Uttar Pradesh Municipalitjes (Election of Members, Corporators, Chairman and Mayors) Rules, 20101 in exercise of the powers under pursuance of order published in Government Notification No, 418/9-1-10-01 GEN/2010, dated May 11, 2010 as required by sub-section (2) of Section 540 of the said Act of 1959 and the sub-section (1) of Section 300 of the said Act 1916, is pleased to make the following rules
1. Short title aind commence;
Uttar Pradesh Municipalities (Ele and Mayors) Rules, 2010.
(2) They shall be applicable in all the
(3) They shall come in publication in the Gazette.
2. Definitions—(l) In these rules, unless there is anything repugnant in the subject or context— (@ "Act" means the Uttar Pradesh Municipal Corporation Act, 1959 or the Uttar Pradesh Municipalities Act, 1916 as the case may be. .
() "Collector" means Collector appointed under Section 14 of the United Provinces Land Revenue Act, 1901 for the District within Wwhich the Municipalities, exercises the jurisdiction for the same Act for such District and includes an Additional Collector appointed under Section 14 clause (a) of the same Act and to .
whom the Collector may have by order in writing delegated any functions under the relevant Acts.
"Commission" means the State Election Commission constituted under Article 243-K of the Constitution of India. .
(q) “Contesting candidate” means a candidate whose name is ' included in the list of contesting candidate (&) "District Election Officer” means the officer designated or nominated under these rules. :
ment—(1) These rules may be called the ction of Members, Corporators, Chairman Municipalities in the State.
to force with effect from the date of their © © Vide Noti. No, 1857/9-1-2010-01-GEN/10 dated 18 June, 2010 Published in U.P. Gazette B, Part 4, Section (Kha), deted 13t Juno 2010, 442 U.P. MUNICIPALITIES ACT, 1916 "Distri istrate” means the District Magistrate ;
® u?ll(;:-‘gzcfi:g 20 of the Code of lClrim;nal Procedure, 19;;D0mted.
"Divisional Commissioner with reference to a My
(8) n?;:;: the Commissioner appointed under Section e Py United Provinces land Revenue Act, 1901 for the Division Withle which the Municipalities exercises its ) unsdlct]o‘n and inclygeg an Additional Commissioner appointed under Section 13 o f the saiq r such Division. * ) ééltef:fion" means an election to fill the office of a Member.
Corporator or the Chairman or the Mayor as the case may be of ;
municipality. ) )
(i) "Election return” means an‘electlon re turn in a Form specifieq i the State Election Commission.
() "Elector" means a person registered as el'et?tor in the electory role prepared for a territorial area of a Municipality
(k) "Municipality" means an institution of self-Government constituted under Article 243-Q. )
(1) "Polling return” means a pro forma for polling return specified by the State Election Commission.
(m) "Public holiday" means any day which is a public holiday for the purpose of Section 25 of the Negotiable Instruments Act, 1881 (Act 26 0f 1881). )
(n) "State Election Commissioner" means the State Election Commissioner appointed under Article 243-K of the Constitution of India.
(0) "Symbol" means a symbol included in the list prepared under Rule Z7.
(2) Words and impressjon used but not defined in these rules shall have the meaning assigned ¢ them in the Act.
: 3. Language of Form—The Forms, notices, lists and orders pFEPared or issued under these rules shall be in Hindi in Devnagri script.
t4.1 Cofnduct of elections—(1) The superintendence direction and control of the conduct of the elections of the corporators, members é};?rlxrr;ni:;:: dAr:aimr? of municipalities shall be vested in the State Electio® these rules. election shall be conducted in accordance with provisions® niCipa]ifieS
(2) The election to the i post of m irpersof &% mayor of the municipalities i b parties shall not be contested on the basis of politic
5. District Election 0 i e Commission shall, in cong fficer—(i) For each district in the Staté I ultati i ignate o nominate a district electi tion with the State Government, deslgnasmte io Government: n officer who shall be an officer of e . P. MUNI. (ELEC. OF MEM., COR., CHAIRMAIN & MAYORS) RULES, 2010 443 . provided that the Commission ma desi ; e such officer for a district if the Comy gnate or nominate more than mission is satisfied that t Cti ofthe office cannot be performed satisfactorily by one officer. o 2) Where more than one distrj i ;
nomi(nzted for a district under SUb'rlSeeg‘):f"t):e0(?2:;122?028312??‘“ l‘:r order designating or nomiinating the district election officers also spec;fl; th:
area in respect of which each such officer shall exercise jurisdiction.
(.3) Sub]ect.to- the superl'nte.ndence_ direction and control of the State lection Commission, the d'lstnct. election officer shall coordinate and supervise all work in connection with the conduct of elections in the district within his or her jurisdiction. .
(4) The district election officer shall also perform such other function as may be entrusted to him or her by the Commission.
6. District election officers, etc., deemed to be on deputation to the commission—The officers referred to in Rule 12 and any other officer or staff employed in connection with the conduct of, all elections shall be deemed to be on deputation to the Commission for the period during which they are so employed and such officers and ‘staff shall, during the period, be subject to the control, superintendence and discipline of the Commission.
