Uttar Pradesh Panchayai Raj (Sadsyo… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Rules
Year	1947
Jurisdiction	State of Uttar Pradesh
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	agriculture, local

Appendix-é THE U.P. PANCHAYAT RA g (ELE MEMBERS, PRADHANS AND CTION OF UP-PRADHAN RULES, 1994' %) CONTENTS Rules Rules

CHAPTER | 22, [Omitted) PRELIMINARY - 23, Admission to the polling place.

1. Short title and commencement. 24, Procedure for voting. 2. Definitions. ;g Ballot papers. CHAPTER II 5o I‘flalif” bofxeS-u ) . otice of polling. ELECTION OF MEMBERS OF 28, Arran f GRAM PANCHAYAT Vofingg.ements or secrecy of

3. Mukhya Nirvachan Adhikari 29. Ballot paper and other materials (Panchayats) and the District to be provided at a polling place. Magistrate. L 30. Preparation of ballot box for the 4. Nirvachan Adhikari. polf

5. Sahayak Nirvachan Adhikari. 31. Placing of ballot boxes for 6. Polling places. receipt of ballot papers. 7. Matdan Adhyaksh. 32, Identification of electors. 8. Matdan Adhikari. 33. Issue of ballot papers to electors. 9. Nirvachan Abhikarta. 34. Ma‘ul'ltenance ofusecrei: of voting 10. Matdan Abhikarta. by electors within polling station 11. Printing and price of nomination and voting procedure. papers. 35. Recording of votes for blind and 11-A. Deposits. infirm electors.

12. Lis}‘:c)of symbols. 36. Rleturnir\g of ballot papers by an

13. Election of members. elector. : )

14. Notice of election and fixing of 37. Ig:)afiie; 123;11):;1;?1;\2“ étzntrc}i'u:u_;g dates.

. oot poll. 15. g;;seerr:ahon of nomination 38. Ballot papers found outside

16. Notice of nominations. % ';an(;::gisétes 17. Scrutiny of nominations. ity . 18. Withdrawal of candidature. 40. }S)gel\fmg of ballot boxes, etc., after 19. List of contesting candidates and :

allotment of syn%bols 41. Accounf of ballot papers. .

20. Uncontested election. 42, Transmission of ballot .koxgs, 21. Contested election. etc., to the Nirvachan Adhikari.

¥ — " . -1- I Published in U.P, Gazette, Part (1-Ka), dated 3rd September, 1994, vide Noti. No. 3840/XXXIIl-1 4-250-94, dated 271h August, 1994.

PRA—;

[345] | 7% U. P. PANCHAYAT RAJ ACT, 1947 346 g <oy, Rudes _. b d Ru;e; Declaration of rt of ballot boxes an X cclaration of resyltg ;

& T;?Eifs°and their custody. _ cases. 4 o Certajn

44. Adjournment of poll in 73, Contested elections, emergencies. 74. Death of contest i

45. Frcshg holl in case of destruction, before poll. SHag Candidaq etc., of ballot bofxes. . g 75. Retirement.

46. Appointment of time, place an . .

dapt}e) for the counting. ;;’ Iédml;smn t? the polling Place,

47. Ganana Abhikarta. - procedureof voting, -

48. Persons who may be present at /8- Ballot papers.

the counting. 79. Ballot boxes.

49. Procedure at the counting. 80. Notices at polling place.

50. Grounds for rejection of ballot 81. Arrangement for secrec papers. ; voting. Y of 51. Verification o accounts 82 Ballot papers and : . oth

52. ilg;tllkoar; ;etum by the Nirvachan g3, Pr(leFaration of ballot box for the

53. Declaration of result. 84 g{’ 9

54. Equality of votes. g f%f ballot boxes for

55. Report of result. recelpt o N allot papers.

56. Custody of the return and of the 8 Idefmfmanon O.f elector. ballot papers and other papers 86- Maintenance of secrecy of voting relating to election. by electors within Pol?i’ng station 57. Production and inspection of and voting procedure.

election papers. 87. Issue of ballot papers to electors. gg gonstitution of Gram Panchayat. 88. Voting.

. Bye-election. 89. Instructi i 60. Election to unfilled seats. VOt(:Su Ct(l)OHSe gpl:i‘;cgédg\y tf(\’ef 61. Penalties. Matdan Adhyaksh ‘when 62. Disposal of election papers. requested.

CHAPTER III 90. Recording of votes of blind and ELECTION OF PRADHAN o e electors. AND UP-PRADHAN . el:t(:‘.tl;? of ballot papers by an

63. Interpretations. i N . 64. Application of certain 92. Ma;t'dan Adhyaksh's entry into provisions. Sgl}mg compartment during

65. General election of P hans ) . 66. List of symbols. i ) 93. Ballot papers found outside 67. Printing and supply of ballot boxes.

nomination paper. 94. Tendered votes.

68. Notices of election and fixing of 95. Sealing of ballot boxes, etc., after dates. poll.

69. Presentation of nominati 96. Account of ballot papers.

papers o 97. Ti issi fpbgll t boxes, b . Trans ol ", 70. Notice and scrutiny of etc., tgltlfi:mN?rv‘;chan Adhikari. ?gnn;ir&z;ttl&n: and withdrawal of ~ 98. Trarl:sport dofhballot nges and » ' cket: thei tody. 71. List of contestin candidates and ~ 99. ga::ljo?:n}a:ent elr;:;x * pfiu in allotment of symgbols. emergencies.

2 R 2 U. P. PANCHAYAT RAJ (ELECTION OF MEMBE PPN 6T AND UP-PRADHANS) RULES, 108" " PHANS 347 e Rules h poll in case of destruction, 7 100- gcef ofp ballot boxes. - Plr ?d.ucm’“ and inspection of ointment of time, place and election papers.

101 date for the counting. 113. Disposal of clection papers.

102. Ganana Albhikail;tasbc Cat 114, Offences.

n who m resent a . .

10 S:Sc(gm\tin& YR 2 By.L leations, 104 procedure at the counting. 116. Failure to clect a Pradhan, 105: Grounds for rejection of ballot 117. Election of Up-Pradhan.

) apers. 118. Di i

106. g’erification of accounts 15P0'5a1 of election papers.

submitted by the Matdan 9. Vacation of office under Section Adhyaksh. 11-D of the Act.

107. Election return by the Nirvachan CHAPTER IV Adh;ifafl- " OMISSION OF CHAPTERS

108. Equ “}"0 votes. I-D AND I-E OF PANCHAYAT

9. Declaration of result. 10 ST . RAJ RULES

110. Ie%ii}zgrotn an notification - of 190 Omission of Chapter I'D and

111. Custody of the return and of the gfliei ter I-E of Panchayat Raj ballot papers and other papers relating to Election.

In exercise of the powers under Section 110 of the United Provinces Panchayat Raj Act, 1947 (U.P. Act No. 26 of 1947), the Governor is pleased to make th e following rules :

CHAPTER 1 PRELIMINARY

1. Short title and commencement.—(1) These rules may be called the Uttar Pradesh Panchayat Raj (Election of Members, Pradhans and Up-Pradhans) Rules, 1994. ;

(2) These rules shall come into force at once.

2. Definitions.—In this Chapter unless there is anything repugnant in the subject or context— (@) "Act” means the United Provinces Panchayat Raj Act, 1947;

(b) “constituency” means a territorial constituency referred to in clause (a) of sub-section (1) of Section 12 of the Act;

(c) “contesting candidate” means a candidate whose name is included in the list of contesting candidates prepared under Rule 19;

(d) “election” means an election to fill a seatina Gram Panchayat;

(€) “election return” means an election return in a form specified by the State Election Commission;

() “elector” means a member of a constituency entitled to vote;

(®) "Panchayat Inspector” includes an Assistant Development Officer (Panchayat);

U. P. PANCHAYAT RA] ACT, 1947 8 (APPEN 6o 5

(h) “polling return” means a polling return in a form Specifieq by the State Election Commission;

(i) “seat” means the seat allotted to a constituency for election o Gram Panchayat; and () "symbol” means a symbol included in the list prepared undey Rule 12,

CHAPTER II ELECTION OF MEMBERS OF GRAM PANCHAYAT

3. Mukhya Nirvachan Adhikari (Panchayats) and the District Magistrate.—(1) The Mukhya Nirvachan Adhikari (Panchayat) appointed by the State Government, as required by the State Election Commission shall, unde, the superintendence, direction and control of the State Election Commissi(m, perform all the functions relating to the preparation and publication of electoral. roll for, and the conduct of all elections to the Gram Panchayats.

(2) Subject to the supervision and control of the State Election Commission the District Magistrate shall supervise the conduct of elections in the District. 4. Nirvachan Adhikari.—(1) For every Panchayat area, for every election to fill a seat or seats in the Gram Panchayat the District Magistrate, shall appoint a Nirvachan Adhikari (Returning Officer) who shall be an officer of the State Government :

Provided that nothing in this rule shall prevent the District Magistrate from appointing the same person to be the Nirvachan Adhikari for more than one Panchayat area.

election in the manner provided by the Act and these rules,

(3) Without prejudice to the generality of the provisions of sub-rule (2), the State Election Commission may if it so considers expedient by order, direct that such of the powers, duties and functions of the Nirvachan Adhikari under these rules as may be specified by it in general instructions, shall be exercised or discharged by the Matdan Adhyaksh at the polling place, subject to such restrictions and conditions as may be specified in the order.

COMMENT Appointment of Returning ofiicer—Competency of District Magistrate for—Under the above rule it is the District MagislratL{ who would appoint Returning Officer for every election to fjll up seat or seats in the Gram I’anchayat. Only the District Magistrate is competent to appoint Assistant Reluming Officer to perform his functions. Section 4 (3) envisages that Returning Officer shall function under these Rules or general instructions of the State Election Commission and exercise his duties in accordance with be appointed for more than one Panchayat Area.

U. P. PANCHAYAT RAJ (ELE R 10] ] (ELECTION OF MEMBERS, PRAD APPEN: AND UP-PRADHANS) RULES, 1994 e e @ Every Sahayak Nirvachan Adhikari shall, subject to the control of ervachan Adh_lkal"l, be competent to perform all or any of the functions of the Nirvachan Adhikari.

) References in tlu§ Chapter to the Nirvachan Adhikari shall, unless the ontext otherwise requires, be deemed to include a Sahayak Nirvachan .f\ hikari performing any function which he is authorised to perform under this ule.

; 6. Polling places.—The Nirvachan Adhikari shall, with the previous proval of the District Magistrate specify the polling places for each constituency-

7. Matdan Adhyaksh.—(1) The Nirvachan Adhikari shall appoint Matdan Adhyaksh (Presiding Officer) of each polling place and the same person may be appoi“ted Matdan Adhyaksh for more than one polling place.

) The Matdan Adhyaksh shall perform the functions required to be performed by him under this Chapter and it shall be his general duty to keep order at the polling place and to see that the poll is fairly t aken.

() If the Matdan Adhyaksh is obliged to absent himself from the polling place, his functions shall be performed by such Matdan Adhikari as has been previously authorised by the Nirvachan Adbhikari for the purp ose.

