(1) After the declaration of results of the elected members of the Panchayat Samiti, the Deputy Commissioner concerned or any other officer authorised by him in this behalf except Block Development and Panchayat Officer shall fix a date of meeting under his presidentship (hereinafter referred to as Presiding Officer) for the purposes of oath or the affirmation of allegiance under section 127 of the Act 3 [*****] as soon as possible, but not later than one week of the declaration of results as per section 79 of the Act.
1 . Rule 84 substituted vide Not. No. PCH- HA(1)- 18/2008, dated the 8 th September, 2010, published in Rajpatra, Himachal Pradesh, dated 10 th of September, 2010, page . 4456-4467.
2 . Chapter VIII- A inserted vide Not. No. PCH-HA(1)18/2000-II dated 30-12-2005 published in. R.H.P. Extra., dated 30-12-2005, p. 5647-5662, and deleted vide not.
No. PCH-HA(1)18/2008, dated 20.10.2008, published in Rajpatra, Himachal Pradesh dated 21.10.2008, p. 4318-4319.
3 . The words ―and for the election of Chairman and Vice-Chairman of Panchayat Samiti‖ deleted vide Not. No. PCH-HA(1)12/2000 dated 26-12-2000 published in R.H.P. Extra., dated 27-12-2000, p. 4778-4780.
42 1 [(1-A). As soon as possible but not later than seven days after oath or affirmation of allegiance under sub-rule (1) is administered or made, the Deputy Commissioner concerned or any other officer authorized by him in this behalf except Block Development Officer shall call under his Presidentship a meeting of all elected members to elect one of its members to be the Chairman and another member to be the Vice-Chairman of the Panchayat Samiti:
Provided that the State Government may, be general or special order, allow holding of meeting for the election of Chairman and Vice-Chairman under this sub-rule after one week but not later than one month from declaration of result of election of the elected members of the Panchayat Samiti under the following circumstances:-
(i) if it is not possible to convene meeting within seven days due to natural calamities;
(ii) if it is not possible or desirable to hold meeting within seven days due to severe law and order problem; and
(iii) if the election are declared exceeding the period of fifteen days prior to the expiry of the duration of the existing Panchayats.]
2 [(1-B). As soon as possible but not later than seven days after the declaration of occurrence of the casual vacancy in the office of the Chairman or the Vice-Chairman or both, as the case may be, the Deputy Commissioner concerned or any other officer, except the Secretary of the Panchayat Samiti, authorised by him in this behalf shall call under his presidentship a meeting of all elected members to elect the Chairman or the Vice-Chairman or both, as the case may be:
Provided that if, owing to a natural calamity of great severity or a grave situation of law and order or a war or aggression by another country against India affecting the relevant area in Himachal Pradesh or any other cause beyond human control, it is not possible to hold such meeting within seven days, the government may allow such meetings to be held after seven days, but not later than thirty days after the occurrence of the vacancy in question.]
(2) The Presiding Officer shall issue a notice to all the members entitled to take part in the proceedings in Form-40.
(3) A copy of such notice shall be exhibited on the notice board of the Panchayat Samiti Office.
(4) The Notice shall be dispatched at least five days before the date of meeting at their permanent address and shall contain the date, time, place and purpose of the meeting.
1 . Sub-rule (1-A) added vide Not. No. PCH-HA(1)12/2000 dated 26-12-2000 published in R.H.P. Extra., dated 27-12-2000, p. 4778-4780.
2 . Sub-rule (1-B) inserted vide Not. No. PCH-HA(1)18/2000-II dated 30-12-2005 published in R.H.P. Extra., dated 30-12-2005, p. 5647-5662.
43 1 [(5) No quorum shall be required for the meeting for the purpose of oath or affirmation of allegiance under sub–rule (1). Quorum for the meeting for the purpose of election of Chairman or Vice Chairman or both, as the case may be, shall be two-third of the total elected members. If within two hours after the time appointed for the meeting, the quorum is not present, the meeting shall be adjourned. In the event of adjournment of the first meeting for want of quorum, the second meeting shall be convened within ten days from the date of first meeting and if the second meeting is also adjourned for want of quorum, the subsequent meetings shall be convened within ten days from the date of the last adjourned meeting and action under clause (b) of sub–section (1) of section 146 of the Act shall be taken against those members who will not attend subsequent meetings for which specific mention shall be made in the notices of such meetings. Quorum for the second and subsequent meetings shall be the simple majority of the total elected members.]
(6) Every candidate for the office of Chairman or Vice-Chairman, as the case may be, shall be nominated in writing and the nomination paper in Form-41 shall be signed by two of the members one as proposer and another as a seconder. No member shall be allowed to propose or second more than one candidate for one office. The nomination paper shall be delivered to the Presiding Officer within one hour after the 2 [completion of quoram]. Any nomination paper subscribed and delivered in contravention of these rules shall be invalid and declared as such by the Presiding Officer.
