) 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 Officer, and the ballot paper so returned and the counterfoil of such ballot paper shall be marked as "Returned: cancelled" by the Presiding Officer.
(3)- All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet
64.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 such questions relating to his identify 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 manner as any other elector.
(2)Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in Form 15.
(3)A tendered ballot paper shall be the same as the other ballot papers used at die polling except that-
(a)such tendered ballot paper shall be serially the last in the bundle of ballot papers issued for use at die polling station; and
(b)such tendered ballot paper and its counterfoil shall be endorsed on the back with die 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 the ballot box, give it to the Presiding Officer who shall place it in a cover specially kept for the purpose.
65.Closing of poll- (1) The Presiding Officer shall close a polling station at the hour fixed in that behalf under rule 36 and shall not thereafter admit any elector into the polling station:
Provided that all electors present at the polling station before it is closed shall be allowed to cast their votes.
(2)If any question arises whether an elector was present at the polling station before it was closed, it shall be decided by the Presiding Officer and his decision shall be final.
c c c c 22DELHI GAZETTE EXTRAORDINARY|PART IV
66.Sealing or ballot boxes after poll- (1) 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 present to affix his seal.
(2)The ballot box shall thereafter be sealed and secured.
(3)Where it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first box shall be closed, sealed and secured as provided in sub-rule (1) and (2) before another ballot box is put into use.
(4)The foregoing provisions of this rule shall not apply at a polling station to the Presiding Officer of which the Director has issued a direction asking him to proceed in accordance with sub-rule (5).
(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 the polling station, without examining or counting them and with due regard to the secrecy of the ballot, into a cloth bag or cloth lined cover, after demonstrating to die 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 die polling station and the date of the poll; and-:'^
(d)seal the bag or cover and allow any polling agent present to affix his seal thereon..
9
67.Account of ballot paper- (1) The Presiding Officer shall at the close of the poll prepare a ballot^ paper account in Form 16 and enclose it in a separate cover with the words "Ballot Paper Account" ma.
superscribed thereon. . . ^•••/^
(2)The Presiding Officer shall permit a polling agent who so desires to take a hue copy of the entries made in the ballot paper account and shall attest it as true copy.:'' ^
68.Sealingof other packets-(1) The Presiding Officer shall then make into separate packets-f-^
(a)the marked copy of the electoral roll;
(b)the counterfoils of the used ballot papers;
(c)die ballot paper signed in full by the Presiding Officer under sub-rule (1) of rule 60, but not issued to the voters;
(d)any other ballot papers not issued to the voters;
(e)the ballot papers cancelled for violation of voting procedure under rule 61;
(f)any other cancelled ballot papers;
(g)the cover containing the tendered ballot papers and the list in Form 15;
c c c c c
PART IV IDELHI GAZETTE EXTRAORDINARY23
(h) the list of challenged votes; and
(i)any other papers directed by the Director 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.
69. Transmission of ballot boxes, 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 ballot boxes or as the case may be, the bags or covers referred to in rule 66.
(b)the ballot paper account;
(c)the sealed packets referred to in rule 68 ; and
(d)all other papers used at the poll.
(2) The Returning Officer shall make adequate arrangements for the safe transport of all ballot boxes, packets ~^and other papers and for their safe custody until the commencement of the counting of votes.
^70. Procedure on adjournment of poll—(1) If the poll at any polling station is adjourned under rule 37, the provisions of rules 66 to 69 shall, as far as practicable, apply as if the poll was closed at the hour fixed inthatbehalfunderrule36.
r.(2) When an adjourned poll is recommenced under sub-rule (2) of rule 37, the electors who have already voted at the poll so adjourned shall not be allowed to vote again.
^(3) The Returning Officer shall provide the Presiding Officer of the polling station at which such adjourned poll is held, with die sealed packet containing the marked copy of the electoral roll and a new Qballot box.
I'. . •••.-"••• C(4) The Presiding Officer shall open the sealed packet in the presence of such candidate or their polling agents as may be present 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 poll, without however recording therein the serial number thereof.
C(5) The provisions of rules 48 to 69 shall apply in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.