(4) References in this Chapter to the Matdan Adhyaksh shall, unless the context otherwise requires, be deemed to include any person performing any function of the Matdan Adhyaksh which he is authorised to perform. under sub-rule (2) or under Rule 8.

8. Matdan Adhikari.—(1) The Nirvachan Adhikari sha ll appoint for each polling place such Matdan Adhikari (Polling Officer) or Adhikari s as he thinks necessary to assist the Matdan Adhyaksh in the performance o f his functions and to do such other things as he is required to do under this Cha pter.

() If a Matdan Adhikari is absent from the polling place, the Matdan Adhyaksh may appoint any person who is present at the polli ng place 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 Mat dan Adhikari during the absence of the former officer and in case of any such appointment he shall inform the Nirvachan Adhikari accordingly.

9 Nirvachan Abhikarta—A candidate at an election may appoint in writing any elector of the Gram Panchayat c oncerned to be his Nirvachan Abhikarta (Election Agent) and notice of such apprin tment shall be given to the Nlrvachan Adhikari.

}0' Matdan Abhikarta.—(1) A contesting candid ate or his Nirvachan Al :}“éfita may appoint one other person from amongst the electors of the Gram Yat to act as Matdan Abhikarta of such candidate at the polling place.

@) The appointment under sub-rule (1) shall be made by a letter in writing, whi the ;};fiha“ be lodged with the Matdan Adhyaksh before the commencement of U, P. PANCHAYAT RA] ACT, 1947 [APPEN, 6—R n 350 .

1 inting and price of nomination papers.——'—The District Magistra, shan[lstbj}::lcltn tt(l)lgmy dirc}Ztion issucld by the State Ele?tlon %?mission, arrap, :

for tl/xe printing and supply of nomm.ahon papers to the c}z\m i ates_. The price of each nomination paper for clection as member, the Pl:adhan and the Up-Pradhan of a Gram Panchayat shall }Je su.t‘h, as may t‘>e fixm'i by the State Election Commission from time to time in consultation with the State Government.] v ’[11-A. Deposits.—(1) A candidate shall not be deemed to be duly nominated for the election as a Member or a Pradhan or a Up-Pradhan of 3 Gram Panchayat unless he deposits or causes to be .deposngd sugh sum as may be fixed by the State Election Commission from time to time in consultation with the State Government as security. For the candidates of the reserved categories such deposit shall be half of the sum fixed for the candidates of unreserved category :

Provided that where a candidate has been nominated by more than one nomination paper for the same election, not more than one deposit shall be required under this sub-rule.

(2) Any sum required to be deposited under sub-rule (1) shall not be deemed to have been deposited under that sub-rule unless at the time of delivery of nomination paper under Rule 15 or Rule 69 the candidate has either deposited or caused to be deposited that sum with the Returning Officer in cash or enclosed with the nomination paper a receipt showing that the sum has been deposited by him or on his behalf in a Government Treasury or in the State Bank of India.]

12. List of symbols.—The State Election Commission shall, by notification specify the symbol that may be chosen by candidates at elections and the restrictions to which their choice shall be subject.

13. Election of members.—Elections under Section 12 of the Act, shall be held in accordance with the provision of this Chapter.

14. Notice of election and fixing of dates.—(1) Whenever a general election is to be held, the District Magistrate shall, in accordance, with the directions from the State Election Commission, call upon all the constituencies of a Gram Panchayat to elect members of the Gram Panchayat before such date as may be fixed by the State Election Commission :

Provided that nothing in this rule shall prevent the District Magistrate from issuing one notice for all the Gram Panchayat or a group of Gram Panchayats in the District.

(2) The District Magistrate shall, subject to such directions as may be issued by the State Election Commission, also appoint— (@) thedate, place and hours for making nominations;

L. Subs. by Noti. No, 1327/XXXHI-1—-2005-31-2002, dated 31st March, 2005, published in U.P: Gazette (Extra.), dated 31st March, 2005,

2. Ins. by Noti. No. 1327/, XXXIII-1-2005-31—2002, dated 31st March, 2005, published in U.P. Gazett¢ (Extra.), dated 31st March, 2005, 7] U. P. PANCHAYAT RAJ (ELEC N.6—R1 ELECTION OF MEMBERS, : APPE AND UP-PRADHANS) RULES, 1994 PRADHANS 351

(b) thedate, time and pl ace forserutiny of nominations; (c) thedate, place and hours for withdrawal of candidature; and (d) the date or dates on which and the | i i shall, if necessary, be taken, rours during which a poll

(3) The Nir;achgn Adsika{i 51(1{'\)ll 8ive public notice of the dates, places and s appointed under sub-rules (1) and (2) in such ma 2 ccifi {:;1:;'1 lgistrict Magistrate. nner as may be specified 4) The Nirvachan Adhikari shall algg specify in the notj B e }(;o)llim; place fixed tinder Rl &, y ¢ notice under sub-rule (3)

15. Presentation of nomination Papers.—(1) A person who desires to be pominated as a c§ndidate at an election shall deliver, either in person or by his roposer to the Nirvachan Adhikari on the date and place and during the hours fixed for the purpose under sub-rule (2) of Rul er ¢ 14, a nomination paper dul completed in the form specified by the State Election ,Commission. Fep Y (2) Where a candidate seeks election to a seat reserved for the Scheduled Tribes, or the Scheduled Castes or the Backward Classes, there shall accompany with the nomination paper a declaration subscribed by him stating that he is a member of the Scheduled Tribes, Scheduled Castes or t ule C he Backward Classes, as the case may be, specifying the particular tribe or caste to which he belongs. (3) Any nomination paper which is not received before the close of the hour appointed in that behalf on the date appointed for filing nomination papers shall be rejected by the Nirvachan Adhikari.

(4) Nothing in these rules shall prevent any candidate from being nominated by more than one nomination pape r for election in the same constituency.

(5) Where no nomination paper is received before the close of the hours fixed in that behalf on the date appointed for filing of nomination papers the Nirvachan Adhikari shall report the fact to the District Magistrate.

16. Notice of nominations.—The Nirvachan A dhikari shall, on receiving the nomination paper under Rule 15, inform the person delivering the same of the date, time and place appointed for scrutiny of nominations and shall enter on the nomination paper with serial number, and shall sign thereon, a certificate stating the dates on which and the hours at which the nomination paper has been delivered to him. He shall also prepare a list of nominations received by him and announce the names of persons so nominated.

17. Scrutiny of nominations.—(1) On the date and at the time and place appointed for the scrutiny of the nominations the Nirvachan Adhikari shall 15 }m‘fiethe nomination papers, not already rejected under sub-rule (3) of Rule in may. b Presence of candidates and their Nirvachan Adhikarta, if any, who Yy be Present after giving them reasonable facilities for examining the irvachan Adhikari may reject any nomination paper on any one or ollowing grounds— that the candidate is not qualified under the Act to be chosen to fill the seat;

u.p. PANCHAYAT R AJ ACT, 1947 [APPEN, o - 35 date is disqualified for being chosen to fij] yp, 4 hat the candi !

@ fmézier Gection 5-A of the Act;

(d) thatthe signature of the ca ndidate or his proposer is not — or has been obtaine d by fraud.

e j ination pa irvachan Adhikari shall not reject any nomi na paper on ¢ The Nirva hnical defect or other error which is not of a Substanfi};

tec ground of any for the purposes of removing any such defect or error aljy, character and may of r any entry to be corrected in the no mination paper.

(3) The Nirvachan Adhikari shall _endor'se on each nqmination pap er, hig decision accepting or rejecting the same and if the nomin ation paper is rejected, shall record in writing a brief statement of his reasons for such rejection.

(4) At the end of the scrutiny the Nirvachan Adhikari shall announce the names of candidates whose nominations he has accepted and shall prepare a ligt showing the names in Hindi alphabetical order with particulars as given in their nomination papers.

(5) Where all nomination papers have been rejected, the Nirvachan Adhikari shall report the fact to the District Magistrate.

18. Withdrawal of candidature—Any candidate may withdraw his candidature by a notice in writing which shall be signed by him and delivered by him personally or through his Nirvachan Abhikarta to the Nirvachan Adhikari on the date and during the hours appointed for withdrawal under Rule 14. Notice once given cannot be withdrawn and shall be final.

19. List of contesting candidates and allotment of symbols.—(1) Immediately after the expiry of the date for withdrawal of candidature appointed under Rule 14, the Nirvachan Adhikari shall prepare a list of contesting candidates in the form specified by the State Election Commission.

(2) The list of contesting candidates shall contain the names in alphabetical order of the contesting candidates as given in their nomination papers. The alphabetical order shall be determined with reference to the proper names of candidates.

(3) The Nirvachan Adhikari shall simultaneously, with the preparation of the list of contesting candidates, allot, subject to any general or special directions issued in this behalf by the State Election Commission allot different symbol to each contesting candidates.

(4) The allotment by the Nirvachan Adhikari of any symbol to a candidate shall be final except where it is inconsistent with any directions issued by the State Election Commission in this behalf in which case the State Election Commission may revise the allotment in such manner as he thinks fit.

(5) Every candidate or his Nirvachan Abhikarta shall forthwith, be informeo} of the sybmol allotted to the candidate and ; : ecimen thereo by the Nirvachan Adhikari. and be supplied with a sp Cat ailure to comply with any of the Provision - ;

AI’PEN' 6—R. 25] U. P. PANCHAYAT RAJ (ELECTION OF MEMBE AND UP-PRADHANS) RULES, toat TADHANS 33 20. UncOflteSt‘;:lf'kel?Cfl°“-_(1) Where on preparing the Jist under Rule 19 the Nirvachan Adhikari finds that there is only one contesting candidate for 4 constituency, he shall forthwith declare such ¢, ' andidate as duly elected. (@) The Nirvachan Adhikari shall ;ePort to the District Magistrate, the names of the candidates declared elected under this rule and the name of seats (whether reserved or unreserved) to which they are elected, and the number of seats of either nature remaining unfilled,

21. Contested election—~Where on preparing a list of g . under Rule 19 the Nirvachan Adhikans paring of contesting candidates B finds that the number of contesting candidate for a constituency exceeds one, he shall forthwith publish the list in

22. l[:. * ¥ l&]

23. Admission to the polling place—(1) The Matdan Adhyaksh shall regulate the admission of electors at the polling place and shall exclude therefrom all other person except— (@) the Matdan Adhikaris;

(b) each candidate, his Nirvachan Abhikarta and his Matdan Abhikarta,

(d) achild inarms accompanying an elector;

(e) the companion of blind or infirm electors who cannot move without help; and

(f) such other person as the Matdan Adhyaksh may from time to time admit for the purpose of assisting him in taking the poll.

(2) The Matdan Adhyaksh shall close the polling place at the hour fixed for the close of polling under sub-rule (2) of Rule 14 and shall not admit thereto any elector after that hour :

Provided that all electors present within the polling station before it is so closed shall be entitled to have their votes recorded.

