The Bihar Panchayat Election Rules, 2006

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GOVERNMENT OF BIHAR

PANCHAYATI RAJ DEPARTMENT

NOTIFICATION

No. -

5558 Patna, dated 31.10.2008

In exercise of powers conferred by section 146 of the Bihar Panchayat

Raj Ordinance, 2006 (Bihar Ordinance 01, 2006) the Governor of Bihar

makes the following Rules :-

The Bihar Panchayat Election Rules, 2006

CHAPTER 1

1. Short title and commencement -

the Bihar Panchayat Election Rules, 2006

(2) It shall come into force immediately.

(1) These rules may be called

2. Definition :-

context :—

(a) "Ordinance" means Bihar Panchayat Raj Ordinance, 2006;

(b) "Section" means section of the Ordinance;

(c) "Election" means direct or indirect election of the office bearers

of Gram Panchayat; Gram Katchahry, Panchayat Samiti and

Zila Parishad subject to the Ordinance;

(d) "Bye-election" means election to be held for filling casual

vacancies;

(e) "Commission" means State Election Commission constituted

under Section 123 of the Ordinance;

(f) "District Election Officer (Panchayat)" (hereinafter referred as

District Election Officer) means the officer designated or

nominated by the Commission to conduct direct election of the

Panchayats;

(g) "District Deputy Election Officer (Panchayat)" (herein after

referred as District Deputy Election Officer ) means the Officer

designated or nominated as such under these Rules;

(h) 'Returning Officer(Panchayat)' (herein after referred as

Returning Officer) means the officer appointed as such under

these Rules;

(i) "Assistant Returning Officer (Panchayat)" (herein after referred

as Assistant Returning Officer) means the officer appointed

as such under these Rules;

(j) "District Panchayat Raj Officer" means an officer appointed or

designated as such by the Government;

Unless there is anything repugnant in the subject or

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(k) "Presiding Officer (Panchayat)" (herein after referred as Presiding

Officer) means the officer appointed as such under these Rules;

(l) "Elector" or "Voter" means the person whose name is enrolled in

the electoral roll meant for the purpose of elections to be held

for Gram Katchahry, Gram Panchayat, Panchayat Samiti and Zila

Parishad;

(m) "Electoral Roll" means the electoral roll prepared under section

126 of the Ordinance;

(n) "Marked copy of Electoral roll" means that copy of the electoral

roll which is kept separately in an election for the purpose of

marking the names of the voters while issuing ballot-paper to

them;

(o) "Counterfoil" means the counterfoil attached to a printed ballot

paper;

(p) "Constituency" means a constituency of Gram Panchayat, Gram

Katchahry, Panchayat Samiti and Zila Parishad which includes

their territorial constituencies also;

(q) "Territorial Constituency" means the constituency of the members

of Gram Panchayat, Gram Katchahry, Panchayat Samiti and Zila

Parishad;

(r) "Polling Station" means the place fixed for the purpose of polling

for the election of a Panchayat;

(s) "Ballot box" means any box , bag or other receptacle used for the

purpose of casting votes by the voters in an election;

(t) "Premises" means any land, building or any portion of a building and

includes any cottage or other structure or any portion of the same;

(u) "Vehicle" means vehicle worthy of being used for the purpose

of election whether drived mechanically or otherwise;

(v) "Corrupt practice" means the practice described in Section 141

of the Ordinance;

(w) "Schedule" means the Schedule annexed to these Rules;

(x) "Form" means forms annexed to these Rules; provided that in

specific circumstances and to remove the practical difficulties, the

Commission may make necessary modifications in any of the such

forms.

The terms and expressions used in these Rules but not defined

will have the same meaning as have been assigned to them in the

Ordinance.

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CHAPTER 2

Constitution and assignment of number to the Constituencies

3. Points to be considered in the constitution of territorial

constituencies :—

Panchayat, Panchayat Samiti, Zila Parishad and Gram Katchahry the areas

falling within their jurisdiction shall be divided into territorial constituencies

by the District Magistrate under sections 12, 37,64 and 90 of the Ordinance

respectively under the direction, control and supervision of the State Election

Commission.

(2) Each territorial constituency will consist of contiguous localaties

and it will be so constituted in such a manner that each territorial constituency

may consist of a population, as far as practicable, identical with the other

and the boundaries of each territorial constituency to be clearly defined

separating it with the other by natural or artificial elements; provided that —

(a) the population of each territorial constituency of a Gram

Panchayat will be 500 or close to that, as may be practicable ;

(b) the population of each territorial constituency of a Panchayat

Samiti will be 5000 or close to that, as may be practicable;

(c) the population of each territorial constituency of Zila

Parishad will be 50,000 or close to that, as may be practicable;

Provided further that, if any difficulty arises in the demarcation of

territorial constituencies according to the yardstick mentioned above or in

other exceptional circumstances, the District Magistrate shall, decide the

matter in accordance with the guidelines obtained from the State Election

Commission.

(1) For the purpose of holding election of Gram

4. Constitution of the territorial constituencies of a Gram

Panchayat :—

constituted in such a manner that all the territorial constituencies of the Gram

Panchayat are covered under the Gram Panchayat concerned.

The territorial constituencies of Gram Panchayats shall be

5. Constitution of the territorial constituencies of a Panchayat

Samiti:—

constitued in such a manner that —

(i) All the territorial constituencies of the Panchayat Samiti are covered

under the area of the Panchayat Samiti concerned;

(ii) Each of the territorial constituencies of the Panchayat Samiti is

covered under the specified Gram Panchayat area; and

(iii) In any circumstances the territorial constituency of the Gram

Panchayat must not be spilitted due to the constitution of the territorial

constituencies of the Panchayat Samiti.

The territorial constituencies of a Panchayat Samiti shall be

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6. Constitution of the territorial constituencies of a Zila

Parishad :—

constitued in such a manner that —

(i) All the territorial constituencies of the Zila Parishad are covered

under the area of Zila Parishad concerned;

(ii) Each of the territorial constituencies of the Zila Parishad is covered

under the area of the specified Panchayat Samiti; and

(iii) In any circumstances the territorial constituency of the Panchayat

Samiti must not be spilitted due to the constitution of territorial

constituencies of the Zila Parishad.

The territorial constituencies of a Zila Parishad shall be

7. Procedure for assignment of number to the constituencies :—

The constituencies shall be numbered in the following manner, viz.—

(1) Starting from the north-west of the Panchayat Samiti to the south-east,

each Gram Panchayat will be serially numbered. Firstly, the name of the

district, then stroke, then the number assigned to the Gram Panchayat and

lastly the name of the Gram Panchayat will be entered, viz., Patna/1- Magarpal

Gram Panchayat electoral constituency;

(2) Starting from the noth-west of the Gram Panchayat to its south-east,

each territorial constituency of that Gram Panchayat will be serially numbered.

Firstly, the name of the district, then storke, then the number assigned to the

Gram Panchayat and name of the Gram Panchayat, then stroke and thereafter

the number assigned to the territorial constituency will be entered, viz; Patna

/1-Magarpal Gram Panchayat/territorial electoral constituency-1.

(3) Starting from the north-west of the district to its south-east, each

Panchayat Samiti will be serially numbered. Firstly, the name of the district,

then stroke, thereafter the number assigned to the Panchayat Samiti and the

name of the Panchayat Samiti will be entered, viz; Patna/1 - Maner Panchayat

Samiti electoral constituency.

(4) Starting from the north-west of the Panchayat Samiti to its south-east,

each territorial constituency of that Panchayat Samiti will be serially numbered.

Firstly, the name of the district, then stroke, then the number assigned to the

Panchayat Samiti and its name thereafter stroke and then the number

assigned to the territorial electoral constituency will be entered, viz; Patna/1-

Maner Panchayat Samiti/territorial electoral constituency -1;

(5) Starting from the north-west of the Zila Parishad to its south-east, each

territorial constituency of the Zila Parishad will be serially numbered. Firstly

the name of the Zila Parishad, then stroke and thereafter the number assigned

to the territorial constituency will be entered, viz. Patna Zila Parishad/territorial

electoral constituency-1.

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8. Publication of the list of territorial electoral constituencies : —

(1) The list of the territorial electoral constituencies prepared by the District

Magistrate under this rule shall, in the cases of Gram Panchayat and

Panchayat Samiti, be published in the offices of the Gram Panchayat and

the Block concerned, and in the case of Zila Parishad in the offices of the

Block, the Sub-divisional Magistrate and the District Magistrate concerned

in

(2) Any objection with regard to anything contained in the list

published under sub-rule (1) shall be submitted in writing to the District

Magistrate or an officer authorised by him within fourteen days from the date

of publication of the list.

