If the Judge finds that the person, against whom the petitioner has been raised under Rule'48 has become disqualified to be Adhyaksha or Up-Adhyaksha, as the case may be, for purposes of Section 19, he shall declare a casual vacancy to have occurred in the said office.
= 5‘)/2.. Other procedure etc.—The provisions of Rules 36 (2), 38, 39 (2), 41, 4,45 and 46'shall, as far as may be apply to the disputes raised under Rule 48.
194 U, KEETTRA PANCHATAT 8 7006 PACHAYAT ADHINFAN, 1669 fhp. 1y SCHEDULET yorM 1 [Rule 5] From of notice of election to the office of Adhyaksha Whereas Adhyaksha has to Zila Panchayat, | srissossnsssveresvessssssessersssivsivsonso k NG Returning Officer for the said election do hereby give the following:
Public Notice
(i) Nomination papers may be delivered to the undersigned atu,...
wceiving the 5ame, 80 v, (place) or if he fs unavoidably prevented from recelving ’ a,t (place) they shall be presented between 11 am. and 2 pm, o, (date).
(if) The nomination papers will be taken up for scrutiny at....
(NOUTS) rvrrerrsensrrans [ R—— date vovvsssserins in ..
(ifi) In the event of the election being contested the poll will take place between the hours Of e and ... ot Returning Officer.
Note—Forms of nomination paper may be obtained from the office of the Returning Officer ..between the hours of ... (hours) and .. from (date) .. (hours) ...
.......... ate).
FORM 11 (Rule 7) Nomination paper for election to the office of Adhyaksha Zila Panchayat Name of Candidate......ovvrrvrvomvorriricvrisvsieiierireeriresesesesireeisssssesssvssssissasssesses Father's/Husband' s name.
a s b =
6. Serial number of the candidate in the list of members prepared under Rule 6 of the Uttar Pradesh Zila Panchayats (Election of Adhyaksha and Up-Adhyaksha and Settlement of Election Disputes) Rules, 1994
7. Name and address of the proposer .
" 8. Signature of the proposer 196 U.P. KSHETTRA PANCHAYAT & ZILA PANCHAYAT AI?HINIYAM, 1961
9. Name and address of the seconder..
10. Signature of the seconder Note.—If the nomination is for an office reserved for the Scheduyleq .
the Backward Classes, the declaration under sub-rule (3) of Rule 7 of th Pradesh Zila Panchayats (Election of Adhyaksha and Up-Adhyaksh, an des ment of Election Disputes) Rules, 1994 shall be furnished with the nom; et paper.
tle.
Declaration by the Candidate I hereby declare that I agree to this nomination.
Signature of candidgt, Certificate of Delivery Serial No.............
This nomination paper was delivered to me at my office at (date and hou by the Candidate/Proposer/Seconder. i Returning Officer Certificate of Scrutiny I have scrutinised the eligibility of the candidate and the proposer and the seconder and find that they are respectively qualified to stand for election and to propose and second the nomination.
Returning Officer Note—(1) The nomination paper will not be valid unless it is delivered to the Returning Officer or to an Assistant Returning Officer authorised to receive it, at the place, on the date and within the hours specified in this behalf in the notice issued by the Returning Officer under Rule 5 of the Uttar Pradesh Zila Panchayats. (Election of Adhyaksha and Up-Adhyaksha and Settlement of Election Disputes) Rules, 1994.
(2) In Item No. 2 the inappropriate alternative should be struc!( off, Husband’s name is to be filled in all cases where the candidate is a married woman or a widow.
FORM III [Rule 9] Notice of nomination for election to the Office of Adhyaksha of Zila ..up to 3 p.m. Panchayat received on ...
1. Serial No. coereees Name of candidate...
Father's/Husband's name .
B w N 197 U.P, KSHETTRA PANCHAYAT & ZILA PANCHAYAT ADHINIVAM, 1961 . w1 Address Name and address of proposer name and address of seconder. ;
Territorial constituency in the electoral roll of which the name of the candidate i5 INCIUACA . iuuiiniismiieisiminsesssimsnsmmscississasssnmssisisonissisiesirrnrenisenn,
9. Serial number of the candidate in the list of membefs prepared under Rule 6 of the Uttar Pradesh Zila Panchayats (E‘Iectlon of Adhyaksh, and Up-Adhyaksha and Settlement of Election Disputes) Rules, 1994, g L o o FORM IV [Rule 11] Form of notice of withdrawal To, The Returning Officer.
