In exercise of the powers conferred by
sub-section (1) of Section 585 read with Sections 20-B, 60-A, 67, 71, 617-B and
617-C of the Hyderabad Municipal Corporations Act, 1955 (Act II of 1956),
Sections 7 and 11 of the Visakhapatnam Municipal Corporation Act, 1979 (Act No.
XIX of 1979), Sections 7 and 11 of the Vijayawada Municipal Corporation Act,
1981 (Act No. XXIII of 1981) and Sections 7, 14 and 18 of the Andhra Pradesh
Municipal Corporations Act, 1994 (Act No. XXV of 1994), and in supersession of
all the previous rules on the subject, the Governor of Andhra Pradesh, hereby
makes the following rules relating to the Election of Members, Election
Expenses and Election Petitions, namely:-- CHAPTER I Preliminary (1)
These rules may be called the Andhra Pradesh
Municipal Corporations (Conduct of Election of Members, Election Expenses and
Election Petitions) Rules, 2005. (2)
They shall apply to the Municipal
Corporations of Hyderabad, Visakhapatnam, Vijayawada and to all Municipal
Corporations constituted under the Andhra Pradesh Municipal Corporations Act,
1994. (1)
In these rules, unless he context otherwise
requires:- (a)
'Act' means the Hyderabad Municipal
Corporations Act, 1955 (Act II of 1956); (b)
'ballot box' includes any box, bag or other
receptacle used for the insertion of the ballot paper by a voter; (c)
'counterfoil' means the counterfoil attached
to a ballot paper printed under the provisions of these rules; (d)
electoral roll' means the electoral roll for
the Corporation concerned prepared and published under Section 12 of the Act; (e)
electronic voting machine' means, the voting
machine referred to in Section 60-A of the Act; (f)
'Form' means a form appended to these rules
and includes a translation thereof in Telugu or any other languages specified
in Schedule 8 of the Constitution; (g)
'Marked copy of the Electoral Roll' means the
copy of the electoral rolls set apart for the purpose of marking the names of
electors to whom ballot papers are issued at an election or the names of
electors who are allowed to vote through electronic voting machine; (h)
'Voter' in relation to an election to any
Municipal Corporation means a person in the electoral roll of the ward
concerned for the time being in force and who is not subject to any
disqualification for voting; (2)
Words and expressions used in these rules but
not defined shall have the meaning assigned to them in the Act. (3)
For the purpose of these rules, a person who
is unable to write him name shall, unless otherwise expressly provided in these
rules, be deemed to have signed an instrument or other paper if,- (a)
he has placed a mark on such instrument or
other paper in the presence of the Commissioner the Returning Officer or the
Presiding Officer or such other officer as may be specified in this behalf by
the Commissioner; and (b)
the officer aforesaid on being satisfied as
to his identity has attested the mark as being the mark of that person. CHAPTER II Election
of Members (1)
A candidate shall not be deemed to be duly
nominated unless he deposits or caused to be deposited a sum of rupees two
thousand and where the candidate is a member of any of the Scheduled Castes or
Scheduled Tribes the amount to be deposited by him or on his behalf shall be
rupees one thousand only: Provided that where a candidate has
been nominated by more than one nomination paper for election in the same ward
not more than one deposit shall be required of him under this sub-rule. (2)
Any sum required to be deposited under
sub-rule (1) shall not be deemed to have been deposited under that sub-rule
unless at the time of delivery of the nomination paper under sub-section (1) of
Section 36 of the Act, the candidate has either deposited or caused to be
deposited that sum with the Returning Officer in cash or enclosed with the
nomination appear a receipt showing that the said sum has been deposited by him
or on his behalf in the State Bank of Hyderabad or a Government Treasury. (1)
Every nomination paper delivered under
Section 36 of the Act, shall be accompanied by such declaration as are
specified in Forms I, II and III, provided that declaration in Form II shall be
required- (a)
in the case of an election in a Ward where
the seat to be filled is reserved for the Scheduled Tribes, Scheduled Castes or
Backward Classes; (b)
the nomination papers to be presented by or
on behalf of any candidate or accepted by the Returning Officer for election in
the Ward under sub-section (8) of Section 36 of the Act, shall not exceed four; (2)
Every candidate shall along with the
nomination paper also file an affidavit with regard to his criminal
antecedents, assets and liabilities and educational qualifications as required
by the State Election Commission and in the prescribed format sworn before a
Notary Public or a Magistrate of the First Class. The certificate required under Section
38 of the Act, shall be in Form IV and the receipt for nomination and the
notice of scrutiny shall be in Form V. The notice of nomination to be affixed
under Section 38 of the Act, shall be in Form VI. (1)
After making endorsement on the nomination
paper as required under sub-section (6) of Section 39 of the Act, the Returning
Officer shall sign thereon a certificate of scrutiny in Form VII. (2)
The list of validly nominated candidates
referred to in sub-section (8) of Section 39 of the Act, shall be in Form VIII. (3)
The name of every such candidate shall be
shown in the list of validity nominated candidates as it appears in his
nomination paper: Provided that if a candidate considers
that his name is incorrectly spelt or is otherwise incorrectly shown in his
nomination paper or is different from the name by which he is popularly known,
he may at any time before the list of contesting candidates is prepared furnish
in writing to the Returning Officer, the proper form and spelling of his name
and the Returning Officer shall, on being satisfied as to the genuineness of
the request, make the necessary correction or alteration in the list in Form VIII
and adopt the form and spelling in the list of contesting candidates. (1)
On receipt of the notice of withdrawal of
candidature, the Returning Officer shall note thereon the date on which it was
delivered. The receipt of notice of withdrawal to be handed over to the person
delivering the said notice shall be in Form IX. (2)
The notice of withdrawal to be affixed under
sub-section (3) of Section 40 of the Act, shall be in Form X. (1)
On the expiry of the time allowed for
withdrawal of candidature, the Returning Officer shall prepare a list in Form
XI of persons whose nominations have not been rejected and who have not
withdrawn their candidature which may be called as list of contesting
candidates and publish it on the notice board of his Office forthwith. (2)
The list of the contesting candidates shall
be prepared in such languages as the State Election Commission may direct and
shall contain the names in alphabetical order and addresses of the contesting
candidates as given in the nomination paper. The alphabetical order shall be
determined with reference to the surnames of candidates having surnames and the
names proper of other candidates, and if the list is prepared in more than one
language, the names of candidates therein shall be arranged in alphabetical
order according to the script of such one of those languages as the State
Election Commission may direct, If a poll is found to be necessary, the
Returning Officer shall specify symbol assigned to each candidate: Provided that if two or more
candidates bear the same name, they shall be distinguished by the addition of
their occupation or residence or in some other manner. The names of such
candidates shall be arranged in the order in which their nominations were
received by the Returning Officer. (3)
If a poll is found to be necessary the
Returning Officer shall assign to every contesting candidate a distinctive
symbol as per the provisions of Section 34 of the Act read with paragraph 6 of
the Registration of Political parties and Allotment of Symbols Order, 2001
issued by the State Election Commission and any other instructions issued by
the State Election Commission in this behalf from time to time. (4)
In every case where a symbol has been
assigned to a candidate under sub-rule. (5)
such candidate or his election agent shall
forthwith be informed of the symbol so assigned and be supplied with a specimen
hereof by the Returning Officer. The appointment of an election agent
under Section 43 (1) of the Act shall be made in Form XII and the notice of
such appointment shall be given by forwarding the same in duplicate to the
Returning Officer who shall return one copy thereof to the candidate or the
election agent after affixing hereon his seal and signature in token of his
approval of the appointment. The revocation of appointment of an
election agent under sub-section (1) of Section 45 of the Act shall be in Form
XIII. The procedure laid down in Rule 10 shall apply for appointment of another
person to be an election agent under sub-section (2) of Section 45 of the Act. (1)
The number of polling agents that may be
appointed under Section 47 of the Act shall be one agent and two relief agents
for each polling station. (2)
Every such appointment shall be made in
duplicate in Form XIV and a copy of such appointment shall be given to the
Returning Officer and a duplicate copy thereof shall be made over to the
polling agent for production at the polling station or he place fixed for the
poll, as the case may be. (3)
No polling agent shall be admitted into the
polling station or the place fixed for the poll unless he has delivered to the
Presiding Officer the instrument of his appointment under sub-rule (2) after
duly completing and signing before the Presiding Officer, the declaration
contained therein. (1)
The number of counting agents that a
candidate may appoint under Section 48 of the Act shall be one agent for each
table plus one more at the table of the Returning Officer. (2)
Every such appointment shall be made in Form
XV in duplicate one copy of which shall be forwarded to the Returning Officer
while the other copy shall be made over to the counting agent for production
before the Returning Officer not later than one hour before the time fixed for
counting of votes. (3)
No counting agent shall be admitted at the
place fixed for counting, unless he has delivered to the Returning Officer the
second copy of his appointment under sub-rule (2) after duly completing and
signing the declaration contained therein and receiving from the Returning
Officer an authority for entry into the place fixed for counting. (1)
The revocation of the appointment of a
polling agent under sub-section (1) of Section 49 of the Act shall be in Form
XVI and be lodged with the Returning Officer while sending a copy thereof to
the Presiding Officer of the polling station at which the polling agent is
appointed. (2)
In the event of any such revocation, the
candidate/his election agent may at any time before the poll is closed, make a
fresh appointment in the manner specified in Rule 12 and the provisions of that
rule shall apply to every such appointment. (1)
The revocation of appointment of counting
agent under sub-section (2) of Section 49 of the Act shall be in Form XVII and
be lodged with the Returning Officer. (2)
In the event of any such revocation before
the commencement of counting of votes, the candidate/election agent may make a
fresh appointment in accordance with the provisions of Rule 13. (1)
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 other persons except: (a)
the polling officers; (b)
each candidate, his election agent, and one
polling agent of each candidate; (c)
other public servants on duty; (d)
a child in arms accompanying a voter; (e)
the companions of blind or infirm voters who
cannot move without help; and (f)
such other persons as the Presiding Officer