(3) On receipt of an objection under sub-rule(2) the District Magistrate

or the officer authorised by him shall, after necessary verification, record his

decision which shall be final.

(4) The list of territorial constituencies prepared in

be published by the District Magistrate in the offices of the Gram Panchayat

and the Block concerned in case of Gram Panchayat and Panchayat Samiti

and in the offices of the Block, the Sub-divisional Magistrate and the District

Magistrate concerned in the case of Zila Parishad and also in the District

gazette and a copy of the same to be furnished to the State Election

Commission and the Director, Panchayat Raj.

Form-1.FORM -1 shall

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CHAPTER 3

Reservation/allotment of constituencies

9. Determination of seats for reservation in the constituencies:—

(1) Separate electoral constituencies shall be reserved for and alloted to

the members of the Scheduled Castes, Scheduled Tribes, Backward

Classes and Women of these categories subject to the sections 13, 15, 38,

40, 65, 91 and 93 of the Ordinance respectively for election of Member of

Gram Panchayat, Mukhiya, Member of Panchayat Samiti, Pramukh, Member

of Zila Parishad, Panch and Sarpanch of Gram Katchahry by the District

Magistrate under the direction, control and supervision of the State Election

Commission.

(2) For election of the Chairman (Adhayksh) of Zila Parishad, separate

electoral constituencies shall be reserved for and alloted to the members of

the Scheduled Castes, Scheduled Tribes, Backward Classes and Women

of these categories, subject to section 67 of the Ordinance, by the State

Election Commission.

(3) After reservation and allotment of seats to the Scheduled Castes and

the Scheduled Tribes under sub-rule (1) the number of seats out of the

remaining seats to be reserved for the persons of the Backward Classes

and women of these classes shall be as nearly as possible but not exceeding

twenty percent of the total seats, subject to the overall limit of fifty percent

reservation for all categories and allotment of those to be made in descending

order of the total population of the remaining constituencies by the District

Magistrate under the direction, control and supervision of the State Eleciton

Commission.

Similarly, separate constituencies shall be reserved and allotted by the

State Election Commission; to the Backward Classes and Women of this

category (in descending order of the total population of the remaining

constituencies) under section 67 of the Ordinance for election to the post of

Adhyaksha of Zila Parishad

Provided that in case of population of more than one electoral

constituencies being equal the constituency coming first in the order of serial

number shall be reserved for that category.

10. Procedure of calculation of the number of posts for the purpose

of reservation :—

the purpose of reservation shall be made in accordance with to the procedure

prescribed by the State Election Commission.

The calculation of the number of posts of Panchayat for

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11. Allotment of the Constituencies for Scheduled Castes, Scheduled

Tribes, Backward Clasess and other categories in Panchayats :—

As far as possible, only such constituencies shall be allotted to different

categories in admissible number and in rotation whose population, on the

basis of calculation in the descending order by the District Magistrate, is

found comparatively higher than other categories; provided that, as far as

possible, those constituencies out of the remaining constituenies as

prescribed in sub-rule (3) of Rule 9, shall be alloted to the Backward Clasess

category in addmissible number and on rotational basis whose population

comes first in descending order of their (of the remaining constituencies)

total population.

Provided that, in the first election for the purpose of allotment of

constituencies admissible to different categories, allotment of constituency

shall be made in the order of Scheduled Castes, Scheduled Tribes and

others and for the allotment of the remaining constituencies the same order

will be repeated :

Provided further that, in the second election for the purpose of allotment

of constituencies admissible to different categories, allotment of constituency

shall be made in the order of Scheduled Tribes, Backward Classes, others

and Scheduled Castes and for the allotment of the remaining constituencies

the same order will be repeated :

Provided further that, in the third election for the purpose of allotment

of constituencies admissible to different categories, allotment of constituency

shall be made in the order of Backward Classes, others, Scheduled Castes

and Scheduled Tribes and for the allotment of the remaining constituencies

the same order will be repeated:

The same rotation shall be followed for the allotment of constituencies

in subsequent elections.

(2) Allotment of constituencies in Gram Katchahry :

The system of rotational allotment prescribed in sub-rule (1) shall be

applicable to Gram Panchayat, Panchayat Samiti and Zila Parishad only. In

case of Gram Katchahry the election conducted under this Act shall be

deemed to be the first election. In the first election of Gram Katchahry, the

order of Scheduled Castes, Scheduled Tribes, Backward Classes and others

shall be followed for allotment of electoral constituencies in admissible

numbers to different categories whereas in the second election the order

shall be Scheduled Tribes, Backward Classes, Others and Scheduled Castes

and in the third election Backward Classes, Others, Scheduled Castes and

Scheduled Tribes, and this order shall be repeated for allotment of the rest

of the electoral constituencies.

(3) A reserved constituency shall not be reserved for the same category in

the next election.

(1)

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Provided that, if any constituency was reserved for women of any

particular category, in the next election that constituency may be reserved

for women of a different category.

Provided further that, if any constituency was reserved for women in

other (unreserved) category, in the subsequent election it shall not be

reserved for women in other (unreserved) category.

But if there is no alternative, the allotted constituency of any particular

category in the previous election may be re-alloted to the same category in

the subsequent election.

12. Fifty percent reservation for post of women :-

reserved and unreserved categories as nearly as fifty percent but not more

than that, seats shall be reserved for women of that category and the

calculation of number of seats so reserved shall be done in accordance

with the procedure prescribed by the State Election Commission.

In all seats of

13. Reservation for women in the first election :-

post available for a particular category, that post shall be reserved for women

of that category in the first election. If in the subsequent election also only

one constituency is reserved for that category, that constituency shall not be

reserved for women.

If there is only one

14. Allotment of constituencies for women :—

reserved for each category; the constituencies coming first in the descending

order of population shall be alloted to women of that category in admissible

number.

In the constituencies

15. Maintenance of Registers relating to constituency wise

reservation :—

of constituencies shall be got prepared constituency wise/territorial

constituency wise in

(a) Gram Panchayat Member / Panch -

Territorial constituency wise At Block level through

(b) Panchayat Samiti Member - the District Magistrate

Territorial Constituencywise

(c) Mukhiya/Sarpanch -

Electoral Constituency wise

(d) Zila Parishad Member - At District level through

Territorial Constituencywise the District Magistrate

(e) Panchayat Samiti Pramukh -

Territorial Constituency wise

(f) Adhyakash, Zila Parishad - At the State level through the

Territorial constituency wise State Election Commission:

Registers related to population with regard to reservationFORM-2 by the Commission at the following level, viz.—

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Provided that, a copy of each of the registers prepared at Block and

District level shall be furnished to the Commission by the District Magistrate

and one copy of each register shall be preserved in the Block and District

offices.

16. Publication of the list of reserved constituencies by the District

Magistrate :—

District Magistrate shall be published in

Panchayat, Block, Sub-Divisional Magistrate and District Magistrate, and one

copy of each shall be preserved in the Block and District offices.

The list of the constituencies reserved/unreserved by theForm - 3 in the offices of Gram

17. Publication of the list of constituencies reserved by the

Commission :—

level of Commission shall be published in

Commission and the District Magistrates.

The list of constituencies reserved /unreserved at theForm - 3 in the offices of the

18. Publication of the list of reserved constituencies in the

Gazattes :—

rules 16 and 17 shall be published in the District Gazette /Bihar Gazette, as

the case may be.

The list of reserved/unreserved constituencies published under

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CHAPTER 4

Electoral Roll

19. Preparation of Electoral Roll :—

Ordinance and these Rules, constituencywise electoral roll shall be prepared

by the District Election Officer under the direction, control and supervision

of the State Election Commission.

Subject to the provisions of the

20. Assistance of the officers and staff to be sought by District

Election Officer :—

District Election Officer may take assistance of such officers and staff posted

in the State Government Offices, Public Undertakings of the State and

Institutions getting financial aid from the State Government posted in the

district and other places and whose services are made available to him.

The District Election Officer may also take the assistance of the officers

and staff of the Central Government Offices or Central Public Undertakings

or institutions getting financial aid from the Central Government with consent

of the competent authority of such offices/public undertakings/institutions.

For the purpose of preparation of electoral roll, the

21. Draft of the Electoral Roll :—

roll of Gram Panchayat shall be prepared in

the Ordinance. The electoral roll of different constituencies shall take shape

by clubbing together all such electoral rolls of territorial constituencies,

prepared as such.