QI any question arises as to whether any elector shall for the purpose of the proviso ‘to sub-rule (2) be deemed to be present within the polling place before it is closed the question shall be referred for the decision of the Matdan Adhyaksh and his decision shall be final and shall not be questioned in any court or tribuna], k2\4' Procedure for voting.—At every election under this Chapter, the met od of voting by marking the ballot paper shall be followed and no votes Shall be received by proxy.

. 25. Ballot Papers.—(1) Every ballot paper shall be of such form and design, ® M3y be approved by the State Election Commission.

L Rule 25 Gaz Omitted by Noti. No, 1729/XXXIII-1-95, dated 30th March, 1995, published in U‘,P' €tte (Extra.), Part 4, Section (Kha), dated 30th March, 1995.

U. P. PANCHAYAT RA] ACT, 1947 [APPEN. 6—R 2 354 4 , before it is issued to an elector, be stamped wi sucx\%fr:gu‘;;le; };?aprir ;:

Ke State Election Commission may direct.

26. Ballot boxes.—(1) Every balllot box sh'all‘be of such design and coloy; ag may be approved by the State Election Commission.

(2) 1t shall be so constructed ‘that a ballot paper Car'1hbe inserted therejy during the poll but cannot be withdrawn therefrom without the box bEing unlocked or the seals being broken.

(3) Each ballot box or any of its component parts or attachments shall also be marked with such other distinguishing mark or marks as the State Electio, Commission may direct.

27. Notice of polling.—Outside and inside the polling place and the polling booths there shall be displayed prominently— (@) a notice specifying the polling area, the electors of which are to vote at the polling place or the polling booth, as the case may be;

and

(b) a copy of the list of contesting candidates prepared under Rule 19,

28. Arrangements for secrecy of voting.—The polling place shall be furnished with such number of polling compartments in which electors can record their votes screened from observation, as the Nirvachan Adhikari thinks necessary.

29. Ballot paper and other materials to be provided at polling place.—The Nirvachan Adhikari shall provide at the polling place—

(a) as many ballot boxes as may be necessary;

(b) sufficient number of ballot papers and copies of electoral rolls relating to the polling area of the constituency, the electors whereof, are entitled to vote at the polling place; and

30. Preparation of ballot box for the poll.—(1) The Matdan Adhyaksh shall, immediately before the commencement of the poll, allow the contesting candidates and their Abhikartas who may be present at such place to inspect cach ballot box to be used at the poll and demonstrate to them that it is empty.

(2) The ballot box shall then be closed in the presence of the persons aforesaid and where it is necessary to use paper seals for securing the ballot boxes, the Matdan Adhyaksh shall affix his own signatures on the paper scal for cach ballot box and obtain thereon the signature or seals of such candidates or their Abhikartas as may be present and may desire to affix the same.

(3) The Matdan Adhyaksh shall thereafter affix the paper scal so signed or scaled in the space meant therefor in the ballot box and shall then secure and scal cach ballot box in the presence of the candidates or their Abhikartas as may be present in such manner that the slit for the insertion of ballot paper therein remains open.

APPEN. 6—R. 34] U. P. PANCHAYAT RAJ (ELECTION OF MEMBERS, PRADHANS 355 AND UP-PRADHANS) RULES, 1994

(4) Where it is not necessary to use the Matdan Adhykash shall secure the slit for the insertion of ballo candidates or their Abhikartas w their own seals as well.

31. Placing of ballot boxes for receipt of ballot papers.—Every ballot box shall be placed for the receipt of ballot papers in the view of the Matdan Adhyaksh, the contesting candidates and their Abhikartas.

32. Identification of electors.—(1) The Matdan Adhyaksh may employ at the polling place such persons as he thinks fit, to help in the identification of the clectors or to assist him otherwise in taking the poll.

(2) As each elector enters the polling place, the Matdan Adhyaksh or the Matdan Adhikari authorised by him in this behalf shall check the elector’s name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.

(3) Any contesting candidate or his Abhikarta may challenge the identity of a person claiming to be a particular elector and where such challenge is made, the Matdan Adhyaksh shall hold a summary enquiry into the challenge and may for the propose require the challenge to adduce evidence in proof of the challenge and the person challenged to adduce evidences in proof of his identity.

(4) If after such enquiry the Matdan Adhyaksh is of the opinion that the challenge has not been established, he shall allow the person challenged to vote.

(5) In deciding the right of a person to obtain a ballot paper, the Matdan Adhyaksh shall overlook merely clerical or printing errors in an entry in the electoral rolls provided that he is satisfied that the entry relates to such person.

33. Issue of ballot papers to electors.—(1) After the identity of a voter has been established a ballot paper shall be issued to him.

(2) At the time of issuing any ballot paper to an clector, the Matdan Adhyaksh shall record in such manner as the State Election Commission may direct, the serial number thereof against the entry relating to the clector in a copy of the electoral roll set apart for the purpose (hereinafter in these rules referred to as the "marked copy of the clectoral roll").

paper seals for securing the ballot boxes, and seal each ballot box in such manner that t paper remains open and shall allow the ho may be present to affix, if they so desire,

34. Maintenance of secrecy of voting by electors within polling station and voting procedure.—(1) Every elector to whom a ballot paper has been issued under Rule 33 or under any other provision of these rules, shall maintain secrecy of voting within the polling station and for that purpose observe the "voting procedure hereinafter laid down.

(2) The elector on receiving the ballot paper shall forthwith—

(a) proceed to one of the voting compartments;

(b) there make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;

356 U. P. PANCHAYAT RAJ ACT, 1947 [APPEN. 6—R. 35

(d) if required, show to the Matdan Adhyaksh the distinguishing mark on the ballot paper;

(e) insert the folded ballot paper into the ballot box; and

(f) quit the polling place.

(3) Every elector shall vote without undue delay.

(4) No elector shall be allowed to enter a voting compartment when another elector is inside it.

(5) If an elector to whom a ballot paper has been issued, refuses, after warning given by the Matdan Adhyaksh, to observe the procedure as laid down in sub-rule (2), the ballot paper issued to him shall, whether he has recorded his vote thereon or not, be taken back from him by the Matdan Adhyaksh or the Matdan Adhikari under the directions of the Matdan Adhyaksh.

(6) After the ballot paper has been taken, the Matdan Adhyaksh shall record on its back the words "Cancelled : voting procedure violated" and put his signature below these words.

' @) .‘}11 the ballot papers on which the words "Cancelled : voting procedure violated" are recorded, shall be kept in a separate cover which shall bear on its face the words "Ballot papers : voting procedure violated".

(8) Without prejudice to any other penalty to which an elector, from whom a ballot paper has been taken back under sub-rule (5), may be liable, the vote, if any, recorded on such ballot paper shall not be counted.

35. Recording of votes for blind and infirm electors.—(1) If the Matdan Adhyaksh is satisfied that, owing to blindness or other physical infirmity, an elector is unable to recognise the symbols on the ballot paper or to make a mark thereon without assistance, the Matdan Adhyaksh shall permit the elector to take with him a companion of not less than eighteen years of age, to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and if necessary for folding the ballot paper so as to conceal the vote and inserting it into the ballot box :

Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day :

Provided further that before any person is permitted to act as the companion of an elector on any day under this rule, the person shall be required to declare that he will keep secret, the vote recorded by him on be half of the clector and that he has not already acted as the companion of any oth er elector at any polling station on that day.

(2) The Matdan Adhyaksh shall keep a record in the prescri bed form of all cases under this rule.

(3) The Matdan Adhyaksh at polling station shall, when he is so r equested by an elector, explain to him the instructions supplied within the ballot paper for the recording of votes.

A y APPEN. 6—R. 40] U. P. PANCHAYAT RAJ (ELECTION OF MEMBERS, PRADHANS 357 AND UP-PRADHANS) RULES, 1994

36. Returning of ballot papers by an elector.—(1) If an elector decides not to use a ballot paper after he has obtained the same, he shall return it to the Matdan Adhyaksh.

(2) Every such ballot paper shall be marked as "Cancelled : Returned” and kept in a cover set apart for the purpose and the Matdan Adhyaksh shall keep a record of all such ballot papers.

(3) An clector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on returning it to the Matdan Adhyaksh, and on satisfying him of the inadvertence, be given another ballot paper and the ballot paper so returned shall be marked "spoilt and cancelled” by the Matdan Adhyaksh and kept in a separate envelope set apart for the purpose.

37. Matdan Adhyaksh's entry into polling compartment during poll.—

(1) If the Matdan Adhyaksh has reason to suspect that an elector who has entered the polling compartment for unduly long time, he may enter the polling compartment and remain inside the polling compartment, to take such steps as may be necessary to ensure the smooth and prompt progress of the poll.

(2) Whenever the Matdan Adhyaksh enters the polling compartment under this rule, he shall be accompanied by such of the contesting candidates or their Abhikartas as desired to do so.

38. Ballot papers found oultside ballot boxes.—If any ballot paper which has been issued to an elector, has not béen inserted by him into the ballot box, and is found anywhere in or near the polling place, it shall be cancelled and dealt with in the manner laid down in Rule 36.

39. Tendered votes.—(1) If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted as such elector, he shall, on satisfactory answering such questions relating to his identity as the Matdan Adhyaksh may ask, be supplied with a ballot paper which shall be endorsed on the back with the words "tendered ballot papers" by the Matdan Adhyaksh in his own handwriting and signed by him.

(2) Every such person before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in the specified form.

(3) Such persbn shall thereafter, record his vote on the tendered ballot paper as far may be in accordance with the provisions of Rule 34, but shall not insert his ballot paper in the ballot box.

(4) Every such tendered ballot paper shall be handed over to the Matdan Adhyaksh who shall forthwith place it in a cover specially kept for the purpose, such votes shall not be counted by the Nirvachan Adhikari.

40. Sealing of ballot boxes, etc., after poll.—(1) As soon as practicable after the close of the poll the Matdan Adhyaksh, shall close the slit of each ballot box and where the box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any contesting candidate or his’Abhikarta who may be present to seal the same.

U. P. PANCHAYAT RAJ ACT, 1947 358 [APPEN I the ballot boxes shall thereafter be sealed and Secured jp, the 1 (2) All the bz | ified. ' -up i r spmz?; The Matdan Adhyaksh shall then make-up into Separate Packets\ (a) the cover containing the tendered ballot papers;

(b) the cancelled ballot papers;

(¢) the marked copy of the electoral roll;

(d) unused ballot papers; and () any other paper directed by the Nirvachan Aq a sealed packet.

ith the seals of the M 4) Each such packet shall be seale_d wit . : atdan 4 as al(sg of such of the contesting candidates or their Abhikarta as may gg’,’aksh affix their seal thereon. ire 1y

41. Account of ballot papers.—The Matdan Adhyaksh sha]| the poll prepare a ballot paper account in the specified form.

42. Transmission of ballot boxes, etc., to the Nirvachan Adhikag soon as may be after the ballot boxes and packets have been —As accordance with Rule 40 the Matdan Adhyaksh shall deliver of cause to l;n delivered to the Nirvachan Adhikari at such place as the Nirvachan Adhika,? may direct— (@) the ballot boxes;

(b) the packets referred to in Rule 40;

(d) all other papers used at the poll.

