ELECTION TO NOTIFIED SOCIETIES, ETC.
56-A.
|
Manner of election to notified
Societies:-
|
||
(i)
|
The
elections of the societies notified
by the State Government under Section 73-IC, shall be held or cause to be
held by the Registrar through the machinery created for this purpose in the
manner as specified, hereunder, namely:-
|
||
(a)
|
The
Registrar may appoint any officer, not below the rank of an Additional
Registrar of Co-operative Societies, as the Chief Election Officer for the State,
who shall be subordinate to the Registrar and accountable to him for the
purpose of such elections. He shall work under the general guidance of the
Registrar of Co-operative Societies.
|
||
(b)
|
The Chief
Election Officer shall have powers to appoint one or more officers along with
their jurisdiction as District Election Officer, who shall not be below the
rank of an Assistant Registrar of Co-operative Societies or the Special
Auditor, Class-II.
|
||
(c)
|
The Chief Election Officer shall have powers to appoint such
additional staff as he deems necessary to assist him and the District
Election Officer.
|
||
(d)
|
The Chief Election Officer shall have powers of general guidance,
superintendence and control over the District Election Officers and the staff
appointed under the foregoing sub-clauses of these rules. The District
Election Officer and the staff so appointed shall be subordinate to the Chief
Election Officer and shall be accountable to him for the purpose of
elections.
|
||
(e)
|
The District Election Officer shall be responsible for holding the
election, of all the notified societies, the headquarters of which are
situated in his jurisdiction.
|
||
(f)
|
For holding the elections of
notified societies, the Registrar
or the Chief Election Officer or the District Election Officer, as the case may be
shall have the following powers, namely:-
|
||
(i)
|
To appoint
any officer of the State Government, Zilla Parishad, any Local Body, any
Co-operative Society or Agricultural Produce Market Committee, having
establishment in that district, on any post with such designation and duties
for the purpose of holding the elections,
|
||
(ii)
|
It shall be
obligatory on every officer or employee, so appointed to, perform the duties
assigned on him, failing which, he shall be liable for prosecution for having
committed contempt of the lawful authority of the public servant within the
meaning of Chapter 10 of Indian Penal Code.
|
||
(iii)
|
To
requisition any premises, vehicles or any other material required for holding
the election, from any co-operative societies as he may deem necessary.
|
||
(iv)
|
On service
of such requisition, it shall be obligatory on the authority to whom such
requisition is made, to forthwith hand over the possession of premises,
vehicles or any other material, as the case may be, to the requisitioning
authority or any person authorised by him in that behalf.
|
||
(g-i)
|
The
Registrar shall be competent to create a fund called the Notified
Co-operative Societies Election Fund', as he deems fit by a special or
general order.
|
||
(ii)
|
The expenses
for holding of any elections to the notified society, including payment of
travelling allowances, daily allowance and other remuneration, if any, to the
persons appointed to exercise the powers and perform the duties in respect of
election, shall be borne by the notified society concerned. For this purpose,
the Registrar or the Chief Election Officer or the District Election Officer
may call upon a notified society to deposit in the Notified Co-operative
Societies Election Fund, such amount as he considers necessary for the
conduct of elections, within such period as may be directed by the Registrar:
|
||
Provided
that, it shall be competent for the Registrar to exempt any notified society
or class of notified societies from depositing in full or in part, having
regard to the financial position of such society or class of societies, as
the case may be.
|
|||
(iii)
|
If the
expenditure exceeds the amount deposited, the Registrar or the Chief Election
Officer or the District Election Officer shall call upon the notified society
to pay the excess amount as specified by him within eight days from the
receipt of directions from him and the society shall comply with such
directions.
|
||
(iv)
|
On failure
of the notified society to deposit the amount or to pay the excess amount as
aforesaid, the Registrar, the Chief Election Officer or the District Election
Officer may issue a certificate for recovery of amount due, together with
interest thereon at the rate of 15% per annum from the society. On issue of
such certificate, the amount shall be recovered as arrears of land revenue.
|
||
(2)
|
The
Registrar shall maintain a register in Form M-1 in his office showing the
names of the notified societies with details thereof.
|
||
(3)
|
The Chief
Executive of the notified society shall deliver a report in Form M-2 to the
Registrar on or before 30th September of the preceding calendar year in which
the term of office of the Managing
Committee of such society expires :
|
||
Provided that,
if the Chief Executive of the notified society fails to report in time the
Registrar shall proceed to enlist the name of such society or societies for
the purpose of aforesaid sub-rule on the basis of information available in
the register and such enlisting of names shall be prima facie evidence that
the election of the society is due to be held in the succeeding co-operative
year, unless proved to the contrary.
|
|||
(4)
|
On receipt
of report or otherwise, the Registrar shall publish, on or before 15th October a list of societies in his office and in the office of the
District Election Officer, of which elections of the committee are to be held
in the succeeding year.
|
||
56-B.
|
Provisional
list of voters:-
|
||
(1)
|
A
provisional list of voters shall be prepared by every notified society in the year in which the election of
such society is due to be held. The persons who have completed minimum two
years as members from the date of their, enrollment; shall be included in the
provisional list. If different constituencies are provided in the bye-laws,
the names of voters shall be arranged constituency-wise as laid down in the
bye-laws
|
||
(2)
|
Four copies
of the authenticated provisional lists of voters shall be delivered by the
Chief Executive of the society to the Registrar, 120 days before the date of
expiry of the term of Committee. Copies of such lists shall be displayed on
the notice board of the society. The District Election Officer and the
Registrar shall, within 15 days from its receipt, call for inviting claims
and objections from the members of the society.
|
||
(3)
|
If any Chief
Executive Officer fails to deliver copies of the provisional lists of voters
to the Registrar on or before the due date, the Registrar shall himself or
through any persons authorised by him in this behalf, prepare such
provisional list of voters and the expenditure incurred there for shall be
recovered from the Chief Executive Officer or other persons responsible there
for, as arrears of land revenue.
|
||
(4)
|
In the event
of the Registrar taking action under the last preceding sub-rule, he shall
also cause copies of the provisional list of voters to be displayed on his
notice board and on the notice board of the District Election Officer and of
the society within ten days from the date of receipt of such list from the
society for inviting claims and objections from the members of the society,
|
||
56-C.
|
Particulars
to be included in the provisional list of voters:-
|
||
(1)
|
The provisional list of voters in case
of individual shareholders, shall contain the name, father's or husband's
name, surname, if any, with address recorded in the register of members in
Form M-l of every person entitled to be registered as voter with such other
particulars as may be necessary to identify him.
|
||
(2)
|
Where a
society is the member of a notified society, the notified society shall call
for the name of representative duly authorised to vote at the election on
behalf of the affiliated society, so as to reach it by 150 days prior to the
date of expiry of term of office of the Committee.
|
||
(3)
|
While
communicating the name of the representative to the notified society the
affiliated society shall enclose a copy of the resolution of the society or
its committee as provided under the bye -laws, where the representative is so
authorised. The notified society shall include in the list of voters the name
of all such representatives as have been communicated to it before the date
fixed for publication of the provisional list. In addition to the names
representatives, the list shall contain the name of the affiliated societies,
their registration numbers and addresses with names of the constituency, if
any, to which they belong.