The territorial constituencywise electoralForm-IV under section 126 of

22. Publication of Electoral Roll :—

constituencies and the constituency and constituencies so prepared shall

be published according to the schedule prescribed by the State Election

Commission, for fourteen days at the following places, viz. -

Territorial Constituency of In offices of the Gram

Gram Panchayat— Panchayat and the Block

concerned.

Constituency of Gram Panchayat — In offices of the Gram

Panchayat and the Block

concerned.

Territorial Constituency of In the office of the Block

Panchayat Samiti concerned.

Territorial Constituency of In offices of the Block

Zila Parishad and the District Magistrate

concerned.

The electoral roll of the territorial

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23. Amendment in the Electoral Roll :—

supervision of the State Election Commission, the District Election Officer

may, on a written application made within the time limit specified in rule 22 or

suo motu, remove any defect in the electoral roll prepared under rule 21 and

published under rule 22 and the electoral roll shall be amended accordingly.

Under the direction, control and

24. Obtaining a copy of the Electoral Roll :—

depositing the fee prescribed by the Commission, may obtain a certified

copy of the electoral roll from the offices of the District Magistrate or the

Block Development Officer.

Any person, after

25. Preservation of the Electoral Roll :—

be preserved in the record room by the District Election Officer.

A copy of the electoral roll shall

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CHAPTER 5

Polling Station

26. Selection of Polling station :—

with the approval of the State Election Commission, select polling stations

for each constituency.

The District Election Officer Shall,

27. Publication of the list of Polling Stations :—

Officer shall publish the list of polling stations in the manner prescribed

under sub-rule (1) of Rule 8;

Provided that, before the final publication of the list, the approval of the

State Election Commission shall be obtained;

Provided further that, if found necessary on reasonable grounds, the

State Election Commission may give orders for alternation in the list of polling

stations even after its final publication. In any circumstances the District

Election Officer, cannot make any alternation in the list approved by the

Commission without its permission or in anticipation of the approval of the

Commission.

The District Election

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CHAPTER 6

Administrative Machinery for the conduct of election

28. Making available the services of officers and staff :—

Government, whenever such requisition is made, shall make available to the

Commission the services of the staff and officers necessary for the conduct

of election of Panchayats.

The State

29. District Election Officer and District Deputy Election Officer to

be designated or nominated :—

to Panchayats, the Commission shall designate or nominate the District

Magistrate as District Election Officer (Panchayat) for each district and shall

designate or nominate one or more District Deputy Election Officer for

assistance of the District Election Officer (Panchayat), who should be District

Panchayat Raj Officer or a Deputy Collector in the equivalent rank :

Provided that, subject to the direction, control and supervision of the

State Election Commission the District Election Officer shall co-ordinate

and supervise all the works relating to the conduct of election in the area

under his jurisdiction.

For the purpose of conduct of elections

30. Appointment of Returning Officer :—

Commission or on being authorised by it, the District Election Officer shall

appoint a Returning Officer for the conduct of elections to Panchayats who

shall not be below the rank of Block Development Officer/Circle Officer/

Deputy Collector.

The State Election

31. Appointment of Assistant Returning Officer :—

Commission or on being authorised by it, the District Election Officer, shall

appoint, one or more Assistant Returning Officers, to assist the Returning

Officer in the discharge of his functions, who shall be an officer of the State

Government.

The State Election

32. Appointment of Presiding Officer and Polling Officer :—

polling station, the District Election Officer shall, appoint a Presiding Officer

and such number of polling officer or officers to assist the Presiding Officer

as he may deem necessary;

Provided that, any person who is a Government servant or a servant of

a Government Company or a servant of Government aided institution, may

be appointed as Presiding Officer/Polling Officer :

Provided further that, in the case a polling officer being absent from

the polling station, the presiding officer may, under the proviso above, appoint

any person present at the polling station other than the persons appointed

For each

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by the candidate or on his behalf or has been doing other work for him as

polling officer and inform the District Election Officer accordingly :

Provided further that, the polling officer, on being authorised by the

presiding officer subject to the direction of the State Election Commission,

shall perform all or any of the functions of the presiding officer under the

Ordinance or the rules framed thereunder.

33. Discharge of the functions of the Presiding Officer due to

unavoidable reason :—

other unavoidable reason is compelled to be absent from the polling station,

his functions shall be performed by such polling officer who has been so

authorised previously by the Returning Officer to perform such functions

during such absence.

If the presiding officer owing to illness or on any

34. Duty of Presiding Officer :

officer to maintain order at the polling station and see that the poll is properly

going on.

It shall be the general duty of a presiding

35. Duty of Polling Officer:—

assist the Presiding Officer of such polling station in the discharge of his

functions.

It shall be the duty of a Polling Officer to

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CHAPTER 7

Conduct of Election

36. Fixation of different stages of election :—

election programme prescribed by the Commission, the District Election

Officer shall through a notice in

(a) the last date, time and place for filing nomination, such date being

the seventh day from the next day of the publication of such notice,

or if that day being a public holiday, the next successive day not to

be a public holiday;

(b) the date, time and place for scrutiny of nomination papers which

shall not be a date later than three days after the last day fixed for

filing of nomination paper,

provided that one or more successive dates may be appointed

for the scrutiny of nominations, and if the last day of scrutiny being

a public holiday, the next successive day not to be a public holiday;

(c) the last date for withdrawal of candidature, which shall be a date

not later than two days after the date of scrutiny of nomination, or if

that day being a public holiday, the next day which not to be a public

holiday;

(d) the date and time on which poll, if necessary, to be held; and

(e) the date, time and place for counting of votes.

In accordance with theForm - 5 specify —

37. Mode of publication of notice under rule 36 :—

the notice under rule 36 shall be made at least twenty days before the date

appointed for the poll and a copy of such notice shall also be published in

offices of Zila Parishad, Panchayat Samiti and Gram Panchayat concerned.

The publication of

38. Filing of nomination paper by Candidates :—

file a nomination paper as a candidate to fill up any seat provided he is

qualified to be elected for that seat under the provisions of the Ordinance

and not disqualified under section 136 of the Ordinance.

(2) Each nomination paper under sub-rule (1) shall be filed in

39. Presentation of nomination paper :—

appointed under clause (a) of rule 36, each candidate shall in person, within

the time and the place appointed in the notice under rule 36, deliver to the

Returning Officer or the Assistant Returning Officer authorised for this

purpose by the Returning Officer, a nomination paper duly filled in

(1) Any person mayForm - 6(1) On or before the dateForm-6

and subscribed by the candidate and a voter of the concerned constituency

as his proposer;

Provided that a person, who is subject to any disqualification as a voter

under the Act shall not be eligible to subscribe to any nomination paper as a

proposer,

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(a) Any person, who is enrolled in the voter list of the concerned territorial

constituency and who not being disqualified under sub section (1) of section

136 of the Ordinance, may be a proposer of nomination;

(b) A person can not be a proposer for more than one candidate;

(c) Any person, who is himself a candidate for a particular constituency,

can not be a proposer for any other candidate of the same constituency;

(d) The proposer for a candidate of a particular constituency can not be a

candidate himself for election from the same constituency;

(e) A proposer once having subscribed to a nomination paper shall not be

allowed to withdraw the same;

(f) No nomination paper shall be received by a Returning officer unless it

is accompanied by the following papers :-

(i) A declaration in prescribed form regarding enrollment of the

candidate and proposer as an elector,

(ii) A declaration in prescribed form regarding conviction by competent

court or pending criminal cases in any court.

(iii) Original Caste Certificate as a proof of belonging to Scheduled

Castes/Scheduled Tribes/Backward Classes issued by the District

Magistrate /Sub-divisional Magistrate/Block Development officer in

case of nomination being filed by a candidate who wants to avail

the benefits of the reservation of seats and nomination fee available

to the members of Scheduled Castes/Scheduled Tribes/Backward

Classes.

(iv) Challan of nomination fee deposited in a Government treasury or

Nazir Receipt,

(v) Necessary informations regarding the candidate as required by

the Commission in prescribed form.

(g) No nomination paper shall be accepted unless it is submitted within the

appointed hour on the last date as specified in column 8 of

nomination paper received by mistake after the fixed hour to be rejected;

(h) On the presentation of nomination paper, the Returning officer shall

satisfy himself that the names and electoral roll numbers of the candidate

and his proposer as entered in the nomination paper are the same as entered

in the electoral roll;

Provided that the Returning Officer may -

(i) permit to rectify any clerical error in the nomination paper with regard

to the said names or numbers to bring them into conformity with the

corresponding entries in the electoral rolls, and

(ii) where necessary, direct that any clerical and printing error in the

said entries to be overlooked.