7. Notification for general election to the Municipalities—(1) A general election shall be held for the purpose of constituting a new Municipality before the expiration of the duration of the existing Municipality or on its dissolution. i
(2) Rule7(2) For the said purpose, the Commission shall by one or more notifications published in the Gazette on'such date or dates, call upon the wards or constituencies to elect the Chairman or Mayor, members or the Corporators, as the case may be, in accordance with the provisions of these rules and orders made there under:
Provided that where a general election is held otherwise than on the dissolution of the existing Municipalities, no such notification shall be issued atany earlier than six months prior to the date on which the duration of that Municipality would expire.
. 8. Delegation of functions of Commission—The functions of the Commission under these rules or orders issued there under may, S“bl.ECt. to such general or special directions, if any, as may be given by the Commission In this behalf, be performed also by & Additional Elecfmp Commissioner, a Deputy Election Commissioner, a Joint Election Commissioner, an Assistant Election Commissioner, if any, or by the Secretary to the.Coinm(l;S:)T:’-r i
9. Observers—(1) The Commission may nominate Servers, who shall(b)e an officer of the State Government, to \jfiftd;_ t_he conduct of election or elections in a Municipality or a group of Mumup:e;tlss ad to perform such other functions as may be entrusted to him or Rer By € Commission, 444 U.P. MUNICIPALITIES ACT, 1916
(2) An observer nominated under .sub‘-rule (€8] s!ma}ll h.a\.
;e the direct the returning officer for a Mumcnpaht}’_or Municipalities for or she has been nominated, to stop the countm%1 of votes atany time before the declaration of the result or not to declare, the result if in the Opinion of the Observer booth capturing has taken place at a large number of pollin stations or at places, fixed for the poll'or couptmg of votes or any baljo;
papers or voting machines used at a polling station or at a place fixed for th, poll are unlawfully taken out of the custody of the returning officer o are incidentally or intentionally destroyed or lost or are damageq or tampereq with to such an extent that the result of the poll of that polling statiop or place cannot be ascertained. 1
(3) Where an observer has directed the returning officer under thjs rule to stop counting of votes or not to declare th'e r.esult, the Observer shy forthwith report the matter to the Commission anc'l thereupon the Commission shall, after taking all material circumstances into account issye appropriate direction under these Rules.
Explanation—For the purposes of sub-rule (2) and sub-rule 3) "Observer" shall include any such officer of the Commission as has been assigned under this: rule the duty of watching the conduct of election or elections in a Municipality or group of Municipalities by the Commission.
10. Returning officers—For every election to fill a seat or seats in the Municipalities, the Commission or the district election officer authorized by the Commission in this behalf shall, designate or nominate a returning officer who shall be an officer of the State Government or of a local authority:
Provided that nothing in this rule shall prevent the Commission from designating or nominating the same person to be the returning officer for more than one Municipalities. )
11. Assistant returning officers—(1) The Commission or the District Election Officer authorized by the Commission in this behalf, may appoint One or more person to assist any returning officer in the performance of his or her functions:
Power t, Which he
Provided that every such person shall be an officer of the State Government or of a local authority.
(2) Every assistant returnin returning officer, returning officer:
Provided further that n the functions of the rety nominations unless the performing the said funct g officer shall, subject to the control of the be competent to perform all or any of the functions of the 0 gssist‘ant returning officer shall perform any of rning officer which relates to the scrutiny © returning officer is unavoidably prevented from ion, | 48 | ' u. p MUNI. (ELEC. OF MEM,, COR,, CHAIRMAIN & MAYORS) RULES, 2010 446 emed o include an assistant returning office;
which he or she Is authorized to perform under 4
13. General duty of the returning officer.
of the returning officer at any clection to do alf pecessary for effectually conducting the electi these rules or orders made there under, 14, Provision of polling stations for ward of constituency—The district election officer shall, with the previous approval of the Commission, rovide a sufficient number of polling stations for every ward/constituency the whole or greater part of which lies within his or her jurisdiction, and shall publish, in such manner as the Commission may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.
15. Appointment of presiding officers for polling stations—(1) The district election officer shall appoint a presiding officer for each polling station and such polling officer or officers as he or she thinks necessary, but | he or she shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for a candidate in or about the election. .
Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the- election, to be the polling officer during the absence of the former officer, and inform the - district election officer accordingly
Provided further that nothing in this sub-rule shall prevent the district election officer from appointing the same person to be the presiding officer for more than one polling station in the same premises.
(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under these rules or orders made there under.
(3) If the presiding officer, owing to illness or other unavoidable cause is compelled to absent himself from the polling station, his or her functions shall be performed by such polling officer as has been previously authorised by the District Election officer to perform such functions during any such absence,
(4) References in these rules to the presiding officer shall, unless Fhe ‘ontext otherwise requires, be deemed to include any person performing any function which he or she is authorized to perform under sub-rule (2) or Sub-rule (3), as the case may be. )
16. General duty of the presiding officer—It shall be the general duty Of the Presiding officer at a polling station to keep order thereat and to see Atthe poll is fairly taken.
r performing any function ub-rule (2) of Rule 11, ~—It shall be the general duty such acts or things as may be on In the manner provided by | - TR ‘ U.P. MUNICIPALITIES ACT, 1916 446 olling officer—it shall be the duty of the polljp : alpz,.]lli):gfigtsa(t’ifo?lpm assgist t'he presiding officer for such statio performance of his or her functlons:
o -
18. Returning officer, .pre51d ing officer, eftéf., dEEI.ned to be o deputation to the Commissmn—’l’he returning officer assistant retyrp;, ep e lling officer, and any other officer e - officer, presiding officer, PO 8 dealamted fordhs appointeq under these rules, and any police officer designated for the time being by ¢, State Government for the conduct of any glecnon shall })e deemed to be on deputation to the Commissio n for the perloq commenci ng on and from the date of the notification calling for suc!1 ele ction and 'endmg with the date of declaration of the results of such el ection and accox:dmgly, such office rs sha]| during that period, be subject to the control, super intendence and discipline of the Commission.