|
||
56-D.
|
Claims and
objections to the provisional list of voters, and the final list of voters:-
|
||
(1)
|
When any
provisional list of voters is published for inviting claims and objections, any omission or
error in respect of name or address or other particulars in the list may be
brought to the notice of the Registrar in writing by any member of the
society concerned who is a voter or any representative authorised to vote' on
behalf of such society during office hours within 15 days from the date of
publication of the provisional list of voters.
|
||
(2)
|
The
Registrar shall, after making such enquiries as deemed necessary in this
behalf, consider each claim or objection, and give his decision thereon in
writing to the persons concerned within 10 days from the last date prescribed
for receiving the claims and objections and the list shall be conclusively
final voters list.
|
||
(3)
|
The copies
of final list of voters shall be displayed on the notice board of the
Registrar and on the notice board of the office of the District Election
Officer and that of the society at least seven days before the declaration of
the election programme and in no case later them fifteen days from the
finalisation or claims and objections.
|
||
56-E.
|
Appointment
of Returning Officers, Assistant Returning Officers and such other Officers
required to conduct the elections:-
|
||
The
Registrar or the Chief
Election Officer or the District Election Officer shall, whenever necessary,
appoint the Returning Officer and may also appoint one or more persons to be
called as the Assistant Returning Officer to assist the Returning Officer in
the performance of his functions:
|
|||
Provided
that, in case where no other person is appointed as Returning Officer, the
District Election Officer himself shall be deemed to be the Returning Office
and shall perform all the functions of the Returning Officer under these
rules. Every Assistant Returning Officer, shall, subject to the control of
the Returning Officer, be competent to perform all or any of the functions of
the Returning Officer provided that, no Assistant Returning Officer shall
perform any of the functions of the Returning Officer which relate to the
scrutiny of nominations unless the Returning Officer is unavoidably prevented
from performing the said function.
|
|||
56-F.
|
General duty
of Returning Officer:-
|
||
It shall be
the general duty of the Returning
Officer at any election to do all such act and things as may be necessary for
effectually conducting the election in the manner provided in these rules and
bye-laws of the notified society or societies.
|
|||
56-G.
|
Polling
stations:-
|
||
The
Returning Officer shall, if necessary provide a sufficient number of polling stations for any
constituency for which election is to be held and shall publish on the notice
board or the society and in such other manner as he deems fit, a list showing
the polling stations so provided and the polling areas for which they have
respectively been provided.
|
|||
56-H.
|
Appointment
of Presiding Officers and Polling Officers:-
|
||
(1)
|
The Returning Officer shall appoint a
Presiding Officer for each polling station and such polling Officer or
Officers as he thinks necessary, but shall not appoint any person who has
been employed by the concerned society or on behalf of, or has been otherwise
working for a candidate in or about the election—
|
||
Provided
that, if a polling Officer is absent from the polling station, the Presiding
Officer may appoint any person who is present at the polling station, other
than a person who has been employed by the concerned society or on behalf of,
or who has been otherwise working for a candidate in or about the election,
to be the polling officer during the absence of such officer, and shall
inform the Returning Officer accordingly.
|
|||
(2)
|
A Polling
Officer shall, if so directed by the Presiding Officer, perform all or any of
the functions of a Presiding-Officer under the Act or these rules and
bye-laws made there under.
|
||
(3)
|
If the
Presiding Officer, owing to illness or otherwise or due to unavoidable cause,
is absent from the polling station, his functions shall be performed by such
polling officer as has been previously authorised by the Presiding Officer,
to perform such functions during his absence.
|
||
56-I.
|
General duty
of Presiding Officer and Polling Officer:-
|
||
It shall be
the general duty of the
Presiding Officer at a polling station to keep law and order and to see that
the poll is fairly taken,
|
|||
(1)
|
It shall be
the duty of the Polling Officers at a polling station to assist the presiding
officer for such station in the performance of his functions.
|
||
(2)
|
The
Presiding Officer, Polling Officer, Returning Officer, Assistant Returning
Officers and other persons appointed for any of the purposes of these rules
shall work under the general guidance, superintendence and control of the
District Election Officer or the Chief Election
Officer.
|
||
56-J.
|
Appointment
of dates etc. for various stages of an election:-
|
||
(1)
|
The Returning Officer, with prior
approval of the Registrar or the District Election Officer, as the case may
be, shall draw and declare a programme of various stages of election, as indicated here in below not earlier than seven days and
not later than fifteen days of the display of final list of voters of the
society—
|
||
(i)
|
Last date
for making nominations.
|
7 days from the date of declaration
of election programme.
|
|
(ii)
|
The date of
publication of list of nomination received.
|
As and when
received till the last date fixed for making nominations.
|
|
(iii)
|
Date of
scrutiny of nominations.
|
Next day of
the last date for making
|
|
(iv)
|
Date of
publication of list of valid nomination after scrutiny.
|
Next day
after the date of completion of scrutiny or where there is an appeal, after
the appeal is decided.
|
|
(v)
|
Date by
which candidature may be withdrawn.
|
2 days from
the date of publication of list of valid nominations after scrutiny.
|
|
(vi)
|
Date of
publication of final list of contesting candidates
|
The date
next succeeding the last day for withdrawal of candidature.
|
|
(vii)
|
Date and
time during which and the place/places at which the poll shall be taken.
|
Not earlier
than 10 days but not later than 15 days from the date of publication of final
list of contesting candidate (time and place to be fixed by the Returning
Officer)
|
|
(viii)
|
Date, time
and place for voters
|
Not later
than 3rd day from the date which the counting of poll shall be
taken (time and place to be fixed by the Returning Officer)
|
|
(ix)
|
Date of
declaration of result of voting
|
Immediately
after the counting of voters
|
|
Explanation:
—
|
|||
(a)
|
If the date in reckoning dates as
specified in the above cases is a public holiday the next succeeding working
day shall be fixed for the respective events;
|
||
(b)
|
The
proportion of polling station to number of voters at each polling station and
the place of polling stations shall be fixed in consultation with the
notified society concerned. In case the polling stations are spread over the district, town or village in the District, the Election Officer shall
make arrangement to get all the ballot boxes to the office of the Returning
Officer or to the registered officer of the societies or to such other safe
places as he deems fit.
|
||
56-K.
|
Manner of
publication of election programme under Rule 56J:-
|
||
(1)
|
The Returning Officer shall send a copy
of the election programme declared under Rule 56J in Form M-3 to the society
either by special messenger or the District Election Officer shall make
arrangement to get all the ballot boxes to the office of the Returning
Officer or to the registered office of the societies or to such other safe
places as he deems fit.
|
||
(2)
|
The time
during which poll shall be taken should be mentioned in the election
programme. The time of poll should not be earlier than 8-00 a.m. and later
than 5.00 p.m.