(i) On receiving a nomination paper under sub-rule (1) the Returning Officer

shall inform the concerned candidate or his proposer the date, hour and

Form-5 and a

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place appointed for scrutiny of nomination in prescribed format and shall

enter in 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 every day after the scheduled hour for

receiving nomination shall publish the information on the notice board of his

office regarding the nomination containing descriptions both of the candidate

and his proposer.

(2) No candidate shall file more than two nomination papers for one seat.

(3) The list of nomination papers shall be sent to the District Election Officer

on the last date fixed for filing the nomination and a copy of this shall be

published in the office of the Returning Officer.

40. Nomination Fee :—

shall not be treated as duly filed if —

(a) for the post of Member of Gram Panchayat/Panch of Gram Katchahry

a sum of Rupees Two Hundred and Fifty and in the case of women/

Scheduled Castes /Scheduled Tribes/Backward Classes candidate a sum

of rupees one hundred and twenty five.

(b) for the post of Mukhiya of a Gram Panchayat/Sarpanch of the Gram

Katchahry/Member of Panchayat Samiti, a sum of rupees one thousand

and in the case of women /Scheduled Castes/Scheduled Tribes/Backward

Classes candidate a sum of rupees five hundred.

(c) for the post of Member of Zila Parishad, a sum of rupees two thousand,

and in the case of women /Scheduled Castes/Scheduled Tribes/Backward

Classes candidate a sum of rupees one thousand.

has not been deposited with the Returning Officer as nomination fee;

provided that, where a candidate files more than one nomination paper

for election to the same post, it is not required to deposit more than one

nomination fee.

(2) The nomination fee shall not be refunded in any case.

(1) A nomination paper by any candidate for election

41. Scrutiny of Nomination Paper :—

or the proposer may remain present on the date, time and place appointed

for the scrutiny of nomination papers.

(2) The Returning Officer shall examine the nomination papers and may

reject them on the following grounds :—

(a) If the candidate is disqualified for being elected to any post by or

under the Ordinance;

(b) If the proposer is not qualified for subscribing to the nomination

paper;

(c) If the provisions of Rules 38, 39 or 40 have not been complied

with;

(1) The candidate, his election agent

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(d) if the nomination paper does not bear the signature of the candidate

or his proposer or the signatures are not genuine;

(e) The nomination paper has been filed by the candidate for a post

which is reserved for women/Scheduled Castes/Scheduled Tribes

/ Backward Classes and the candidate does not belong to such

category.

(f) if the papers mentioned in rule 39 (1) (f) have not been enclosed

with the nomination paper.

(3) No nomination paper shall be rejected on the ground of a clerical or

printing error or any discrepancy which is not material.

(4) The Returning Officer shall endorse on each nomination paper his

decision as accepting or rejecting the same and if the nomination paper is

rejected, record in wrinting a brief statement of the reasons for such rejection.

(5) The production of the certified copy of an entry in the relevant electoral

roll shall be the conclusive evidence for the right of any elector to stand for

election, unless it is proved that the candidate is disqualified.

(6) After the scrutiny of the nomination papers the Returning Officer shall

prepare the list of the candidates in

have been accepted and publish the same in his office and also send a

copy to the District Election Officer.

Form - 7, where nomination papers

42. Withdrawal of candidature:—

candidature by a notice in writing in

the appointed date and time under clause (c) of rule 36.

Any candidate may withdraw hisForm -8 to the Returning Officer within

43. Prepration of List of contesting candidates :—

after the expiration of the period for withdrawal of candidature under rule

36, the Returning Officer, shall prepare a list of contesting candidates in

(1) Immediately

Form - 9

the District Election Officer.

(2) The said list shall contain the names of the contesting candidates

with their addresses in alphabetical order as per the first alphabet of the

name in Devnagri script in Hindi, provided that if two or more candidates'

first names are the same, their alphabetical order shall be decided according

to the serial number of receiving of nomination papers and for the purpose

of identification, no. (1), (2), (3) etc. will be mentioned in bracket against their

names and the concerned candidate shall be informed accordingly in a

manner prescribed by the Commission.

and publish a copy of the list in his office and also send a copy to

44. Election Symbol:—

shall allot in the prescribed manner a symbol to each candidate out of the

symbols prescribed by the State Election Commission and inform them in a

manner prescribed by the Commission and shall give a replica of the alloted

symbol to the concerned candidate.

Where polling is necessary, the Returning Officer

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CHAPTER 8

The Candidate and his/ her Agent

45. Appointment of Election Agent and revocation of such

appointment or death of the election agent:—

appoint his election agent, he may do so subject to the at any time before

the poll be provisions of sub-rules (2) and (3) in

(1)If a candidate wants toForm -10.

(2) The appointment of Election Agent may be revoked by the candidate

at any time after producing a written declaraton duly signed by him/her and

on such revocation or in the case of death of the Election Agent before the

election, the candidate may appoint a new Election Agent.

(3) Any person who is disqualified for the time being under the Ordinance

to cast his vote in any election of the Panchayats or being elected, shall not

be appointed as Election Agent so long his disqualification continues.

46. Appointment of Polling Agent :—

which polling is to be held the contesting candidate or his Election Agent

may appoint maximum two agents for each polling station to act as the

Polling Agent of such candidate and this appointment will be made in

11

(2) The candidate or his Election Agent will hand over the second copy of

the appointment letter to the polling Agent who will produce the same to the

Presiding Officer on the date fixed for the poll and will sign on the declaration

contained in that appointment letter before him. The Presiding Officer will

keep the second copy in his custody.

(3) During the poll only one agent can remain present at the polling station

at a time.

(1) At the time of any election inForm-, in duplicate.

47. Revocation of the appointment of the Polling Agent or death of

the polling agent :—

time prior to the commnecement of the poll, be revoked through a written

declaration duly signed by the candidate or his Election Agent.

(2) Such declaration will be presented to the Presiding Officer.

(3) Where the appointment of a Polling Agent has been revoked under

sub-rule (1) or where the Polling Agent dies prior to the commencement of

the poll , the candidate or his Election Agent may, at any time before the end

of the poll, appoint a new Polling Agent under sub-rule (1) of Rule 46.

(1) The appointment of Polling Agent may, at any

48. Appointment of counting Agent :—

or his Election Agent may appoint a Counting Agent for the candidate in

(1) Each contesting candidate

FORM-12.

(2) The Candidate or his Election Agent will hand over two copies of the

appointment letter (Form 12) to the counting Agent, one of which to be kept

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by himself and produce the second copy before the Returning Officer or

the officer authorised by him and will sign before him on the declaration

contained therein and the officer will keep the second copy under his custody.

49. Revocation of the appointment of the Counting Agent or death of

the Counting Agent :—

any time prior to the commencement of the counting, be revoked through a

written declaration duly signed by the candidate or his Election Agent and

such delcaration will be presented to the Returning Officer or any other Officer

authorised by him.

(2) If the Counting Agent of the candidate dies before the completion of

the counting, the candidate or his Election Agent may appoint a new Counting

Agent under sub-rule (1) of Rule 48.

(1) The appointment of the Counting Agent may, at

50. Countermanding of the Poll :—

candidates contesting the election under Rule 43 dies and information of

his/her death is received by the Returning Officer before the commencement

of the poll and on being satisfied by the fact of the death of the candidate,

the Returning Officer shall countermand the poll and report the fact to the

Commission through the District Election Officer. Proceedings with

reference to the election shall be commenced a fresh after receiving the

direction from the Commission.

If any candidate out of the list of the

51. Uncontested Election:—

fixed for withdrawal of candidature for any post, only one candidate is left to

contest and his/her nomination paper is found to be valid, the Returning

Officer shall declare him duly elected in

District Election Officer.

(2) If for any post no nomination paper has been filed or no nomination

paper of any candidate has duly been accepted, the Returning Officer will

report the fact to the Commission through the District Election Officer and

the Commission will take further action to hold election for that post under

the provisions of the Act and the Rules.

(1) If after the expiry of the date and timeForm -13 and shall report this to the

52. Contested Election:—

shall be held in all other cases.

Except the cases falling under Rule 51, polling

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CHAPTER 9

Poll for Election

53. Mode of Poll in election :—

through ballot paper in the manner prescribed herein after.

In each election, the vote shall be casted

54. Ballot Box :—

each ballot box will be of such design in which ballot paper may be dropped

but cannot be taken out without tempering the paper seal used and without

opening the box.

Subject to the order of the State Election Commission,

55. Ballot Paper:—

be prescribed by the Commission.