43. Transport of ballot boxes and packets and their custody.—The Nirvachan Adhikari shall make adequate arrangements for the sale, transport of all ballot boxes, packets and other papers referred to in Rule 42 ang for their safe custody until the commencement of the counting of votes.

hikarj 4, be kept ;L s at the ClOSe of proceedings at the polling place are interrupted or obstructed by any riot or

(2) Whenever a poll s adjourned under sub-rule (1) the Nirvachan Adhikari shall immediately report the circumstances to the District Magistrate and shall ?s shon as may be, with his previoyg approval, appoint a day for the taking of resh poll and’fix the Place at which and the hours during which a fresh poll shall be taken anq notify th, i ified by the District Magistrate. fy ¢ same in such frianner as may. be specxfle Y (3) In ever : fresh poll ardine Y such case as aforesaid the Matdan Adhyaksh shall take a he provisions of ¢h; i ion to fresh poll 8 they apply to the original oy © P! *hall apply in relation to APPEN. 6—R. 48] U. P. PANCHAYAT RA] (ELECTION OF MEMBERS, PRADHANS 359 AND UP-PRADHANS) RULES, 1994

45. Fresh poll in case of destruction, etc., of ballot boxes.—(1) If at any election any ballot box is unlawfully taken out of the custody of the Nirvachan Adhikari or of any Matdan Adhyaksh, or is in any way tampered with, or is either accidentally or intentionally destroyed or lost, the polling at the election in respect of the polling place to which such ballot box relates shall be void. '

(2) Whenever the polling has become void under sub-rule (1), the Nirvachan Adhikari shall as soon as practicable after the act or event causing such violence has come to his knowledge, report the matter to the District Magistrate and shall with his previous approval, appoint a day for the taking of a fresh poll and fix the place at which and hours during which the poll shall be taken and notify the same in such manner as may be specified by the District Magistrate.

(3) In every such case as aforesaid the Matdan Adhyaksh shall take a fresh poll and the provisions of this Chapter shall apply to every such fresh poll as they apply to the original poll. )

46. Appointment of time, place and date for the counting.—(1) The Nirvachan Adhikari shall appoint a date for the counting of votes which shall be as soon as practicable after the completion of the poll and shall fix the place and time at which the votes shall be counted.

(2) The Nirvachan Adhikari shall give notice of such date, time and place to the contesting candidates or their Nirvachan Abhikartas.

(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 Nirvachan Adhikari 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 and give notice thereof to the contesting candidates or their Nirvachan Abbhikartas.

47. Ganana Abhikarta—(1) A contesting candidate or his Nirvachan Abhikarta may appoint one person to be present as his Ganana Abhikarta (Counting Agent) at the counting of votes.

(2) Every such appointment shall be made in writing before the commencement of the counting.

(3) No Ganana Abhikarta shall be admitted into the place fixed for counting unless he has delivered to the Nirvachan Adhikari the letter of his appointment under sub-rule (2).

48. Persons who may be present at the counting.—(1) The Nirvachan Adhikari shall not allow any person to be present at the counting of votes except such persons as he may appoint to assist him in counting and every contesting candidate, his Nirvachan Abhikarta and his Ganana Abhikarta.

‘ (2) No person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election shall be appointed to assist the Nirvachan Adhikari in counting the votes.

(3) Any person who during the counting of votes, misconducts himself or fails to obey the lawful directions of Nirvachan Adhikari, may be removed from the place where the votes are being counted by the Nirvachan Adhikari or by any police officer on duty or by any person authorised in this behalf by the Nirvachan Adhikari.

Ll B 3 ey e b [APPEN_ 360 SYNOPSIS

2. Recounting of Votes—_ s for. \D"é‘clio». ;

8ivg, i e li‘"i as pcr lo oppo ity to raise {lb/cc 4 s &—A:{::?’l’l“{/ Prescribed Authority rul Cl irreqular. . " oz .

held ms,,,,mnrf“/ to raise objection as per rule -Action of Preg 1. No 0] : .—In recounting, no Proper opportunity v, affo, "ibey oty e e an rregular step in the maiter of recounel the parties Kl)i (;}09}’4 7. Thus, these are matefxal 1rregula1.'1t1es and illeg ali g is vinlat‘im\ ;0’ sl:ed jurisdiction by the Prescribed Authority. [Guthml,‘ (Sm:}; in ;‘;\(z“isiffi(f)im:’fl District Judge, 1999 (90) RD 567 at 571, 572 : 1999 4) AWC 29’86": nd A . 1999 (2) ALR 489]. p " . votes—Direction given for—There were iUegalme 1;;9;1‘11;2‘;2’:;21fi1e"£r0ce55 adopted for recqunting by the authority, 1 j: i apparent that on the same date the xjecountmg was made and the order passed. The irregularities are material and cannot be overlooked. [Guthra[j (Smt.) v. IInd Additional District Judge, 1999 (90) RD 567 at 571, 572 . 1999 @ AWC 2986 : 1999 (2) ALR 489].

49. Procedure at the counting.—On the date and at the time and place -appointed under Rule 46 the Nirvachan Adhikari shall proceed as follows :

(@) The Nirvachan Adhikari shall satisfy himself that all the ballot boxes used at the poll and which are to be counted at that place have been received and accounted for.

(b) The Nirvachan Adhikari shall then allow the candidates and their Nirvachan Abhikartas and Ganana Abhikartas present at the counting an opportunity to inspect the ballot boxes and the seals for satisfying themselves that they are in order.

(¢) The Nirvachan Adhikari shall also satisfy himself that none of the

(d) If the Nirvachan Adhikari is satisfied that all such ballot boxes are, as to be counted, at such Place, have been received and are in order, he shall take up the counting of ballot papers contained in the ballot boxeg, All the ballot boxes used at polling place shall be opened, and the counting of the ballot papers found in those 0Xes proceeded with, in accordance with the instructions in the State Election Commission, at the same time.

© An account of the ballot Papers found in the boxes of the polling na Place shall pe recorded in a statement in the form specified by the State Election Commisgion, APPEN. 6—R. 49—SYN. 2] U. P. PANCHAYAT PRADHANS AND (® The Nirvachan Adhikari shall allow the candidates, their Nirvachan Abhikartas and Ganana Abhikartas, who may be Present, reasonable Opportunity to inspect all ballot papers which in the opinion of the Nirvachan Adbhikari are liable to be rejected, b\.}t shall not allow them to handle these or any other paper. The Nirvachan Adhikari shall, on every ballot paper which is rejected, endorse rejection in Hindi in Devanagri script. If any candidate or his Nirvachan Abhikarta questions the correctness of the rejection of any ballot paper, the Nirvachan Adhikari shall also record briefly on such ballot paper, the reasons for his rejection.

RAJ (ELECTION OF MEMBERS, 361 UP-PRADHANS) RULES, 1994

(g) After the counting of all ballot papers contained in the ballot boxes of the polling place has been completed, the Nirvachan Adhikari shall cause all such ballot papers to be kept in a separate packet on which shall be indicated such particulars as will identify the polling place, the name of the Gram Panchayat and the constituency to which the ballot papers relate.

SYNOPSIS '

1. Recounting of votes when counting 3. Election Procedure and counting of Supervisor's signature was not affixed. ballot papers.

2. Procedure for counting of Ballot papers.

1. Recounting of votes when counting supervisor’s signature were not affixed—The instructions envisaged that in case a person affixes more than one mark of seal against the name/sample of a candidate, said vote cannot be declared invalid. The Revisional Authority considered the matter in entirety and has recorded a finding that from the original record, it was apparent that counting supervisor's signatures were not affixed thereon, which constituted breach of the rules. The order was rightly passed for recounting by the Revisional Authority and the order passed by the Prescribed Authority suffered from illegality prevailing the process of Election and Revisional Court rightly passed the order of directing recounting of votes. [Ashok v. Additional District Judge, Varanasi, 2004 (96) RD 482 at 486, 487 (All)].

2. Procedure for counting of ballot papers—Rules 49 and 49(d) are very germane which envisage that "if Nirvachan Adbhikari is salisfied that all such ballot boxes have been received and are in order he shall take up counting of ballot papers contained in the ballot boxes. All the ballot boxes shall be opened and the counting of the ballot papers founding those boxes proceeded with in accordance with the instruction in the State Election Commission at the same lime.

Under Rules 4 and 5 of the U.P. Panchayat Raj (Election of Members, Pradhans and Up-Pradhans) Rules, 1994, it is the District Magistrate who would appoint Returning Officer for every election to fill up secat or seats in the Gram Panchayat. If there was blatant violations of the above Rules then the order was rightly passed for recounting by the Revisional Authority.

U. P. PANCHAYAT RAJ ACT, 1947 [APpEy ) O, 50 the consensus of judicial opinions was; favour- of the View tha To sum Upe h bore more than one mark of seal against a candidate, could o, t votes polled whic lid or cancelled. As a result of foregoing discussion in the insty, el been declared ;‘nvff;rm view that order was rightly passed by the Revisiona Auth Court was if,;nflaw for recounting of votes. [Ashok v. Additional Distric Judge, 362 Nt cag, Vority in ance Arangg; Zfir&) RD 482 at 486 10 489 (AID)]. . : p

3. Election procedure and com.m'ng of ballot l’mp-fls._l:'-llls the District Magi“‘ll’ale who would appoint Returning Officer for every el 'ecu(:in 13 i l{p §gat o seats jp the Gram Panchayat. From a perusal o.f Rulelenu'nmale a vae, it is clear thy Sy Retumning Officer or Assistant Relurnlpg Officer is appointed for an area, Indisputab] one Returning Officer could be appointed for more than one P‘?nchayat Area, |¢ ha;

come in the evidence and it was also borne out from the finding of the Prescrj Authority that Assistant Returning Officer appointed for the Panchayat Area thoy present did not seem to work as another person who was not appointed for that Panchayat Area was allowed to perform duties of Assistant Returning Officer of thyt Panchayat Area. This detracts from the provisions of the rules and has 10 be read 4 blatant violation of the Rules. There was no evidence on record to show that different . mark of seal were affixed against different candidates and according to instructions of the Election Commission, even if ballot paper contained more than one mark of seals against the name/symbol of a candidate, that ballot cannot be declared or treated a5 invalid and consequently cannot be cancelled. The argument of the Counsel for the petitioner, that it amounts to fishing and roving enquiry in the garb of election petition, did not appeal to Court having regard to the fact that in view of specific pleading and categorical evidence forthcoming record adduced by the partics, illegality is too patent which was fraught with the consequence of materially affecting the result. The order was rightly passed for recounting by the Revisional Authority and the order passed by the Prescribed Authority suffers from illegality pervading the process of election and Revisional Court rightly passed the order directing recounting of votes. [Ashok v. Additional District Judge, Varanasi, 2004 (96) RD 482 at 486 (All)).