4
19. Appointing of dates for nominations, etc.,. .fi)r _e_leCtion of members, corporators, Chairmen and May ors of Municipalities—(1) |n accordance with the time schedule determin ed by the Commission under Rule 7 the District Election Officer shal l by public notice, call upon the constituencies of the Municipalities in the district to elect the Chair man or the Mayor as the case may be and one member or one Corporat or as the case may be from each ward in Municipality
(a) the last date for filing of nomination which shall be the seventh day after the date of publication of the notification under this sub-rule, or if that date is a public holiday, the next succeeding day which is not a public holiday. :
(b) the date for scrutiny of nominations, which shall be the day next to the last date for filing of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday,
(c) the last date for withdrawal of candidature, which shall be the second day after the date for scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is nota public holiday;
(d) the day which shall not be earlier than seven days after the dat fixed for withdrawal of nomination, on which a poll shall if necessary, be taken,
(e) the hours within which such poll be taken:
(f) the place, date and time at which counting of votes shall commence.
-(2') The District Election Officer s Municipality for election of its the Mayor as the case may officers to assist him.
20. i i Municipall:'lll‘t?esseit(alt)lo(l)1 of Nomination papers for elections t© t.he n the'day appointed under Rule 19 for nominatio" 8 Officer n in the hall appoint a returning officer for each members or Corporators or the Chairman 0 be and may also appoint assistant returning I. (ELEC. : U. P. MUNI. (ELEC. OF MEM"COR-.CHAIRMAIN&MAYORS) RULES, 2010 447 and for the presentation of nomina the Act for election as a member o Municipality aud desiring to seek tion papers, any person qualified under r Corporator or Chairman or Mayor of a . Eob such election, hereafter in referred to as the candidate, shall deliver in person or through proposer to the returning officer his or her nomination paper in prescribed Form duly filled in and signed by.hxm or her .or bearing his or her thumb impression: - Prov1ded- that if a candidate belonging to the Scheduled Castes.
scheduled Tribes or Backward Classes submits his or her nomination paper for a feserved ward, he or she shall attach a copy of the certificate to that effect issued by an officer authorized by the State Government:
Provxded. further that a candidate belonging to the Scheduled Castes or scheduled Tribes or Backward Classes or a woman of any category shall not be debarred to contest election from a general ward:
(2) Any nomination paper not delivered as provided in sub-rule (1) shall be liable to be rejected.
(3) More than one nomination paper may be filed on behalf of a candidate by different voters from the same constituency ward, but the total nomination papers filed on behalf of candidate shall not exceed four per ward or constituency. In case more than four nominations are presented, only the first four presented shall be considered and the rest shall be summarily rejected. k
(4) A voter cannof nominate, as a proposer, more than one candidate Where a voter has signed on nominations for more than one candidate all such nominations other than the first one received by the returning officer shall stand invalid. '
(5) Every nomination paper subscribed and signed as aforesaid must be delivered to the returning officer in person by the candidate or any of the proposers on the days and between the hours fixed for the nomination of candidates at the place specified in this behalf in the public notice issued by the district election officer under Rule 19.
21. Procedure upon delivery of nomination papers—Upon delivery of a nomination paper under Rule 20 the returning officer shall inform the person so delivering the same of the day, hour and place appointed for the scrutiny thereof and shall endorse thereon in his or her handwriting.
(i) the serial number of the ward or constituency from which the candidate proposes to seek election.
(i) the serial number of the nomination paper for such ward or constituency. a il
(iii) the name of the person, delivering .the nanlnagop paper together with the name of the person, if any, identifying such person, and
(iv) the date on which an was delivered to him.
d the hour at which. the nomination paper | 448 U.P. MUNICIPALITIES ACT, 1916 22, Right to information—(1) A candidate shall, apart from ap information which he or she is required to furnish under the Act in his or he, nomination paper delivered under Rule 19 and Rule 20 also furnish the information as to whether
(i) he or she is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction:
(ii) he or she has been convicted of an offence other than any offence " referred to in clause (1) for imprisonment for one year or more;
(iii) the assets (immovable. movable, bank balance, etc,) of a candida&te and of his or her spouse and that of his or her dependents;
(iv) liabilities, if any, particularly whether they are any other dues of any public financial institutions or of the Central or the State Government dues:
(v) the educational qualification of the candidate.
(2) The candidate or his or her proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under Rules 19 and 20, also deliver to him other an affidavit or declaration sworn by the candidate in a prescribed Form verifying the information specified in subrule (1).
(3) The returning officer shall, as soon as may be-after the furnishing of information to him or her under sub-rule (1), display the aforesaid information by affixing a copy of the affidavit, delivered under sub-rule (2), at a conspicuous place at his or her office for the information of the electors relating to a ward of constituency for which the nomination paper is delivered.