(2) On the back side of the ballot-paper and its counterfoil a distinguishing

mark shall be stamped which will bear the name of the district/block and

number of the polling station. In addition to that the Presiding Officer shall

put his full signature on the back side of the ballot-paper.

(1) Each ballot paper will be of such design as may

56. Arrangement at the polling station:—

more separate voting compartments shall be set up in which the voter may

cast his/her vote separately one by one and no voter will be allowed to enter

the voting compartment so long another voter is there for the purpose of

recording his vote.

At the polling station one or

57. Information at the polling station:—

be exhibited at the outside of each polling station—

(a) Name and number of polling station;

(b) Electoral roll pertaining to that polling station;

(c) Name of each candidate in devnagari script and the election symbol

allotted to him/her which will remain in the same order as indicated

in Rule 43.

The following information shall

58. Entry in polling station :—

number of voters who may enter in the polling station at a time, and shall

remove all other persons from there except —

(a) Polling Officers,

(b) Public Servants on duty in connection with the election;

(c) Persons authorised by the Commission, District Election Officer

or the Returning Officer;

(d) Candidates, their Election Agents and subject to the provision of

these Rules, one Polling Agent of each candidate;

(e) Child in the lap of the voter;

(f) Person accompanying the blind or infirm voter who cannot move

without assistance;

(g) Such other persons as the Returning Officer or the Presiding Officer

may employ for the purpose of identification of the voters.

The Presiding Officer shall regulate the

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59. Closing and Sealing of the Ballot boxes prior to commencement

of the poll :—

Officer shall allow the candidates, their Election Agents and Polling Agents

present at the polling station to inspect the Ballot Box to be used for poll and

show them that the box was empty.

(2) After that the following labels will be pasted on the inner and outer

portion of the box —

(a) Name of the Gram Panchayat;

(b) Name and Number of the Polling Station ;

(c) Election of Mukhiya /Sarpanch or Member/Panch of the Gram

Panchayat or Member of the Panchayat Samiti/Zila Parishad (as

the case may be);

(d) Serial number of the Ballot Box which will be noted on the label of

the outside portion after the closure of poll; and

(e) Date of Poll.

(3) The Presiding Officer shall fix on the ballot box the paper seal signed

by him on which the candidate, Election Agent, Polling Agent present there

may also put their signature, if they so desire. Thus he/she will prepare the

ballot box and bring it into balloting position.

(1) Just before the commencement of the poll, the Presiding

60. Identification of Voters:—

the identity of a voter on the basis of such records, papers/certificates as

the Commission may prescribe.

(2)The Presiding Officer may employ any person, whom he may consider

fit, to help in the identification of voters or his own help at the polling station.

(3) As soon as the voter enters the polling station the Presiding Officer or

the Polling Officer authorised by him will compare the name of the voter and

other particulars with the relevant entries in the electoral roll and read out the

serial number, name and other particulars of the voters.

(4) In deciding the right of voter to receive the ballot paper the Presiding

Officer or the Officer authorised will ignore any printing error in the relevant

entry in the electoral roll if he is satisfied that the entry is related to that voter.

(1) The presiding officer shall establish

61. Challenge to the identity of voters:—

Agent or Polling Agent may challenge the identity of a voter after depositing

rupees 10/- in cash with the Presiding Officer.

(2) The above amount having been deposited, the Presiding Officer—

(a) shall warn the challenged person of punishment in case charge of

impersonation is proved against him;

(b) read out the relevant entry of the electoral roll and ask him if he is

the person referred to in the entry; and

(c) shall enter the name and address of the person in the list of

challenged votes in

(1) Any candidate or ElectionForm-14 and obtain his signature on it.

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(3) Thereafter, the Presiding Officer will allow the person challenged and

the challenger to place their points and after of such other relevant verification

as which he/she may deem necessary, shall decide whether the challenge

has been proved or not. After that he may allow the challenged person to

cast his/her vote or debar him from voting.

(4) If the challenge is not proved, the amount deposited under sub-rule(1)

will stand forfeited.

62. Ballot Paper to be issued. :—

voter before the time scheduled for commencement of the poll.

(2) No ballot paper shall be issued to a voter after the expiry of the time

fixed for closure of the poll;

Provided that the voters present at the polling station up to the time

fixed for the closure of the poll shall be entitled to receive ballot paper even

after the expiry of the scheduled time and may cast his/her vote.

(3) (i) The first polling officer shall underline the identity and the name and

serial number of the voter in the marked copy of electoral roll and in case of

a woman voter, having underlined as above, shall put a tick (

left side of the name of the woman voter. The first Polling Officer shall obtain

the signature/ thumb impression of the voter on the counterfoil of the ballot

paper meant for the election of Mukhiya and Sarpanch and shall note the

serial number of the electoral roll relating to the voter concerned on it.

Thereafter he/she shall apply indelible ink on the left forefinger of the voter.

Thereafter, he/she shall pass on the two ballot papers meant for election of

the Mukhiya of Gram Panchayat and the Sarpanch of Gram Katchahry to

the second Polling Officer for that voter;

(ii) The second polling officer shall underline the identity and his/her name

and serial number in the second marked copy of the electoral roll and in the

case of a women voter having underlined as above shall put a tick (

on the left side of the name of the woman voter. The second Polling Officer

shall obtain the signature/thumb impression of the voter on the conuterfoil of

the ballot paper meant for election of the Member of Gram Panchayat and

the Panch of Gram Katchahry and shall note the serial number of the electoral

roll relating to the voter concerned on it. Thereafter he shall acquaint the

voter with the procedure of casting his/her vote and hand over the two ballot

papers relating to the election of Mukhiya of Gram Panchayat and Sarpanch

of Gram Katchahry to the voter and pass on the two ballot papers for the

purpose of election of Member of Gram Panchayat and Panch of Gram

Katchahry to the third Polling Officer for that voter. The voter, after receiving

the two ballot papers relating to Mukhiya and Sarpanch shall enter the first

voting compartment and record his/her vote by affixing rubber stamp kept

for this purpose against the printed name of the candidate or on his/her

symbol. The voter shall fold the ballot papers and coming out of the voting

(1) No ballot paper shall be issued to aü) mark on theü) mark

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compartment, insert them in the sealed ballot box. This ballot box shall be

kept before the second Polling Officer;

(iii) The third Polling Officer shall underline the identity and his/her name

and serial number in the third marked copy of the electoral roll and in the

case of a woman voter having underlined as above shall put a tick (

on the left side of the name of the woman voter. The third polling Officer

shall obtain the signature/thumb impression of the voter on the counterfoil of

the ballot paper meant for election of the Member of Panchayat Samiti and

Member of Zila Parishad and shall note the serial number of the electoral

roll relating to the voter on it. He/She will then acquaint the voter with the

procedure of casting his/her vote and hand over the other two ballot papers

relating to the Member of Gram Panchayat and Panch of Gram Katchahry to

the fourth Polling Officer. Just after receiving both the ballot papers relating

to election of the Member of Gram Panchayat and Panch of Gram Katchahry

the voter shall enter into the second voting compartment and record his/her

vote by affixing the rubber stamp kept for this purpose against the name or

the election symbol of any candidate printed on the ballot-paper. The voter

will fold the ballot papers and after coming out of the voting compartment,

shall put them in the sealed ballot box. This ballot box shall be kept before

the third Polling Officer;

(iv) The fourth Polling Officer shall acquaint the voter with the procedure of

casting his/her vote and hand over the ballot papers relating to the election

of Member of Panchayat Samiti and Member of Zila Parishad to the voter.

Just after obtaining those ballot papers the voter shall enter into the third

voting compartment and cast his/her vote by affixing the rubber stamp kept

for this purpose against the name or on the symbol of any candidate printed

on the ballot paper meant for Member of Panchayat Samiti and Member of

Zila Parishad respectively. The voter shall fold the ballot papers and after

coming out of the voting compartment put them in the sealed ballot box.

This ballot box shall be kept before the fourth Polling Officer. After casting

his/her vote, the voter shall go out of the polling station immediately. If he/

she goes out of the polling station without casting all his votes, he/she shall

not be allowed to cast his/her votes again.

(v) Notwithstanding anything contained in sub-rule 3(i)(ii)(iii) and (iv) of rule

62, if the State Election Commissioner is satisfied that practical and

administrative dificulties may arise in conduct of election in accordance with

the provisions of sub-rule (3)(i)(ii)(iii) and (iv), due to which the election process

is likely to be affected, the State Election Commissioner may give such

directions as he deems proper with respect to issue of ballot paper to the

voters at the polling station, casting of votes, putting the ballot papers into

ü) mark

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the ballot boxes, the number of ballot boxes required at the polling station

and the place where they are to be placed, distribution of election related

work amongst the polling officers posted at each polling station, etc and

such directions shall be binding to all and final.