Subject—Election to the Office of the Adhyaksha of Zila Panchayat.
) OF veveereasrsrnnacicrssssasnas a candidate nominated at the abovementioned election do hereby give notice that I withdraw my candidature.
Dated this ...ccoceenees day .eeeeeenenne 199......cccc000enee Signature of candidate (To be filled in office) This notice of withdrawal was delivered to me at my office at...........coccouuuu........
(hours) on .....c.cceerue. [CEI)N o) the candidate/the candidate’s proposer/the candidate's seconder who has been .authorised by the candidates to deliver it.
Returning Officer.
FORM V [Rule 11] Notice of withdrawal of candidature Notice(s) of withdrawal of candidature(s) for election to the office of Adhyaksha of Zila Panchayat ...........oo..eeoveseeeerrmrrnnnn... has/have been received [0 { P from the following candidate/from each of the following candidates Name(s) of candidate(s) :
1.
2.
etc.
Dated ... 199 Returning Officer- TN U.P. KSHETTRA PANCHAYAT & ZILA PANCHAYAT ADHINIYAM, 1861 4 ol , Anp.
FORM VI [Rule 12] List of valid nomination 198 Zila Panchayat Election to the office of Adhyaksha.
Final list of candidates for election. ....
Name of candidate Address of candidate Serial No.
1 2 8
1.
2.
3.
4.
etc.
- Returning Officer, FORM VII (Rule 18) Form of Ballot Paper Outer foil (fronf).................
Zila Panchayat.
District Election of Adhyaksha 199................ Election of Adhyaksha 199 Name of candidate Preference Serial No of ballot paper 1.
2.
3.
etc.
Instructions
1. The persons whose names are given on the ballot paper have been nominated as candidates for election to the office of Adhyaksha of Zila Panchayat.
2. The vote shall be recorded by placing the No.1 in the space opposite the name of the candidate whom the voter chooses for his first preference and the voter may in addition, mark as many subsequent prefer- ences as he wishes by placing the Nos. 2, 3,4, and so on in the space opposite the names of other candidates in order of preference.
Outer foil (Back) Serial No. of Ballot Paper....
199 U.F. RORETTRA FANLAATAT & LA TANLIATAT AUHINIYAM, 1961 e FORM VII-A ty [See Rule 24 (6)] List of illiterate, blind and infirm voter Election of Adhyaksha and Up-Adhyaksha of Zila, Panch ............................. Name of Polling Station ............ . chayas Serial No. of Fullname Full name of Address of o0 elector in the of elector companion companion f 8hatyre P A o Ompaniy | list of members il 1 2 3 4 ; i Dated ..ovvviieninn Signature of Retuming Offan r FORM VIII [See Rule 28] Result of election to the office of the Adhyaksha, Zila Panchayat.............cceeceu.....
1. Serial NO ..ccoevvcunnens
2. Name of candidate
3. Votes secured at first count.......... ‘
4. Votes credited at first exclusion...
5. Total of Columns 3 and 4................. ;
6. Votes credited at second exclusion... ‘l
7. Total of Columns 5 and 6 .......... i
8. Votes credited at third exclusion..
9. Total of Columns 7 and 8§ ..............
10. Votes credited at fourth exclusion:
11. Total of Columns 9 and 10 Exhausted votes...............
Total number of valid ballot papers ...
Representing Votes ..
Total number of invalid ballot paper. .
LR T Ideclare that— (Name) ....