|
||
(3)
|
Wherever it
is necessary to
fix time, date
and place for
any stage in
the election programme, it shall be
fixed by the Returning Officer and shall be mentioned in the election
programme declared by him
|
||
(4)
|
Except with
the previous approval of the District Election Officer, or the Chief Election
Officer as the case may be, the date fixed under this rule shall not be
changed within 7 days or the date fixed for the poll:
|
||
Provided
that, if due to any unavoidable circumstances and in the public interest, it
has become imminent to modify the programme and there is no sufficient time
for obtaining the previous approval of the District Election Officer or the
Chief Election Officer as the case may be, to such modifications, the
Returning Officer may, for the reasons to be recorded in writing, modify the
programme. In every such case the Returning Officer shall forthwith send a
copy of the modified election programme along with the reasons recorded by
him for such modification to the Chief Election Officer or the District
Election Officer, as the case may be.
|
|||
56-L.
|
Manner of
publication of election programme under Rule 56K:-
|
||
(1)
|
The Returning Officer shall send a copy
of the election programme declared under the Rule 56J in Form M-3 to the
society either by the special messenger or through post under certificate of
posting addressed to the society at the registered address with instructions
to display the copy of the programme on the notice board of the society. In
addition, the said election programme shall be displayed on the notice board
of the office of the Returning Officer, Registrar and the District Election
Officer.
|
||
(2)
|
The election
programme shall also be published at least in one local daily newspaper for a
society or class of societies at the discretion of the District Election
officer.
|
||
56-M.
|
Nomination
of candidates:-
|
||
(1)
|
Any person
may be nominated as the candidate
for election to fill a seat, if he is qualified to be chosen to fill that
seat under the provision of the Act, these rules and the bye-laws and if his
name is entered in the list of voters.—
|
||
Provided
that, in case of joint or associate members, only the member whose name
stands first in the share certificate shall be eligible to be nominated as
candidate for the election. Where the seats are reserved on the committee of
any notified society as provided under Section 73B of the Act, any individual
belonging to the categories provided under sub-section (3) of Section 73B
shall be eligible for being nominated as candidate even if his name does not
appear in the list of voters.
|
|||
(2)
|
Every
nomination paper presented under Rule 56N shall be completed in Form M-4:
|
||
Provided
that, a failure to complete or defect in completing the declaration as to
symbols in a nomination paper shall not be deemed to be a defect of a
substantial character within the meaning of these rules.
|
|||
(3)
|
Any person
whose name is entered in the list of voters may be a proposer or seconder for
nominating a candidate for election :
|
||
Provided
that, in the case of election from constituency of societies, the proposer
and the seconder shall be from the same constituency.
|
|||
(4)
|
A nomination
paper shall be supplied by the Returning Officer to any voter on demand and
on payment of such fees as determined by the District Election Officer:
|
||
Provided
that, such nomination paper shall be supplied by the Returning Officer to any
person desirous of contesting from the constituency under Section 73B even if
his name is not included in the list of voters.
|
|||
56-N.
|
Presentation
of nomination paper and requirements for valid nominations:-
|
||
(1)
|
On or before
the date appointed under Rule 56J, each candidate shall either in person or by his proposer, deliver to the
Returning Officer during the time and at the place specified in the programme
declared under the said rule,, a nomination paper completed as provided by
Rule 56M and signed by the candidate and by two voters of his constituency
one of whom shall be a proposer and the other seconder.
|
||
(2)
|
Any person
who is not subject to any disqualification as a voter under the Act, these
rules or bye-laws and whose name is entered in the list of voters for the
constituency, for which the candidate is nominated, may subscribe as proposer
and seconder.
|
||
(3)
|
In the
case of a
reserved seat under
the Provisions of
Section 73B, a candidate
shall not be deemed to be qualified to be chosen to fill the seats unless his
nomination paper contains a declaration by him specifying the particulars of
Scheduled Caste and Scheduled Tribe of which he is a member or the details of
his income and landholding during the year immediately preceding, in the case
of members of weaker section.
|
||
(4)
|
On the
presentation of a nomination paper, the Returning Officer shall satisfy
himself that the names and the numbers c f the candidates and his proposer
and seconder are as entered in the list of voters excepting in the case of
nomination paper presented under the provision of sub-section (3) of Section
73B for reserved constituency. If a nomination paper is rejected under this
rule, the Returning Officer shall record thereon his reasons for rejecting
the same, and in that case, the candidate may deliver a fresh nomination
paper subject, however, to all the provisions of his rule:
|
||
Provided
that, the Returning Officer shall permit any clerical or technical error in
the nomination paper in regard to the said names or numbers to be corrected
in order to bring them into conformity with the corresponding entries in the
list of voters and where necessary, any clerical or printing error in the
said entries shall be overlooked.
|
|||
56-o.
|
Symbols for
elections:-
|
||
(1)
|
The
Returning Officer shall specify the symbols that may be chosen by the candidates at the election from among
those specified by him, but he shall not allot any symbols which are
associated with political parties.
|
||
(2)
|
Where at any
such election, more nomination papers than one are-delivered by or on behalf
of a candidate, the declarations as to symbols made the nomination paper
first delivered and no other declarations, as to symbols, shall be taken into
consideration under sub-rule (2) of Rule 56M even if that nomination paper
has been rejected.
|
||
56-P.
|
Deposit:-
|
||
A Candidate
shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited
with the Returning Officer a sum of Rs. 25 in cash and where the candidate is
of Scheduled Caste or Scheduled Tribe or of a weaker section a sum of Rs. 5 :
|
|||
Provided
that, where a candidate has been nominated by more than one nomination paper
for election in the same constituency, not more than one deposit shall be
required of him under this rule. However, the Chief Election Officer shall be
competent to fix amount, from time to time, towards deposits as per aforesaid
rule by a candidate in the case of any society or class of societies in
consideration of the financial standing membership etc. by general or special
order.
|
|||
56-Q.
|
Notice of
nomination and time and place for the scrutiny:-
|
||
The
Returning Officer shall on
receiving the nomination paper under Rule 56N, inform the person or persons
delivering the same, of the day, time and place fixed for the scrutiny of
nominations and shall enter on the nomination paper, its serial number and
shall sign thereon a certificate stating the date on which and the hour at
which the nomination paper has been delivered to him and shall, as soon as
may be therefore, cause to be affixed on the notice board in his office, a
notice of the nomination containing description similar to those contained in
the nomination papers, both the candidates and of the proposes.
|
|||
56-R.
|
Scrutiny of
nomination papers:-
|
||
On the date
fixed, for the scrutiny of nomination
papers under Rule 56J, the candidates, one proposer of each candidate duly
authorised in writing by each candidate, may attend at the time and place
appointed in this behalf, and the Returning Officer shall give or cause to
give them all reasonable facilities for examining the nomination papers of
all candidates which have been delivered as required by Rule 56N. No other
person shall be allowed to attend the scrutiny of nomination.
|
|||
(1)
|
The
Returning Officer shall then examine the nomination papers and shall decide
all objections which may be made to any nomination and may, either on such
objection or on his own motion, after such summary inquiry, if any, as he
thinks necessary reject any nomination on any of the following ground, that
is to say—
|
||
(a)
|
that the
candidate is disqualified for being chosen to fill the seat by or under the
Act, these rules and bye-laws;
|
||
(b)
|
that the
proposer is disqualified from subscribing a nomination paper;
|
||
(c)
|
that there
has been a failure to comply with any of the provisions of Rule 56N or 56P;
|
||
(d)
|
that the
signature of the candidate or the proposer or the seconder on the nomination
paper is not genuine.