'q
CHAPTER Vn -COUNTING OF VOTES c71. Definitions- In this chapter, unless the context otherwise requires— w(a) "candidate" means a contesting candidate;
24DELHI GAZETTE EXTRAORDINARY|PART IV
(b) "counting agent' means a counting agent duly appointed under rule 28 and includes a candidate when present at the counting.
72.Time and place for counting of votes- (1) At every election where a poll is taken, votes shall be counted by or under the supervision and direction of the Returning Officer and each contesting candidate, his election agent and his counting agent shall have a right to be present at the time of counting.
(2)The Returning Officers shall, at least one week before the date, or the first of the dates, 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 of the same in writing to each candidate or his election agent
73.Destruction, loss, etc of ballot papers at the time of counting (1) If at any time before the counting of votes is completed, any ballot papers used at a polling station are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at the polling station cannot be ascertained, the Returning Officer shall forthwith report the matter to the Director..<-•
4..
(2)Thereupon, the Director shall, after taking all material circumstances into account, either-C.
(a)direct that the counting of votes shall be stopped, declare the poll at that polling0& station or place to be void, appoint a day and fix the hours for taking a fresh poll• at that polling station or place and notify the date so appointed and hours so fixed^^ in such manner as he may deem fit, or
(b)if satisfied that the result of a fresh poll at that polling station or place will not, in any way affect the result of the election, issue such direction to the Returningt Officer as he may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation totf^ which the votes have been counted... i
(3)The provisions of these rules shall apply to every such fresh poll as they apply to the original poll.j
74. Appointment of counting agents and revocation of such appointments - (1) The number of, counting agents that a candidate may appoint under rule 28 shall, subject to such general or special direction^ as the Director may issue in this behalf not exceed ten at the place or each of the places fixed for counting under rule 72 (2).(J
(2)Every such appointment shall be made in Form 17 in duplicate, one copy of which shall bey^ forwarded 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 time fixed for counting under rule•"^ 72(2).^;
(3)No counting agent shall be admitted into the place fixed for counting unless he has delivered to the^ Returning Officer the second copy of his appointment under sub-rule (2) after duly completing and signing ,:-"-V
(2)No cover in Form 13C received by the Returning Officer after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be counted.
(3)The other covers shall be opened one after another and as each cover is opened, the Returning Officer shall first scrutinise the declaration in Form 13A contained therein.
(4)If the said declaration is not found, or has not been duly signed and attested, or is otherwise substantially defective, or if the serial number of the ballot paper as entered in it differs from the serial number endorsed on the cover in Form 13B, the cover shall not be opened, and after making an appropriate endorsement thereon, the Returning Officer shall reject the ballot paper therein contained.
c c p c v V'- PARTIV |DELHI GAZETTE EXTRAORDINARY25 the declaration contained therein and receiving from the Returning Officer an authority for entry into the place fixed for counting.
(4)The revocation of the appointment of a counting agent under sub-rule (2) of rule 29 shall be made in Form 18 and lodged with the Returning Officer.
(5)In the event of any such revocation before the commencement of the counting of votes, the candidate or his election agent may make a fresh appointment in accordance with sub-rule (2).
75.Admission to the place fixed for counting - (1) The Returning Officer shall exclude from the place fixed for counting of votes all persons except-
(a)such persons (to be known as counting supervisors and counting assistants) as he may appoint to assist him in the counting;
(b)persons authorised by the Director;
(c)public servants on duty in connection with the 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 otherwise 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 misconducts himself or toils to obey the lawful directions of the Returning Officer may 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 authorised in this behalf by the Returning
2Officer.
.•76. Maintenance of secrecy of voting- The Returning Officer shall, before he commences the ^counting, read out the provisions of Section 23 of the Delhi Municipal Corporation Act, 1957 to such persons as may be present c^77. Counting of votes received by post- (1) The Returning Officer shall first deal with the postal ballot papers in the manner hereinafter provided.