may, from time to time, admit for the purpose of identifying voters' or
otherwise assisting him in taking the poll. (2)
The presiding Officer shall close the polling
station at the hour fixed in that behalf under Section 57 of the Act and shall
not admit thereto any voter after that hour: Provided that all voters present
within the polling station before it is so closed shall be entitled to have
their votes recorded. (3)
If any question arises as to whether any
voter shall, for the purpose of the proviso to sub-rule (2) be deemed to be
present within the polling station before it is closed, the question shall be
referred for the decision of the Presiding Officer of such polling station and
his decision shall be final. (1)
Each polling station shall be furnished with
a compartment (referred to in these rules as a voting compartment) in which
voters can, one after another, cast their votes screened from observation and
no voter shall be allowed to enter such voting compartment when another voter
is inside the same for the purpose of recording his vote. (2)
Where a polling station is for both men and
women voters, the Presiding Officer may direct that they shall be admitted into
the polling station alternately in separate batches. (3)
The Returning Officer or the Presiding
Officer may appoint a woman to serve as an attendant at any polling station to
assist women voters and also to assist the Presiding Officer generally in
taking the poll in respect of women voters and in particular, to help in
searching any woman voter in case it becomes so necessary. (4)
The Presiding Officer may permit a voter to
enter the voting compartment with a child in arms for the purpose of voting. (1)
There shall be displayed prominently outside
each polling station:- (a)
a notice specifying the polling area, the
voters of which are entitled to vote at the polling station, or the particulars
of the voters so entitled; and (b)
a copy of the list of contesting candidates
for Member in the same language or languages and in the same order in which the
name of contesting candidates at the election are published under Rule 9. (2)
The Returning Officer shall provide for each
polling station:- (a)
as many ballot boxes as may be necessary; (b)
a sufficient number of ballot papers and
copies of the relevant part of the list of voters in respect of the polling
area, the voters where of are entitled to vote at the polling station; (c)
instruments for stamping the distinguishing
mark on ballot papers and articles necessary for the voters to mark the ballot
papers. (1)
Every ballot paper before it is delivered to
a voter at a polling station shall bear such distinguishing mark as the State
Election Commission may direct and it shall be kept secret. (2)
When any direction under sub-rule (1) has
been issued by the State Election Commission, the Returning Officer shall
provide at each polling station, instrument or instruments required for
stamping such mark on the ballot paper. (3)
The Presiding Officer at each polling station
shall sign his name in full on the back of each ballot paper before it is
issued to the voter. (1)
Every ballot box shall be of such design and
colour as have been previously approved of by the State Election Commission. It
shall be so constructed that ballot papers can be inserted therein but cannot
be withdrawn there from without the box being unlocked and the seals being
broken. (2)
The Presiding Officer at each polling
station, shall, immediately before the commencement of poll, allow the
candidates, their election agents and heir polling agents who may be present at
such station to inspect each ballot box to be used at the poll and demonstrate
to them that it is empty and bears the labels both inside and outside marked
with, (a)
the serial number, if any, and name of the
Ward; (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. (3)
When it is necessary to use a paper seal for
securing the ballot box, the Presiding Officer shall fix in the space meant
there for in each such box a paper seal provided for the purpose. He shall also
affix on such paper seal his own signature or seal of such candidates or of
such election or polling agents of the candidates as may be present and may
desire to affix such signature or seals. He shall then secure and seal each box
in their presence in such manner that the list in the box for insertion of
ballot papers therein remains open. (4)
Where it is not necessary to use a paper seal
for securing the ballot box, the Presiding Officer shall after complying with
the provisions of sub-rule (2), secure and seal the box in such manner that the
slit in the box for insertion of ballot papers therein remains open and shall
also allow the candidates or their election or polling agents, who maybe
present affix their own seals on the space in the box meant here for if they so
desire. (5)
The paper seal or he other seals used for
securing a ballot box shall be affixed in such a manner that after the box has
been closed, sealed and secured, then they shall be placed in full view of the
Presiding Officer and the agents referred to in sub-rule (2). (1)
Subject to the other provisions of this rule
every voter who applies for a ballot paper for the purpose of voting at a
polling station shall, before receiving such paper allow: (a)
the inspection of his left fore-finger to the
Presiding Officer or any Polling Officer, and (b)
an indelible ink mark to be put on his left
fore-finger; (2)
Of any such voter:- (a)
refuses to allow such inspection of his left
fore-finger; (b)
refuses to allow an indelible ink mark to be
put on his left fore-finger; or (c)
persists in doing any act with a view to remove
such mark after it has been put; he shall not be entitled to be supplied with
any ballot paper or to record his vote at the election. (3)
No person who has already such a mark on his
left forefinger at the time he enters the polling station shall be supplied
with any ballot paper and if any such person applies for a ballot paper he
shall be liable to be arrested and prosecuted for personation. (4)
Any reference in this rule or in Rule 22 to
the left fore-finger of a voter shall, in the case where the voter has his left
fore-finger missing, be construed as a reference to any finger of his hand, and
shall, in the case where all the fingers of his left hand are missing, be
construed as a reference to the fore-finger 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 a reference such extremity of his left or right arm he
possesses. (1)
The voter on entering the polling station
shall first have his left fore-finger to be inspected by a polling officer for
the purpose of ascertaining if he/she already has any mark of indelible ink on
that finger. If there is no such mark, such or any other polling officers:- (a)
shall ascertain the voter's name and address
and such other particulars as appear in the electoral roll and, after having
checked these by reference to the electoral roll shall call out the number,
name and description of the voter according to the entry in the electoral roll; (b)
shall thereafter cause the left hand
fore-finger of the voter to be marked with indelible ink and then deliver a
ballot paper. Before delivering the ballot paper to a voter where a direction
has been issued in this behalf under Rule 19, the polling officer shall stamp the
ballot paper and its counterfoil on the back with such mark as may be have been
specified under that rule; and (c)
shall before delivering the ballot paper to a
voter:- (i)
record on its counterfoil the part number and
the serial number of the voter in the electoral roll as entered in the marked
copy of the electoral roll; (ii)
obtain the signature or thumb impression of
that voter on the said counterfoil; or (iii)
mark the name of the voter in the marked copy
of the list of voters to indicate that the ballot paper has been issued to him
without however recording therein the serial number of the ballot paper issued
to the voter; Provided that no ballot paper shall be
delivered to voter unless he has affixed his signature or thumb impression on
the counterfoil of that ballot paper. It shall not be necessary for any
Presiding Officer or Polling Officer or any other Officer to attest the thumb
impression of the voter on the counterfoil. (2)
No person in the polling station shall note
down the serial numbers of the ballot papers issued to particular voter. (3)
In deciding the right of a person to obtain a
ballot paper under this rule, the Presiding Officer at any polling station may
interpret an entry in the electoral roll so as to overlook merely clerical or
printing errors, provided that he is satisfied that such person is identical
with the voter to whom such entry relates. (1)
The Presiding Officer may employ at the
polling station such persons as he thinks fit to assist him or any Polling
Officer in identifying the voters. (2)
Where the electors have been supplied with
identity cards under the provisions of the Registration of Electors Rules, 1960
issued under Representation of People Act, 1950, the elector shall produce his
identity card before the Presiding Officer or the Polling Officer authorized by
him in this behalf. Where such identity cards are not issued, each elector
shall establish his identity by producing any such documents as are specified,
by order, by the State Election Commission. (1)
The voter on receiving the ballot paper shall
forthwith:- (a)
proceed to the voting compartment; (b)
make a mark on the ballot paper with the
instrument supplied for the purpose on or near the symbol of the candidate for
whom he intends to vote; (c)
fold the ballot paper so as to conceal his
vote; (d)
if required, show to the Presiding Officer
the distinguishing mark on the ballot paper;insert the folded ballot paper into
the ballot box.; (e)
quit the polling station. (2)
Every voter shall vote without undue delay. (3)
No voter shall be allowed to enter a voting
compartment, when another voter is inside it. (4)
The Presiding Officer at a polling station
shall, when he is so requested by a voter, explain to him the instructions contained
in these rules for recording of vote. (5)
If a voter to whom a ballot paper has been
issued, refuses after warning given by the Presiding Officer to observe the
procedure as laid down in sub-rule (1) the ballot paper issued to his shall,
whether he has recorded his vote thereon or not, be taken back from him by the
Presiding Officer or by a Polling Officer under the directions of the Presiding
Officer. (6)
After the ballot paper has been taken back
the Presiding Officer shall record on its back he words "cancelled: voting
procedure violated" and put his signature below those words. (7)
All the ballot papers on which the words
"cancelled : Voting procedure violated" are recorded, shall be kept
in a separate cover which shall bear on its face the words "ballot papers:
voting procedure violated.'" (8)
Without prejudice to any other penalty to
which voter from whom a ballot paper has been taken back under sub-rule (5) may
be liable, the vote if any, recorded on such ballot paper shall not be counted. (1)
If the Presiding Officer is satisfied that
owing to blindness or other physical infirmity a voter is unable to read the
names or recognize 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 eighteen years of age to the voting
compartment for recording the vote on the ballot paper on his behalf and in
accordance with his wishes and, if necessary for folding the ballot paper so as
to conceal the vote and inserting it into the ballot box: Provided that no person shall be
permitted to act as the companion of more than one vote at any polling station
on the same day; Provided further that before any
person is permitted to act as companion of a voter on any day under this rule,
the person shall be required to declare, that he will keep secret he vote
recorded by him on behalf of the voter and that he has not already acted as