|
||
(3)
|
Nothing
contained in clause (c) or (d) of sub-rule (2) shall be deemed to authorize
the rejection of the nomination of any candidate on the ground of any
irregularity in respect of a nomination paper if the candidate has been duly
nominated by means of another nomination paper in respect of which no
irregularity has been committed.
|
||
(4)
|
The
Returning Officer shall not reject any nomination paper on the ground of any
defect which is not of a substantial character.
|
||
(5)
|
The
Returning Officer shall hold the scrutiny on the date appointed in this
behalf under Rule 56J, and shall not allow any adjournment of the
proceedings, except when such proceedings are interrupted or obstructed by
riot or open violence or by causes beyond his control :
|
||
Provided
that in case any objection is raised by the Returning Officer or is made by
any other person, the candidate concerned may be allowed time to rebut it,
not later than the next day, and the Returning Officer shall record his
decision on the date to which the proceedings have been adjourned.
|
|||
(6)
|
The
Returning Officer shall endorse on each nomination paper his decision
accepting or rejecting the same and, if the nomination paper is rejected, he
shall record in writing, a brief statement of his reasons for such rejection
and a copy of such statement shall be immediately supplied on demand to the
candidate or to the proposer concerned. The copy of such statement shall be
sent invariably to the Registrar or to the District Election Officer, as the
case may be.
|
||
56-S.
|
Publication
of list of valid nomination:-
|
||
Immediately
after all the nomination
papers have been scrutinized and the decisions accepting or rejecting the
same has been recorded, the Returning Officer shall prepare a list of
candidates whose nominations have been accepted or rejected. Immediately on
the next day after the scrutiny is over, the Returning Officer shall affix
the list on his notice board and shall record the date on which and the time
at which the list was so affixed:
|
|||
Provided
that, the Returning Officer shall be competent to include the names of
candidates whose nominations are subsequently held valid, after the period of
appeal by the competent authorities.
|
|||
56-T.
|
Withdrawal
of candidature:-
|
||
(1)
|
Any
candidate may withdraw his candidature
by application in writing and deliver it personally to the Returning Officer
within the stipulated time as specified in the election programme.
|
||
(2)
|
No person
who has given an application of Withdrawal of his candidature shall be
allowed to cancel the applications.
|
||
56-U.
|
Preparation
of list of contesting candidates:-
|
||
(1)
|
On the day
next succeeding the last date
fixed for withdrawal of candidature, the Returning Officer shall prepare and
publish in Form M-5, a list of contesting candidates which means the
candidates whose names have been finally accepted and who has not withdrawn
their candidatures within the prescribed time on the notice board of his
office.
|
||
(2)
|
The said
list shall contain the names in alphabetical order with reference to the
surnames of candidates having surnames and the names proper of other
candidates, in the language in which the list of voters is prepared and the
addresses of the contesting candidates as given in the nomination papers.
|
||
(3)
|
Where a poll
becomes necessary, the Returning Officer shall consider the choice of symbols
expressed by the contesting candidates in their nomination papers and shall—
|
||
(a)
|
allot a
different symbol to each contesting candidate in conformity as far as
practicable, with his choice; and
|
||
(b)
|
if more than
one contesting candidates have indicated their preference for the same
symbol, decide by lot and such allotment shall be final.
|
||
(4)
|
Every
candidate shall forthwith be informed of the symbol allotted to him and be
supplied with a specimen thereof by the Returning Officer.
|
||
56-V.
|
Appointment
of Polling Agents and Counting Agents:-
|
||
(1)
|
At an
election at which a poll is to
be taken, any contesting candidate may appoint one agent and one relief agent
to act as Polling Agents of such candidate, at each polling station. Such
appointment shall be made by a letter in writing in Form M-6, signed by the
candidate.
|
||
(2)
|
The
candidate shall deliver the letter of appointment to Polling Agents who
shall, on the date fixed for the poll, present it to and sign the declaration
contained therein, before the Presiding Officer. The Presiding Officer shall
retain a letter presented to him in his custody. Polling Agent shall not be
allowed to perform any duty at the Polling Stations unless he has complied
with the provisions of this rule.
|
||
(3)
|
The Polling
Agents may work as Counting Agents as per the authority given by the
candidate in Form M-7.
|
||
(4)
|
Each
contesting candidate may appoint not more than two agents to act as Counting
Agents of such candidate by a letter in writing in duplicate in Form M-8,
signed by the candidates. Before the commencement of the counting of votes,
the candidate shall give notice of the appointment of such counting agents to
the Returning Officer by forwarding to such officer the letter of
appointment. The candidate shall also deliver the duplicate copy of the
letter of appointment to the counting agent who shall, on the date fixed for
the counting of votes, present it to, and sign the declaration contained
therein before the Returning Officer. The Returning Officer shall retain the
duplicate copy presented to him in his custody. No counting agent shall be
allowed to perform any duty at the place fixed for the counting of votes,
unless he has complied with these provisions.
|
||
56-W.
|
Death of
candidate before poll:-
|
||
If a
contesting candidate dies and a report
of his death is received by the Returning Officer before the
commencement of the poll, the Returning Officer shall, upon being satisfied
of the fact of the death of candidate, countermand the poll and where the
Returning Officer is not the District Election Officer along with the
proceedings with reference to the election, and the election shall be
commenced in all respect, as if for a new election
|
|||
Provided
that, no further nomination shall be necessary in the case of a person who
was a contesting candidate at the time of the countermanding of the poll :
|
|||
Provided
further that, no person who has given a notice of withdrawal of his
candidature under Rule 56T before the countermanding of the poll shall be
eligible for being nominated as a candidate for the election after such
countermanding.
|
|||
56-X.
|
Uncontested
election:-
|
||
If after the
expiry of the period within which candidatures
may be withdrawn under Rule 56T, the number of candidates in the constituency
whose nominations have been accepted is equal to or less than the number of
seats to be filled, the Returning Officer shall forthwith declare such
candidate or all such candidates to be duly elected to fill the seat or the
relevant number of seats, as the case may be, and shall complete and certify
the declaration in Form M-9 and where the Returning Officer is not the
District Election Officer himself, he shall send signed copies thereof to the
District Election Officer.
|
|||
56-Y.
|
Manner of
voting at elections:-
|
||
At every
election where poll is taken, voters shall
be given by secret ballot in the manner hereinafter provided and no votes
shall be allowed by proxy.
|
|||
56-Z.
|
Ballot Box:-
|
||
Every Ballot
Box shall be of such design as may be approved by the Chief Election Officer.
|
|||
56A-1.
|
Form of
ballot paper:-
|
||
Every ballot
paper shall be in Form M-10 and the names
of candidates shall be arranged in the same order in which they appear in the
list of contesting candidates. However, if two or more candidates bear the
same name, they shall be distinguished by addition of their occupation or
residence or in some other manner which should be determined by the Returning
Officer.
|
|||
56A-2.
|
Arrangement
at Polling Stations:-
|
||
(1)
|
Outside each polling station,
there shall be—
|
||
(a)
|
a notice
specifying the polling area, the voters of which are entitled to vote at the
polling station and where the polling station has more than one polling
booth, at each of such booth, the description of the voters allotted to such
booth, and
|
||
(b)
|
a copy of
the list of contesting candidates.