Q'
(a)if it bears any mark (other than the mark to record the vote) or writing-^"'^^^ by which the elector can be identified ;or^^^*
(b)if no vote is recorded thereon; or^^-^^
(c)if votes are given on it in favour of more candidates than one ;or^7^^
(d)if it is spurious ballot paper, orV ,^
(e)if it is so damaged or mutilated that its identity as a genuine ballot paperv cannot be established; or^^
(1) if it is not returned in the cover sent along with it to the elector by the .^ ^% Returning officer.^ ' # ^^(9)A vote recorded on a postal paper shall be rejected if the mark indicating the Vote is placed on dieW ballot paper in such manner as to make it doubtful to which candidate the vote has been given.r
(10)A vote recorded on a postal ballot paper shall not be rejected merely on the ground that the markf^ indicating the vote is in distinct 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.W
(11)The Returning Officer shaft count all the valid votes given by postal ballot in favour of eachC J^ candidate, record the total thereof in the result sheet in Form 19 and announce the same.
< ^(12)Thereafter, aft die valid ballot papers and aft die rejected ballot papers shall be separately bundled-..,^w and kept together in a packet which shall be sealed with die seals of the Returning Officer and of such of thef ' candidate, their election agents or counting agents as may desire to affix their seals thereon and on the packet•{ w so sealed shall be recorded the name of the ward, the date of counting and a brief description of its contestIK •o
78. Scrutiny and opening of ballot boxes - (1) The Returning Officer may have the ballot box or boxesW' used at more than one polling stations opened and the ballot papers found in such box or boxes counted. ^ simultaneously.^ 26DELHI GAZETTE EXTRAORDINARY|PART IV
(5)Each cover so endorsed and the declaration received with it shall be replaced in the cover in Form I3C and all such covers in Form 13C shall be kept in a separate packet which shall be sealed and on which shall be recorded the name of the ward, the date of counting and a brief description of its contents.
(6)The Returning Officer shall then place all the declaration in Form 13A which he has found to be in order in a separate packet which shall be sealed before any cover in Form 13B is opened and on which shall be recorded the particulars referred to in sub-rule (5).
(7)The covers in Form 13B not already dealt with under the foregoing provisions of this rule shall then be opened one after another and Returning Officer shall scrutinise each ballot paper and decide the validity of% >- the vote recorded thereon.^
(8)A postal ballot paper shall be rejected
PART IVIDELHI GAZETTE EXTRAORDINARY 27
(2)Omitted
(3)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 themselves that it is intact
(4)The Returning Officer shall satisfy himself that none of the ballot boxes has in fact been tampered with.
(5)If the Retarding Officer is satisfied that any ballot box has in feet been tampered with, he shall not count fee ballot papers contained in that box and shall follow the procedure laid down in rule 38 in respect of that polling station.
79. Counting of votes^ (1) The ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinised.
(2) The Returning Officer shall reject a ballot paper—
(a)if it bears any mark or writing by which die elector can be identified: or
(b)if, to indicate the vote, it bears no mark at all or bears a mark made otherwise than with the instrument supplied for die purpose; or
(c)if votes are given on it in favour of more than one candidate; or
(d)if die mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given; or 4 (e) if it is a spurious ballot paper, or
(f) if it is so damaged or mutilated that its identify as a genuine ballot paper cannot be established; or ^•••"-• ^(g) if it bears a serial number, or is of a design, different from die serial <numbers, or, as the case may be, design of die ballot papers authorised for use at a particular polling station; or ^.(h) if it does not bear both the mark and the signature which it should have Vrborne under the provisions of sub-rule (1) of rule 60:
^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 further that a ballot paper shall not be rejected merely on the ground that the mark y^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.
c c c c
(b) the Returning Officer shall make the entries in a result sheet in Form-19 andV ^ announce the particulars.'iJ'~
80.Sealing of used ballot papers- The 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^^ ^ .̂ shall be sealed with the seals of the Returning Officer and of such of the candidates, their election agents orf^ counting agents as may desire to affix their seals thereon; and on the packets so sealed shall be recorded the• i following particulars, namely:-^.. <%
(a)the name of the ward;{ ^V
(b)the particulars of the polling station where the ballot papers have been used; and^W
(c)die date of countingf--.