companion of any other voter at any Polling station on that day. (2)
The Presiding Officer shall keep a record in
Form XVIII of all cases under this rule. At any time before a ballot paper is
delivered to a voter, the Presiding Officer or a Polling Officer may of his own
motion, if he has reason to doubt the identity of the voter or his right to
vote at such election and shall if so required by a candidate or polling agent,
put to the voter the following questions:- (1)
Are you the person enrolled as follows:- (reading
the whole entry from the electoral roll). (2)
Have you already voted at the present
election in this Ward? (3)
Have you already voted at the present
election in any other Ward? (4)
And the voter shall not be supplied with a
ballot paper if he refuses to answer any of these questions and unless he
answers the first question in the affirmative, the second and the third
question in the negative. (1)
Every ballot paper to be used at an election
shall have a counterfoil attached thereto and the said ballot paper and the
counterfoil shall be in such colour, form and the particulars therein shall be
in such language, or languages as the State Election Commission may direct. It
shall also contain the symbols allotted to the candidates. (2)
The ballot paper shall contain the name of
candidates in the same order in which they appear in the list of contesting
candidates. (3)
If two or more candidates bear the same name
they shall be distinguished by the addition of their occupation or residence or
in some other manner. (4)
The ballot papers shall be serially numbered
and the counterfoils thereof shall have on their faces the same serial numbers
as those contained on the faces of the ballot paper. (1)
If a person representing himself to be a
particular voter seeks 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 subject to the following
provisions of this rule, to mark a ballot paper (hereinafter in these rules
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 XIX. (3)
A tendered ballot paper shall be the same as
the other ballot papers used at the polling station except that- (a)
such tendered ballot papers shall be serially
the last in to the bundle of ballot papers issued for use at the polling
station; and (b)
such tendered ballot paper and its
counterfoil shall be endorsed on the back with the words "tendered ballot
paper" by the Presiding Officer, in his own hand and signed by him; (4)
The voter after making a tendered ballot
paper in the voting 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. (1)
Any polling agent may challenge the identity
of a person claiming to be a particular voter by first depositing a sum of
Rupees five in cash with the Presiding Officer for each such challenge. (2)
On such deposit being made, the Presiding
Officer shall:- (a)
Warn the person challenged bf 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 votes in Form XX, and (d)
Require him to affix his signature in the
said list. (3)
The Presiding Officer shall thereafter hold a
summary enquiry in respect of the challenge 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 identify 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. (4)
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. (5)
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 the deposit made under sub-rule (1) be forfeited to the Municipal
Corporation concerned and in any other case he shall return it to the
challenger at the conclusion of the enquiry. (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 and the counterfoil of such ballot paper 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 and the counterfoil of such ballot paper shall be
marked as "returned: cancelled" by the Presiding Officer. (3)
All the ballot papers cancelled under
sub-rule (1) and sub-rule (2) shall be kept in separate packet. (1)
(a) Where the poll is adjourned under Section
58 of the Act, the fact that the poll has been so stopped shall be immediately
be announced by the Presiding Officer to the persons present at the polling
station. (b) If the Presiding Officer considers
it necessary to stop polling for a short interval due to heavy rain or
dislocation of work in the polling station for some reason or other or due to
disturbance of peace in the neighborhood of the polling station, he can do so
by informing the public to that effect tinder intimation to the Commissioner
through the Returning Officer. In such an event, the poll can be resumed and
continued beyond the period fixed for the poll to the extent of the time for
which the poll was stopped. (2)
Where a Presiding Officer stops a poll under
sub-rule (1)(a), he shall observe the procedure laid down in Rule 34 and make a
full report of the circumstances to the Commissioner through Returning Officer.
The Commissioner in turn shall forward the same expeditiously with his remarks
thereon, to the State Election Commissioner through the Election Authority. (3)
The State Election Commission shall thereupon
orders.- (a)
that the poll be continued at the polling
station for the number of hours for which it was not held on the previous
occasion, provided that not less than 50% of the voters had cast their votes;
or (b)
that the proceedings at the poll held at the
polling station on the previous occasion be ignored and that a fresh poll be
held at such polling station for the full number of hours for which it should
have been held on the previous occasion, (4)
Any order passed under sub-rule (3) shall
state,- (i)
the date on which and the hours between which
the continuation poll or the fresh poll, as the case may be, shall be held; and (ii)
the date on which and the place and hour at
which, the Returning Officer will commence the counting of the votes; and (5)
(a) where an order is passed under clause (a)
of sub-rule (3) for the continuation of the poll, the Returning Officer shall
proceed afresh for conducting the poll and return to the Presiding Officer
appointed all the packets received by him under sub-rule (2). (b) the Presiding Officer shall open
the packets just before the commencement of the continuation poll in the
presence of such persons as may be present at the polling station and commence
such poll precisely at the hour fixed there for in the order passed by the
Station Election Commission under clause (a) of sub-rule (3). (c) at the continuation, poll, the
Presiding Officer shall allow only such electors to vote who did not vote on
the previous occasion. (6)
Where an order is passed under clause (b) of
sub-rule (3) for holding a fresh poll, the Returning Officer shall proceed
afresh for conducting afresh poll which shall be held at the polling station
concerned in accordance with the provisions of these rules in all respects as
if it were being held at such polling station for the first time. Explanation:--There shall be no fresh
nominations in cases falling under this sub-rule. (7)
Notwithstanding anything contained in this
rule, if a candidate belonging to a recognised political party or a registered
political party to which a symbol, if any, is reserved, dies at any time before
orders are passed by the State Election Commission under sub-rule (3) or at any
time after the passing of such orders but before the commencement of
continuation poll or of the fresh poll, as the case may be, the Returning
Officer shall upon being satisfied of the fact of the death of the candidate,
intimate such fact to the State Election Commission through the Commissioner
and stop all further proceedings in connection with the election and start
election proceedings afresh in all respect as if for a new election to the seat
concerned; Provided that no fresh nomination
shall be necessary in the case of the remaining candidates who stood nominated
at the time when poll was stopped. (1)
If at any election, a ballot box is
unlawfully taken out of the custody of the Returning Officer or the Presiding
Officer and is in any way damaged or tampered with or is either accidentally or
intentionally destroyed or lost, the procedure prescribed in Section 59 of the
Act shall be followed. Where booth capturing taken place the
procedure prescribed in Section 59-A of the Act shall be followed. (1)
The Presiding Officer of each polling station
shall, as soon as practicable after the close of the poll, in the presence of
any candidates or their election or polling agents who maybe present, close the
slit for insertion of ballot papers of each ballot box, or where the box does
not contain any mechanical devise for closing the slit, seal up the slit, and
seal and secure all the ballot boxes used at the polling station. The Presiding
Officer shall allow the candidates or their election agents and their polling
agents present at the polling station to fix their seals on the slit ballot box
or boxes. (2)
After sealing and securing the ballot box or
boxes in accordance with the provisions of sub-rule (1), the Presiding Officer
shall cause each such ballot box wrapped with new cloth which shall be sealed
on the seams with his seal and also with the seals of any candidates or their
election or polling agents who may be present and desire to affix their seals
thereon. He shall also put his signature, and allow those candidates or their
election or polling agents who may be present and desire to do so, to put their
signature on a piece of paper which shall be properly pasted on the cloth in which
each such ballot box has been wrapped. (3)
(i) The Presiding Officer shall also make up
into separate packets:- (a)
the unused ballot paper (i.e., those with
signature of the Presiding Officer and without the signature of the Presiding
Officer); (b)
Counterfoils of the used ballot papers; (c)
The covers containing the tendered ballot
papers; (d)
The returned ballot paper (i.e., those
cancelled under Rule 30 and for violation of voting procedure under Rule 24); (e)
The marked copy of the electoral roll; (f)
The cover containing the tendered ballot
papers and the list in Form XIX. (g)
The list of challenged votes; and (h)
Any other papers directed by the Returning
Officer to be kept in a sealed packet. (ii) Each such packet shall be sealed
with the seal of the Presiding Officer and also of such candidates or their
election or polling agents as may be present and may desire to affix their
seals thereon. He shall as soon as practicable deliver the ballot box or boxes
and all such packets and all other papers used at the poll or cause them to be delivered
to the Returning Officer at such place as the Returning Officer may direct,
subject to any general or special instructions issued in this behalf by the
Commissioner. The packets referred to in Rule 30
shall be accompanied by an account of ballot papers in Form XXI made by the
Presiding Officer showing the total number of ballot papers entrusted to him,
for the polling station and the member of ballot papers returned by him to the
Returning Officer as un-used, tendered and returned ballot papers as also the
number of ballot papers which should be found in the ballot boxes. The
Presiding Officer shall furnish to every polling agent present at the close of
the poll, a true copy of the entries made in the ballot paper account after
obtaining a receipt from the said polling agent thereof and shall also attest
it as a true copy. The Returning Officer shall make
adequate arrangements for the safe transport of all ballot boxes, packets, and
other papers referred to in Rule 30 and for their safe custody until the
commencement of the counting of votes. At an election where a poll is taken,
any member of the armed forces of the Union or a member of the Armed Police
Force of the State Serving outside the State may give his vote by postal ballot
and such person shall not be entitled to give his vote in any other manner. (1)
Subject to the other provisions of this rule,
a voter of a Wart may, if he is subjected to preventive detention under any law