|
||
(2)
|
At each
polling station, there shall be set-up, one or more voting compartments in
which voters can record their votes screened from observation.
|
||
(3)
|
The
Returning Officer shall provide at each polling station a sufficient number
of ballot boxes, ballot papers, copies of the list of voters in respect of
the polling area or areas, the voters of which are entitled to vote at such
polling station, instruments for stamping the distinguishing mark on ballot
papers and articles necessary for voters to mark the ballot papers. The
Returning Officer shall also provide at each polling station such other
equipments and accessories as may be required for taking the poll at such
polling station.
|
||
56A-3.
|
Admission to
Polling Station:-
|
||
The
Presiding Officer shall regulate the number
of voters to be admitted at any one time inside the polling station and shall
exclude there from all persons other than,—
|
|||
(a)
|
Polling
Officers;
|
||
(b)
|
Public
servants on duty in connection with the election;
|
||
(c)
|
Persons
authorised by the Chief Election Officer, District Election Officer or the
Returning Officer;
|
||
(d)
|
Candidates,
their polling agents, and subject to the provisions of Rule 56V, one polling
agent of each candidate;
|
||
(e)
|
a child in
arms accompanying a voter;
|
||
(f)
|
a person
accompanying a blind or inform voter who cannot move without help;
|
||
(g)
|
such other
persons as the Returning Officer or the Presiding Officer may employ for the
purpose of identifying the voter.
|
||
56A-4.
|
The
preparation of ballot boxes for poll:-
|
||
(1)
|
Where a
paper seal is used for
securing a ballot box, the Presiding Officer shall affix his own signature on
the paper seal and obtain thereon the signatures of such of the polling
agents present as are desirous of affixing the same.
|
||
(2)
|
The
Presiding Officer shall thereafter fix the paper seal so signed in the space
meant there for in the ballot box and shall then secure and seal the box in
such manner that the slit for the insertion of ballot paper remains open.
|
||
(3)
|
The seal
used for securing a ballot box shall be affixed in such manner that after the
box has been closed; it is not possible to open it without breaking the
seals.
|
||
(4)
|
Where it is
not necessary to use paper seals for securing the ballot box, the Presiding
Officer shall secure and seal the ballot box in such a manner that the slit
for the insertion of ballot papers, remains open and shall allow the Polling
Agents present to affix, it they so desire, their seals.
|
||
(5)
|
Every ballot
box used at a polling station shall bear the seal both inside and outside
marked with—
|
||
(a)
|
the serial number, if any, and the name of constituency;
|
||
(b)
|
the serial number and name of the polling station;
|
||
(c)
|
the serial number of the ballot box to be filled in at the end of the
poll on the label outside the ballot box only, and
|
||
(d)
|
the date of poll.
|
||
(5)
|
Immediately
before the commencement of the poll, the Presiding Officers shall demonstrate
to the polling agents and other persons present that the ballot box is empty
and bears the labels referred to in sub-rule (5) of this rule.
|
||
(6)
|
The ballot
box shall then be closed, sealed and secured and placed in full view of the
Presiding Officer and the Polling Agents.
|
||
56A-5.
|
Identification
of voters:-
|
||
(1)
|
The
Presiding Officer may employ at the polling
station such persons as he thinks fit to help in the identification of the
voters or to assist him at the time of taking poll.
|
||
(2)
|
As each
voter enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf, shall check the voter's name
and other particulars with the relevant entry in the list of voters and then
call out the serial number, name and other particulars of the voter.
|
||
(3)
|
In deciding
the right of a person to obtain a ballot paper, the Presiding Officer or the Polling Officer, as the case may be, shall overlook clerical or
printing errors, in any entry in the list of voters, if he is satisfied that
such person is the same voter whom that entry relates.
|
||
56A-6.
|
Challenging
of identity:-
|
||
(1)
|
Any Polling Agent
may challenge the identity of a
person claiming to be a particular voter by depositing a sum of Rs. 2 in cash
with the Presiding Officer for each such challenge.
|
||
(2)
|
On such
deposit being made, by that person, the Presiding Officer shall—
|
||
(a)
|
warn the person challenged of the penalty for personation;
|
||
(b)
|
read the relevant entry in the list of voters in full and ask him
whether he is the person referred to in that entry;
|
||
(c)
|
enter his name and address in the list of challenged voters in Form M-11,
and
|
||
(d)
|
require him to affix his signature in the said list;
|
||
(3)
|
The Presiding Officer shall thereafter, hold a summary inquiry into
the allegations and may for that purpose,-
|
||
(a)
|
require the challenger to adduce evidence in proof of the challenge
and the person challenged to adduce evidence in proof of his identity;
|
||
(b)
|
put to the person challenged any question necessary for the purpose of
establishing his identity and require him to answer them on oath; and
|
||
(c)
|
administer an oath to the person challenged and any other person
offering to give evidence;
|
||
(d)
|
if, after
the enquiry, the Presiding Officer considers that the challenge has not been
established, he shall allow the person challenged to vote, and if he
considers that the challenge has been established, he shall debar the person
challenged from voting;
|
||
(e)
|
if the
Presiding Officer is of the opinion that the challenge is frivolous or has
not been made in good faith, he shall direct that deposit made under sub-rule
(1) be forfeited to the State Election Fund and in the other case, he shall
return it to the challenger at the conclusion of the inquiry.
|
||
56A-7.
|
Safeguard
against personation:-
|
||
With a view
to prevent the personation of
voters, every voter about whose identity the Presiding Officer or the Polling
Officer, as the case may be is satisfied shall allow his left thumb to be
inspected by the Presiding Officer or the Polling Officer and an indelible
ink mark to be put on it.
|
|||
(1)
|
If any voter
refuses to allow his left thumb to be inspected or marked in accordance with
sub-rule (1) or has already such a mark on his left thumb or does any act
with a view to removing the ink mark, he shall not be supplied with any
ballot paper or allowed to vote.
|
||
(2)
|
Any
reference in this rule to the left thumb of a voter, shall, in the case,
where the voter has his left thumb missing, be construed as a reference to
any other finger of his left hand and shall, in the case where all the
fingers of his left hand are missing be construed as a reference to the thumb
or any other finger of his right hand, and shall in the case where all his
fingers of both the hands are missing, be construed as reference to such
extremity of his left or right arms as he possesses.
|
||
56A-8.
|
Issue of
ballot paper:-
|
||
(1)
|
No ballot paper
shall be issued to any voter before
the hour fixed for the commencement of the poll.
|
||
(2)
|
No ballot
paper shall be issued to any voter after the hour for the closing of the
polling, except to those voters, who are present at the polling station at the
time of the closing of the poll. Such voters shall be allowed to record their
votes even after the poll hour’s close.
|
||
(3)
|
Every ballot
paper shall before issue to a voter be—
|
||
(a)
|
stamped with such distinguishing mark at the District Election Officer
may direct; and
|
||
(b)
|
signed in full on its back by the Presiding Officer.
|
||
(4)
|
At the time of issuing a ballot
paper to a voter, the Polling Officer shall record the serial number thereof
against the entry relating to the voter in the copy of the list of voters set
apart for the purpose.
