(1) The returning officer appointed under sub-rule (2) of rule 5 shall, con<;luct the elections of the me mqers of the Town Vending Committee representing ·the street vendors.
(2) The local authority concerned shall. supervise, direct a�d control the conduct- of 'elections of the members of a Town Vending Committee representing the street vendors in the area of its jurisdiction.
(3) As soon as the notification expressing the intention of the local authority to conduct elections for members of a Town. Ven.din� Committee representing the street vendors has been issued under sub-rule (i) of rule 5. and a returning officer has been appoi1;ted for conducting the elections under sub-rule (2) thereof, the local authority, shall, by a resolution, determirie the date, time and place for ·conduct of eiec1ions.
.(4) (A) The notice 6{the resolution of the local authority shall be cir�ulated among the street vendors engaged in the \location of street vending in the area of jurisdiction of the Town Vending Committee, by any of the . following modes, namely:- . . .
(a) by public notice to be· pu�lished in two prominent daily newspapers having wide circulation jn the a'rea;
(b) by local delivery;
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� ( c )_ by post under certificate of posting; or .
, ( d) by speed post or couri6r service .
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b ard of the returning officer. . .
s, as well as on the notice (B) T�e notice shf!ll ·contain. informatio� . regarding,� . (1) the number of members to b - r . . .
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reserved for representatives of S. h :
· � e ;ted, mcludmg seats �rib�s, Other Backward Class:s e u e . Caste�, Schedu�ed d1sabtlities, minorities or a th . ' �omen, persons with.
.. . .. ny o _ er specified categories, if any;(11) the . date on which the lace .
between which nominaf ' P at which and the hours be .
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I I ion papers shall be filed and such dat mg �ot ess. than seven clear da . b £ e election or if that d h ys e ore the date fixed for .ay appens to be a publ" h l"d next succeeding day' whi h. . .
· . . ic o 1 �y, the 1 , _ • c · ts not a pubhc holiday; · · f!:xpla�1atzon:-The term "public holida " .1 publ1 holiday under section 25 of the y . means any day wh1<:h is a ( entral Act XXVI of 1881) Nego�1able Instruments Act, 1881. or any day which h b · · - overnmen1 to be a pub!' h l"d as een notified by the · � /. . tc o I ay for offices under the Governm t·. (iii) ;:;e�:'.
e �:�d ,the .hour for scrutiny of the nom�:a;ion .
(iv) the date, pla:ce and hours �f polling. .
. ( ) The local authority shall re .
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en ra , ·d in the vocation of t .. p . pare a hst of street vendors 'J' s reet vendmg m the a f . . . . · wn Vi·o fin ,. ommittee . .t . · d · . rea o Junsdiction of the . .. . . . . as 1 stoo on thirty d b £ . · .I t 111v1t111 l'he nominations and bl" .
h · . . ays e ore the date fixea II ' pu ts copies of the ·d 1· b · I n I uµ,)11 r·h . n tice b · d h · sai 1st y affixing. . oar: at t e office of the To Vc d .. 110t l �N I ht111 ten days prior t th d .
wn en mg Committee, .'l'I I' . .· o e ate fixed for in ·r· . . l i, I .�hall specify the reg· t t.. . . v1 mg nonunat10ns· ts ra ion nuruber/certifi t f · ·
11111111.; tit' lh . Slreet vend th .· .
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. ica e o vending and the I or, e name of the father ] b 11111 J1' J11d the address of th .· . or ms and, as the case ..'I' . e street vendor It sh 11 b I •)Wn V ·ndin ,· mrnittee. th.
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1.
· .. · a e t 1e duty of the I · . or e ocal authont · h · · I\ 1111 • i11H -date register f t . . . Y, as t e case may be to o s reet vendors and h 1 . . , . . . sue . ot ier register as the .
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· returning officer may require and hand over such records or regi.sters to the returning offker thirty days prior to the date fixed for the purpose of election. A copy of th·e list shall be supplied by the Town Vending.
. Committee or the local authority or returning officer, as the case may be, to im.y street vendor on payment of such ·fee as specified by the local authority.
(6) The nomi_nations of the candidates for election shall be ni.ade in Form-I which shall be supplied by the returning officer to any street vendor, free of cost.
(7) A Street Vendor shal.l be disqualified from coritesting the election to a Town Vending Coi11mittee, if he is:- - (i) convicted of an offence involving moral turpitude; or
(ii) more than two FIR ha.ve been filed against the street vendor, for an offence involving moral turpitude.