for the time being in force, give his vote by postal ballot at any election in
such Ward where a poll is taken and such a voter shall not so long as he is
subject to such detention, be entitled to give his vote in any other manner. (2)
As soon as possible after a notification
calling upon to elect a Member has been issued, the Commissioner shall
ascertain if any voter for the Ward is subject to preventive detention under
any law for the time being in force and shall within ten days from the date of
publication of such notification forward to the Returning Officer the number
names of such voters in that Ward who are under such detention together with
their addresses and serial in the electoral roll and the particulars about
their places of detention. (3)
Any voter of a Ward who is subject to
preventive detention under any law for the time being in force may, within ten
days from the date of publication of a notification calling upon that Ward to
elect Member apply to the Returning Officer of the Ward for permission to give
his vote by postal ballot at such election. Every such application shall
specify the name of the voter, his address, his serial number in the electoral
roll and the particulars regarding his place of detention. (4)
If the Returning Officer is satisfied that
the person whose name has been forwarded under sub-rule (3) is under preventive
detention and is a voter of the Ward to which the election relates and is
entitled to vote at such election, he shall permit such person to give his vote
at the election by postal ballot. (5)
While granting any such permission the
Returning Officer shall at the same time cause suitable notes to be recorded in
each copy of the electoral rolling which such person is registered and which is
intended to be used at the polling station where such person would if he had
not been under detention, have normally voted so as to indicate that such
person has been permitted to give his vote at the election by postal ballot. (1)
Presiding Officer, Polling Officer, or public
servant, who is a voter for any Ward and is by reason of his being on duty at a
polling station unable to be present and to vote at the polling station where
he is entitled to vote, may apply to the Returning Officer of the Ward for which
he is a voter atleast seven days before the date or the first of the dates
fixed for the poll at the Ward for permission to vote at the election by postal
ballot. Every such application which shall be in Form XXII shall, specify the
name of the voter, his address and his serial number in the electoral roll. (2)
If the Returning Officer is satisfied that
the claim is just and that the applicant is entitled to vote in the Ward, he
shall allow the application and permit the applicant to give his vote at the election
by postal ballot and thereupon the applicant may give his vote at such election
by postal ballot and shall not be entitled to give his vote thereat in any
other manner. (3)
While allowing such an application the
Returning Officer shall, at the same time cause suitable notes to be recorded
in each copy of the electoral roll in which the applicant is registered and
which is intended to be used at the polling station where the applicant would
otherwise have normally voted so as to indicate that the applicant has been
permitted to give his vote at the election by the postal ballot. (4)
Where such voter, being a Polling Officer,
Presiding Officer or other public servant on election duty in the Ward of which
he is an elector, wishes to vote in person at an election in a Ward and not by
post, he shall send an application in Form XXIII to the Returning Officer so as
to reach him at least four days, or such shorter period as the Returning
Officer may allow, before the date of poll; and if the Returning Officer is satisfied
that the applicant is such public servant and voter on election duty in the
Ward he shall- (a)
issue to the applicant an election duty
certificate in Form XXIV; (b)
mark 'EDC' against his name in the marked
copy of the electoral roll to indicate that an election duty certificate has
been issued to him, and (c)
ensure that he is not allowed to vote at the
polling station where he would otherwise have been entitled to vote. (1)
The Returning Officer shall, in the case of
very voter, who is authorized under Rule 37 or who has been permitted under
sub-rule (4) of Rule 38 to give his vote at the election by postal ballot, as
soon as may be after the publication under Rule 9 of the list of contesting candidates
at the election and in the case of every voter who has been permitted under
sub-rule (2) of Rule 38 to give his vote at the election by postal ballot as
soon as may be after such permission has been granted, send by post under
certificate of posting to each such voter, a ballot paper in Form XXV. The
names of the candidates shall be arranged on the postal ballot paper, in the
order in which they appear in the list of contesting candidates. If two or more
candidates bear the same name, they shall be distinguished by the addition of
their occupation or residence or in some other manner. The Returning Officer
shall at the same time: (a)
record on the counterfoil of the ballot paper
the electoral roll number of the voter as entered in the marked copy of the electoral
roll; (b)
mark the name of the voter in the marked copy
of the electoral roll to indicate that a ballot paper has been issued to him,
without however recording therein the serial number of the ballot paper issued
to that voter; and (c)
ensure that the voter is not allowed to vote
at a polling station. (2)
A postal ballot paper shall be sent to the
voter by post under certificate of posting together with,- (a)
declaration in Form XXVI; (b)
an envelope in Form XXVII with the number of
ballot paper entered on its face; (c)
a large cover addressed to Returning Officer
himself in Form XXVIII; and (d)
instructions for guidance of voter in Form
XXIX. (3)
The ballot paper together with cover,
envelope and letter shall be sent: (a)
in the case where the voter is a member of
the Armed Forces of the Union to the address of the voter as shown in the
electoral roll; (b)
in the case where the voter is a person
subject to preventive detention to such voter at the place of his detention;
and (c)
in the case where the voter is a person, who
has been permitted under sub-rule (2) of Rule 38 to give his vote by postal
ballot, to such voter at the address given in the application made by him under
sub-rule (1) of that rule. (4)
After all the ballot papers have been issued
under this rule, the Returning Officer shall seal up in a packet the
counterfoil of all such ballot papers and record on such packet the description
of its contents and the same of the Ward and the date of the election to which
it refers. (5)
No election shall be invalidated by reason
that a voter has not received his ballot paper provided that a ballot paper has
been issued to him in accordance with these rules. (1)
A voter who has received a postal ballot
paper and desires to vote shall record his vote on the ballot paper in accordance
with the directions contained in Part I of Form XXIX and then enclose it in the
cover in Form XXVII. (2)
The voter shall sign the declaration in Form
XXVI in the presence of and have the signature attested by a Stipendiary or
Honorary Magistrate or such other officer specified below as may be
appropriate, to whom he is personally known, or to whose satisfaction he has
been identified,- (a)
in the case of member of the Armed' Force of
the Union or an Armed Police Force of the State but is serving outside the
State, such officer as may be appointed in this behalf by the commanding
officer of the unit, ship or establishment in which the voter or her husband,
as the case may be, is employed; (b)
in the case of a voter on election duty, any
Gazetted Officer; (c)
in the Case of a voter under preventive
detention, the superintendent of the jailor the commandant of the detention
camp in which the voter is under detention. (1)
If a voter unable through illiteracy,
blindness or other physical infirmity to record his vote on a postal ballot
paper and sign the declaration, he shall take the ballot paper together with
the declaration and the covers received by him to an officer competent to
attest his signature under sub-rule (2) of Rule 38 and request the officer to
record his vote and sign his declaration on his behalf. (2)
Such officer shall thereupon mark the ballot
paper in accordance with the wishes of voter in his presence, sign the
declaration on his behalf and complete the appropriate certificate contained in
Form XXVI. (1)
When a postal ballot paper and other papers
sent under Rule 38 are for any reason returned undelivered, the Returning
Officer may reissue them by post under certificate of posting or deliver them
or cause them to be delivered to the voter personally on a request being made
by him. (2)
If any voter has inadvertently dealt with the
ballot paper or any of the other paper sent to him under Rule 40 in such a
manner that they cannot conveniently be used, a second set of papers shall be
issued to him after he has returned the spoilt papers satisfying the Returning
Officer of the inadvertence. (3)
The Returning Officer, shall cancel the
spoilt papers so returned and keep them in separate packet after noting thereon
the particulars of the election and the serial number of the cancelled ballot
papers. (1)
After a voter has recorded his vote and made
his declaration under Rule 41 or Rule 42, he shall return the ballot paper and
declaration to the Returning Officer, in accordance with the instructions
communicated to him in Part II of Form XXIX, so as to reach the Returning
Officer before the hour fixed for the commencement of counting of votes. (2)
If any cover containing a postal ballot paper
is received by the Returning Officer after the expiry of the time fixed in
sub-rule (1), he shall note thereon the date and time of the receipt and shall
keep all such covers together in a separate packet. (3)
The Returning Officer shall keep in safe
custody until the commencement of the counting of votes all cover containing
postal ballot papers received by him under Rule 41 or Rule 43. The Returning Officer shall keep in
safe custody until the commencement of the counting of votes all covers
containing postal ballot papers received by him under Rule 41 or Rule 43. (1)
The counting of votes shall commence on the
day and at the place and hour appointed in that behalf/Votes shall be counted
by or under the supervision of the Returning Officer. Each candidate, the
election agent and the counting agent of each candidate shall have a right to
be present at the time of counting. No other person shall be allowed to be
present except such person as the Returning Officer may appoint to assist him
in counting votes and no person shall be appointed to assist in counting votes
who has been employed by or on behalf of any candidate for any purpose
whatsoever connected with the election. (2)
If, at the time so appointed for the counting
of voters at any such place all the ballot boxes containing ballot papers which
are to be counted at such place under sub-rule (1) have not been received by
the Returning Officer or, if for any other unavoidable cause he is unable to
proceed with the counting of votes at the time and date appointed under
sub-rule (1), the Returning Officer may postpone the counting, and fix the date
and time of counting as per the directions of State Election Commission and may
fix, if necessary, another place for the counting of votes on the date to which
the counting has been so postponed, and shall give notice thereof in writing to
all the candidates or their election agents. (1)
The Returning Officer shall exclude from the
place fixed for counting of votes all persons except:- (a)
Persons appointed as counting supervisors and
counting assistants to assist him in the counting; (b)