(Address).., he office of the Adhyaksha, Zila Panchayat Returning Offieer:
200 U.P. KSHETTRA PANCHAYAT & ZILA PAN(;HAYAT ADHINIYAM, 1961 SCHEDULEII (See Rule 26) Instruction for the Determination of Result
1. In this Schedule—
(1) the expression "continuing candidate” means any candidate not el and not excluded from the poll at any given time:
(2) the expression "first preference” means the No. 1 set opposite the Name of any candidate, the expression "second preference" similarly Meang the No. 2, the expressions "third preference” the No. 3 and so on;
Cleq
(3) - the expression "next available preference" means the second or Subse.
quent preference recorded in consecutive numerical order for continuing candidate, preferences for candidates already excluded being ignored;
(4) the expression "unexhausted paper" means a ballot paper on which 5 further preference is recorded for a continuing candidate;
(5) the expression "exhausted” means a ballot paper on which no further preference is recorded for a continuing candidate: provided thata paper shall be deemed to be exhausted in any case in which—
(a)* the names of two or more candidates whether continuing or not are marked with the same figures, and are next in order of preference; or
(b) the name of the candidate next in order of preference whether continuing or not, is marked by a number not following consecutive after some other number on the ballot paper or by two or more numbers.
2. Ascertain the number of first preference votes secured by each candidate and credit him with that number.
3. Add up the numbers so credited to all the candidates, divide the total by two and add one to the quotient disregarding any remainder. The resulting number is the quota sufficient to secure the return of candidates at the election.
4. (1) If there are only two contesting candidates then:
(a) if one candidate gets larger number of first preference votes than the other, declare the former as elected; or
(b) if both the candidates get equal number of first preference votes, determine the result by drawing of 1 lots. Exclude the candidate on whom the lot falls and declare the other candidate as elected.
(2) If there are more than two candidates, then— )
(a) If one of them is found to secure first preference votes équal to or more than the quota determined under Instruction No.3 declare him as elected; or
(b) If none of them secure first préference votes equal to or more than the quota determined under Instruction No. 3 declare him as elected; or ’ 201 11,P, KSHETTRA PANCHAYAT & ZILA PANCHAYAT ADHINIYAM, 1961 Ao i 5. 1f a1 the end of the first or any subsequent count the total number of Votg, credited 1o any candidale is equal to or greater than the quota or there is only op, continuing candidate, that candidate is declared elected.
6. 1f ot the and of any count, no candidate can be declared elected:
() exclude the candidate who up to that stage has been credited with h, lowest number of voles;
| (b) examine all the ballot papers in his parcel al:\d sub-parcel, arrange the i unexhausted papers in sub-parcels according to the next available | preferences recorded thereon for the continuing candidates, count the number of voles in each such sub-parcel and credit it to the candidate for whom such preference is recorded, transfer the sub-parcel to that candidate and make a separate sub-parcel of all the exhausted papers;
and (¢) see whether any of the continuing candidates has, after such transfer | and credit, secured the quota.
‘ If, when a candidate has to be excluded under clause (a) above, two or more candidates have been credited with the same number of votes and sand lowest on the poll, exclude that candidate who had secured the lowest number of first preference voles, and if that number also was the same in the case of two or more candidates decide by lot which of them shall be excluded.
All the sub-parcels of exhausted papers referred to in clause (b) above shall be set apart as finally dealt with and the votes recorded thereon shall not thereafter be taken into account.
Iustration.—Suppose there are four candidates. A, B, C and D and the number of first preference votes secured by them are — ! A=12 B=11 C=7 D=5 35 The quota will be = 35/2+1 =18 No candidate having obtained votes equal to or over the quota at the first count; the candidate having the lowest votes, namely D, will be excluded Suppose there are second preferences marked on only four Ballot papers in the parcel of D as below: :
A=2 B=2 “The fifth ballot paper will be placed in the sub-parcel of exhausted papers and the two papers recording second preference for A and B each will be placed in'separale sub-parcels for A and B, each of them will be credited with two addi Jlipnal.votes, The votes for A, B and C will now be :
\ 202 U.P. KSHETTRA PANCHAYAT & ZILA PANCHAYAT ADHINIYAM, 1961 (App. Vi A=12+2 B=11+2 c=7 Since at the end of the second count no candidate can be declared elected, the candidate C having the lowest votes out of the three continuing candidates will now be excluded and his votes transferred to other continuing candidates A and B.
Suppose second preference as recorded in all the ballot papers in the parcel of C are as below:
A=4 B=3 After crediting A and B with these additions votes. A would have secured 18 — 16 votes. A will, therefore, be declared votes, that is equal to the quota and B elected.