50. Grounds for rejection of ballot papers.—(1) The Nirvachan Adhikari shall reject a ballot paper—

(a) if bears any mark or writing by which an elector can be identified; or

(b) if is a spurious ballot paper; or (©) if has been so damaged or mutilated that its identity as genuinc ballot paper cannot be established; or

(d) if bears a serial number or a design different from the serial number or design, as the case may be, of the ballot papers authorised for use at the particular polling place; or (€) if votes are given on it in favour of more candidates than tht number of seats required to be filled in a constituency; or

(f) if no vote s recorded thereon, U. P. PANCHAYAT RA]J (ELECTIO PEN.6—R. 54] ION OF MEMBERS, PRADHANS AND UP-PRADHANS) RULES, 1994 368

(2) A vote recorded on a ballot paper shall be rejected, the vote is placed on the ballot paper in such manner which candidate the vote has been given :

Provided that a ballot paper shall not be rej the mark indicating the vote is indistinct or made more than once against the rame of 2 par?iculal‘ candidate, if the intention that the vote shall be for a pamcular candidate clearly appears from the way the paper is marked.

(3) The decision of the Nirvachan Adhikari a paper or of a vote given on any such ballot paper s to any decision to the contrary given on the trial o question the election.

AP if the mark indicating as to make it doubtful to ected merely on the ground that s to the validity of a ballot hall be final subject, however, f an election petition calling in

51. Verification of accounts submitted by the Matdan Adhyaksh.—The Nirvachan Adhikari shall not open the sealed packets of the tendered ballot papers or the marked copy of the electoral roll. He shall verify the statement submitted by the Matdan Adhyaksh under Rule 41, by comparing it with the numbers of counted votes and rejected ballot papers, the unused or spoilt ballot papers in his possession and the tendered votes list. He shall then re-close and re-seal each packet which has been opened by him and shall record on each packet a description of its contents the name of the Gram Panchayat, description of the constituency and the date of the election to which it refers.

52. Election return by the Nirvachan Adhikari.—The Nirvachan Adhikari shall then prepare and certify an election return in the specified form setting forth—

(a) the names of candidates for whom valid votes have been given;

(b) the number of valid votes given for each candidate;

(d) the number of rejected ballot papers;

(e) the number of tendered ballot papers; and

(f) the name of the candidate elected.

He shall then also permit any contesting candidate or his Nirvachan Abhikarta or Ganana Abhikarta to take a copy of or an extract from such return.

53. Declaration of result—The Nirvachan Adhikari shall declare the candidates securing the highest number of votes in their respective constituencies to be duly elected.

54. Equality of votes.—If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of those candidates to be declared elected, the Nirvachan Adhikari shall forthwith decide between those candidates by lot and Proceed as if the candidate on whom the lot falls had an additional vote.

COMMENT Words ‘lot' and 'toss’—No noticeable difference between.—Declaration by toss would have no doubt materially affected the result of the election if there had been an equality of votes between three or more candidates. [Shanti Devi (Smt.) v. Addl. District and Sessions Judge, 1998 (89) RD 787 : 1998 ALJ 2427].

, 194 U. P. PANCHAYAT RA] ACT, 1947 (Appgy, 364 .

.—As soon as may be after the result of . 55. Rlepg;t (:lf];'eys\;xl":/acl’lan Adhikari shall report the result 72 ?llnemon by been ?fact:r an:j shall also inform the Secretary of the Qram Panchaya trig I\DAi:%rxisct Magistrate shall report the reuslt to the State Election CommiSSion 4 Thq !(56. Custody of the retur.n and of the.kba.llitmll)apers and othg, p'a relating to election—(1) The Nirvachan Adhikari shall after reportip, the . Qpe,s of the election under Rule 55 forward ‘the return to the Assistan; DistSl'u[ Election Officer (Panchayat and Local Bodies) for safe custody. ey e Nirvachan Adhikari shall also forward to the Assistang [y, Eled(;zgnTgffic er (Panchayat and Local Bodies) for safe custody the Paflkgzm ballot papers and all other papers relating to the election.] of '[57. Production and inspection of election Papers.—(1) While inty custody of the Assistant District Election Officer (Panchayat and Locy] By e the packet of ballot papers, whether valid, rejected or tendered ang the Markyy copy of the electoral roll shall not be opened and their contentg shall no; 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 Petitio The inspection when ordered shall be subject to the payment of g fee at the rat, of rupees two per day on which the inspection is done.

(2) All other papers relating to the election shall be opened to pypy;; inspection subject to such condition, if any, as the State Government my Odie)

(4) Copy of such papers as are allowed to be inspected under sub-rule (2) shall be given to any person applying for the same on payment of a fee at the Application for copies of papers may be preferred on plain paper and no judicial stamps need be affixed.

(5) Certified copy of any paper referred to in sub-rule (4) shall be attested by the Assistant District Election Officer (Panchayat and Local Bodies) concerned and will be issued from his Office.]

58. Constitution of Gram Panchayat.—(l) As s00n as at least two-thirds of the seats of members of Gram Panchayat and the office of the Pradhan have been filled up, the District Magistrate shall notify that the Gram Panchayat has been duly constituted.

(2) The notification under sub-rule (1) shall contain the names of the members and of the Pradhan, It shall be published by affixing a copy thereof at

1. Subs. by Noti. No, 1265/XXXI1I-1-99-343-98, dated 18t February, 2000, published in UP- Gazette (Extra.), Part 4, Section (Kha), dated 18th February, 2000 U. P. PANCHAYAT RAJ (ELECTION OF MEMBERS, PR 63 , PRADHANS 3 appEN.CF J AND UP-PRADHANS) RULES, 1994 % sice of the Assistant Development Officer (Panchayat). A copy shall also be the Oto the Secretary of the Gram Panchayat concerned. !

senf59 Bye-election.—-Wherc. any vacancy occurs by reason of death, . né;fion, removal or the voidance of election of any member of the Gram fes’gha at or the appointment of any member of Gram Panchayat as Panch of I’afl;\I aya Panchayat under Section 43 of the Act, the District Magistrate shall ‘hel 3 )’on the constituency concerned, to elect a member for the Gram Panchayat cé;orgsuch date as may be fixed by him and shall also appoint the date, time b d place of various stages of bye-election in accordance with the provisions of Rule 14 and the provisions of this Chgptcr shall, as far as may be, apply, in elation to the election of a member to fill such vacancy.

! 0. Election to unfille§l seats.—(1) On receipt of report of any seat remaining unfilled, the District Magistrate shall, as soon as may be, call upon the constituency concerned Fo glect a member in accordance with the direction of the State Election Commission for the Gram Panchayat before such date as may be fixed by him and shall also appoint a fresh date, time and place for each item mentioned in sub-rule (2) of Rule 14 and the provisions of this Chapter shall, as far as may be, apply in relation to the election of a member to fill such vacancy-

(2) If again the constituency fails to elect a member at the election held under sub-rule (1), the District Magistrate shall report the fact to the State Election Commission.

61. Penalties.—Any person who—

(a) alters or tampers with the electoral roll or its copy or other documents in contravention of the rules; or

(b) obstructs or in any way interferes with any officer or servant appointed or employed for the purposes of these rules in performance of his duties; or

(c) defaces, injures, disturbs or removes any copy, notice or other documents affixed or otherwise published under these rules in any public office or elsewhere;

shall be punishable with fine which may extend to five hundred rupees.

62. Disposal of election papers.—(1) The election return and the report mentioned in Rule 52 and Rule 55 respectively shall be retained until the termination of the next general election to the office to which they related and shall thereafter be destroyed subject to any direction to the contrary given by the State Election Commission or by a competent court or by an authority hearing an election petition.

(2) All other papers relating to the election shall be retained for a period of one year and shall thereafter be destroyed subject to any direction to the ‘ontrary given by the State Election Commission or by a competent court or by anauthority hearing an election petition.

CHAPTER III ELECTION OF PRADHAN AND UP-PRADHAN e InFerpretatiOflS~_(1) In this Chapter, unless there is anything repugnant Inthe subject or context,— u.Pp. pANCHAYAT RAJ ACT, 1947 366 s didate wh . : ans a candi 0Se name i ; i " ine candidate” means is ing . Cpt;::fi: t% ¢ contesting candidates prepared under Ryje 71, Tugey ‘v:

m[ec”onu means an election for the office of the py, i : :

" .

Gram Panchayat. e purposes of these rules, a person who is unable to vy, Perwise expressly provided in these rules, be deemeq haid Ve | ther paper if— a thumb-mark on such instrument or other Paper;

in () @) For the shall, unless ot signed an instrument or 0

(a) hehas placcd a the presence of the Nirvachan Adhikari or the Matdan Adh}'akshand o :

() such Adhikari or Adhayksh on being satisfied as to his identity has attested the mark as being the thumb-mark of that persep,

(3) The provisions of Rule 2 of Chapter II except clauses (b), (©), (B and (j) o¢ sub-rule (1) thereof, shall, mutatis mutandis apply to the elections under and interpretation of the provisions of this Chapter.

64. Application of certain provisions.—The provisions of Rules 3, 4, 5,4 ;

8,9 and 10 of Chapter II shall, mutatis mutandis apply to the elections under this’ Chapter :

Provided that the Nirvachan Adhikari or Sahayak Nirvachan Adhikar appointed under Rules 4 and 5 shall respectively be the Nirvachan Adhikari and the Sahayak Nirvachan Adhikari for the election of Pradhan of the Gram Panchayat and it shall not be necessary to make any separate appointment :

Provided further that any reference in the said provisions to a constituency shall be construed as reference to a Panchayat area :

Provided also that the Nirvachan Adhikari may provide such number of polling booths at the polling place as may appear to him necessary for the convenience of polling.

65. General election of Pradhans.—The general election to the office of the Pradhan of a Gram Panchayat shall be held in accordance with the provisions of this Chapter.

66. List of symbols.—The State Election Commission shall specify symbols to be used at the elections.

'[67. Printing and supply of nomination paper—The District Magistrate shall, subject to any direction issued by the State Election Commission, arrange for the printing and supply of nomination papers to the candidates. The price of EaCh nomination paper sh;ll !?e such, as may be fixed by the State Election ommission from time to time in consultation with the State Government.]

§8. Nofices of election and fixing of dates.—(1) Whenever a general election is to be held to constitute a new Gram Panchayat, the District Magistrate shall, under directions from the State Election Commission simultaneously call upon the territorial constituencies of that Gram Panchayat t0

1. Subs, by Noti. No. 1327/XXXI111-1-2005-31- ished in UP- Gazette (Extra.), dated 31st March, 2005, 312002, dated 31st March, 2005, publis !

U. P. PANCHAYAT RA (EL N 6—R 71] J (ELECTION OF MEMBERS, pj APP] AND UP~PRADHANS) RULES, 1994 SN 367 e pradhan before such date ag m;

éomfmsswn : . provided tbat nothing in the rule sha]l Prevent the District Magistrate f, {ssuing one notice for all the Gram Panchayats or 5 group of Gran% I’anciar(:lrtr; in the District.