23. Deposits—A candidate shall not be deemed to be duly nominated for an election for Municipalities unless he or she deposits or causes to be deposited a sum as fixed by the State Election Commission in consultation with the State Government:
FroYi'ded that whether a candidate has nominated by more than one nomination paper for election in the same ward or constituency, not more than one deposit shall be required of him or her under this rule.
2'4-. Scrutiny of nomination papers—(1) On the date and time fixed for scrutl.ny of nomination papers under Rule 19 the returning officer shall examine the nomination papers and decide all objections which may be made to any nomination and may, either on such objection or on his or her own motion, after such summary inquiry, if any, as he or she thinks necessary, and after giving the candidate a reasonable opportunity of being heard, declare invalid any nomination on any of the following grounds—
(2) thatthe candidate is not qualified or is disqualified for election:
U. P. MUNL. (ELEC. OF MEM., COR., CHAIRMAIN & MAYORS) RULES, 2010 449
(b) that he or she is not identical with the person whose number or name on the voters' list is stated in the nomination paper to be the number or name of the candidate:
(c) that his or her signature or thumb impression is not genuine or has been obtained by fraud, coercion or undue influence;
(d) that there has been a failure in complying with the provisions of Rules 20 and 21.
(e) that the candidate has not made or caused to be made the deposit referred to in Rule 23,
(f) that the candidate has not attained the minimum age required for being elected as a member or Corporator or Chairman or Mayor as the case may be. &
(8) that the proposer has not been enrolled as a voter of the ward or constituency for which the nomination has been filed.
(h) that the proposer has subscribed nomination for more there one candidate in the same ward subject to the provisions as contained in sub-rule (4) of Rule 20. .
(2) On the date fixed for the scrutiny of nomination under Rule 23 the candidates, and their election agents, or one proposer of each candidate or one other person duly authorized in writing by each candidate, but no other person may attend at such time and place as the returning officer may appoint.
(3) The returning officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.
(4) A failure to complete or a defect in completing the declaration as to symbols in a nomination paper in prescribed form shall not he deemed to be defect of a substantial character within the meaning of sub-rule (3).
(5) For the purposes of this rule an entry in the electoral roll for the time being in force of a ward or constituency shall be conclusive evidence of the fact that the person referred to in that entry is an electoral for that ward - unless it is proved that he or she is subject to a disqualification mentioned in the Act.
(6) The returning officer shall endorse on each nomination paper his or her decision accepting or rejecting the same and, in case of rejection, a brief statement of his or her reason for such rejection.
(7) The scrutiny shall be completed on the same day and no adjournment or the proceeding shall be allowed.
(8) In case any dispute regarding the status of ) candidate being considered eligible to be elected against a reserved seat arises at the time of scrutiny of nomination the returning officer may ask the candidate to produce the original of the certificate referr.ed to above or any other documents in support of the claim of the candidate. After scrutiny of such evidence, the returning officer shall declare whether the candidate's claim § { i ¥ i 1 | } { | { { ] ¥ | | | of the appointment shall be i officer 450 U.P. MUNICIPALITIES ACT, 1916 for being eligible to be elected from a reserved seat o f a Municipality is acceptable or not. .
25. Withdrawal of candidature—(1) Any candidate may wi thdraw his or her candidature by a notice in writing which shall ' contam such particulars as may be prescribed and shall be subscribed by him or her and delivere d before the time prescribed on the day fixed under R\}l e 19 to the returning officer either by such candidate in perso n or by his or her' proposer or election agent who has been authorized in this behalf in writing by such candidate.
] .
(2) No person who has given a notice of withdrawal of. his or her candidature under sub-rule (1) shall be allowed to cancel the notice:
(3) The returning officer shall, on being satisfied as to the genuinene ss of a notice of withdrawal and the identity of the person delivering it unde r sub-rule (1). cause the notice to affixed in some conspicuou s place in his or her office.
26. Publication of list of contesting candidates—(1) immedi ately after the expiry of the period within which candidatures may be withdrawn under sub-rule (1) Rule 25 the returning officer shall prepare and publish in such Form and manner as may be determined by the commission a list of contesting candidates, that is to say, candidates who were included in the list of validity nominated candidates and who have not withdrawn their candidature within the said period.
(2) The names of candidates shall be arranged in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be determined by the commission.
27. Allotment of symbols to contesting candidates—(1) The State Election Commission shall, by notification in the Gazette, specify the symbols that may be allowed to candidates at elections to the Municipalities.
(2) The day immediately following the last date for withdrawal of the candidatures, the returning officer shall proceed to allot symbols to the contesting candidates
(3) The allotment by the returning officer of any symbol to a candidate shall bg final except where it is inconsistent with any directions issued by the Commission in this behalf in which case the Commission may revise the allotment in such manner as it thinks fit.
2{3. Election agent—A candidate, at an elegtion may appoint in the presgnbed manner anyone person other than himself to be his or her ele(.:tlon agent, .who shall be an elector of the constituency concerned for which the candidate is contesting and against whom no criminal charge has been framed by court of law, and when any such appointment is made, notice given in the prescribed manner to the returning LA his ars red ing ich er ess ler ely in of ist eir nd TS he ite ols he he ite he he he er U. P. MUNI. (ELEC, (ELEC. OF MEM., CoR,, CHAIRMAIN & MAYORS) RULES, 2010 451
29. Disqualification for being an election agent—Any person who is for the ?Tzrb&i‘n; disqualified under these rules for a being member or Corporato : airman or Mayor as the case may be of the Municipalities in the State l‘" bord'VOting at election shall so long as the disqualifications subsists, also be disqualified for being an election agent at any election.