|
||
(5)
|
Save as
provided in sub-rule (4) no person in the polling station shall note down the
serial numbers of the ballot papers issued to particular voters.
|
||
56A-9.
|
Voting
procedure:-
|
||
The voter on
receiving the ballot paper shall forthwith—
|
|||
(a)
|
proceed to
one of the polling compartments;
|
||
(b)
|
there make a
mark on the ballot paper with the instrument supplied for the purpose on or
near the symbols of the candidate for whom he intends to vote;
|
||
(c)
|
fold the
ballot paper, so as to conceal his vote;
|
||
(d)
|
if required,
show the Presiding Officer the distinguished mark on the ballot paper;
|
||
(e)
|
insert the
folded ballot paper into the ballot box;
|
||
(f)
|
quit the
polling station; and
|
||
(g)
|
no voter
shall be allowed to enter a polling compartment when another voter is inside
it.
|
||
56A-10.
|
Procedure
for voting where there are no separate constituencies or more than one seat
to be filled in one constituency:-
|
||
In cases
where there are no
constituencies defined in the bye-laws or where more than one seat is
authorised in the bye-laws for a constituency, voting in so far as these
seats are concerned shall be recorded in accordance with the following
provisions, namely—
|
|||
(a)
|
every voter
shall be entitled to give as many votes as there are seats for filling, which
votes are to be taken but no voter shall give more than one vote to any one
candidate;
|
||
(b)
|
the voter
shall make a mark on the ballot paper with the instrument supplied for the
purpose on or near the symbols of the candidate or candidates for whom he
intends to vote, so however, that no part of any mark so made shall appear in
the space provided for other candidates. The voter shall thereafter fold the
marked ballot paper, so as to conceal his vote and insert the folded ballot
paper into the ballot box and without undue delay leave the polling station.
|
||
56A-11.
|
Recording of
vote of blind or infirm voter:-
|
||
(1)
|
If the
Presiding Officer is satisfied
that, owing to blindness or other physical infirmity, a voter is unable to
recognise the symbols on the ballot paper or to make a mark thereon without
assistance the Presiding Officer shall permit the voter to take with him a
companion of not less than twenty one 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 holding 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
voter at any polling station on the same day.
|
|||
Provided
further that, .before any person is permitted to act as the companion of
voter on any day under this rule, he shall be required to declare in Form
M-12 that he shall keep secret the vote recorded by him on behalf of the
voter and that he has not already acted as the companion of any other voter
at any polling station on that day.
|
|||
(2)
|
The
Presiding Officer shall keep a record in Form M-13 of all such cases under
this rule.
|
||
56A-12.
|
Spoilt and
Returned ballot papers:-
|
||
(1)
|
A voter 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 Presiding Officer and on satisfying
him of the inadvertence, be given another
ballot paper and the ballot paper so returned shall be marked 'Spoilt,
cancelled' by the Presiding Officer.
|
||
(2)
|
If a voter
after obtaining a ballot paper decides not to use it, he shall return it to
the Presiding Officer and the ballot paper so returned shall be marked as
'Returned, cancelled’ by the Presiding Officer,
|
||
(3)
|
All ballot
papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a
separate packet.
|
||
56A-13.
|
Tendered
votes:-
|
||
(1)
|
If a person
representing himself to be a voter applies
for a ballot paper after another person has already voted as such voter, he
shall, on satisfactorily answering such questions relating to his identity as
the Presiding Officer may ask, be entitled to the following provisions of
this rule, to mark a ballot paper hereinafter referred to as a tendered
ballot paper in the same manner as any other voter.
|
||
(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 Form M-14.
|
||
(3)
|
Tendered
ballot paper shall be then same as the other ballot papers used at the polling
station, except that it shall be: -
|
||
(a)
|
serially the last in the bundle of the ballot papers issued for use at
the polling station; and
|
||
(b)
|
Endorsed on the back with the 'tendered ballot paper' by the Presiding
Officer in his own handwriting and signed by him.
|
||
(4)
|
The voter, after marking a tendered ballot paper in the polling
compartment, and folding it, shall, instead of putting it into the ballot
box, give it to the Presiding Officer, who shall place it in a cover
specially kept for the purpose.
|
||
56A-14.
|
Closing of poll:-
|
||
(1)
|
The Presiding Officer shall close a polling station at the hour fixed in that behalf under
Rule 56-K and shall not thereafter admit sany voter into the polling station
:
|
||
Provided
that, all voters present at the polling station before it is closed shall be
allowed to cast their votes.
|
|||
(2)
|
If any
question arises whether a voter was present at the polling station before, it
was closed, it shall be decided by the Presiding Officer and his decision
shall be final.
|
||
56A-15.
|
Sealing of
ballot boxes after poll:-
|
||
(1)
|
As soon as
practicable after closing of
the poll, the Presiding Officer shall, in the presence of any candidates or
their polling agents, close the slit of the ballot box and where the ballot
box does not contain any mechanical device for closing the slip, he shall
seal up the slit and also show any polling agents present to affix his seal.
|
||
(2)
|
The ballot
box shall thereafter be sealed and secured.
|
||
(3)
|
Where it
becomes necessary to use a second ballot box by reason of the first box
getting full, the first box shall be closed, sealed and secured as provided
in sub-rules (1) and (2) before another ballot box is put into the use.
|
||
56A-16.
|
Account of
ballot paper:-
|
||
(1)
|
The
Presiding Officer shall at the close of the poll prepare a ballot paper account in Form M-15 and
enclose it in a separate cover with the words 'Ballot paper account' super
scribed thereon.
|
||
(2)
|
The
Presiding Officer shall permit a polling agent, who so desires to take a true
copy of the entries made in the ballot paper account and shall attest it as
true copy.
|
||
56A-17.
|
Sealing of other packets:-
|
||
(1)
|
The Presiding Officer shall then
make into separate packets; -
|
||
(a)
|
the Marked copy of the list of
voters;
|
||
(b)
|
the unused
ballot papers;
|
||
(c)
|
the covers
containing the tendered ballot papers and the list of the tendered ballot
papers;
|
||
(d)
|
the list of
challenged votes; and
|
||
(e)
|
any other
papers directed by the Returning Officer to be kept in a sealed packet.
|
||
(2)
|
Each such
packet shall be sealed with the seals of the Presiding Officer and those
polling agents present, who may desire to affix their seals thereon.
|
||
56A-18.
|
Transmission of ballot boxes,
packets etc. to the Returning Officer:-
|
||
(1)
|
The Presiding Officer shall then
deliver or cause to be delivered the following to the Returning Officer at
such places as the Returning Officer may direct,—
|
||
(a)
|
the ballot
boxes;
|
||
(b)
|
the ballot
paper account;
|
||
(c)
|
the sealed
packets referred to in Rule 56A-16 of those-rules; and
|
||
(d)
|
all other
papers used at the poll.
|
||
(2)
|
The
Returning Officer shall make adequate arrangements for the safe transport of
all ballot boxes, packets and other papers and for their safe custody until
the commencement of the counting of votes.
|
||
56A-19.