(4) If election is held for only a few posts, the number of Polling Officers

may be reduced accordingly by the State Election Commission.

(5) (i) Each voter about whose identity the Presiding Officer or the Polling

Officer, as the case may be, is satisfied, shall allow the Presiding Officer or

the Polling Officer to inspect his/her left forefinger and to mark it with indelible

ink.

(ii) If any voter refuses to allow the inspection of his/her left forefinger or

mark it with indelible ink or if the left forefinger is already marked with such

ink or if it is evident that he/she has attempted to remove such ink mark, he/

she shall not be entitled to be supplied with any ballot paper or to record his

vote at the election.

(iii) The reference in this rule to the left forefinger of a voter shall, in the case

where the elector has his left forefinger missing, be deemed to be a

reference to any other finger of his/her left hand and, in the case where all

the fingers of his/her left hand are missing, deemed to be a reference to any

extremity of his/her left or right arm as he possesses.

63. Recording of votes of Blind / Infirm voters :—

other physical infirmity, a voter is unable to recognise the symbols on the

ballot paper or is physically incapable to insert the ballot paper in the ballot

box, he/she shall be permitted to take with him a companion not below the

age of eighteen years to the voting compartment for recording the vote on

the ballot paper on his/her behalf and in accordance with his/her wishes and

insert it into the ballot box;

Provided that no person shall be permitted to act as the compainion of

more than one elector. The Presiding Officer shall keep a record of each

such case in

If owing to blindness/Form -15.

64. Spoilt and returned ballot papers and ballot paper found outside

the ballot boxes :—

on the back of a ballot paper which has been inadvertently spoiled or rendered

useless by the voter.

(2) If an elector after obtaining a ballot paper decides not to use it, he/she

shall return it to the Presiding Officer and the ballot paper so returned shall

be marked "returned, cancelled" by the Presiding Officer.

(3) Such ballot papers, relating to the elections of different posts, cancelled

under sub-rule (1) or sub rule (2) shall be kept in a separate packets.

(4) If a voter does not put the ballot paper issued to him in the ballot box,

and the ballot paper is found at the polling station or a place near by, the

(1) The presiding officer shall mark "spoilt, cancelled"

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ballot paper shall be deemd to be returned to the presiding officer under

sub-section (2) and action with regard to this shall be taken as indicated in

sub-rule (2).

65. Tendered Vote :—

named in the electoral roll but somebody else has already cast the vote as

such voter and the Presiding Officer being satisfied that person will be entitiled

to obtain a ballot paper and the ballot paper so given to him will be referred

to as tendered ballot paper.

(2) The tendered ballot paper will not be dropped in the ballot box but will

be handed over to the Presiding Officer after being marked by the voter

concerned who will place it in a separate packet. On the close of the poll the

packet of all such tendered ballots will be sealed.

(3) The list of tendered ballot papers will be prepared in

voter tendering the ballot paper will put his signature or thumb impression

against the entry relating to his/her tendered ballot paper in the list.

(1) If any person claims that he/she is the voterForm -16 and

66. Sealing of ballot boxes, etc., after the close of the poll :—

the close of the poll the Presiding Officer will close the slit of the ballot box

and seal the box in the presence of candidates or their Election Agent or

Polling Agents who may be available there. He/She will also allow any

candidate, election Agent or Polling Agent present there to put his/her seal

on the box if he/she so desires.

(2) If one ballot box gets full and necessiates the use of second ballot

box, the first box will be sealed forthwith in the manner indicated in sub-rule

- (1)

(1) After

67. Account of Ballot Papers and Paper Seals :—

the poll the Presiding Officer will prepare the ballot paper account in

-17

envelopes and supersubscribe on the envelop, "Ballot Paper Account/Paper

Seal Account ."

After the close ofFORMand the paper seal account in FORM-18 and place them in separate

68. Other Packets to be sealed:—

the following packets seperately and seal them —

(a) The marked copies of electoral roll;

(b) Unused ballot papers;

(c) Cancelled ballot papers;

(d) The cover and list of tendered votes;

(e) List of challenged votes; and

(f) Other such papers for which the Returning Officer has directed to

place them in sealed packet.

(2) The Presiding Officer will allow the candidate, Election Agent or Polling

Agent present there to put his/her seal on each such packet if he/she so

likes.

(1) The Presiding Officer will prepare

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69. Ballot -boxes, packets etc. to be sent to the Returning Officer :—

(1) The Presiding Officer will send to the Returning Officer —

(a) Ballot-boxes

(b) Ballot-paper and paper seal account;

(c) Sealed packets specified in Rule 68; and

(d) All other papers used in poll,

and deposit them at the specified place.

(2) The Returning Officer or the officer authorised will arrange for the

custody of things noted in sub-rule(1) from the time of the commencement

of the counting of votes to the end of it. After counting of votes, the election

related documents shall be kept in safe custody under the provisions of

rule-84.

70. Adjournment of Poll during the period of poll :—

if at an election, some abnormal situation arises, the Presiding Officer may

adjourn the poll and may recommence the polling when the situation returns

to normal. The Presiding Officer shall note the details of such adjournment

of poll in his diary.

Any polling station

71. Adjournment of Poll in Emergencies :—

proceedings at any polling station for the poll are interrupted or obstructed

by any riot or open violence, or if at an election it is not possible to take the

poll at any polling station on account of an natural calamity or destruction of

election material or any other sufficient cause, the Presiding Officer for

such polling station,shall announce an adjournment of the poll and where

the poll is so adjourned, he/she shall forthwith report to the Returning Officer,

stating the reason.

(2) Whenever a poll is adjourned under sub-rule (1) the Returning Officer

shall immediatelly report the circumstances to the Commission through the

District Election Officer.

(3) The Commission shall order the District Eleciton Officer —

(a) Appoint a day and time on which the poll shall recommence.

(b) Cancel the previous poll and fix a date and time for a fresh poll on that

polling station and issue directions for such poll.

(1) If at an election the

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CHAPTER 10

Counting of Votes

72. Selection of place for Counting of Votes :—

for counting of votes shall be made by the District Election Officer under the

directions of the Commission.

The selection of place

73. Supervision of Counting of votes :—

done under the direction, supervision and control of the Commission.

The counting of votes shall be

74. Entry into the place fixed for Counting :—

or the Officer authorised by him shall remove from the place of counting all

other persons except —

(a) Such persons to whom he/she appoints to assist the counting;

(b) Persons authorised by the Commission or District Election Officer;

(c) Public servants on duty in connection with the election; and

(d) The candidate, Election Agent and Counting Agent.

(2) Before opening the ballot box on the table of counting, the Counting

Agents present there shall be allowed to inspect the ballot boxes and their

seals for satisfying themselves that they are not tempered.

(3) If the Returning Officer or the Officer authorised by him/her is satisfied

that a ballot box has been tampered with, he/she shall adopt the following

procedure with regard to that ballot box—

(a) The ballot papers contained in that ballot box shall not be counted;

(b) A report in connection with the clause (a) above shall be sent to the

Commission immediately through the District Election Officer.

(4) On receiving information under sub-rule 3(b) and taking into consideration

the material circumstances the Commission shall give necessary direction

to the District Election Officer. The District Election Officer shall take further

action according to the direction of the Commission.

(1) The Returning Officer

75. Scrutiny of the ballot papers and their rejection :—

paper contained in the ballot box shall be rejected on the following grounds,

if —

(a) it bears any mark or writing by which the elector can be identified;

or

(b) the ballot paper is fictitious; or

(c) it has been so dammaged or mutilated that its identity cannot be

established; or

(d) it does not bear the distinguishing mark or the signature of the

Presiding Officer; or

(1) At any ballot

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(e) no vote is recorded on the ballot paper; or

(f) voting marks have been put in the column of more than one

candidate; or

(g) the mark on the ballot paper has been made by an instrument other

than the prescribed one; or

(h) the ballot papers are not printed in accordance with the name of the

candidate or candidates, serial number & symbol alloted to a

candidate as recorded in Form 9; or

(i) other grounds prescribed by a general or special direction of the

Commission;

Provided that, where the Returning Officer or the Officer authorised by

him/her is satisfied that any such defect mentioned in clause (d) has been

caused by any mistake or failure on the part of a Presiding Officer or the

Polling Officer, he may direct that the ballot papers shall not be rejected

merely on the ground of such defect under clause (d):

Provided further that, if the mark made by the voter extends to two

columns of the ballot paper, the same will be counted in favour of the

candidate in whose column the major part of such mark falls.