30(}:::?:::'“ of the appointment of an election agent—(1) Any revoca appointment of an election agent shall be signed by the candidate and shall operate from the date on which it is lodged with the returning officer
(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, or after the election but before the account of the candidate's election expenses has been lodged in accordance with the provisions, the candidate may appoint in the prescribed manner another person to be his or her election agent and when such appointment is made, notice of the appointment shall be given in the prescribed manner to the returning officer.
31. Functions of election agents—An election agent may perform such functions in connection with the election as are authorized by or under these rules to be performed by an election agent.
32. Appointment of polling agents—A contesting candidate or his or her election agent, may appoint such number of agents and relief agents as may be determined by the commission to act as polling agents of such candidate at each polling station or at the place fixed for the poll.
33. Appointment of counting agents—A contesting candidate or his or her election agent, may appoint one or more persons, but not exceeding such number as may be determined by the commission, to be present as his or her counting agent or agents at the counting of votes and when any such appointment is made notice of the appointment shall be given to the returning officer within the stipulated time.
34. Revocation of appointment on death of a polling agent or counting agent— (1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his or her election agent and shall operate from the date on which it is lodged with such officer as may be determined by the returning officer, and in the event of such a revocation or of ghe death of a polling agent before the close of the poll, the cand{date or his or her election agent may appoint another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment to such officer asmay be determined by the returning officer
(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his or her election agent and shal! operate from the date on which it is lodged with the returning offifzer, and in the event of such a revocation or of the death of a counting agent before Fhe Commencement of the counting of votes, the candidate or his or her election U- P MUNI. (ELEC. OF MEM., COR., CHAIRMAIN & MAYORS) RULES, 2010 451
29. Plsqua!ification for being an election agent—Any person who is for the time bem_g disqualified under these rules for a being member or Corporator or Chairman or Mayor as the case may be of the Municipalities in the 'State or for voting at election shall so long as the disqualifications subsists, also be disqualified for being an election agent at any election.
30.' Revocation of the appointment of an election agent—(1) Any revocation of the appointment of an election agent shall be signed by the candidate and shall operate from the date on which it is lodged with the returning officer
(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, or after the election but before the account of the candidate's election expenses has been lodged in accordance with the provisions, the candidate may appoint in the prescribed manner another person to be his or her election agent and when such appointment is made, notice of the appointment shall be given in the prescribed manner to the returning officer.
31. Functions of election agents—An election agent may perform such functions in connection with the election as are authorized by or under these rules to be performed by an election agent.
32. Appointment of polling agents—A contesting candidate or his or her election agent, may appoint such number of agents and relief agents as may be determined by the commission to act as polling agents of such candidate at each polling station or at the place fixed for the poll.
33. Appointment of counting agents—A contesting candidate or his or her election agent, may appoint one or more persons, but not exceeding such number as may be determined by the commission, to be present as his or her counting agent or agents at the counting of votes and when any such appointment is made notice of the appointment shall be given to the returning officer within the stipulated time.
34. Revocation of appointment on death of a polling agent or counting agent— (1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his or her election agent and shall operate from the date on which it is lodged with such officer as may be determined by the returning officer, and in the event of such a revocation or of t.he death of a polling agent before the close of the poll, the candi.date or his or her election agent may appoint another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment to such officer as may be determined by the returning officer
(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his or her election agent and shall operate from the date on which it is lodged with the returning officer, and in the event of such a revocation or of the death of a counting agent before , the commencement of the counting of votes, the candidate or his or her electio n 452 U.P. MUNICIPALITIES ACT , 1916 int another counting agent at any Fime before the coung, 35::: :?;r?rgg:\?eg and shall forthwith give notice of such appoint,-ne?1t t:
the returning officer .
35. Function of polling agents and counting agents—(1) A Polling agent may perform such function in connection thi} the poll authorised by on under this rule to be performed .by apo ling agent.
(2) A counting agent my perform such functhns in connection with, the counting of votes as are authorised by or under this rule to be performeq by nting agent. ) : cOUSG. AgttSndance of contesting candidate.or his or her election agent at polling stations, and performance by him or hel.' of functions of i polling agent or counting agent—(1) At every electlop where a poj jg taken, each contesting candidate at such electu‘m and .hlS or her electign agent shall have a right to be present at any polling station for taking of the poll or at place fixed for the poll.
(2) A contesting candidate or his or her election agent may himself do any act or thing which any polling agent or the counting agent of such contesting Candidate appointed would have been authorised by or under these rules to do, or imay assist any polling agent or the counting agent such contesting candidate in doing any such act or thing.
37. Non-attendance of polling or counting agents—Where any act or thing is required or authorised by or under these rules to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done. invalidate the act or thing done.
38. Procedure for contested and uncontested elections—(1) In case of a contested election, poll shall be taken on the date mentioned under Rule
19.
as are
(2) For any seat if the number of valid nominations, lier withdrawal, if ally, is only one, the person so nominated shall be declared to be elected.
(3) If there is no contesting candidate in an election then the vacancy $0 caused shall be filled by the Commission as per Rule 60.