Persons authorized by the State Election
Commission or by the Election Authority; (c)
Public servants on duty in connection with
the election; and (d)
Candidates, their election agents and
counting agents. (2)
No person who has been employed by or on
behalf of or has been otherwise working for a candidate in or about the
election shall be appointed under clause (a) 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. (4)
Any person who, during the counting of votes,
misconducts himself or fails to obey the lawful directions of the Returning
Officer may be removed from the place where the votes are being counted by the
Returning Officer or by any police officer on duty or by any person authorized
in this behalf by the Returning Officer. The Returning Officer shall, before he
commences the counting of votes read the provisions of Section 602 of the Act
to such persons as are present. The Returning Officer shall first deal
with the postal ballot papers in the manner hereinafter provided: (a)
No cover in Form XXVIII received by the
Returning Officer after the expiry of the time fixed in that behalf shall be
opened and no vote contained in any such cover shall be counted. (b)
Other covers shall be opened one after
another and as each cover is opened the Returning Officer shall first
scrutinize the declaration in Form XXVI contained therein. (c)
If the said declaration is not found or has
not been duly signed, attested or is otherwise substantially defective or if
the serial number of the ballot paper as entered in it differs from the serial
number endorsed on the cover in Form XXVII, that cover shall not be opened, and
after making an appropriate endorsement thereon, the Returning Officer shall
reject the ballot paper therein contained. (d)
Each cover so endorsed and the declaration
received with it shall be replaced in the cover in Form XXVIII and all such
covers in Form XXVIII shall be kept in a separate packet, on which shall be
recorded the name of the Ward, the date of counting and brief description of
its contents. (e)
The Returning Officer shall then place all
the declarations in Form XXVI which he has found to be in order in a separate
packet which shall be sealed before any cover in Form XXVII is opened and on
which shall be recorded the particulars referred to in sub-rule (d). (f)
The covers in Form XXVII not already dealt
with under the foregoing provisions of this rule shall then be opened one after
another and the Returning Officer shall scrutinize each ballot paper and decide
the validity of the vote recorded thereon. (g)
A postal ballot paper shall be rejected,- (i)
if it bears any mark (other than the mark to
record the vote) or writing by which the voter can be identified; or (ii)
?if no
vote is recorded thereon; or (iii)
if votes are given on it in favour of more
candidates than one; (iv)
if it is a spurious ballot paper; or (v)
if it is so damaged or mutilated that its
identity as a genuine ballot paper cannot be established; or (vi)
if it is not returned in the cover sent along
with it to the voter by the Returning Officer. (h)
A vote recorded on a postal ballot paper
shall be reject if the mark indicating the vote is placed on the ballot paper
in such manner as to make it doubtful to which candidate the vote has been
given. (i)
A vote recorded on a postal ballot paper
shall not be rejected merely on the ground that the mark indicating the vote is
indistinct or made more than bone, if the intention that that vote shall be for
a particular candidate clearly appears from the way the paper is marked. (j)
The Returning Officer shall count all the
valid votes given by postal ballot in favour of each candidate, record the
total thereof in the result sheet in Form XXX and announce the same. (k)
Thereafter all the valid ballot paper and all
the rejected ballot papers shall be separately bundled and kept together in a
packet which shall be sealed with the seal of Returning Officer and of such of
the candidates, their election agents, counting agents as may desire to affix
their seals thereon and on the packet so sealed shall be recorded the name of
the Ward, the date of counting and brief description of its contents. (1)
The Returning Officer shall open, or cause to
be opened, simultaneously the ballot box or boxes used at more than one polling
station and shall have the total number of ballot papers found in such box or
boxes counted and recorded in Part II of Form XXI: Provided that discrepancy, if any,
between the total number of such ballot papers recorded as aforesaid and the
total number of ballot papers shown against item No. 5 of Part I shall also be
recorded in Part II of Form XXI. (2)
Before any ballot box is opened at a counting
table, the counting agents present at the table shall be allowed to inspect the
paper seal or such other seal as might have been affixed thereon and to satisfy
themselves that it is intact. (3)
The Returning Officer shall satisfy himself
that none of the ballot boxes has in fact been tampered with. (4)
If the Returning Officer is satisfied that
any ballot box has in fact been tampered with, he shall not count the ballot
papers contained in that box and shall follow the procedure laid down in
Section 59 of the Act, in respect of that polling station. (1)
Subject to such general or special
directions, if any, as may be given by the State Election Commission in this
behalf, the ballot papers taken out of all boxes used at more than one polling
station in a Ward shall be mixed together and then arranged in convenient
bundles and scrutinized. (2)
The Returning Officer shall reject a ballot
paper if,- (a)
it bears any mark or writing by which the
voter can be identified, or (b)
to indicate the vote, it bears a mark made
otherwise than with the instrument supplied for the purpose, or (c)
votes are given on it in favour of more than
one candidate; or (d)
the mark indicating the votes thereon is
placed in such manner as to make it doubtful to which candidate the vote has
been given; or (e)
it is a spurious ballot paper; or (f)
it is so damaged or mutilated that its
identify as a genuine ballot paper cannot be established or (g)
it bears a serial number, or is of a design
different from the serial numbers, or, as the case may be design of the ballot
papers authorized for use at the particular polling station; or (h)
does not bear the mark which it should have
borne under the provisions of sub-rule (1) of Rule 19: Provided that where the Returning
Officer is satisfied that any such defect as is mentioned in clause (g) or
clause (h) has been caused by any mistake or failure on the part of the
Presiding Officer or Polling Officer the ballot paper shall not be rejected
merely on the ground of such defect; Provided further that the 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. (3)
Before rejecting any ballot paper under
sub-rule (1) the returning Officer shall allow the counting agents present, a
reasonable opportunity to inspect the ballot paper but shall not allow them to
handle it or any other ballot paper. The Returning Officer shall record on
every ballot paper which he rejects the letter "R" and the ground of
rejection in abbreviated form either in his own hand or by means of rubber
stamp and shall initial such endorsement. All ballot papers rejected shall be
bundled together. Every ballot paper which is not rejected under this rule
shall be counted as one valid vote provided that no cover containing
"Tendered ballot paper" shall be opened and no such paper shall be
counted. (4)
After the counting of all papers contained in
all the ballot boxes used in a Ward has been completed, the Returning Officer
shall make the entries in a result sheet in Form XXX and announce the
particulars. (5)
The decision of the Returning Officer as to
the validity of a ballot paper contained in ballot box or of a postal ballot
paper or of a vote given on a postal ballot paper shall be final subject to any
decision to the contrary given by a tribunal on the trial of an election
petition calling in question the election. The Returning Officer shall, as far as
practicable, proceed continuously with the counting and shall, during any
interval when the counting has to be suspended, keep the ballot papers, packets
and all other papers relating to the election sealed with his own seal and the
seals of such candidates or election agents as may desire to affix their sals
and take sufficient precaution for their safe custody during such intervals. If a fresh is held, under Section 59
of the Act, Returning Officer shall after completion of the poll recommence
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 and their election agents. (1)
After completing of the counting, the
Returning Officer shall record in the result sheet in Form XXX the total number
of votes polled by each candidate and announce the same. (2)
After such announcement has been made, a
candidate or in his absence, his election agent or any of his counting agents
may apply in writing to the Returning Officer to recount the votes either
wholly or in part stating the grounds on which he demands such recount. (3)
On such an application being made, the
Returning Officer shall decide the matter and may allow the application in
whole or in part or may reject it in toto, 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 therefor. (5)
If the Returning Officer decides under
sub-rule (3) to allow a recount of the votes either wholly or in part, he
shall:- (a)
do the re-counting: (b)
amend the result sheet in Form XXX to the
extent necessary after such recount; and (c)
announce the amendments 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 XXX and no
application for another recount shall be entertained thereafter. (7)
Any candidate or his agent shall on
application be supplied with a copy of the results sheet in Form XXX. The Returning Officer shall subject to
the provisions of Sections 64, 65 and 66 of the Act, and so far they apply to
any particular case. (a)
declare in Form XXXI the candidate to whom
the largest number of valid votes have been given, to be elected under Section
65 of the Act, and send a signed copy thereof to the State Election Commission,
Election Authority and the Commission as required under Section 66 of the Act;
and (b)
complete and certify a return of election in
Form XXXII and send signed copies thereof to the State Election Commissioner,
Election Authority and the Commissioner. As soon as may be after a candidate
has been declared by the Returning Officer under the provisions of Section 65
of the Act, to have been elected, the Returning Officer shall grant to such
candidate a certificate of Election in Form XXXII and obtain from the candidate
an acknowledgment of its receipt duly signed by him and immediately send the
acknowledgment to the Municipal Secretary. All ballot boxes used in the election
and the packets of ballot papers and all other papers relating to the election
shall be kept in such custody as the Commissioner may direct. While in custody of the Returning
Officer,- (a)
the packets of unused ballot papers with the
counterfoil attached thereto, (b)
the packets of used ballot papers whether valid,
tendered or rejected, (c)
the packets of counterfoils of used ballot
papers, (d)
the packet of marked copy of electoral roll, (e)
the packets of the declaration by voters and
attention of their signatures, and (f)
the counterfoils of the postal ballot papers; (g)
shall not be opened and their contents shall
not be inspected by or produced before any person or authority excepts under
the order of a competent Court or of a Tribunal. (1)
The packets referred to in Rule 58 shall be
retained for a period of one year and shall thereafter be destroyed subject to
any direction to the contrary given by the State Election Commission or by a
competent Court or by a Tribunal. (2)
All other papers relating to the election
shall be retained for a period of two years from the date of declaration of the