· (8) The candidate shall make a security deposit of .t 1,000 (Rupees one thousand only) in cash or demand draft or pay order along ' �ith the nomination paper. If a candidate fails to get less than one-sixth of the votes polled, the security depo it hall be forfeited to the local authont)'.
(9) Every nomination paper shall be presented in person by the candidate himself or by his proposer or . econder to the returning_ officer.
The returning officer shall enter on the i10mination paper, its serial number and certify the date and hour at which the nomination is received by him . . . I , and shall immediately give a written acknowJedgement. for the receipt- of the nomination paper which shall bear the eal of the Town Vending Committee/returning officer.· Any nomination paper which is- not receive on or before the date and time fixed for it: • r ceipt shall be rejected,
(10) (a) On the day following the date fixed for the receipt o nomiriati_on papers, the returning officer shall take up the scrutiny of th nomination papers;
\ 7 1, 'l'he returning officer ·sl1all e - .
r 111d dl·t·,•,1· 1 · xamme the · · �ections if any wh .
. h . nommation paper� ' r Hp ·d .,/' . , . . , IC may be mad . b .
_ 11 1 11on1rnation and may e'th · · e Y any person in w11 ,111,r o, 111\ I a'fre . . l . , I er on such objection or - -h· ·1 c . I sue 1 summary in . . , . on Isf ·;(-�, 1hl11h1 Jt.. ary re· t . qmry, If any, as the return· ' Jee any such nomination· · mg f l , n - id, l that the noininati�n .
f . . . . .
i,n iii ,,,- und of an incorrect d o. a _ca�d1date �hall not be rejectedI ,·np0, .,. r seconder escnpt10n of his name or, the 'namt·1111d d1i1 o,· hi propciser , or any other particulars, relating to tI1 I , . . or seconder a . . e ,11 .,1' ,, l"rr d to . b , s entered m the list f111 su -rule (5) if th .d ··. . o street J ) 1cqli)' i· cco d , e I entity of the cand ' d . .
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- n er, as the case . b . . I ate, the ,rn !1111 ,1,1. d 1lbt.
. . may e, is estabJ.ished beyond 111 , . ( ) T11e returning officer sh 11 . ·. . .
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t)n I 'l111g candidates or the r a give all reasonable facilities tc .'11\ 10 --. '.aini.ne all the nom· f p oposer or seconder, as the case 'ill ii1 •I i , f .
ma ion papers and to f fy . ay ,11, n t11e. name of the cont f . sa is �hemseJves that the_ ..
es mg candidate is valid. .
. . ( cl) The returning· office� h . . . . . p�,p ·r h1 d .
ecis_ion, accepting or re ·ect:n all en �orse on each nominationIf th nonunation paper is . J d g the same, as the case may be SI at . · reJecte , he shall d · · . . ·, < m, nt of J11s reasons for such . . recor rn wntmg a brief· reJect10n .
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. (�) 1l1e returning officer shaH not 1.
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p, eedmgs except whe .
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. a .low any adJoumment ofb I· · · n sue proc d · · ., ucted by nots or affi . b ee Ill gs are rn terrup ted .ray or y causes b d 1 . o.1 ' (11) Th . . . eyon us control.. .
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. . . . . e list of valid nominati . . . . �(j .e, w1th names of the candidates ons a_s dec1�ed by the returningW1l11 thc11· addresses as given in th arra1�ge� 111 Enghsh alphabetical orderr I ubli hed on the same day e � �mmat10n papers shall be displayed pnp ·r ; mple'ted.
on w ich the scn,.tiny of the nomination ' I 2) .Any candidate m · h · · I iil1,'}' • j/ 11. d by ·him and SUb;rtt:tin draw h�S candidature by notice in.,111 11111 n/) ,. th pres t t' . . person to the Returning oc.c:: .
-. . en a 10n of his · . . . 111cer at nn 11111 d11 (' flowing th d ..
nonunat1011 pape1� but before 5 .
1\ . . · · · e ay on which the v I'd ·· . ·.
P· m.n,,, i· . ,,r withdrawal of d. 'd ·_ a i. nonnnations are published·· · can I ates once · 1 · . · ·, given s 1all be irrevocable. .
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(13) If the number of candidates, whose nomination papers have been declared valid, does not exceed the .number of members to be elected, the returning officer shall an�unce the names of all such· candidates and declare them to have been duly elected to the Town Vending Committee after the closing hour of the day of withdrawal of candidatures fixed in sub-rule ( 12). If the number of candidates whose nominations are valid exceeds the number of members to be elec:ted; the returning officer shall afaµ.ge for conducting a poll on the date fixed for the purpose. The returning officer may appoint one or more poiling officers as inay be necessary fo� co.nducting the poll. The ballot paper to be used in the poBshall be in Form-2., . . . . .