39. Eligibility of members belonging to Scheduled Castes or Scheduled Tribes, etc, to hold seats not reserved for those castes tribes, etc.—(1) For The avoidance of doubt it is hereby declared that 2 woman or a member belonging to the Scheduled Castes or the Schedul¢ Tribes or the Backward Classes shall i i it seat 1% sesprzid e Wiy up ks not be disqualified to hold it q . / persons belongi classes ! otherwise qualified to hold such Seat unde:%;\:gAtcot o § 40 fl!"gtm“ of polling hours—The Commission shall fix the 1% ur";gr w '('iC dflti; POI}i will be taken and the hours so fixed shall be P“bliShed' Provided that the total period a]) ling at election for Municipalities shall not be ?:::(ih(::\ 2?83,&“:032, for polling U. P. MUNL. (ELEC, OF MEMm., COR,, CHAIRMAIN & MAYORS) RULES, 2010 453 returning officer concerned, journed under sub-rule (1) the returning rt the circumstances to the District Election 10n, and shall. as soon as may be with the
(2) Whenever a poll is ag officer shall immediately repo;
officer of and the Commiss poll shall have been completed. (3) In every such case as aforesaid, the returning officer snail notify in such manner as the Commission may direct the date, place and hours of polling fixed under sub-rule 2)
42. Fresh poll in case of destruction of ballot boxes, Electronic Voting Machines etc.—(1) If at any election— .
(@) any ballot box or electronic voting machine used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer-or the returning officer, or is accidentally or intentionally destroyed or lost, or damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained; or
(b) any voting machine develops a mechanical failure during the course of the recording of votes: or
(c) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the oll.
The r:turning officer shall forthwith report the matter to the Commission, ) p
(2) Thereupon the Commission shall, after taking all material tircumstances into account, either— .
() declare the poll at that polling station or place to be void, and appoint a day, and fix the hour.s, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deemh lit, ml-l i : It of a fresh poll at that polling station or & ;fl::t;zf;i;]d nt:ta fnt };?“rlevs;;y' affect the fesult of t}.le election or that the mechanical failure of the voting machine or the error ;. | 454 U.P. MUNICIPALITIES ACT, 191 6 irregularity in procedure is not material issue such direcy;
the returning officer as it may dgem proper for th e conduct and completion of t he election.
(3) The provisions of their r ule shall apply to every such fresh boll g they apply to the original poll . )
43. Adjournment of poll or countermanding of electi on i ground of booth capturing—(1) at any election— ]
(a) booth capturing has taken place at a polling Station or at 4 Place fixed for the poll (hereafter referred to as the place) i such manner that the result of the poll at that polling station g the place cannot be ascertained; or
(b) booth capturing takes place in any place .for counting of voteg i such manner that the result of the counting at that place cannot be ascertained the returning officer shall forthwith report the matter to the Commission.
(2) The Commission shall on the receipt of a report from the returning officer under sub-rule (i) and after taking all material circumstances into account either—
(a) declare that the poll at that polling station or place be void, and appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or
(b) if satisfied that in view of the large number of polling stations or places involved in booth capturing the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such manner as to affect the result of the election, countermand the election in that ward or constituency.
44. Voting at elections—At every election where a poll is taken, votes shall be given by ballot or in such a manner as may be determined by the Commission and no vote shall be received by proxy.
45. Voting machines at elections—Notwithstanding anything contained in These rules, the giving and recording-of votes by voting machines in such manner as may be prescribed, may be adopted in such war.d or constituency or wards or constituencies as the Commission m&:
having regard to the circumstances of each case, specify.
Explanation—For the purpose of this rule, "voting machine" means % machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot PaPé" in these rules or order shall, save as otherwise provide, be C0n5trued.a:
including a reference to such voting machine wherever such voting machi® is used at any election
46. Right to vote—(1) No person who is not, and except as eXP.ressrlZ provided in the Act, every person who js for the time being entered in ions & furt}ler the " U. P. MUNI (ELE?. OF MEM., COR., CHAIRMAIN & MAYORS) RULES, 2010 455 electoral roll of by an Ward constituency.
(2) No person shall vole at or she is subject to any in the di Y ward or constituency shall be entitled to-vote i that an election in any ward or constituency if he squalifications referred to in the Act.
(?) No person shall vote at a general election in more than one ward or constituency of the same class, and if a person votes in more than one such ward or C(_Jnstltuency. his or her votes in all such wards or constituencies shall be void.
(,4) No person shall at any election vote in the same ward or constituency more than once, notwithstanding thin his or her name may have been registered in the electoral roll for that ward or constituency more than once, and if he or she does so vote. all his or her votes in that ward or constituency shall be void.
(5) No person shall vote at any election'if he or she is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police:
Provided that nothing in this sub-rule shall apply to a person subjected to preventive detention under any law for the time being in force.
47. Counting of votes—At every election where a poll is taken votes shall be counted by, or under the supervision and direction of the retiming officer and each contesting candidate his or her election agent and his or her counting agents, shall have a right to be present at the time of counting
48. Fixation of time, place and date for the counting—(1) The Returning Officer shall appoint the date for the counting of votes as fixed by the Commission after the completion of the poll and shall fix the place and time at which the votes shall be counted.
(2) The Returning Officer shall give notice of such dates, time and place to the contesting candidates or their Election Agents, )
(3) If at the time so appointed for the counting of votes the ballot boxes containing the votes to be counted are not received by the Returning Officer or if due to any other unavoidable cause he is unable to proceed with counting, he may postpone the counting to another date and fix the time and place for it with the prior approval of District Election Officer and give notice thereof to the contesting candidates or their Election Agents 49, Counting Agents—(1) A contesting candidate or his Election Agents may appoint one person to be present as his Counting Agents at the counting of votes. .