result of election. (1)
The deposit made under Rule 3 shall either be
returned to the person making it or his legal representative or be forfeited to
the Municipal Corporation concerned in accordance with the provision of this
rule. (2)
Except in cases hereinafter mentioned in this
rule the deposit shall be returned as soon as practicable after the result of
the election is declared. (3)
If the candidate is not shown in the list of
contesting candidates or if 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 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 sixth of the total number of valid votes polled by all the
candidates. (5)
Notwithstanding anything in sub-rules (2),
(3) and (4) if at an election the candidate is a contesting candidate in more
than one Ward not more than one of the deposits shall be returned and other
shall be forfeited. CHAPTER III Voting by
Electronic Voting machines Every Electronic Voting Machine
(hereinafter referred to as the Voting machine) shall have a Control Unit and a
Balloting Unit and shall be of such designs as may be approved by the State
Election Commission. (1)
One Voting Machine shall be used for Election
to the Office of Ward Member. (2)
The Balloting Unit of the voting machine
shall contain such particulars in such language or languages as the State Election
Commission may specify. (3)
The names of the candidates shall be arranged
on the Balloting unit in the same order in which they appear in the list of the
contesting candidates. (4)
If two or more candidates bear the same name,
they shall be distinguished by the addition of their occupation or residence or
in some other manner. Subject to the foregoing provisions of
the rule, the Returning Officer shall,- (a)
fix the label containing the names and
symbols of the contesting candidates in the Balloting Unit and secure that unit
with his seal and the seals of such of the contesting candidates or their
election agents present as are desirous of affixing the same. (b)
Set the number of contesting candidates and
close the candidate set section in the control unit and secure it with his seal
and the seals of such of the contesting candidates or their election agents
present as are desirous of affixing the same. (1)
Outside each polling station there shall be
displayed prominently,- (a)
a notice specifying the polling area, the
electors of which are entitled to vote at the polling station and when the'
polling area has more than one polling station, the particulars of the electors
so entitled; 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 the electors can record their votes
free from observation. (3)
The Returning Officer shall provide at each
polling station one voting machine and copies of relevant part of the electoral
roll and such other election material as may be necessary for taking the poll. The provisions of Rule 16 shall apply
to regulate the entry of electors and other persons inside the polling station. (1)
The control unit and balloting unit of every
voting machine used at a polling station shall bear a label marked with,- (a)
the serial number and the name of the ward; (b)
the serial number and the name of the polling
station; (c)
the serial number of the unit; and (d)
the date of poll. (2)
Immediately before the commencement of the
poll, the Presiding Officer shall demonstrate to the polling agents and other
persons present that no vote has been already recorded in the voting machine
and it bears the label referred to in sub-rule (4) of Rule 62. (3)
A paper seal shall be used for securing the
control unit of the voting machine, and the Presiding Officer shall affix his
own signature on the paper seal and obtain thereon the signature of such of the
polling agents present as are desirous of affixing the same. (4)
The Presiding Officer shall thereafter fix
the paper seal so signed in the space meant therefore in the control unit of
the voting machine and shall secure and seal the same. (5)
the seal used for securing the control unit
shall be fixed in such manner that after the unit has been sealed, it is not
possible to press the "result button" without breaking the seal. (6)
The control unit shall be closed and secured
and placed in full view of the Presiding Officer and the polling and the
balloting unit placed in the voting compartment. Immediately before the commencement of
the poll, the Presiding Officer shall also demonstrate to the polling agents
and others present, that the marked copy of the electoral roll to be used
during the poll does not contain any entry other than that made with regard to
issue of postal ballot papers and election duty certificates. (1)
Where a polling station is for both men and
women electors, the Presiding Officer may direct that they shall be admitted
into the polling station alternately in separate batches. (2)
The Returning Officer or the Presiding
Officer may appoint a women to serve as an attendant at any polling station to
assist women electors and also to assist the Presiding Officer-generally in
taking the poll in respect of women electors, and in particulars, to
help/frisking any women elector in case it becomes necessary. (1)
The Presiding Officer may employ at the
polling station such persons, as he thinks fit to help identification of the
electors or to assist him otherwise in taking the poll. (2)
As each elector enters the polling station,
the Presiding Officer/or the Polling Officer authorised by him in this behalf
shall check the elector's name and other particulars with the relevant entry in
the electoral roll and then call out the serial number, name and other
particulars of the elector. (3)
Where the electors have been supplied with
identity cards under the provisions of the Registration of Electors Rules, 1960
issued under Representation of People Act, 1950, the elector shall produce his
identity card before the Presiding Officer or the Polling Officer authorised by
him in this behalf. Where such identity cards are not issued, each elector
shall establish his identity by producing any such documents as are specified,
by order, by the State Election Commission. (4)
In deciding the right of a person to cast his
vote, the Presiding Officer or the Polling Officer, as the case may be, shall
over look the clerical or printing errors in an entry in the electoral roll if
he is satisfied that such person is identical with the elector to whom such entry
relates. (1)
The provisions of Rule 68 shall not apply to
any person, who produces at the polling station an election duty certificate
issued by Returning Officer and seeks permission to cast his vote at that
polling station although it is different from the one where he is entitled to
vote. (2)
On production of such certificate, the
Presiding Officer shall,- (a)
obtain thereon, the signature of the person
producing it; (b)
have the person's name and electoral roll
number as mentioned in the certificate entered at the end of the marked copy of
the electoral roll; and (c)
permit him to cast his vote in the same
manner as for an elector entitled to vote at that polling station. Where the identity of an elector is
challenged, the provisions of Rule 29 shall apply. (1)
Every elector about whose identity the
Presiding Officer or the Polling Officer, as the case may be, is satisfied,
shall allow his left forefinger to be inspected by the Presiding Officer or
Polling Officer and an indelible ink mark to be put on it. (2)
If any elector,- (a)
refuse to allow his left forefinger to be
inspected or marked in accordance with sub-rule (1) or has already such a mark
on his left forefinger or does any act with a view to removing the ink mark; or (b)
fails or refuses to produce his identity card
as required by sub-rule (3) of Rule 68 he shall not be allowed to vote. (3)
Any reference in this rule to the left
forefinger of an elector shall, in the case where the elector has his left
forefinger missing, he construed as a reference to any other finger to 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 forefinger or any other finger of both the
hands are missing be construed as a reference to such extremity of his left or
night arm as he possesses. (1)
Before permitting an elector to vote the
polling officer shall,- (a)
record the electoral roll number of the
elector as entered in the marked copy of the electoral roll in a register of
voters in Form XXXIV; (b)
obtain the signature or the thumb impression
of the elector on the said register of votes; and (c)
mark the name of the elector in the marked
copy of the electoral roll to indicate that he has been allowed to vote: Provided that no elector shall be
allowed to vote unless he has affixed his signature or thumb impression on the
register of voters. (2)
It shall not be necessary for any Presiding
Officer or Polling Officer or any other officer to attest the thumb impression
of the elector on the register of voters. (1)
Every elector who has been permitted to vote
under Rule 72 shall maintain secrecy of voting within the polling station and
for that purpose observe the voting procedure hereinafter laid down. (2)
Immediately on being permitted to vote the
elector shall proceed to the Presiding Officer or the polling Officer-in-charge
of the control unit of the voting machine who shall, by pressing the
appropriate button on the control unit, activate the balloting unit, for
recording of elector's vote. (3)
The elector shall thereafter forthwith,- (a)
proceed to the voting compartment; (b)
record his vote by pressing the button on the
balloting unit against the name and symbol of the candidate for whom he intends
to vote; and (c)
come out of the voting compartment and leave
the polling station. (4)
Every elector shall vote without undue delay. (5)
No elector shall be allowed to enter the
voting compartment when another elector is inside it. (6)
If an elector who has been permitted to vote
under Rule 72 or Rule 76 refuses after warning given by the Presiding Officer
to observe the procedure laid down in sub-rule (3) or sub-rule (3) of Rule 76,
the Presiding Officer or a polling Officer under the direction of the Presiding
Officer shall not allow such elector to vote. (7)
Where an elector is not allowed to vote under
sub-rule (6), a remark to the effect that voting procedure has been violated
shall be made against the elector's name in the register of voters in Form
XXXIV by the Presiding Officer under his signature. (1)
If the Presiding Officer is satisfied that
owing to blindness or other physical infirmities an elector is unable to read
the names or recognise the symbols on the balloting unit of the voting machine
or unable to record his vote by pressing the appropriate button thereon without
assistance, the Presiding Officer shall permit the elector to take with him a
companion of not less than eighteen years off to the voting compartment for
recording the vote on his behalf and in accordance with his wishes: Provided that no person shall be
permitted to act as the companion of more than one elector at any polling
station on the same day; Provided further that before any
person is permitted to act as the companion of an elector on any day under this
rule that person shall be required to declare that he will keep secret the vote
recorded by him on behalf of the elector and that he has not already acted as
the companion of any other elector at any other polling station on that day. (2)
The Presiding Officer shall keep a record of
all cases under this rule in Form XVIII. If an elector, after his electoral
roll number has been entered in the register of voters in Form XXXIV and has
put his signature or thumb impression thereon as required under clause (b),
sub-rule (1) of Rule 72, decided not to record his vote, a remark to this
effect shall be made against the said entry in Form XXXIV by the Presiding
Officer and the signature or thumb impression of the elector shall be obtained
against such remark. (1)