(7) Scrutiny of nomination papers shall be taken up by the Presiding Officer after the expiry of one hour allotted for the delivery of nomination papers in the presence of members. An objection to any nomination paper shall be recorded by the Presiding Officer who after proper consideration shall accept or reject each nomination. In case of rejection of any objection he shall record the reason for the same.
(8) The Presiding Officer of the meeting shall read out in the meeting:-
(a) names of the candidates whose nomination papers have been declared invalid and the reason thereof; and
(b) the names of the candidates duly nominated.
(9) (i) If there is only one candidate for election he shall be declared to have been duly elected.
1 . Sub-rule (5) subs. vide Not. No. PCH-HA(1)12/2000 dated 26-12-2000 further subs. vide Not. No. PCH-HA(1)18/2000-II dated 30-12-2005, further subs. vide Not. No. PCH-HA(3)17/96, dated 24 th of February, 2009, published in Rajpatra, Himachal Pradesh, page . 7881-7882.
2 Substituted for the words and figures ―oath or affirmation of allegiance under section 127 of the Act is administered or made‖ vide Not. No. PCH- HA(1)- 18/2008, dated the 8 th September, 2010, published in Rajpatra, Himachal Pradesh, dated 10 th of September, 2010, page . 4456-4467.
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(10) If the number of candidates is more than one, the election shall be held by secret ballot.
(11) The Presiding Officer shall assign serial number to each candidate with reference to their names written alphabetically in Hindi in Devnagari Script and announce to the members serial numbers assigned to each candidate.
(12) The Presiding Officer shall cause the ballot paper to be prepared in the following form:- BALLOT PAPER …………………………………. Panchayat Samiti ………………………..
Name of candidates for election of …………………………………………….
1.
2.
3.
4.
and so on.
Dated ………………….. ……………………………...
Signature of the Presiding Officer of the meeting with his official seal.
(13) The ballot paper shall be signed by the Presiding Officer of the meeting and one paper handed over to each member for each election who shall 2 [mark the ballot paper by putting the seal provided for the purpose] against the candidate for whom he wishes to vote. If a member is unable due to illiteracy, blindness or their physical infirmity to record his vote, the Presiding Officer of the meeting shall record the vote on ballot paper in accordance with the wishes of the such member. The ballot paper shall not be signed by the member nor be marked in any other way that could reveal his identity. If the paper is so signed or marked or mutilated, the vote shall be void.
(14) The ballot paper shall be inserted in the box provided for the purpose.
1 Clause (ii) of sub-rule (9) deleted vide Not. No. PCH-HA(1)18/2000-II dated 30-12- 2005 published in R.H.P. Extra., dated 30-12-2005, p. 5647-5662.
2 Substituted for the words and brackets ―put a cross (X)‖, vide Not. No. PCH- HA(1)- 18/2008, dated the 8 th September, 2010, published in Rajpatra, Himachal Pradesh, dated 10 th of September, 2010 page . 4456-4467 .
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(15) (i) Immediately after the voting is over, the Presiding Officer shall in the presence of the members present open the box containing the ballot papers, count them and record the number thereof in a statement.
(ii) A ballot paper shall be invalid:-
(a) if it bears the signature of the member or contains any word, or any visible representation by which he can be identified; or
(b) if marks are placed thereon against more than one candidate;
or
(c) if the mark is so placed thereon as to make it doubtful for which one or the two or more candidates the vote was intended to be given; or
(d) if no mark is placed thereon; or
(e) if it does not bear the signature of the Presiding Officer.
(16) At the end of the poll the Presiding Officer shall declare the candidate who secures the largest number of votes to be duly elected.
(17) In case of equality of votes, the election shall be decided by lot to be drawn by the Presiding Officer.
(18) The Presiding Officer shall keep order in the meeting and ensure that the election is fairly conducted.
(19) Immediately after the conclusion of the meeting the Presiding Officer shall:-
(a) prepare a record of the proceedings of the meeting and sign it. Any member in the meeting shall be permitted to affix his signature to such record, if he so desires; and
(b) publish on the notice board of the Panchayat Samiti a notice in Form-42 signed by him as a prescribed authority as per provisions of section 126 of the Act stating the names of persons elected and send a copy of such notice to the District Election Officer.
(20) (a) The Presiding Officer shall then make up into separate packets the counted and rejected ballot papers relating to each election, seal each packet and note thereon description of its contents, the election to which it relates and the date thereof. The packets so sealed shall not be opened and their contents shall not be inspected or produced except under the orders of the competent court.
(b) The ballot paper shall remain in safe custody of the District Election Officer (Panchayat) for one year and shall thereafter be destroyed unless otherwise directed by a competent court or pending legal proceedings.
46 1 [85-A. Administration of oath to the Chairman and Vice Chairman.- Immediately after the publication of the names of the Chairman and Vice-Chairman or both under section 126 of the Act, the Sub Divisional Officer(Civil) concerned shall administer the oath of allegiance or affirmation to the newly elected Chairman and Vice-Chairman or both, as the case may be.]
CHAPTER-X ELECTION OF CHAIRMAN AND VICE-CHAIRMAN OF ZILA PARISHAD