(2) The provisions of sut_)—rules (2 to (4) of Rule 14 of Ch a5 far as may be, to the elections under this Chapter : e pED" provided that any reference in the said withdrawal, shall be construed as to withdrawal,

69. Presentation of nomination papers.—(1) A member person who desires to be nominated as a candidate at an election, shall deliver cither in person or by his Nirvachan Abhikarta to the Nirvachan Adhikari on the date and the place and during the hours fixed under Rule 68 a nomination paper duly completed in the specified form.

(2) Nothing in thesg rules shall prevent any candidate from being nominated by more than one nomination paper for the same election.

(3) Any nomination paper which is not received before the close of the hour fixed in that behalf on the date appointed for filing nomination paper, shall be rejected by the Nirvachan Adhikari. .

(4) Where no nomination paper is received before the close of the hour fixed in that behalf on the date appointed for filing of nomination papers, the Nirvachan Adhikari shall report the fact to the District Magistrate.

70. Notice and scrutiny of nominations and withdrawal of candidature.— The provisions of Rules 16, 17 and 18 of Chapter II shall, as far as may be, apply to elections under this Chapter.

71. List of contesting candidates and allotment of symbols.—(1) Immediately after the expiry of the date for withdrawal of candidature the Nirvachan Adhikari shall prepare a list of contesting candidates in the specified form.

(2) The Nirvachan Adhikari shall, simultaneously with the preparation of the list of contesting candidates, allot subject to any general or special direction issued in this behalf by State Election Commission, a different symbol to each contesting candidate.

(3) The allotment by the Nirvachan Adhikari of any symbol to a candidate shall be fina] except where it is inconsistent with any directions issued by the State Election Commission in this behalf in which case the State Election Commission may revise the allotment in such manner as he thinks fit.

(4) Every candidate or his Nirvachan Abhikarta shall forthwith, be informed of symbol ailotted to the candidate and be supplied with a specimen thereof by the Nirvachan Adbhikari.

(5) The list of cont esting candidates shall contain the names in alphabetical order of the contesting candidates as given in their nomination papers. The alphabetical order shall be determined with reference to the proper names of candidateg, ay be fixed by the State Election provision to the preliminary NCHAYAT RA] ACT, 1947 Thes 368 U.P.PA e ok :

. . Its in certain cases.—(1) Wher'e on preparip ox Ded;ll‘a:lh:nNoifrZsc‘;lan Adhikari finds that there is onfy gg 8 th unde_r Rule hall forthwith declare him to be duly elected, and shj cla]m ?Dliatl;ecth I?/IZgistrate the name of the candidate declared electeq_ the Di

(2) If all candidates have withdrawn, the Nirvachan Adhikarj shal] réport the fact to the District Ma’gistrate.h e ) elections.—Where on prepar; . inder Rule 7, Nir\?:x;hgr?r:\tceifii?ari finds that the qumber of contesting candidateg eXceeds OTQ ) he shall forthwith publish the list in such manner as may be specifieg by 1t District Magistrate and shall also ‘dec]arc that poll shall be taken on the date and - place and during the hours fixed in that behalf.

74. Death of.contesting candidate before ppll.—-lf a candidate who has been duly nominated and has not withdrawn, dies and report of hig death i received by the Nirvachan Adhikari before the commencement of the poll, the Nirvachan Adhikari shall, upon being satisfied of the death of the candidate, countermand the poll and all proceedings with reference to the election shay be commenced anew in all respects as if for a new election :

Provided that no further nomination shall be necessary in the case of 4 candidate whose nomination was valid at the time of the counterma.nding of the poll :

Provided further that no person who has given notice of withdrawal of his candidature under Rule 70 before the countermanding of the poll shall pe eligible for being nominated for the election after such countermanding. 75. Retirement.—(1) Where all the contesting candidates except one, desire to retire from the contest at the election, they may make a joint application to that effect as hereinafter provided.

(2) The application under sub-rule (1) shall be delivered by such contesting candidates either personally or through their Nirvachan Abhikartas to— (a) the Nirvachan Adhikari not less than three days before the date appointed for polling; or

(b) the Matdan Adhyaksh on the date appointed for polling but before the hour of commencement of poll. (3) On the receipt of the application the Matdan Adhyaksh shall not proceed with the poll and shall forward the application to the Nirvachan Adhikari.

(@) the Matdan Adhikari;

(b) each candidate, his Nirvachan Abhikarta and his Matdan Abbhikarta;

(¢) the police officer and other pubiic servants on duty;

TION OF MEMBER, p, UPPRADHANS) RULES, 7655 " APHANS 369 without help; and - electors who cannot move () such other persons a5 ¢ time, admit for the purp

(2) The Matdan Adhyaksh sha the close of polling under sub-ruje () of elector after that hour :

he Matdan Adhyaksh may, from time to im in taking the poll.

Provided that all electors present within the pollj i :

ng stat it i closed, shall be entitled to have theijr votes recorde};. § ston before it is <o (3) If any question arises as to whether an court or tribunal.

77. Procedure of voting.—At every election hel, method of voting by marking the ballot paper shall shall be received by proxy.

78. Ballot papers.—Every ballot paper shall be of such form and of such design as the State Election Commission may direct.

79. Ballot boxes.—(1) Every ballot box shall be of such design and colour as may be approved by the State Election Commission,

(2) It shall be so constructed that a ballot paper can be inserted therein during the poll only but cannot be withdrawn therefrom without the box being unlocked or the seals being broken.

80. Notices at polling place.—Outside and inside the polling place and the polling booths, if any, there shall be displayed prominently— (@) a notice specifying the polling area the electors of which are to vote at the polling place or the polling booth as the case may be;

and d under this Chapter, the be followed and no votes

(b) a copy of the list of contesting candidates prepared under Rule 71.

81. Arrangement for secrecy of voting.—The polling 'place shall be furnished with such number of polling compartments in which electors can record their votes screened from observations as the Nirvachan Adhikari thinks Necessary.

82 Ballot papers and other materials to be provided at a polling place.— The Nirvachan Adhikari shall provide at the polling place— (@) as many ballot boxes as may be necessary;

() sufficient number of ballot papers and copies of tfhe ele‘cttoi?ic{(:g in respect of the polling area the electors whereof are enf vote at the polling place; and ACT, 1947 U, p. PANCHAYAT RA] [APPEy. 64 rerials sufficient for the purpose of enabling electorg t0 my, ate!

() ?}:e ballot papers: The M k for the poll.—(1) The Matdan Adhy,, of ballot box ommen .

ho may present at such place to inspecy : ikartas W s d their Abhika L and demonstrate to them that it is empty, d at the po omponent parts or attachments, sha]] of its ¢ allot box, or A1) hing mark or marks as the State Elec?ij(fo . n (2) Bach b other distinguis!

be marked with S\;(.ih .

Commission may irect.

o 3) Where it is necessary to use paper seals for securing the ballot boxis S Adhyaksh shall affix his own signature on a paper Seall fof Sy o e Matdan Y tures or seals of such candidates or by . and obtain thereon the signa ! A l.:\(::hiil;rtas as may be present and may desire affix the same.

(4) The Matdan Adhyaksh shall thereafter affix the paper Se%l 50 signed oy sealed in the space meant therefor in the ballot box and shall then secure and seal each ballot box in their presence in such manner that the slit for tp, insertion of ballot paper therein remains open. :

(5) Where it is not necessary to use paper seals for secur.ing the ballot boxes, the Matdan Adhyaksh shall secure and seal each ballot box in such manner that the slit for the insertion of ballot papers remain open and shall allow the candidates or their Abhikartas who may be present to affix, if they so desire, their own seals as well.

(6) The seals used for securing a ballot box shall be affixed in such manner that it shall not be possible to open the box without breaking them.

84. Placing of ballot boxes for receipt of ballot papers.—Every ballot box shall be placed for the receipt of ballot papers in the view of the Matdan Adhyaksh, the contesting candidates and their Abhikartas.

85. Identification of elector.—(1) The Matdan Adhyaksh may employ at the polling place such persons as he thinks fit to help in the identification of the electors or to assist him otherwise in taking the poll.

(2) As each elector enters the polling place the Matdan Adhyaksh or the Matdan Adhikari authorised by him in this behalf shall check the elector's name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of electors.

(3) Any contesting candidate or his Abhikarta may challenge the identity of a person claiming to be a particular elector and where such challenge is made, the Matdan Adhyaksh shall hold a summary enquiry into the challenge and may for that purpose require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity

(4) If after such enquiry the Matdan i . Adhyaksh is of the opinion that the challenge has not been established, he shall alloZv t}?e ;;zrzont c;aggnnéed to vote:

(5) In deciding the right of a pe i person to obtain a ballot , the Matdan Adhyaksh shall overlook merely clerical or printing erroors [i)xa\p:xl; entry in I Y | “83. 1 cement of the poll, allow the coshsl}al g €ach | R 87] U. P. PANCHAYAT RAJ (ELE APPEN. 6 J (ELECTION OF MEMBERS, PRADH, AND UP-PRADHANS) RULES, 1994 W o F electoral roll, provided that he is satisfieq that such person is i i i elector 0 whom such entry relates. F ¢ identical with the

(2) The elector on receiving the ballot paper shall forthwith—

(a) proceed to one of the voting compartments;

(b) there make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;

(d) if required, show to the Matdan Adhyaskh the distinguishing mark on the ballot paper;

(¢) insert the folded ballot paper into the ballot box; and () quit the polling place.

(3) Every elector shall vote without undue delay.

(4) No elector shall be allowed to enter a voting compartment when another elector is inside it.

(5) If an elector to whom a ballot paper has been issued, refuses, after warning given by the Matdan Adhyaksh to observe the procedure as laid down in sub-rule (2), the ballot paper issued to him shall, whether he has recorded his vote thereon or not, be taken back from him by the Matdan Adhyaksh or the Matdan Adhikari under the directions of the Matdan Adhyaksh.

(6) After the ballot paper has been taken back, the Matdan Adhyaksh shall record on its back the words "Cancelled : voting procedure violated" and put his signature below these words.

(7) All the ballot papers on which the words "Cancelled : voting procedure violated" are recorded, shall be kept in a separate cover which shall bear on its face the words "Cancelled Ballot Papers : voting procedure violated".

(8) Without prejudice to any other penalty to which an elector, from whom a ballot paper has been taken back under sub-rule (5) may be liable, the vote, if any, recorded on such ballot paper shall not be counted.

87. Issue of ballot papers to electors.—(1) After the identity of a voter has been established a ballot paper shall be issued to him.

(2) Every ballot paper may, before issue to an elector, be stamped with such distinguished mark as the State Election Commission may direct.

(3) At the time of issuing any ballot paper to an elector, the Matdan Adhyaksh shall record, in such manner as the State Election Commission may direct, the serial number thereof against the entry relating to the elector in a AT RA] ACT, 1947 U, P. PANCHAYAT RA] {Arpy " h 0se herej . et apart for the purp reinafiey ;

copy of the o 121(11 sOPyzf the electoral roll". In thege .