If a person representing himself to be a
particular elector seeks to vote after another person has already voted as such
elector, he shall, on satisfactory answering such questions relating to his
identity as the Presiding Officer may ask, be, instead of being allowed to vote
through the balloting unit, supplied with a tendered ballot paper which shall
be such design and the particulars of which shall be in such language or
languages as the State Election Commission may specify. (2)
Every such elector shall before being
supplied with tendered ballot paper affix his signature or thumb impression
against the entry relating to him in a list in Form XXXV. (3)
On receiving the ballot paper he shall
forthwith,- (a)
proceed to the voting compartment; (b)
record there his vote on the ballot paper by
placing a cross mark "X" with instrument or article supplied for the
purpose on or near the symbol of the candidate for which he intends to vote; (c)
fold the ballot paper so as to conceal his
vote; (d)
give it to the Presiding Officer who shall
place it in a cover specially kept for the purpose; and (e)
leave the polling station. (4)
If owing to blindness or physical
infirmities, such elector is unable to record his vote without assistance the
Presiding Officer shall permit him to take with him a companion, subject to the
same conditions and after following the same procedure as laid down in Rule 74
for recording the vote in accordance with his wishes. (1)
The Presiding Officer may whenever he
considers it necessary to do so, enter the voting compartment during poll and
take such steps as may be necessary to ensure that the balloting unit is not
tempered or interfered with in any way. (2)
If the Presiding Officer has reason to
suspect that an elector who has entered the voting compartment is tampering or
otherwise interfering with the balloting unit or has remained inside the voting
compartment for unduly long period, he shall enter the voting compartment and
take such steps as may be necessary to ensure the smooth and orderly progress
of the poll. (3)
Whenever the Presiding Officer enters the
voting compartment under this rule, he shall permit the polling agents present
to accompany him if they so desire. (1)
The Presiding Officer shall close a polling
station at the hour fixed in that behalf under Section 57 of the Act, and shall
not thereafter admit any elector into the polling station: Provided that all electors present at
the polling station before it is closed shall be allowed to cast their votes. (2)
If any question arises whether an elector was
present at the polling station before it was closed it shall be decided by the
Presiding Officer and his decision shall be final. (1)
The Presiding Officer shall at the close of
the poll prepare an account of votes recording in Form XXXVI and enclose it in
a separate cover with the words "Account of Votes Recorded"
superscribed thereon. (2)
The Presiding Officer shall furnish to every
polling agent present at the close of the poll, a true copy of the entries made
in Form XXXVI after obtaining a receipt from the said polling agent therefor
and shall attest it as a true copy. (1)
As soon as practicable after the closing of
the poll, the Presiding Officer shall close the control unit to ensure that no
further votes can be recorded and shall detach the balloting unit from control
unit. (2)
The control unit and the balloting unit shall
thereafter be sealed, and secured separately in such manner as the State
Election Commission may direct and the seal used for securing them shall be so
affixed that it will not possible to open the units without breaking the seals. (3)
The polling agents present at the polling
station, who desires to affix their seals, shall also be permitted to do so. (1)
The Presiding Officer shall then make into
separate packets- (a)
the marked copy of the electoral roll; (b)
the register of voters in Form XXXIV; (c)
the cover containing the tendered ballot
papers and the list in Form XXXV; (d)
the list of challenged votes; and (e)
any other papers directed by the State
Election Commission to be kept in a sealed packet. (2)
Each packet shall be sealed with the seal of
the Presiding Officer and with the seal either of the candidate or of his
election agent or of his polling agent who may be present at the polling
station and may desire to affix his seal thereon. (1)
The Presiding Officer shall then deliver or
cause to be delivered to the Returning Officer at such place as the Returning
Officer may direct,- (a)
the voting machine; (b)
the account of votes recorded in Form XXXVI; (c)
the sealed packets referred to in Rule 81;
and (d)
all other papers used at the poll. (2)
The Returning Officer shall make adequate
arrangements for the safe transport of the voting machine, packets and other
papers for their safe custody until the commencement of the counting of votes. (1)
If the poll at any polling stations is
adjourned under sub-section (1) of Section 58 of the Act, the provisions of
Rules 79 to 82, shall, as far as practicable, apply as if the poll was closed
at the hour fixed in that behalf under Section 57 of the Act. (2)
When an adjourned poll is recommended under
sub-section (2) of Section 58 of the Act, the electors who have already voted
at the poll so adjourned shall not be allowed to vote again, (3)
The Returning Officer shall provide the
Presiding Officer of the polling station at which such adjourned poll is held,
with sealed packet containing the marked copy of the electoral roll, register
of voters in Form XXXIV and a new voting machine. (4)
The Presiding Officer shall open the sealed
packet in the presence of the polling agents present and use the marked copy of
the electoral roll for making the names of the electors who are allowed to vote
at the adjourned poll. (5)
the provisions of Rules 61 to 82 shall apply
in relation to the conduct of an adjourned poll before it was so adjourned. Where the Presiding Officer is of
opinion that booth capturing is taking place at polling station or at a place
fixed for the poll, he shall immediately close the control unit of voting
machine to ensure that no further votes can be recorded and shall detach the
balloting unit from the control unit. (1)
The Returning Officer may have the control
units of the voting machines used at more than one polling station taken up for
scrutiny and inspecting and votes recorded in such units counted
simultaneously. (2)
Before the votes recorded in any control unit
of a voting machine are counted under sub-rule (1), the candidate or his
election agent or his counting agent present at the counting table shall be
allowed to inspect the paper seal and such other vital seals as might have been
affixed on the unit and to satisfy themselves that the seals are intact. (3)
The Returning Officer shall satisfy himself
that none of the voting machines has in fact been tampered with. (4)
If the Returning Officer is satisfied that
any voting machine has in fact been tampered with he shall not count the votes
recorded in that machine and shall report the matter to the State Election
Commission. (1)
After the Returning Officer is satisfied that
a voting machine has in fact not been tampered with, he shall have the votes
recorded therein counted by pressing the appropriate button marked
"Result" provided in the control unit whereby the total votes polled
and votes polled by each candidate shall be displayed in respect of each such
candidate on the display panel provided for the purpose in the unit. (2)
As the votes polled by each candidate are
displayed on the control unit, the election officers shall have,- (a)
number of such votes recorded separately in
respect of each candidate in Part II of Form XXXVI; (b)
Part II of Form XXXVI completed in other respects
and signed by the counting supervisor and also by the candidates or their
election agents or their counting agents present; and (c)
corresponding entries made in a result sheet
in Form XXX, and the particulars so entered in the result sheet announced. (1)
After the result of voting recorded in
control unit has been ascertained candidate-wise, and entered in Form XXXVI,
and in the form prescribed for this purpose, the Returning Officer shall reseal
the unit with his seal and the seals of such of the candidates or their
election agents present who may desire to affix their seals thereon so however
that the result of voting recorded in the unit is not oblitered and the unit
retains the memory of such result. (2)
The control unit so sealed shall be kept in
specially prepared boxes on which the election officer shall record the
following particulars, namely:- (a)
the seal number and name of the ward; (b)
the particulars of the polling station where
the control unit has been used; (c)
serial number of the control unit; (d)
date of poll; and (e)
date of counting., (1)
All voting machines used at an election shall
be kept in the custody of the concerned Collector and District Election
Authority or the Officer authorized by him. (2)
The Collector and District Election Authority
or the Officer authorized by him shall keep in the safe custody,- (a)
the packets of marked copy of the electoral
roll; (b)
the packets containing register of voters in
Form XXXIV; (c)
the packets containing the number of votes
recorded in respect of each candidate in Form XXXVI; (d)
all other papers relating to election. (1)
While in the custody of the Collector and
District Election Authority or the Officer authroized by him- (a)
the packets of marked copy of electoral roll; (b)
the packets containing registers of voters in
Form XXXIV; 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
competent Court. (2)
The control unit sealed as per the provisions
of Rule 87 and kept in the custody of the Collector and District Election
Authority or the Officer authorised by him and shall be stored in Government
Treasury or sub-Treasury and shall not be opened and inspected by, or produced
before any person or authority except under the order of the competent Court. (1)
The Voting machines kept in the custody of
the Collector and District Election Authority or the Officer authorized by him
shall be retained intact for such period as the State Election Commission may
direct and shall not be used at any subsequent election without previous
approval of the State Election Commission. (2)
All other packets relating to elections where
there is no election petition, shall be destroyed as per the provisions of
these rules. Subject to the other provisions of
these rules, the State Election Commission may issue such directions as it may
consider necessary to facilitate the proper use and operation of the voting
machines and also as occasion requires to facilitate the holding of elections
under these rules. CHAPTER IV Election
Expenditure Returns (1)
The account of election expenses to be kept
by a candidate or his election agent shall contain such particulars and shall
be in such proforma as may be specified by the State Election Commission. (2)
The account of Election Expenses shall be
submitted to the District Election Authority through the Commissioner within
Forty-five days of the declaration of the result of the election. The date of
submitting the return in the Office of the Commissioner shall be deemed to be
the date of filing the return under Section 617-C of the Act. The Commissioner
shall forward all returns received by him to the District Election Authority
immediately on the expiry of forty-five days from the date of declaration of
the results of elections. (3)
The Commissioner shall also send a list of
contesting candidates who have failed to submit the accounts of election
expenditure within the time specified in sub-rule (2). He shall also forward
any accounts of election expenditure submitted after the due date with his
report. The District Election Authority shall,
within two days from the date on which the account of election expenses has