|
Fresh poll
in case of destruction etc. of ballot boxes:-
|
||
(1)
|
If at any election; -
|
||
(a)
|
any ballot
box used at a polling station is unlawfully taken out of the custody of the
Presiding Officer or the Returning Officer or is accidently or intentionally
destroyed or lost, or is damaged or tampered with, to such an extent, that
the result of the poll at the polling station cannot be ascertained; or
|
||
(b)
|
any such
error or irregularity in the procedure as it likely to vitiate poll is
committed at a polling station, the Returning officer (where the District
Election Officer, himself is not the Returning Officer) shall forthwith
report the matter to the District Election Officer.
|
||
(2)
|
The District
Election Officer upon receipt of such report, or of his own motion in the
circumstances stated in sub-rule (1) of this rule after taking into
consideration all material circumstances, either;-
|
||
(a)
|
declare the
poll at the polling station to be void, appoint a day and fix the hours, for
taking a fresh poll at that polling station and notify the day, so appointed
and the hours, so fixed in such manner as may deem fit; or
|
||
(b)
|
if satisfied
that, the result of a fresh poll at that polling station will not, in any
way, affect the result of the election or that the error or irregularity in
procedure is not material, then he may issue such directions to the Returning
Officer or take such action as he may deem proper for the election.
|
||
(3)
|
The
provisions of the Act and the rules or bye-laws made there under, shall apply
to every such poll as they apply to the original poll.
|
||
56A-20.
|
Counting of
votes:-
|
||
At every
election where a poll is taken, votes shall be counted by, or under the supervision and direction of the
Returning Officer and each contesting candidate and his counting agents shall
have a right to be present at the time of counting.
|
|||
56A-21.
|
Admission to
the place fixed for counting:-
|
||
(1)
|
The
Returning Officer shall
exclude from place fixed for counting of votes al persons except –
|
||
(a)
|
such persons
as he may. appoint to assist him in the counting;
|
||
(b)
|
persons
authorised by the District Election Officer;
|
||
(c)
|
Public
servants on duty in connection with the election; and
|
||
(d)
|
Candidates
and their counting agents.
|
||
(2)
|
No person,
who has been employed by the society or has been otherwise working for a
candidate in the election, shall be appointed under clause (1) of sub- rule
(1).
|
||
(3)
|
The
Returning Officer shall decide which Counting Agent or Agents shall watch the
counting at any particular counting table or group of counting tables.
|
||
56A-22.
|
Scrutiny and opening of ballot
boxes:-
|
||
(1)
|
The
Returning Officer may have the ballot boxes used at more than one polling
station opened and their contents counted simultaneously.
|
||
(2)
|
Before any
ballot box is opened at a counting table the Counting Agent present at that
table shall be allowed to inspect the paper seal or such other seal as might
have been affixed thereon and to satisfy them selves that it is intact.
|
||
(3)
|
The
Returning Officer shall satisfy himself that none of the ballot boxes has in
fact been tampered with. He shall not count the ballot papers contained in
tampered box and shall follow the procedure laid down in Rule 56A-19 in
respect of that polling station.
|
||
56A-23.
|
Scrutiny and rejection of ballot
papers:-
|
||
(1)
|
The ballot
papers taken out of each ballot box shall be arranged in convenient bundles
and scrutinized.
|
||
(2)
|
The
Returning Officer shall reject a ballot paper;-
|
||
(a)
|
it if bears
any mark or writing by which the voter can be identified, or
|
||
(b)
|
if no vote
is recorded thereon, or
|
||
(c)
|
if votes are
given on it in favour of more than one candidate where only one candidate is
to be elected, or
|
||
(d)
|
where more
than one candidate is to be elected, if the voter has recorded on the ballot
paper more votes than he is entitled to give, or
|
||
(e)
|
if the mark
indicating the vote thereon is placed in such manner as to make it doubtful
to which candidate the vote has been given, or
|
||
(f)
|
if it is a
spurious ballot paper, or
|
||
(g)
|
if it is so
damaged or mutilated that its identity as a genuine ballot paper cannot be
established, or
|
||
(h)
|
if it bears
a serial number, or is of a design different from the serial number or, as
the case may be, design of the ballot papers authorised for use at the
polling station.
|
||
(i)
|
if it does not bear the mark which it have borne under the provisions
of sub-rule (3) of Rule 56A-8;
|
||
Provided that;-
|
|||
(i)
|
where a
Returning Officer is satisfied that any such defects as is mentioned in
clause (g) or (h) of this sub-rule has been caused by any mistake or failure
on the part of the Presiding Officer or the Polling Officer, the ballot paper
shall not be rejected merely on the ground of such defect;
|
||
(ii)
|
a ballot
paper shall not be rejected merely on the ground that the mark indicating the
vote is indistinct or made more than once, if the intention that the vote
shall be for a particular candidate clearly appears from the way the paper is
marked;
|
||
(iii)
|
before
rejecting any ballot paper under sub-rule (2) of this rule the Returning
Officer shall allow each Counting Agent present a reasonable opportunity to
inspect the ballot paper.
|
||
(3)
|
The
Returning Officer shall record on every ballot paper which he rejects the
letter 'R' and the grounds of rejection in abbreviated form either in his own
hand or by means of a rubber stamp.
|
||
(4)
|
All ballot
papers rejected under this rule shall be bundled together.
|
||
56A-24.
|
Procedure
for counting of votes:-
|
||
(1)
|
Every ballot
paper which is not rejected
under Rule 56A-23 shall be counted as one valid vote provided that, no cover
containing tendered ballot papers shall be opened and no such paper shall be
counted.
|
||
(2)
|
After the
counting of all ballot papers contained in all the ballot boxes used at a
polling station has been completed, the Returning Officer shall make the
entries in a result-sheet in Form M-16 and announce the particulars.
|
||
(3)
|
The valid
ballot papers shall thereafter be bundled together and kept along with the
bundle of rejected ballot papers in a separate packet which shall be sealed
and on which the following particulars shall be recorded, namely :-
|
||
(a)
|
the name of
the constituency;
|
||
(b)
|
the
particulars of the polling station where the ballot papers have been used; and
|
||
(c)
|
the date of
counting.
|
||
56A-25.
|
Counting to
be continuous:-
|
||
The
Returning Officer shall, as far as particular
proceed continuously with the counting of votes and shall, during any
intervals when the counting has to be suspended, keep the ballot papers,
packet and other papers relating to the election sealed with his own seal and
the seals of such candidates or counting agents as may desire to affix their
seals and shall cause adequate precautions to be taken for their safe custody
during such intervals.
|
|||
56A-26.
|
Procedure
for counting of votes where there are no Separate constituencies or more than
one seat to be filled in one constituency:-
|
||
In cases where there are no
constituencies defined in the bye-laws or where more than one seat is
authorised in the bye-laws for a constituency, counting of votes for these
seats shall be done in the following manner, namely :
|
|||
(a)
|
The counting
of votes shall be done by and under the supervision of the Returning Officer,
with the assistance of such persons as he may appoint to assist in the
counting of votes.
|
||
(b)
|
After each
ballot box is opened for counting clearly valid voting papers shall be
separated from invalid and doubtful voting papers. The invalid and doubtful
voting papers shall be submitted to the Returning Officer for decision. The
valid voting papers shall thereafter be taken for counting and the votes
recorded in favour of each candidate shall be counted with the aid of persons
appointed to assist in the counting of votes.