(2) Every such appointment shall be made in writing before the commencement of the counting.
(3) No Counting Agents shall be admitted into the place fixed for counting unless he has delivered to the Returning Officer the letter of his appointment under sub-rule (2) . U.P.MUNL. (ELEC. O F MEM., COR., CHAIRMAIN & MAYORS) RULES, 2010 457 reasona f the opi:ilsnogfp?}:;u:ty to inspect all ballot papers which in . but shall notiallo eturning officer are liable to be rejected, The Returnin O‘tftv‘ them to handle these or any other paper.
vepad e dfrs icer shall on every ballot paper which is any, candidste 0: h{‘EJECtlol} in Hindi in Devnagri script. If of the rejection of is Election Agent questions the correctness also record brl of any ballot paper, the Returning Officer shall 50 I ord briefly on such ballot paper, the grounds for his rejection.
(g) After the counting of all ballet papers contained i n the ballot boxt?s or votes recorded in electronic voting machine of the polling place has been completed the Returning Officer shall cause all such ballot papers to be kept in separate packet on which there shall be indicated such particulars as may identify the polling place, the name of the Municipality and "the constituency to which the ballot papers or votes. ’
52. Grounds for rejection of ballot papers—(1) The Returning Officer shall reject any ballot paper—
(a) if it bears any mark or writing by which an elector can be identified.
(b) ifitis spurious ballot papers: or .
(c) ifithasbeenso damaged or mutilated t hat its identity as genuine ballot paper cannot be established: or
(d) if it bear's a serial number or a design different from the serial number or design, as the case may be of the ballo t papers authorized for use at the particular polling place: or
(e) if votes are given on it in fav our of more candidates than the number of seats required to b e filled in a constituency: or
(f) ifnovoteis recorded ther eon.
) A vote recorded on a ballot paper shall be rejec ted if the mar}( indicating the vote is placed on the ballot paper in such m anner as to make it - doubtful which candidate t he vote has been given:
Provided that a ballot pap er shall not be rejected me rely on the ground that the mark indicating the vote is indistinct or made mo re than once against the name of a parti cular candidate if the inten tion that the vote Sha.“ be for a particular cand idate clearly appears f rom the way the paper is marked .
(3) The decis or of vote given all any suc h any decision to the cont rary in question of the election
53. Destruction, 10ss €
(1) If at any time before the counting 0 ion of the Returning officer to the validity of a ballot paper ballot paper shall be fi nal subject, however, to given on the trial of an ele ction petition calling tc., of fiallot papers at the time of counting — £ votes is completed any bal lot paper 458 U.P. MUNICIPALITIES ACT, 1 916 used at a polling station or at a place fixed for the pgll S:Ftlalur;La}AI:ullx taken out of the custody of the returning officer or are accidenta yh Intentionally destroyed or lost r are damaged or tampered with, to Sllct ban extent'that the result of the poll at that polling station or place can no D'e a.SCertam‘ed‘ the returning officer shall forthwith report the matter to the District Electiop Officer and the Commission ) .
(2) Thereupon, the Commission shall after taking all materig] circumstance into account, either—
(a) direct that the counting of votes shall be sto pped, d(::c]are the pol| at the polling station or place to be void and appoint a day, anq fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in s uch manner as it may deem fit, or y
(b) if satisfied that the result of a fresh poll at that polling s.tation or place will not in any way, affect the result of the election issue such directions to the returning officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.
(3) The provisions of these rules or orders made there under shall apply to every such fresh poll as they apply to the original poll.
54. Equality of votes—If after the counting of the votes is completed, an equality of votes is found to exist between any of the candidates and the addition of one vote will entitle any those candidates to be declared elected the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
55. Declaration of results—When the counting of the votes has been completed, the returniug officer shall in the absence of any direction by the Commission to the contrary, forthwith declare the result of the election in the manner provided by the Act or these rules.
56. Report of the result—As soon as may be after the result of an election has been declared the returning officer shall report the result to District Election Officer and the Commission,
57. Publication of results of i Pu general elections to the Municipalities—The name of every person elected as member Corporate Chairman or Mayor of a Municipality as the case may be shall be published in the Gazette in the manner prescribeq by the Commission
58. Custody of the return and of th relating to election—(1) The Retunin O e DALt PR D g Officer shall, after reporting the result of the election under Rule 57 . pogs istri Election Officer for safe custody. e e et ot et U. P. MUNL.
(ELEC. OF MEM., COR., CHAIRMAIN & MAYORS) RULES, 2010 459
(2) The Returning Officer shall also forward to the District Election ?eflgi?;gflt); :}?:eelc::ttig? by the packets of ballot papers and all other papers
59. Inspection of ballot papers and contents thereof—(1) While in the custody~ of tllme District Election Officer the packets of ballot papers, whether valid, rejected or tendered and of the marked copy of the electoral shall not be opened and their contents shall not be inspected by or produced before any person or authority except under the order of a competent court or of a District Judge hearing an election petition. The inspection when ordered shall be subject to the payment of a fee at the rate of Rupee Twenty per day on which the inspection is done.
