The Returning Officer shall immediately after the preparation of the list of contesting Candidates referred to in rule 31 of these Rules, adopt the procedure specified hereunder and determine the seat or seats in respect of which a poll is necessary and the Candidate among whom the said seat or seats have to be filled.
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(1) In the case of election of member of District Panchayat or Panchayat Council or of the President of Village Panchayat-
(a) if there is only one contesting Candidate, the Returning Officer shall cause a copy of the list of contesting Candidates in Form 9 to be affixed in the notice board in his office and after such affixation declare such Candidate to be duly elected;
(b) if the number of contesting Candidates exceeds one, a poll shall be taken; and
(c) if there is no contesting Candidate, a report shall be sent to the State Election Commission and the District Election Officer, for starting the election proceedings afresh in all respects as if for a new election to fill up the seat.
(2) In the case of election of member of a Village Panchayat Ward where only one member is to be returned from that Ward-
(a) if there is only one contesting Candidate, the Returning Officer shall cause a copy of the list of contesting Candidates in Form 9 to be affixed in his office and after such affixation, declare such Candidate to be duly elected from such Ward;
(b) if the number of contesting Candidates exceeds one, a poll shall be taken; and
(c) if here is no contesting Candidate, a report shall be sent to the State Election Commission and the District Election Officer for starting the election proceedings afresh in all respects as if for a new election to fill-up the seat.
(3) In the case of election of members of a Village Panchayat Ward where two or more members are to be returned and where there are no reservation of seats-
(a) if the number of contesting Candidates is equal to the number of seats to be filled, the Returning Officer shall cause a copy of the list of contesting Candidates in Form 9 to be affixed in his office and after such affixation, declare all such Candidates to be 2[duly elected] to fill-up those seats;
(b) if the number of such Candidates is less than the number of seats to be filled, the Returning Officer shall, after the date and time fixed for withdrawal of Candidature is over, cause a copy of the list of contesting Candidates in Form 9 to be affixed in his office and after such affixation declare all such Candidates to be duly elected. The Returning Officer shall send a report to the State Election Commission and the District Election Officer for starting the 23 election proceedings afresh in all respects in respect of the remaining seat or seats;
(c) If the number of such Candidates is more than the number of seats to be filled, a poll shall be taken.
(4) In the case of election of members of Village Panchayats from Wards where two or more members are to be returned and where reservation of seats have been made, the Returning Officer shall consider the position separately in respect of such reserved seats which have to be filled in the election-
(a) in respect of reserved seats, if the number of contesting Candidates qualified to be chosen to fill them is not 31[larger than] the number of vacancies, the Returning Officer shall cause a copy of the list of contesting Candidates in Form 9 to be affixed in some conspicuous place in his office and shall then declare the Candidate or all such Candidates as the case may be, duly elected;
(b) if the number of contesting Candidates qualified to be chosen for the reserved seats exceeds the number of seats reserved, while the total number of all contesting Candidates for election in the said Ward is less than or equal to the total number of seats to be filled at the election, the Returning Officer shall, after notice to the Candidates concerned, decide by drawing lots, which of the Candidates so qualified to fill the reserved seats shall be declared elected to the reserved seats and which of them to the non-reserved seats.
Thereafter, he shall cause a copy of the list of contesting Candidates in Form 9 to be affixed in his office and shall then declare all such Candidates duly elected;
(c) if all the vacancies in the reserved seats to be filled at the election have been filled under clause (a) or (b) and if the number of contesting Candidates remaining after the exclusion of the Candidates so declared elected under the said sub-rule is not lager than the number of non-reserved seats to be filled at the election, the Returning Officer shall cause a copy of the list of contesting Candidates in Form 9 to be affixed in his office and after such affixation shall declare them duly elected to the non-reserved seats;
(d) in respect of vacancies not filled under clauses (a), (b) and (c) or where the number of contesting Candidates is more than the number of seats to be filled, a poll shall be held for election from among the Candidates remaining after excluding those declared elected under the said sub-rules;
(e) if there are any seats remaining to be filled after following the procedure prescribed in clause (a), (b), (c) and (d), the Returning Officer shall send a report to the State Election Commission and the District Election Officer for starting election procedure afresh in all respects.
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