|
||
(c)
|
The
Returning Officer shall allow the candidates and their counting agents, who
be present reasonable opportunity to inspect all voting papers which in the
opinion of the Returning Officer are liable to be rejected but shall not
allow them to handle those or any other voting papers. The Returning Officer
shall on every voting paper which is rejected endorse the letter “R” If any
candidate or his counting agent questions the correctness of the rejection of
any voting paper the Returning Officer shall also record briefly on such
voting paper the ground, for its rejection.
|
||
(d)
|
After the
counting of all voting papers contained in all the ballot boxes used has been
completed, the Returning Officer shall cause to be sealed up in separate
packets with a description endorsed on each such packet of the voting papers
counted and that voting papers rejected.
|
||
(e)
|
The
Returning Officer shall as far as practicable proceed continuously with the
counting of the votes and shall during any intervals when the counting has to
be suspended, keep the voting paper packets and other documents relating to
the election sealed with his own seal and the seal of such candidate or
Counting Agents as may desire to affix their seals and shall cause adequate
precautions to be taken for their safe custody.
|
||
(f)
|
After the
counting of ballot papers contained in all the ballot boxes used at all the
polling stations had been completed, the Returning Officer shall prepare a
consolidated statement recording therein the total number of votes polled by
each candidate.
|
||
56A-27.
|
Recommencing
of counting after fresh poll:-
|
||
(1)
|
If a fresh
poll is held under Rule
56A-19, the Returning Officer shall after completion of that poll, recommence
the counting of votes on the date and at the time and place which have been
fixed by him in that behalf and of which notice has been previously given to
the candidates.
|
||
(2)
|
The
provisions of Rules 56A-23 and 56A-24 shall apply so far as may be to such
further counting.
|
||
56A-28.
|
Recount of
votes:-
|
||
(1)
|
After the
completion of counting the Returning Officer
shall record in the result sheet in Form M-16 the total number of votes
polled by each candidate and announce the same :
|
||
Provided
that, when an equality of votes is found to exist between any candidates
either for the reserved or the unreserved seats and the addition of one vote
will entitle any of the candidate to be declared elected, the determination
of the person or persons to whom such an additional vote shall be deemed to
have been given shall be made by lots to be drawn in the presence of the
Returning Officer and the candidates who may desire to be present, and in
such manner as the Returning Officer may determine.
|
|||
(2)
|
After such
announcement has been made, a candidate or, in his absence, his Polling Agent
may apply in writing to the Returning Officer for a recount of all or any of
the ballot papers already counted stating the grounds on which the demands
such recount.
|
||
(3)
|
On such
application being made, the Returning Officer shall decide the matter and may
allow the application in whole or in part or may reject totally, if it
appears to him to be frivolous or unreasonable.
|
||
(4)
|
Every
decision of the Returning Officer under sub-rule (3) shall be in writing and
contain the reasons there for
|
||
(5)
|
If the
Returning Officer decides under sub-rule (3) to allow an application either
in whole or in part, he shall;-
|
||
(a)
|
count the
ballot papers again in accordance with his decision;
|
||
(b)
|
amend the
result sheet in Form M-16 to the extent necessary after such recount ; and
|
||
(c)
|
Announce the
amendment so made by him.
|
||
(6)
|
After the
total number of votes polled by each candidate has been announced under
sub-rule (1) or sub-rule (5), the Returning Officer shall complete and sign
the result sheet in Form M-16:
|
||
Provided
that, no steps under this sub-rule shall be taken on the completion of the
counting until the candidates present at the completion thereof have been
given a reasonable opportunity to exercise the right conferred by sub-rule
(2).
|
|||
56A-29.
|
Declaration
of result and publication of names of the members of the committee:-
|
||
The
Returning Officer shall then declare the candidate to whom the highest number of valid
votes-has been given as having been elected and certify the return of
election in Form M-17 and where the District Election Officer himself is not
the Returning Officer shall send signed copies thereof to the District
Election Officer. On receipt of the declaration, the District Election
Officer shall publish the names of all elected committee members by causing a
list of such names together with their permanent addresses and the names of
the constituencies from which they are elected on the notice board of his
office and shall send a copy thereof to the, registered address of the
society concerned for affixing it on the notice board and also for its
record. The District Election Officer shall send a list of the elected
committee members to the Chief Election Officer.
|
|||
56A-30.
|
Return of
forfeiture of candidate's deposit:-
|
||
(1)
|
The deposit
made under Rule 56P shall
either be returned to the person making it or representative heir or be
forfeited to the State Election Fund in accordance with the provisions of
sub-rule (3) of Rule 56A-6.
|
||
(2)
|
Except in
cases hereinafter mentioned in this rule, deposit shall be returned as soon
as practicable after result of the election is declared.
|
||
(3)
|
If the
candidate is not-shown in the list of contesting candidates, or he dies
before the commencement of the poll, the deposit shall be returned as soon as
practicable after the publication of the list or after his death, as the case
may be.
|
||
(4)
|
Subject to
the provisions of sub-rule (3), the deposit shall be forfeited to the State
Election Fund, if at an election, where a poll has been taken, the candidate
is not elected and the number of valid votes polled by him does not exceed
one-tenth of the total number of valid votes polled by all the candidates or,
in the case of election of more than one member at the election one-tenth of
the number of valid votes, so polled divided by the number of members to be
elected.
|
||
56A-31.
|
Custody of
papers relating to elections:-
|
||
The
Returning Officer shall have
the custody of packets referred to in Rule 56A-17 and all other papers
relating to the election for a period of 3 months from the date of
declaration of result and such packet shall be handed over to the Election
Officer.
|
|||
56A-32.
|
Production
and inspection of election paper:-
|
||
(1)
|
While in
custody of District Election
Officer:
|
||
(a)
|
the packets
of unused ballot papers;
|
||
(b)
|
the packets
of used ballot papers, whether valid, tendered or rejected;
|
||
(c)
|
the marked
copies of the voters list, shall not be opened and their contents shall not
be inspected by or produced before any person or authority except under the
order of the court or other competent authority.
|
||
(2)
|
All other papers relating to the
election shall be open to public inspection.
|
||
56A-33.
|
Disposal of election papers:-
|
||
The packet
referred to in Rule 56A-32 shall be
retained for a period of one year and shall thereafter be destroyed subject
to any directions to the contrary given by the Court or other competent
authority.
|
|||
56A-34.
|
Casual
vacancies how to be filled in:-
|
||
In the event
of vacancy occurred on account
of death, resignation or otherwise, it shall be filled in by the society,
according to the provision of bye-laws of the society.
|
|||
56A-35.
|
Election of
office bearers:-
|
||
As soon as
the members of the committee are
elected and necessary co-option or appointment as the case may be of members
to the reserved seats under Section 73B or 73BB as the case may be or
wherever such* election is due, the election of the officer or officers of
any such notified society shall be held as provided in its bye-laws but any
meeting of the committee for this purpose be presided over by the Registrar
or as Officer nominated by him in this behalf.
|
|||
.jpg)
.jpg)
.png)
.png)