(14) The local authority shall· provide the returning officer with ·ballot boxes, ballot papers, copy of list of street vendors/voters and. such other articles as may be necessary for the conduct of elections. The ballot box shall be so constructed t.hat ballot papers: can· be inserted therein but c.annot be taken out therefrom without the boxes being .unlocked.
A ca·ndidate contesting the. election may, by a letter to the returning officer, appoint an agent to represent him, to identify the voters during polling and to watch the recording of votes. Such letter sliall be in Foqn-3 and shal.l contain the consent in writii1g of the. agent concerned.
(15) Canvassing for votes by any person in or near the pollip.g stations/polling booth shall be prohibited.·
(16) Imniediately before the commencement of the poll, t,he returning officer shall show the empty ballot box to· such persons as may · be present at the time and. shall then lock it up and fix his seal.
. I The candidate or his agent may also affix his. own seal, if he so desires.
(17) Every street vendor/vo.ter who desires to exercise his right .to vote shall be supplied with a ballot paper Ln Fom1-2 containing the names of .contesting candidate$ arranged in the English alphabetical order, which shall be either printed, type written oi: cyclostyled, according to convenience. The ballot paper_ shall also bear the seal of the Town Vending Committee and .the initials of the returning officer. The ballot paper shall contain a column for the voter ·to inscribe a mark X against·.
the names of persons to whom he wants. to vot�.
\ 9 10 · · · f ounttng· shall 1iot f . d. date or his agent at the time o c But absence o any can � of results. by the returning officer.
vitiate counting and announcement I. d·dat·e and the result 'of the f . red by eac 1 can 1 · · T he number o votes secu d by the returning officer as soon as the elections shall be announce . . . . I ·counting 1s over. . . · · · . l ll I be recorded m the
(23) The result of th.e elect10ns s 13. a so . . ...
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b k f the Town Vending Committee and aUested by the mmutes oo O . ct'· 1 . th notice board. fficer and shall ,also be notified um1.1e iate y on. e , .
returmng o 1 . . � · .
of the Town Vending Committee.
· · officer shall.
{24) -In.case of equality: of _votes, the returnrng , declare the elehion result by draw ot Jot . . . .
(25 ) The ballot .pap�r shall be rejected as invalid, during countmg, by the returning officer, if,- . , .
\ I , l ti e street vendor s vote can
(i) it be�rs any inark by w 1.1c 1 l .
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b.e identified; .
al. of the Town Veriding Committee
(ii) it does not bear the or the initials of the retun\ing officer;
· ·. · . tl · . 1 is placed· in such a ( .. ') the mark indicatmg the vote 1e1 e01 Ill . h b n cast· t n1ake it doubtful to which cand1dat the vote . as ee. , way as o . . · · · ·d · · a genume
(iv) is so damaged or. mutilated_ that its I entity as ballot paper cairnot be established. .
(26) After the result of .election ha been announced, the result of · cated to the local. . d t thereon shall b c mmun1 ' the elect10n an a repor · . .. d .1 · SPEM which shall uthorit as well as to the Government an . to_ t 1e . .. .
D a · y · · d 1.A by the r turning officer w1thm three day., fui1ction as the No a gency, · · .. · after the declaration of result.
. . F the purpose of the rules the term SP _ E v1
Explanation. - or ) n ted , .. , S . p rty Eradication Mission (Kuclumbashree cons 1. u means the tate ove . .
t under the Local Self Government Department of the Governmen , --'°" \ 11 27) Aft r declaration of th� result of election, the returning officer· .•h:il I hnncl vcr the ballot paper and records relating to the elections of the 111 '11il) 'I' f the' Town Vending 'committee representing street vendors to' I Ii lo ·nl a11th rity in a seaied cover. They ·shall be preserved safely by 111 · lei .,,1 nuth rity for a period of six months from the date of elections or lill •11 It time a dispute regarding elections, if any, filed is disposed of, ,. hi h v ·r i .later and shall thereafter be destroyed by the local authority.
c,p t the handing over and taking over of ballot papers and records 1't'l1i1i11, t el ctions shall be sentt o the Government as well as the local 111!1h l'ity and SPEM by the returning o.fficer along with his report of ·I· Ii n .
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(28) All the expenditure in this regard shall be met by the local · ttllh rity.