(1) If for any seat after the date and time fixed for withdrawal of nomination paper there remains only one candidate whose nomination paper is found to be valid, the Returning Officer shall forthwith declare in Form-28 the candidate duly elected to fill the seat and shall inform the State Election Commission through District Election Officer (Panchayats) of the same.
(2) If no nomination paper has been filed for any seat or if no candidate has been duly nominated for any seat the Returning Officer shall report that fact to the District Election Officer (Panchayats) who in turn will send the consolidated list of such vacancies to the State Election Commission for further action to fill the seats in accordance with the provisions of the Act and these rules. If the number of contesting candidates in any constituency is more than one, poll shall be taken on the date specified under rule 33.
1 [CHAPTER-V-A POLL DUTY BALLOT 49-A. Electors on poll duty entitled to vote.- Subject to their fulfilling the requirements hereinafter specified, the electors who are on poll 1 Chapter- V-A inserted vide Not. No. PCH- HA(1)- 18/2008, dated the 8 th September, 2010, published in Rajpatra, Himachal Pradesh, dated 10 th September, 2010 page . 4456-4467.
25 duty within the same block shall be entitled to vote at an election of Panchayat.
49-B. Intimation by voters on Poll Duty.- An elector on poll duty within the same Block, who wishes to vote at an election shall apply in Form- 28A to the Returning Officer for the Panchayat so as to reach him at least seven days or such shorter period as the State Election Commission may allow before the date of poll; and if the Returning Officer is satisfied that the applicant is an elector on poll duty, he shall issue him Poll Duty Ballots, each to be used for the election of member, Up-Pradhan, Pradhan of Gram Panchayat, Member of Panchayat Samiti and Member of Zila Parishad.
49-C. Form of ballot paper.- The ballot papers to be issued to the electors on Poll Duty within the same Block shall be same as are issued to other electors of the concerned Panchayat.
49-D. Issue of ballot paper.- (1) The Poll Duty Ballot Papers shall be delivered to such voter by the Returning Officer for the Gram Panchayat personally together with,-
(a) two declaration forms in Form-28B (one for Gram Panchayat and other for Panchayat Samiti and Zila Parishad);
(b) five covers in Form-28C (one for each ballot paper);
(c) two large cover addressed to the Returning Officer in Form-28D (one for Gram Panchayat and other for Panchayat Samiti and Zila Parishad); and
(d) instructions for the guidance of the elector in Form 28-E.
(2) The Returning Officer for the Gram Panchayat shall at the same time-
(a) record on the counterfoil of the ballot paper the electoral roll number of the elector as entered in the marked copy of the electoral roll;
(b) 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; and
(c) ensure that the elector is not allowed to vote at a polling station.
(3) Before any ballot paper is issued to an elector on election duty at an election, the serial number of the ballot paper shall be effectively concealed in such a manner as the State Election Commission may direct.
(4) After ballot papers have been issued to all the electors on poll duty, the Returning Officer for the Gram Panchayat shall seal in a packet the marked copy of the electoral roll and record on the packet a brief description of its contents and the date on which it is sealed.
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(5) The Returning Officer for the Gram Panchayat shall also seal in a separate packet the counterfoils of the ballot papers issued to electors on poll duty and record on the packet a brief description of its contents and the date on which it has been sealed.
49-E. Recording of Vote.- (1) An elector who has received Poll Duty Ballot Papers and desires to vote shall record his vote on the ballot paper in accordance with the directions contained in Form-28-E and then enclose each ballot paper in separate cover in Form-28C.
(2) The elector shall sign the declaration in Form-28B in the presence of Returning Officer of the Panchayat or such officer as may be notified in this behalf by the State Election Commission.
49-F. Return of ballot paper.- (1) After an elector has recorded his vote and made his declaration under rule 49-E, he shall return the ballot paper and declaration to the Returning Officer for the Gram Panchayat or such officer as may be notified in this behalf by the State Election Commission within such time as may be fixed and in accordance with the instructions communicated to him in Form-28E.
(2) If any cover containing a poll duty 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 for Gram Panchayat or such officer as may be notified in this behalf by the State Election Commission shall ensure that all covers containing poll duty ballot papers received by him are delivered to-
(a) the Assistant Returning Officer for Gram Panchayat of the concerned Gram Panchayat in the case of election of Gram Panchayat;
(b) the Returning Officer of the concerned Panchayat Samiti in the case of election of members of Panchayat Samiti at the time of counting of votes; and
(c) the Returning Officer of the concerned Zila Parishad in the case of election of members of Zila Parishad at the time of counting of votes.]
CHAPTER- VI POLL AND VOTING FOR ELECTION