“the mar: b referred to as —(1) The elector on receiving the ballot pa er, g \ling compartments and there make 5 mar Orthy, proceed to 01:1‘30;’: ?]Tez‘))'mb%l of the candidate for_ whom he inte[l:dos o th paper on or‘ vith such directions as the State Election Commissi()n y Yoty i acp()rdfnlcfcmd fold it so as to conceal his vote, and afte'r showin, 0 the Issyg in this bvc\l::h s distinguishing mark on the ballot paper, insert the ballot P o the ballot box in the presence of the Matdan Adhyaksh, Pergy i due delay and shall g: Every elector shall vote without ung ' Quit the .

placgza)xs 5‘001)1 as he has inserted his ballot paper into the ballot box. Polhng

(3) No electgr shall be allowed to enter a polling compartment When anoghg elector is inside it.

89. Instructions for recording of votes to be explained by the Matq Adhyaksh when requested.—The Matdan Adl.'lyak.sh shall, when pe s an requested by an elector, explain to him the directions issued by e State Election Commission for the recording of votes.

90. Recording of votes of blind and infirm electors.—(l) If the Matdan Adhyaksh is satisfied that owing to blindness or other physical infirrmfy = elector is unable to recognise the symbols on the ballot Paper or to make 5 thereon without assistance, the Matdan Adhyaksh shall permit the elector o take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on the ballot paper on his behalf and i accordance with his wishes, and if necessary, for folding the ballot Paper so as to conceal the vote and inserting it into the ballot box :

88. Voling.

Provided that no person shall be permitted to act as the companion of more than one electoral at any polling station on the same day :

Provided further that before any person is permitted to act as the to declare that he will keep secret the vote recorded by him on behalf of the at any polling station that day.

(2) The Matdan Adhyaksh shall keep a record of all cases under this rule. (3) The Matdan Adhyaksh at polling station shall, when he is so requested by an elector, explain to him the instructions supplied with the ballot paper for the recording of vote.

- Return of ballot Paper by an elector.—(1) If an elector decides ot to 91 use a ballot paper after he has obtained the same, he shall return it to the Matdan Adhyaksh.

() Every such ballot Paper shall be marked as cancelled and kept ina cover set apart for the purpose and the Matdan Adhyaksh shall keep a record of all such ballot papers.

92. Matdan Adhyaksh's entry into polling compartment during P"”‘; (1) If the Matdan Adhyaksh hag reason to suspect that an elector who APPEN. 6—R. 95] U. P. PANCHAYAT RAJ (ELECTION OF MEMBERS, PRADHANS 373 AND UP-PRADHANS) RULES, 1994 entered the polling compartment has remained inside the polling compartment unduly long period, he shall enter the polling compartment and take such steps as may be necessary to ensure the smooth and prompt progress of the poll.

(2) Whenever the Matdan Adhyaksh enters the polling compartment under this rule, he shall .be accompanied by such of the contesting candidates or their Abhikartas as desire to do so.

93. B:.nllot papers found outside ballot boxes.—If any ballot paper which has been issued to an elector has not been inserted by him into the ballot box and is foupd anywhere in or near the polling place, it shall be cancelled and dealt with in a manner similar to that laid down in Rule 91,

94. Temflered votes.—(1) If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted as such elector, he shall on satisfactorily answering such questions relating to his identity as the Matdan Adhyaksh may ask be supplied with a ballot paper which shall be endorsed on the back with the words "Tendered Ballot Paper" by the Matdan Adhyaksh in his own handwriting and signed by him. 4

(2) Every such person shall before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in the specified form.

(3) Such person shall thereafter record his vote on the tendered ballot paper as far as may be in accordance with the provisions of Rule 88, but shall not insert his ballot paper in the ballot box.

(4) Every such tendered ballot paper shall be handed over to the Matdan Adhyaksh who shall forthwith place it in a cover specifically kept for the purpose. Such votes shall not be counted by the Nirvachan Adhikari.

95. Sealing of ballot boxes, etc., after poll.—(1) As soon as practicable after the close of the poll, the Matdan Adhyaksh shall close the slit of each ballot box and where the box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any contesting candidate or his Abhikarta who may be present to seal the same.

(2) All the ballot boxes shall thereafter be sealed and secured in the manner specified.

(3) The Matdan Adhyaksh shall then make-up into separate packets— (@) the cover containing the tendered ballot papers;

~(b) the cancelled ballot papers;

(d) unused ballot papers; and

(e) any other paper directed by the Nirvachan Adhikari to be kept in a sealed packet.

(4) Each such packet shall be sealed with the seals of the Matdan Adhyaksh and also of such of the contesting candidates or their Abhikartas as may desire to affix their seal thereon.

T RAJ] ACT, 1947 U. P. PANCHAYAT RA] (Appgy, 374 f b 96. Account O the poll, prepare & alorps tc., to the Nirvach ) Transmission of ballot boxes, etc., €han A 97. Tri be after A n soon A5 Vit Rule 95 the Matdan Adhyaksh shall deliver o Cagg 4 i ;f'?::rrer‘& to the Nirvachan Adhikari at such place as the Nerachan Ad to b('g hi may direct,— : b (@) the ballot boxes; ) ‘

(b) the packet referred to in Rule 95;

() the ballot paper account; and

(d) all other papers used at the poll. :

98. Transport of ballot boxes and packets and their Custody, _.

Nirvachan Adhikari shall make adequate arrangements' for the safe transpoy = all ballot boxes, packets and other papers referrgd to in Rule 97 ang for the safe custody until the commencement of the counting of votes. L

99. Adjournment of poll in emergencies.—(1) If at an election the proceedings at the polling place are interrupted or obstructed by any riot o, violence or if it is not possible to take the poll on account of any natura] Calamity or any other sufficient cause, Matdan Adhyaksh for such polling place shyj| announce an adjournment of the poll to a date to be notified later anq Where the pollis so adjourned the Matdan Adhyaksh shall forthwith inform the Nirvachan Adhikari.

(2) Whenever a poll is adjourned under sub-rule (1) the Nirvachan Adbhikarj shall immediately report the circumstances to the District Magistrate and sha| as soon as may be with his previous approval appoint a day, for the taking of the fresh poll and fix the place at which and the hours during which a fresh poll shall be taken and notify the same in such manner as may be specified by the District Magistrate.

(3) In every such case as aforesaid, the Matdan Adhyaksh shall take a fresh poll and the provisions of this Chapter shall apply in relation to fresh poll as they apply to the original poll.

100. Fresh poll in case of destruction, etc., of ballot boxes.—(1) If at any allot papers.—The Matdan Adhyaksh shy -% 1, er account in the specified form_ * 2t the Clogg “election any ballot box is unlawfully taken out of the custody of the Nirvachan Adhikari or of any Matdan Adhyaksh, or is in any way tampered with, or is of the ballot boxes and packets have peq hlkafi.\As ‘ either accidentally or intentionally destroyed or lost, the polling at the election to which such ballot box relate shall be void.

(2) Whenever the polling shall become void under sub-rule. (1) the Nirvachan Adhikari as soon as practicable after the act or event causing Sth voidance has come to his knowledge, report the matter to the District Magistrate and shall with hig previous approval, appoint a day for the taking of a fresh poll and fix the place at which and hours during which the poll'shall o taken and notify the same in such manner as may be specified by the District Magistrate.

3) In every such case as aforesaid the Matdan Adhyaksh shall take a f'eS}Sl poll and the provisions of this Chapter shall apply to every such fresh poll, & they apply to the original poll.

' ; U. P. PANCHAYAT RAj (E ;

APPEN. 6—R 104] J (ELECTION OF MEMBERS, PRADHAN AND UP-PRADHANS) RULES, 1994 ° 5P 101. Appointment of time, place and date for the countin ntm A g—(1) The Nirvachan Adhikari shall appoint a date for the counting of votes which shall be s soon as practicable after the completion of the pol] d shall fi ?ime at which the votes shall be counted. g = Anc-gote theplate ol

(2) The Nirvachan Adhikari shall give notice of such date, time and place to the contesting candidates or their Nirvachan Abhikartas,

(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 Nirvachan Adhikari or if due to any other unavoidable cause he is unable to proceed with the counting, he may postpone the counting to another date and fix the time and place for it aqd give notice thereof to the contesting candidates or their Nirvachan Abhikartas.

102. Ganana Abhikartas.—(1) A contesting candidate or his Nirvachan Abhikarta may appoint one person to be present as his Ganana Abhikarta (Counting Agent) at the counting of votes.

(2) Every such appointment shall be made in writing.

() No Ganana Abhikarta shall be admitted into the place fixed for a counting unless he has delivered to the Nirvachan Adbhikari, the letter of his appointment under sub-rule (2).

103. Person who may be present at the counting.—(1) The Nirvachan Adhikari shall not allow any person to be present at the counting of votes except such persons as he may appoint to assist him in counting and every contesting candidate, his Nirvachan Abhikarta and his Ganana Abhikarta.

(2) No person who has been employed by or on behalf of, or has been otherwise working for a candidate in or about the election shall be appointed to assist the Nirvachan Adhikari in counting the votes.

104. Procedure at the counting.—On the date and at the time and place appointed under Rule 101, the Nirvachan Adhikari shall proceed as follows :

(@) The Nirvachan Adhikari shall satisfy himself that all the ballot boxes used at the poll and which are to be counted at that place have been received and accounted for;

(b) The Nirvachan Adhikari shall then allow the candidate and their Nirvachan Abhikartas and Ganana Abhikartas present at the counting an opportunity to inspect the ballot boxes and their seals for satisfying themselves that they are in order;

(c) The Nirvachan Adhikari shall also satisfy himself that none of.the boxes has in fact been tampered with. If any ballot box is found by him to have been tampered with or destroyed or lost, the Nirvachan Adhikari shall not proceed with the counting of votes and the provisions of Rule 100 shall apply;

(d) If the Nirvachan Adhikari is satisfied that all such ballot boxes which are to be counted at such place have been received and are in order, he shall take up the counting of ballot papers contained in the ballot boxes. All the ballot boxes used at a polling place D [, 1947, ] U, p. PANCHAYAT RAJ ACT, 194 [appyy, 376 ing of the ball ly , and the counting of the ballot p,, shall be OPENe T4 with, in accordance with GRS foung | those ; ission, at the same timq. ~ DStryg:. 0 | of the State Election Commission, ime; Ction, | t of the ballot papers found in the boxeg Of th | oun P i e . (9. Jlce shal be recorded in a tatementin the form specifiedioyui“hfi State Election Commission; e .

irvachan Adhikari s ow . e candidat ® E:qulc\l]\l:n Abhikartas and _ Garn.a Abhlkartas, ek e;a the;

present, reasonable opgortumty to inspect all tfallo bipee. ‘z’hibe in the opinion of the Nirvachan Adhikari are liable oy h B but shall-not allow them 'to ltlandle those or any ofhes baued' papers. The Nirvachar} AQhfl<m1 shall.on every ballot Paper i is rejected, endorse rejection tl}ereon in Hindi. If any cap, didate his Nirvachan Abhikarta questions the correctness of the Tejec; of of any ballot paper, the Nirvachan Adhlka.n S'hall also reco;)g briefly on such ballot paper the grounds for his rejection, After the counting of all ballot papers contained in the p, allg boxes of the polling place has been completed, the Ni"'achan Adhikari shall cause all such ballot papers to be kept in a Separate packet on which shall be indicated such particulars a5 wil identify the name of the Gram Panchayat to which the ballot papers relate.