(2) All other papers relating to the election shall be opened to public inspection subject to such condition, if any, as the State Government may specify and subject to the payment of a fee at the rate of Rupee One hundred per day on which inspection is done,
(3) Copies of the return forwarded by the Returning Officer under subrule (1) of Rule 39 shall be furnished by the District Election Officer on payment of a fee of Rupees One hundred for each copy
(4) Copies of such papers are allowed to be inspected under sub-rule
(2) and shall be given to any person applying for the same on pay ment of afeeat the same rate as is charged in the State for a copy of any order by a Revenue Officer Any application for copies of papers may be ma de on plain paper and no judicial stamp need be affixed.
(5) Certified cops of any paper referred to in sub-rule
(6) shall be issued from the officer District Election Officer or the District Magistrate concerned
60. Election to unfilled seats—(1) On receipt of report of any seats remaining unfilled the District Election Officer shall, as soon as may be, in accordance with the instruction of the Sate Elect ion Commission, call upon the constituency concerned to elect the member or Corporator or Chairman or Mayor as the case may be for the Municipal ity before such date as may be fixed by the Commission and shall also appoint a fresh date, time and place for each item mentioned in Rule 19 and the provision of these rules shall, as far as may be, apply in relationtoa member to fill such vacancy.
(2) If again the constituency fails to elect member or Corporator or Chairman or mayor as the case may be of the electi on held under sub-rule
(1), the District Election Officer shall report the fact to the State Election Commission.
61. Penalties—Any person who—
(a) matters or tampers with the electoral roll or this copy or other documents in contravention of the Rule; or
(b) obstructs or in any way interferes with any officer and servant appointed or employed for the purpose of these rules in performance of his duties or 00 U.P. MUNICIPALIT IES ACT, 1916
(c) defaces, injures, disturbs or re moves anydcopér; rz}tll ecseeorr l"thf:r documents affixed or othe rwise published un ules in any public office or else where;
Shall be punishable with fine whic h m
62. Bye-election—If a vacancy O ¢ in the offize of an elected member or Corporator or Chairman or Mayor a 5 the case may be of a' Municip ality the District ‘Electlon iOSfSi?g:a‘r 5}111311, in accordance with the instructions of th; tSta:lZ g:
;t;firgg:‘n;r éor;')g?atgf‘:;:
the territorial constituency concerned to e i as the case may be for the Mumcnpa'illty before sqch date g? ?111;!;?)2 (I)i:cxiaz;rthe Commissionyand shall also ap point ;heh date, time and place of various stages of bye-election in accordance with the lp;rowsmn ?f Rule 19 and the provisions of these rul es shall, as far as may be, apply in relation to the election of a member or Corpora tor or Chairman or Mayor as the case may be, to fill such vacancy e 1[63. (1) All papers relating to the election of Mumcnpa htnes shall be destroyed after period of one year from the date of declar-atl on of the result of election, subject to any directions to the contra ry given by the State Election Commission or a competent court or a Tribunal. The election returns shall be retained till the completion of the next general election and shall thereafter be destroyed subject to any directions to the contrary given by a competent authority or the Commission
(2) The electronic voting machines kept in the custody, shall be retained intact for such period as the State Election Commission may direct and shall not be used at any subsequent election without the previous approval of the State Efection Commission.]
ay extend to ten thousan d rupees, Rules 63 subs. by Noti. No, 136 /%-1-13 -615A- Gazette. Extra.. Part 4 Section (kha), date 5A-10, , d 430t Japred 30 1 anuary, 2013 published in U anuary 2013 (wef 30-1-201;3).
ccurs by reason of d eath or otherwise - R U.P. MUNIOIPM JTlES ACT, 19 16 (¢) defaces, injures, disturbs or removes amydcop‘yi',e :lt:}tll:seeor Other documents affixed or otherwise published un: rules i any public office or elsewhere;
Shall be p{lsishable with f ine which may extend to t en thousand rupees,
62. Bye-election—If a vacancy 0ccur s by feaso“C;f ?:r:::f;r(’;herw:se ¢ in the office of an elected member or Corp orator of t‘a o Offzes ‘r‘llyor as the case may be of a M unicipality the Distrlct‘E lec io o s“a“' I accordance with the instructions of the State Election Cgmm e call upop the territorial constituency concerm;d ;
o etl;zt&du :s:;al?:y?efofi-?::xo;az i ase may be for ; 1 :: :::;i: %;:f{;rt:se ::‘fn fmissiony and shall also app om.t ltlheh date, n.m'e and place of various stages of bye-electio n in accordance with the provision Pf Rule 19 and the provisions of these rules shall, as far as ma y be, apply in relation to the election of a member or Corporator or Chairman or Mayor as the case may be, to fill such vacancy O 1[63. (1) All papers relating to the election of Munl cl]:)alltles shall be destroyed after period of one year from the date of declarati on of the result of election, subject to any directions to the cont rary given by the State Election Commission or a competent court or a Tribuna l. The election returns shall be retained till the completion of the next general election and shall thereafter be destroyed subject to any directions to the contrary given by a competent authority or the Commission
(2) The electronic voting machines kept in the custody, shall be retained intact for such period as the State Election Commission may direct and shall not be used at any subsequent election without the previous approval of the State Election Commission.]
; I Rules 63 subs. by Noti. No. 136/X-1-13 0 BT e Exra. Pat 4 Section (kha), dated 30, 446 30