(2) The Returning Officer or the Officer authorised by him shall, before

rejecting the ballot-paper under sub-rule (1), give reasonable opportunity to

each Counting Agent present to inspect the ballot paper there, but shall not

allow him to handle any ballot paper.

(3) The Returning Officer or the Officer authorised by him/her shall endorse

the word "rejected" on the ballot paper so rejected and record the grounds

of rejection either by hand or by a rubber stamp.

(4) The rejected ballot papers shall be bundled together.

76. Counting of votes :—

shall be counted.

(2) On completion of the counting of votes the Returning Officer or the

Officer authorised by him shall record the result of counting candidatewise

in

Katchahry and in

Panchayat Samiti/Member of Zila Parishad.

(3) Thereafter, the valid votes will be sealed in a separate packet be bundled

together along with the rejected votes and the following particulars to be

recorded on that, viz.—

(a) the name of the Gram Panchayat and the number of the territorial

constituency concerned in case of the election of Member of the Gram

Panchayat/ Panch of Gram Katchahry; the name and number of the Gram

Panchayat in case of the election of Mukhiya/Sarpanch and the name of the

(1) Except the 'rejected' votes, each ballotpaperForm - 19 in case of Member of Gram Panchayat / Panch of GramForm - 20 in the case of Mukhiya /Sarpanch/Member of

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Panchayat Samiti/Zila Parishad and number of the concerned territorial

constituency in case of the election of Member of Panchayat Samiti/Zila

Parishad;

(b) the name and serial number of the polling station to which the ballotpapers

belong; and

(c) the date of counting.

77. Counting of votes :—

continuous. If counting has to be suspended, the ballot-papers and other

papers will be kept in safety and duly sealed. The candidate or the Election

Agent or the Counting Agent present may affix his/her seal, if he/she so

desires.

As far as possible, the counting of votes will be

78. Counting of votes of the poll of the conuntermanded /adjourned

election:—

adjourned under rule 71, the District Eleciton Officer shall, after the election

shall appoint a date, time and place for the counting of votes and intimate

the same to the candidate and his/her Election Agent.

(2) The result of such counting shall be recorded in the form as prescribed

in sub-rule (2) of Rule 76.

(1)With regard to the poll countermanded under rule 50 and

79. Recounting of votes :—

election agent or counting agent may make a written application to the

Returning Officer or the Officer authorised by him/her for recounting of votes

stating therein the grounds for the same.

(2) The Returning Officer or the Officer authorised by him/her may, fully or

partially, accept or reject the application stating the reasons for the same.

(3) If the Returning Officer or the Officer authorised by him/her accepts

fully or partially the application under sub-rule(2), he/she shall get the ballotpapers

recounted and amend the result of the counting in the form prescribed

in sub-rule(2) of Rule 76 and delcare the result.

(4) After that, any application for further re-counting shall not be entertained.

The candidate or in his/her absence his/her

80. Equality of votes :—

two or more candidates secure equal number of votes which may be the

maximum, the Returning Officer shall draw a lot among such candidates

and the candidate in whose favour the lot is drawn, shall deemed to be that

he/she has secured an additional vote and the Returning Officer will declare

the result of the counting of votes accordingly.

If after the completion of the counting of votes

81. Declaration of results :—

election result in Form-21,the Returning Officer or the Officer authorised

shall declare that candidate elected as Member of Gram Panchayat/ Panch

of Gram Katchahry /Mukhiya /Sarpanch/Member of Panchayat Samiti/Member

(1) After recording the particulars of the

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of Zila Parishad, as the case may be, who has secured the largest number

of valid votes and shall certify it in the same Form.

(2) One copy each duly signed of

Election Officer and through him/her to the Commission and the Director of

Panchayat Raj.

Form 21 shall be sent to the District

82. Election Certificate:—

Returning Officer shall grant a Election Certificate in

candidate so elected.

After the declaration of the election result, theForm -22 to the

83. Publication of the election result :—

shall cause to be published in the District Gazette the list of duly elected

candidates in

and Director of Panchayat Raj.

The District Election OfficerForm -23 and send a copy of the same to the Commission

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CHAPTER 11

Records of Election

84. Custody of the records relating to election:—

Officer shall keep the packets specified in Rules 67, 68 and 76 (3) in his

safe custody as prescribed by the Commission.

The District Election

85. Submission and inspection of the records relating to election

:—

kept in safe custody shall be allowed only by the order of the Court / Authority

prescribed in the Ordinance.

The submission and inspection of the records relating to the election

86. Destruction of the records relating to election :—

records specified in Rule 84 shall be kept in safe custody for a period of

one year or till the pendency of any legal proceeding and to be destroyed

thereafter subject to any contrary direction issued by the Commission or a

competent Court or Authority.

The election

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CHAPTER 12

Election of Up-Mukhiya, Up-Sarpanch Up-Pramukh, Pramukh,

Upadhyaksha and Adhyaksha

87. Meeting for the election :—

and control of the State Election Commission, the date, time and place for

the meeting of Gram Panchayat and Gram Katchahry/ Panchayat Samiti/

Zila Parishad for the election of Up-Mukhiya and Up-Sarpanch, Pramukh,

Up-Pramukh, Adhyaksha and Upadhyaksha under sections 15, 93, 40 and

67 of the Act respectively shall be fixed by the Block Development Officer,

Sub-divisional Magistrate and the District Magistrate, as the case may be

and notice of the meeting shall be given to all the members concerned in

(1) Subject to the supervision, direction

Form - 24

Provided that, if more than twenty five percent seats of total number of

territorial constituencies constituted in Panchayat Samiti or Zila Parishad are

vacant, the meeting for election of Pramukh/Up-Pramukh or Adhyaksha/Up-

Adhayaksha of the Panchayat Samiti or Zila Parishad shall be fixed only

after the completion of election for the vacant posts under the provisions of

the Ordinance.

(2) In the meeting called under sub-rule (1), first of all, the elected members

of Gram Katchahry, Gram Panchayat, Panchayat Samiti and Zila Parishad

shall be administered the oath / affirmation in the manner prescribed in rule,

126.

;

88. To preside the Meeting :—

be presided over by the Sub-divisional Magistrate and that of Zila Parishad

by the District Magistrate. The Block Development Officer shall preside over

the meeting of Gram Panchayat/ Gram Katchahry.

The meeting of Panchayat Samiti shall

89. Filing of Nomination Paper :—

nomination paper in

seconder of a candidate should be a member of the Gram Panchayat/Gram

Katchahry/Panchayat Samiti/Zila Parishad. One member shall be a proposer

or seconder of only one candidate.

Each candidate shall file his/herForm -25. As the case may be, the proposer and

90. Scrutiny of the nomination paper :—

scrutinise the nomination paper.

(2) The Presiding Officer shall read out —

(a) the name of the candidate whose nomination paper has been found to

be invalid stating the grounds thereof; and

(b) the name of the candidate whose nomination paper has been found to

be valid.

(1) The Presiding Officer shall

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91. Preparation of the list of valid candidates :—

shall prepare the list of validly nominated candidates in alphabetical order of

Devanagari script and announce the same.

The Presiding Officer

92. Uncontested election:—

candidate against the post, the Presiding Officer shall declare such candidate

as duly elected.

If there be only one validly nominated

93. Contested election:—

the Presiding Officer shall call on the members present in the meeting to

vote by secret ballot and shall determine the procedure with respect to the

same.

If more than one candidate is validly nominated,

94. Ballot-paper :—

shall be signed by the Presiding Officer.

The ballot paper shall be in Form-26. The ballot paper

95. Procedure of Poll :—

separetely on which he/she shall mark his/her vote by putting secretly a

cross (x) mark against the name of a candidate.

(2) All such ballot-papers shall be collected in accordance with the secret

procedure prescribed by the Presiding Officer.

(1) Each member shall be given a ballot paper

96. Invalid Votes :—

(a) it bears the signature of a member or there is any such visible word

which may lead to the identification of the voter; or

(b) the cross (x) mark has been made against the name of more than one

candidate ;or

(c) the mark has been made in such a manner that it can not be ascertained

as to which candidate the vote has been cast; or

(d) no cross mark has been made on it; or

(e) it does not bear the signature of the Presiding Officer.

A ballot paper shall be treated as invalid if :—

97. Counting of votes :—

papers in presence of the members present at the meeting.

(2) After completion of counting of valid votes, the result shall be prepared

by the Presiding Officer in

number of votes shall be declared as elected.