® SYNOPSIS

1. Scope. 2. Recounting of votes.

1. Scope.—If the Election Tribunal did not find any prima facie case to direct recount, it does not help the respondents in any manner. In the instant case the Tribunal did not commit any error in directing for inspection of ballot papers. The scope of subjective consideration by authority directing for recount. Held also that scope of subjective consideration is ruled out in directing recount of votes. [Shakbaz Bano v. Shahiba Bano, 2004 (96) RD 166 at 177, 178 (AlL)].

2. Recounting of votes.—Where unsucessful candidate specified necessary break up of each polling booth and claimed that he had polled more votes than the declared successful candidate, the order of recounting was held justified. [Krishna Murari v. Prescribed Authority, 2014 (1) ALJ 737 at 743 (AlD)].

105. Grounds for rejection of ballot papers.—(1) The Nirvachan Adhikari shall reject a ballot paper— (@ if it bears any mark or writing by which an elector can be identified; or

(b) if it is a spurious ballot paper; or -

(c) if it has been so damaged or mutilated that its identity as genuine ballot paper cannot be established; or ) (d) if it bears a serial number or a design different from the serial number or design, as the case may be, of the ballot papers authorised for use at the particular polling place; or v () if votes are given On it in favour of more candidates than the number of seats required to be filled in a constituency; or () if no vote is recorded thereon, U. P. PANCHAYAT RA] (ELECTION OF MEMBERS, PRA E 2 DHANS AND UP-PRADHANS) RULES, 1994 &4

(2) A vote recorded on a ballot paper shall be rejected if the mark indicating s placed on the ballot paper in such manner as to make it doubtful tq didate the vote has been given :

APPEN. 6—R.109] the vote i whiCh can provided that a ballot paper .sha.ll not be rejected merely on the ground that {he mark indicating the vote is indistinct or made more than once against the name of 2 parFlC\flar candidate if, the intention that the vote shall be for a p articular candidate clearly appear from the way the paper is marked.

(3) The decision of the Nirvachan Adhikari as to the validit aper O of a vote given or any guch ballot paper shall be final subj to any decision to the contrary given on the trial of an election question the election.

106. Verification of accounts submitted by the Matdan Adhyaksh.—The Nirvachan Adhikari shall not open the sealed packets of the tendered ballot papers OF the marked copy of the electoral roll, He shall verify the statement submitted by the Matdan Adhyaksh under Rule 96 by comparing it with the numbers of counted votes and rejected ballot papers, the unused or spoilt ballot papers in his possession and the tendered votes list. He shall then re-close and re-seal each packet which has been opened by him and shall record on each packet a description of its contents, the name of the Gram Panchayat, and the date of the election to which it refers.

107. Election return by the Nirvachan Adhikari.—The Nirvachan Adhikari shall then prepare and certify an election return in the specified form setting forth— y of a ballot ect, however, petition calling in (@) the names of the candidates for whom valid votes have been given;

(b) the number of valid votes given for each candidate;

(d) the number of rejected ballot papers;

(e) the number of tendered ballot papers; and

(f) the name of the candidate elected.

He shall also permit any contesting candidate or his Nirvachan Abhikarta or Ganana Abhikarta to take a copy of or an extract from such return.

108. Equality of votes.—If after the counting of the votes is completed an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of those candidates to be declared elected, the Nirvachan Adhikari shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

109. Declaration of result.—When the counting of votes recorded on the ballot Papers contained in the ballot boxes has been completed, the Nirvachan Aldhikm'i shall declare the candidate securing the highest number of votes as elected, U. P. PANCHAYAT RA] ACT, 1947 378 lappgy; ¢ 1 . Report and notification of election.—As soon ag s decla[rlalt(i)on of}zhe result under Rule 109, the Ni.rvachan Adhikarj ‘Shallyrel;eo rafter { result to the District Magistrate and shall also inform the District Panchayat the Adhikari and the Secretary of the Gram Pan‘ch.ayat. The District Magisuate t Ry report the result to the State Election Commission. ] shay] '[111. Custody of the return and of the ballot Papers and ohg, o relating to Election—(1) The Nirvachan Adhikari shall, after reportin Perg result of the election under Rule 110, forward the relection return tg the Assistant District Election Officer (Panchayat and Local Bodies) f,, S;};e custody. e

(2) The Nirvachan Adhikari shall also forward to the Assistant Distr; Election Officer (Panchayat and Local Bodies) for safe custody the Packets g; ballot papers and all other papers relating to the election.]

'[112. Production and inspection of election papers.—(1) While i, the custody of the Assistant District Election Officer (Panchayat and Loca Bodieg the packets of ballot papers whether -valid, rejected or tendered, and of the marked copy of the electoral roll shall not be inspected by or produceq before any person or authority except under the order of a competent court or of an authority hearing an election petition.

(2) Copies of the election return forwarded by the Nirvachan Adhikari under sub-rule (1) of Rule 111 shall be furnished by the Assistant District Election Officer (Panchayat and Local Bodies) on payment of a fee of Trupees twelve for each copy.

(3) All other papers relating to the election shall be opened to public inspection subject to such condition and subject to the payment of such fees as may be specified by the State Election Commission. ] the principles noted above, recount cannot be ordered in the basis of the aforesaid, - allegations. [Shahbaz Bano v. Shahiba Bano, 2004 (96) RD 166 at 178 (ALD)]. 113. Disposal of election Papers.—(1) The election return and the rf%PO’t mentioned in Rules 109 and 110, respectively, shall be retained. until the L. Subs. by Noti. No. 1265/XXXIII-1-99-343-98, dated 18th February, 2000, published in UP: Gazette (Extra,), Part 4, Section (Kha), dated 18th February, 2000, R 117] U. P. PANCHAYAT RAJ (ELECTION OF MEMBERS, PRAD!

APPEN-6T AND UP-PRADHANS) RULES, 1994 HANS 379 ination of the next general e}ection to the office to which they relate and | thereafter be destroyed subject to any direction to the contrary given by Election Comfrflssion or by a competent court or by an authority lection petition.

£ the Gtate hearing an € .

@ All other papers relating to the election shall be retained for a period of ¢ year and shall thereafter l?e destroyed subject to any direction to the given by the State Election Commission or by a competent court or by anauthority hearing an election petition.

(a) "alters or tampers with the electoral roll or its copy or other documents in contravention of the rules; or

(b) obstructs or in any way interferes with any officer or servant appointed or employed for the purposes of these rules in the performance of his duties; or

(c) defaces, injures, disturbs or removes any copy, notice or other documents affixed or otherwise published under these rules in any public office or elsewhere, shall be punishable with fine which may extend to rupees five hundred.

115. Bye-elections.—If a casual vacancy arises in the office of Pradhan by reason of the death, resignation, removal or the avoidance of Election of a Pradhan or otherwise, the District Magistrate shall, as soon as may be, on the report of vacancy appoint the date, time and place for various stages of bye-election in accordance with Rule 14 and the rules contained in this Chapter shall apply, as far as may be, in relation to the election of a Pradhan to fill such vacancy.

116. Failure to elect a Pradhan.—(1) Where the territorial constituencies of a Gram Panchayat have failed to elect a Pradhan in pursuance of the notice issued under Rule 68, the District Magistrate shall, as soon as may be, call upon once again to elect a Pradhan before such date, as may be fixed by him and shall appoint a fresh date, time and place for each item mentioned in sub-rule (2) of Rule 14 and the provisions of this Chapter shall, as far as may be, apply in relation to the election of Pradhan as aforesaid.

(2) If again the territorial constituencies fail to elect a Pradhan, the District Magistrate shall report the fact to the State Election Commission.

'[117. Election of Up-Pradhan.—(1) As soon as may be after the notification of the constitution of Gram Panchayat, the District Magistrate shall call a meeting of the Gram Panchayat, on the date specified by the State Election Commission, to elect the Up-Pradhan.

(2) The rules contained in this Chapter for the election of Pradhan shall mutatis mutandis, apply to the election of Up-Pradhan :

Provided that references to the “electoral list" “Nirvachan Adhikari", wherever occurring, shall be deemed respectively, to be references to "List of L Subs. by Noti. No, 2392 /XXX111-1-2000-384-2000, dated 11th August, 2000, published in the U.P.

Gazette (Extra.), Part 4, Section (Kha), dated 11th August, 2000.

U, P. PANCHAYAT RAJ ACT, 1947 380 . at", and such Assistant Dey, elo s of Gram Paf‘ghg'ram Panchayat Vxlfas Adhikarg ‘Pmen Sq;ba ) Kano(:)’i‘gte’ d by the District Magistrate. al P . . : os of election of Up-Pr'adhan m'cludmg nominatiml 3 @) All Proccssith drawal of nomination, voting, Cou_nfing o Y ser of lmn:ii(l:fit(l:}l:"c s‘u” shall be completed in one day.] o declara tion papers.—All papers relatip, 118. Di;PSS?:)r';gl‘:;fif exce;}:t 51(3 election returns, shalj pe des tfo;lei:fio 3 Pradhan mlw ’}C’ar from the date of declaration of the result of electio, ¢ period of OlC tio)ns to the contrary given b)f the State Election Comm: ¥ sub)e“ to any du;ecourt or a Tribunal. The election returns sha]] be Fetaineq tl‘} oy compe“i%fi of the next general election and shall thereafter est” tre ;irl;;\elciat:) any directions to the contrary given by the State Election COIHmrioy , i 55 or a competent court or a Tribunal. 5

119. Vacation of office under Secfion 11-D of the Act.~(1) If 4 Person chosen to two offices which he cannot 51{nu%tanegusly.hold under the ovisiy nl.: of Section 11-D of the Act, he shall submit his resignation for_ all but one of thoge offices or seats within thirty days of the date of the declaration of dectjofl, o the declaration of election in respect of the two or more offices/ has been ade on different dates withir: thirty days of the last of each dates,

(2) In the event of failure of the person'who has been elected ag Pradhap i, well as a member of Gram Panchayat or a Panch of a Nyaya Panchayat In accordance with the provision of sub-rule (1), his seat ag member of Panchayat or Panch of the Nyaya Panchayat shall be deemed vacant, (3) The office or seat becoming vacant under sub-rule (1) or (2) shall be filleg as if there were a casual vacancy.

CHAPTER IV OMISSION OF CHAPTERS I.D AND I-E OF PANCHAYAT RAJRULES 120 Omission of Chapter I-D and Chapter I-E of Panchayat Raj Rules—In Eat Panchayat Raj Rules, the Chapter I-D and Chapter I-E shall be omited.

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Uttar Pradesh Panchayai Raj (Sadsyo, Pradano aur Up Pradhano Ka Nirvachan), Rules, 1994

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