Q81.Counting of ballot papers transferred to bags and covers under rule 66 - The provisions of\^J rules 78, 79 and 80 shall apply so f^r as may 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) of rule^^^^
66.W^
Provided that every reference in the said rules to a ballot box shall be construed as a reference to a%j bag or cover to which the contents of a ballot box have been transferred.f f\
82.Counting to be continous-The Returning Officer shall, as far as practicable, proceed continuously'^"* ^ .̂ with the counting and shall, during any intervals when the counting has to be suspended, keep the ballotW papers, packets and all other papers relating to the election sealed with his own seals and the seals of suchV J candidates or election agents as may desire to affix their seals and take sufficient precaution for their safe^ Q custody during such intervals. | J (a> the counting supervisor shall fill in and sign part-II - Result of counting in Form —16, which shall also be signed by the Returning Officer; and 28DELHI GAZETTE EXTRAORDINARY|PART IV^-, Jfy-(3)Before rejecting any ballot paper under sub-rule (2) ,the Returning Officer shall allow each counting/ agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or anyi other ballot paper.
(4)The Returning Officer shall endorse on every ballot paper which he rejected the word "Rejected" and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp and shall initial such endorsement
(5)All ballot papers rejected under this rule shall be bundled together.
<6) Every ballot paper which is not rejected under this rule shall be counted as one valid vote.\
Provided that no cover containing tendered ballot papers shall be opened and no such paper shall be^'" counted.tJ -f(7) After the counting of all the ballot papers contained in all the ballot boxes used at a polling station^- has been completed:- C b c c c
PART IV1DELHI GAZETTE EXTRAORDINARY29
83. Recommencement of counting after fresh poll- (1) If a fresh poll is held under rule 38. the Returning Officer shall, after completion of that poll, recommence the counting of votes on the date and at the time and place which have been fixed by him in that behalf and of which notice has been previously given to the candidates and their election agents.(2) The provisions of rules 79 and 80 shall apply so far as may be to such further counting.
, 84. Re-count of votes- (1) After the completion of the counting, the Returning Officer shall record in the result sheet in Form 19 the total number of votes polled by each candidate and announce the same.
c
(2) After such announcement has been made, a candidate or in his absence, his election agent or any of ^r^, his counting agents, may apply in writing to the Returning Officer to recount the votes either wholly or in part ^ stating the grounds on which he demands such recount.Qa (3) On such an application being made, the Returning Officer shall decide the matter and may allow the applications in whole or in part or may reject it in toto if it appears to him to be frivolous or unreasonable.
^ (4) Every decision of the Returning Officer under sub-rule (3) shall be in writing and contain the <^. reasons therefor.
(5)If the Returning Officer decides under sub-rule (3) to allow a recount of the votes either wholly or ^ inpartheshall-(a) do the recounting in accordance with rule 77 and 79;
N(b) amend the result sheet in Form 19 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 Clause (c) of sub-rule (5), the Returning Officer shall complete and sign the result sheet in Form 19 and no application for a recount shall be entertained thereafter.Provided that no step under this sub-rule shall be taken on the completion of the counting until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise tire right conferred by sub-rule (2). ,85.Equality of votes— If after the counting of the votes is completed, an equality of votes is found to exist between any 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 tire candidate on whom the lot frills had received an additional vote.
86.Declaration of result of election and return of election- (1) The Returning Officer shall, subject to the provision of rule 85 if and so far as they apply to any particular case, then- ^^) declare in Form 20 B or Form 20C , as may be appropriate, the candidate to whom the largest number of valid votes has been given, to be elected and send signed copies thereof to the Director; and 4^O i. . 0 30DELHI GAZETTE EXTRAORDINARY|PARTIV
(b) complete and certify the return of election in Form 20 D and send signed copies thereof to the Director;
©Before declaration of result of election of a ward where the marginal victory is Jess than one percent of the total valid votes polled, the Returning Officer shall obtain prior approval of the Director.
(2) The Director shall cause to publish in the Delhi Gazette the declarations containing the names of the elected candidates;
87.Counting at two or more places- If ballot papers are counted at more places than one, the provisions of rule 75, 76, 78 to 82 shall apply to the counting at each such place, but the provisions of rules 77,84,85 and 86 shall apply only to the counting at the last of such places.