(1) The Presiding Officer shall count the ballotForm-27, and the candidate getting maximun

98. Equality of votes :—

more candidates are found to have secured equal number of votes, which

are highest, the Presiding Officer shall draw a lot between such candidates,

and the candidate in whose favour the lot is drawn shall deemed to be having

secured an additional vote and the Presiding Officer shall declare the result

accordingly.

If after completion of counting of votes two or

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99. Issuance of Certificate :—

certificate in

The Presiding Officer shall grant aFORM - 22 to the candidate elected.

100. Preparation of the record of the proceedings of the meeting :—

The Presiding Officer shall prepare a record of the proceedings of the

meeting and obtaining the signatures of the members present therein, sign

the same.

101. Publication of the list of elected persons :—

shall publish the duly signed list of the elected candidates in the offices of

Gram Panchayat /Block / Zila Parishad, as the case may be.

The Presiding Officer

102. Packets of valid/invalid votes :—

separate packets of valid and invalid votes, seal each packet and put a note

on it stating the particulars of the content of the packet, the election concerned

and date of such election.

The Presiding Officer shall make

103. Submission and inspection of the election related records :—

The submission and inspection of election records kept in safe custody

shall be made only by the order of a Court /Authority prescribed in the

Ordinance.

104. Custody and destruction of election records :—

Election Officer shall keep the packets referred to in Rule 103 in his/her

safe custody.

(2) The election records shall be kept in custody for a period of one year

or till the pendency of any legal proceeding and thereafter to be destroyed,

subject to any contrary direction of the Commission or any competent Court

or Authority.

(1) The District

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CHAPTER 13

Miscellaneous

105. Notification of Election :—

Panchayats and the Gram Katchahry, the Governor, on the recommendation

of the State Election Commission, shall fix date or dates through notification

published in the State Gazette and it shall be expected that the electors may

elect the office-bearers of the Panchayats and the Gram Katchahry in

accordance with the provisions of the Ordinance and the Rules made

thereunder:

Provided that no such notification shall be issued beyond six months

prior to the date fixed for election.

For the purpose of constituting the

106. Election petition :—

candidate may be filed under section 137 of the Ordinance before the

prescribed Court of Law within thirty days from the date of declaration of the

election results.

(2) the following may be joined as respondents by the petitioner to his/her

election petition —

(a) Where the petitioner, claims to declare the election of all or any of the

returned candidate as void in addition to his/her claim for any other candidate

to be legally elected, in such a case all the contesting candidates other than

the petitioner; and where no such additional claim has been made, all the

candidates, and,

(b) Any other candidate against whom allegation of any corrupt practices is

made in the petition.

(1) An election petition against any elected

107. Court fee :—

regard to a post of Gram Panchayat/Gram Katchahry shall be Rupees two

thousand five hundred.

(2) The Court fee payable with election petition with regard to a post of

Panchayat Samiti/Zila Parishad shall be Rupees five thousand.

(1) The Court fee payable with election petition with

108. Verification of contents of election petition:—

shall contain a such statement of the material facts and details on which the

petitioner relies. It shall be signed by the petitioner and verified in the manner

prescribed under order, 6 of the Civil Procedure Code, 1908 for the

verification of pleadings.

An election petition

109. Hearing of election petition :—

hear the election petition in the manner prescribed by the Civil Procedure

Code, 1908.

The competent Court of Law shall

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110. Withdrawal of election petition :—

withdrawn without the order of the Court;

Provided that, if there are more than one plaintiff in the election petition,

then the election petition can not be withdrawn without unanimous consent.

The election petition cannot be

111. Application of the provisions of the Indian Evidence Act in the

hearing of an election petition :—

the Indian Evidence Act, 1872 shall apply.

In the hearing of an election petition ,

112. Order on election petition :—

the prescribed Authority decides that the elected person is guilty of

misconduct under the provisions of section 139 or 141 of the Ordinance, it

may declare the election of such elected candidate as void and order for reelection.

(2) The Court of Law/prescribed Authority under the provisions of section

140 of the Act may declare another candidate as elected.

(1) If, after hearing the Court of Law/

113. Copy of the order on election petition to be made available :—

The copy of the order passed on the election petition by the Court/Prescribed

Authority will be made available to the District Election Officer and the

Commission.

114. Acquisition and release of vehicle /premise for election :—

The District Election Officer may, for the purpose of election, acquire any

vehicle or premise by a written order:

Provided that the vehicles admissible to the candidate or his agent, the

number of which has been decided by the Commission, shall not be acquired.

(2) If any premise/vehicle acquired under sub-rule (1) is exempted from

acquisition, its possession shall be made over to the person from whom the

premise/vehicle had been acquired or to the person authorised by him.

(1)

115. Payment of compensation :—

vehicle acquired under rule 116 by the District Election Officer shall be

made at a rate prescribed by the Government.

A compensation for the premise or

116. Power of the Commission to issue necessary instruction :—

The Commission may, subject to the provisions of the Rules, issue necessary

instructions.

117. Decision of disqualification:—

be the competent authority to decide any question of disqualification

mentioned in sub-section (1) of section 136 of the Ordinance. The matter of

disqualification of a person shall be brought before the Commission by any

person or officer in a form of an application, complain or notice. The State

Election Commission itself may take such cognizance suo-moto. After giving

The State Election Commission shall

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reasonable opportunity of hearing to the parties concerned, the State Eleciton

Commission shall make a decision at the earliest.

118. Accounts of election expenditure and its limit :

of Panchayat/Gram Katchahry, shall, either by himself or by his/her election

agent, keep a separate and correct account of all expenditures in connection

with the election incurred or authorised by him/her or his/her election agent

between the date on which he/she has been nominated and the date of

declaration of results, both dates inclusive.

(2) No expense shall be incurred or authorised by the candidate or his election

agent on account of or in respect of the conduct and management of an

election in any Panchayat/Gram Katchahry in excess of the following amount

– Rupees ten thousand in case of Member of Gram Panchayat/Panch,

Rupees twenty thousand in case of Membr of Panchayat Samiti, rupees

twenty five thousand in case of Gram Panchayat Mukhiya and Sarpanch and

Rupees fifty thousand in case of Member of Zila Parishad.

(1) Every candidate

119. Return of eleciton expenses :

shall be lodged in

from the date of publication of the result of election in the district Gazette

under rule 120. It shall be acompained by a declaration/affidavit by the

candidate in

(1) The return of election expensesForm-29 with the Returning Officer within fifteen daysForm-30.

(2) On receipt of details of election expenditure, the Returning Officer shall

mention the date of receipt there upon and also certify that in his opinion the

details have been submitted within the time limit in the manner prescribed

by the Rules.

120. Publication of the details of election expenses :

seven days from receipt of the details of election expenses, the Returning

Officer shall publish a notice specifing the date of receipt of such details

and the place and time where inspection of such details may be made. This

notice shall be published in the state/district Gazette and to be available for

inspection on a payment of a fee of rupees ten.

Such information shall also be displayed at the notice board of the

Returning Officer.

Within a period of

121. Casual vacancy in the Panchayats :—

of the Panchayat falls vacant or is declared vacant, the District Election Officer

shall intimate the Commission. The Commission shall take steps to fill up

the vacancy under the provisions of the Ordinance and the Rules.

If a post of an office bearer

122. Administration of oath :—

shall fix a programme for administration of oath/ affirmation under the

supervision, direction and control of the Commission.

(1)The District Election Officer (Panchayat)

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(2) The oath/affirmation to a Member of Gram Panchayat, Panch of

Gram Katchahry, Mukhiya and Sarpanch shall be administered by an officer

authorised by the District Election Officer (Panchayat) before the first meeting

of the Gram Panchayat/Gram Katchahry.

(3) The oath/affirmation to Up-mukhiya and Up-Sarpanch shall be

administered by the Mukhiya and Sarpanch respectively in the first meeting

specified in sub-rule(2).

Provided that, in the absence of Mukhia/Sarpanch, such oath/affirmation

shall be administered by the Block Development Officer or by an officer

authorised by the District Election Officer.

(4) The oath/affirmation to a Member of Panchayat Samiti, Pramukh

and Up-pramukh shall be adminstered by an officer not below the rank of

Sub-divisional Officer, authorised by the District Election Officer, and to a

Member of Zila Parishad, Adhyaksha and Upadhyaksha by the District

Magistrate.

(5) The oath/affirmation shall be administered in

(6) The list of office bearers administered oath/affirmation shall be

maintained in the office of the District Election Officer.

Form - 28.***