88.Grant of certificate of election to returned candidate— As soon as may be after a candidate has been declared by the Returning Officer under rule 35 (2) or 86 to be elected, the Returning Officer shall grant to such candidate, a certificate of election in Form 21 and obtain from the candidate an acknowledgement of its receipt duly signed by him and immediately send the acknowledgement to the Director.
89.Election to more than one seat— If a person is elected to more than one seat, then unless within three days from the date of publication of the result of election under rule 86 (2), he resigns all but one of the seats by writing under his hand addressed to the Director, all the seats shall become vacant
90.Date of election of candidate- For the purposes of these rules, the date on which a candidate is declared by the Returning Officer under provisions of rule 35 (2) or rule 86, to be elected shall be the date of election of that candidate.
91.Custody of papers relating to election - (1) All ballot boxes used at ^i election shall be kept in such custody as the Director may direct^
(2) The election officer shall keep in safe custody—/
(a)the packets of unused ballot papers with counterfoils attached thereto;^^•'
(b)the packets of used ballot papers whether valid, tendered or rejected;f 'V^
(c)the packets of the counterfoils of used ballot papers;^
(d)the packets of the marked copy of the electoral roll;
(e)the packets of the declarations by electors and the attestation of their signatures; and
(f)all other papers relating to the election.
92.Production and inspection of election papers-(1) while in the custody of the election 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;
(d)the packets of the marked copy of the electoral roll;
c c c
PART IV |DELHI GAZETTE EXTRAORDINARY 31
(e)the packets of the declarations by electors and the attestation of their signatures;
shall not be opened and their contents shall not be inspected by, or produced before, any person or authority except under the order of a competent court.
(2)Subject to such conditions and to the payment of such fee as the Director 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 by the Returning Officer forwarded under rule 86 shall be furnished by the election officer, on payment of a fee of two rupees for each copy.
93. Disposal of election papers— Subject to any directions to the contrary given by the Director, or by a competent court-
(a)the packets of unused ballot papers shall be retained for a period of six months and shall thereafter be destroyed in such manners as the Director may direct
(b)The other packets referred to in sub-rule (1) of the rule 92 shall be retained fin- 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 Director.
|•..1
(c)all other papers relating to the election shall be retained for such period as die Director may direct
PART-IV ^fDISPUTE REGARDING ELECTIONS ^94. Definitions- In this part, unless the context otherwise requires- ^S(a) 'candidate'means a person who has been or claims to have been duly nominated as a candidate at any election and any such person shall be Cdeemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective r -candidate;
'(b) 'costs' means all costs, charges and expenses of, or incidental to, a trial ^^of an election petition;
O(c) 'electoral right1 means the right of a person to stand or not to stand as, Ior to withdraw or notto withdraw from being, a candidate or to vote or refrain from voting at an election;
c o 32DELHI GAZETTE EXTRAORDINARY|PART IV
(d)Omitted^\
(e)'High Court'means the High Court of Delhi;, ^
(f)'Pleader' means any person entitled to appear and plead for another in a> civil court and includes an advocate, a vakil and an attorney of a High? % Court;
(g)Omitted.
95.Omitted
96.Additional contents of petition - (1) Where the petitioner alleges any corrupt practice, an election_ petition shall, in addition to complying with the provisions of Section 15 of Delhi Municipal Corporationf Act, 1957 also set forth full particulars of that corrupt practice including as full statements as possible of die^ names of the parties alleged to have committed such corrupt practice and the date and place of thef commission of each corrupt practice and shall also be accompanied by an affidavit in the prescribed form in^ support of such corrupt practice and the particulars thereof^r i
(2) Any schedule or annexure to die petition shall also be signed by the petitioner and verified in the same manner as the petition.**
97.Omitted.
98.Petition to be dismissed - If the provisions of Section 15 of the Delhi Municipal Corporation Act,C^ ^ 1957 or rule 96 are not complied with, the court shall dismiss the petition:{ ^
Provided that the petition shall not be dismissed without giving the petitioner an opportunity ofr f% being heard.^~^
99.Appearance before the court-Any appearance, application or act before the court may be made or^P doneby the party in person or by a pleader duly appointed to act on his behalf: ^ ••• • - O
Provided that it shall be open to the court to direct any party to appear in person whenever the court* - considers it necessary.^"-^^