been received by him, cause a notice to be affixed to his notice board,
specifying,- (a)
the date on which the account has been lodged
before the Commissioner; (b)
the name of the candidate; and (c)
the time and place at which such account can
be inspected by any intending person. Any person shall on payment of a fee
of five rupees, be entitled to inspect any such account and on payment of a fee
equal to cost of making copes be entitled to obtain attested copies of such
account or of any part thereof. (1)
As soon as may be, after the expiration of
the time specified in Section 617-C of the Act for the lodging of the accounts
of election expenses at any election, the District Election Authority shall,
report to the State Election Commission,- (a)
the name of each contesting candidate; (b)
whether such candidate has lodged his account
of election expenses, and if so, the date on which such account has been
lodged; and (c)
whether in his opinion such account has been
lodged within the time and in the manner required by the Act and these rules. (2)
Where the District Election Authority is of
the opinion that the account of election expenses of any candidate has not been
lodged within the due date or lodged by not in the manner required by the Act
and these rules, he shall make a report to the State Election Commission and
with every such report, forward the account of election expenses of that
candidate and the vouchers lodged along with it, if any. (3)
Immediately after the submission of the
report referred to in sub-rule (1), the District Election Authority shall
publish a copy thereof affixed the same on his notice board. (4)
As soon as may be, after the receipt of the
report referred to in sub-rule (1), the State Election Commission shall,
consider the same and decide whether any contesting candidate has failed to
lodge the account of election expenses within the time and in the manner
required by the Act and these rules. (5)
Where the State Election Commission decides
that a contesting candidate has failed to lodge his account of election
expenses within the time and/or in the manner required by the Act and these
rules, it shall by notice in writing call upon, the candidate to show cause why
he should not be disqualified, and declared to have ceased to hold office in
case he is elected under Section 20-B of the Act for the failure. (6)
Any contesting candidate who has been called
upon to show cause under sub-rule (5) may, within twenty days of the receipt of
such notice, submit in respect of the matter a representation in writing to the
State Election Commission, and shall at the same time send to District Election
Authority a copy of his representation together with a complete account of his
election expenses if he had not already furnished such an account. (7)
The District Election Authority shall, within
five days of the receipt thereof, forward to the State Election Commission, the
copy of the representation and the account, if any, with such comments as he
wishes to make thereon. (8)
If, after considering the representation
submitted by the candidate and the comments made by the District Election
Authority, and after such inquiry as it thinks fit, the State Election
Commission is satisfied that the candidate has no good reason or justification
for the failure to lodge his account, it shall declare him by an order made
under Section 20-B of the Act to be ineligible for a period of three years,
from the date of the said order, to contest any election held for any Office
under the Act and if he is an elected candidate declare him to have ceased to
hold office with immediate effect and publish the order in the Official
Gazette. The total of the expenditure of which
account is to be kept under Section 617-B of the Act, and which is incurred or
authorised in connection with an election shall not exceed the amount specified
for in the order made by the State Election Commission in this behalf. CHAPTER V ELECTION
PETITIONS The trial of election petitions shall
be held at such place as the Government may appoint: Provided that a tribunal may, in its
discretion sit for any part of the trial at any other place in which the
election to which the petitions relates has taken place. If during the course of the trial the
person appointed under Section 75 of the Act, as an election tribunal, is for
any reason unable to perform his functions the Government shall appoint another
person as election tribunal in accordance with the provisions of Section 75 of
the Act, and the trial shall thereafter be contained as if he has been
appointed as the tribunal from the commencement of the trial; Provided that the tribunal so
appointed may if it thinks fit recall and re-examine any of the witness already
examined. (1)
The Tribunal may require the Government
Pleader incharge of Municipal Administration or some person acting under his
instruction to attend at the trial. (2)
The said Government Pleader or the person
acting under his instructions shall when so required, attend at the trial and
shall take such part therein as the Tribunal may direct. (1)
Subject to the provisions of the Act and
these rules every election petition shall be tried by the Tribunal as nearly as
may be in accordance with the procedure applicable under the Code of Civil
Procedure, 1908 (Act V of 1908) to the trial of suits: Provided that the tribunal shall have
the discretion to refuse for reasons to be recorded in writing to examine any
witness or witnesses if it is of the opinion that their evidence is not
material for the decision the petition or that the party tendering such witness
or witnesses in doing so on frivolous grounds or with a view to delay the
proceedings. (2)
The provisions of the Indian Evidence Act,
1872 (1 of 1872) shall subject to the provisions of these rules be deemed to
apply in all respects to the trial of an election petition. (3)
This Tribunal shall dismiss an election
petition which does not comply with the provisions of Sections 71, 72 or Rule
114. (4)
Any candidate not already a respondent shall
upon application made to the tribunal within fourteen days from the
commencement of the trial and subject to the provisions of Rule 106 be entitled
to be joined as respondent. Explanation:-- For the purpose of this
sub-rule and of Rule 99 the trial of petition shall be deemed to commence on
the date fixed for the respondents to appear, before the Tribunal and answer
the claim or claims made in the petition. (5)
The Tribunal may upon such terms as to costs
and otherwise as it may deem fit, allow the particulars of any corrupt of
illegal practice alleged in the petition to be amended or amplified in such
manner as may in its opinion be necessary for ensuring a fair and effective
trail of the petition, but shall not allow any amendment to the petition which
will have the effect of introducing particulars of a corrupt of illegal
practice not previously alleged in the petition. Any appearance, application or act
before Tribunal may be made or done by the party in person or by a pleader duly
appointed to act in his behalf: Provided that it shall be open to the
Tribunal to direct any party to appear in person. Notwithstanding anything in any
enactment to the contrary no document shall be inadmissible in evidence at the
trial of an election petition on the ground that it is not duly stamped or
registered. No witness or other person shall be
required to state for whom he has voted at an election. (1)
No witness shall be excused from answering
any question as to any matter relevant to a matter in issue in the trial of an
election petition upon the ground that the answer to such question may
criminate or may tend to criminate him, or that it may expose or may tend to
expose him to any penalty of forfeiture: Provided that,- (a)
witness who answers truly all questions which
he is required to answer shall be entitled to receive a certificate of
indemnity from the Tribunal; (b)
an answer given by a witness to a question
put by or before the Tribunal shall not, except in the case of any criminal
proceeding for perjury in respect of the evidence, be admissible in evidence
against him in any civil or criminal proceedings. (2)
When a certificate of indemnity has been
granted to any witness it may be pleaded by him in any Court and shall be a
full and complete defence to or upon any charge under Chapter IX-A of the
Indian Penal Code (Act 45 of 1860) or under Sections 17 and 599 to 612 (both
inclusive) of the Act arising out of the matter to which such certificate
relates but it shall not be deemed to relieve him from any disqualification in
connection with an election imposed by the Act or any other law. The reasonable expenses incurred by
any person in attending to give evidence may be allowed by the Tribunal to such
person, and shall, unless the Tribunal otherwise directs be deemed to be part
of the costs. (1)
When in an election petition a declaration
that any candidate other than the returned candidate has been duly elected is
claimed, the returned candidate or any other party may give evidence to prove
that the election of such candidate would have been void if he had been the
returned candidate and a petition had been presented calling in question his
election: Provided that the returned candidate
or such other party as aforesaid shall not be entitled to give such evidence
unless he has within fourteen days from the date of commencement of the trial,
given notice to the tribunal of his intention to do so and has also given the
security and the further security referred to in Rules 114 and 115
respectively. (2)
Every notice referred to in sub-rule (1)
shall be accompanied by the statement and particulars required by Section 73 of
the Act. (1)
An application for withdrawal of an election
petition may be made before the Tribunal and such election petition may be
withdrawn only by leave of the Tribunal. (2)
Where an application for withdrawal is made
under sub-rule (1) notices thereof fixing a date for the hearing of the
application shall be given to all other parties to the petition. (1)
If there are more petitions than one, no
application to withdraw an election petition shall be made except with the consent
of all the petitioners. (2)
No application withdrawal shall be granted if
in the opinion of the Tribunal such application has been indused by any bargain
or consideration which ought not to be allowed. (3)
If the application is granted, - (a)
the petitioner shall be ordered to pay the
costs of the respondent therefor incurred or such portion thereof as the
Tribunal may think fit; (b)
notice of withdrawal shall be published in
the Andhra Pradesh Gazette by the Tribunal; (c)
a person who might himself have been a petitioner,
may, within fourteen days of such publication, apply to be substituted as
petitioner in place of the party withdrawing and upon compliance with the
conditions of Rule 114 as to security shall be entitled to be so substituted
and to continue the proceedings upon such terms as the Tribunal may think fit. (1)
Where the petitioner fails or if there are
more petitioners than one, all the petitioners fail to appear at any stage
during the trial of the petition, the Tribunal may on the application of any
other person who might himself have been a petitioner and if satisfied that it
is necessary for ends of justice so to do, instead of dismissing the petition
for default order that person to be substituted for the original petitioner to
petitioners upon such terms as it thinks just. (2)
When a petition is dismissed for default, the
notice of dismissal, shall be published in the Andhra Pradesh Gazette by the
Tribunal. An election petition shall abate only
on the death of a sole petitioner or of the survivor or several petitioners. Where an election petition abates
under Rule 103 notice of the abatement shall be published in the Andhra Pradesh
Gazette by the Tribunal. After a notice of abatment of an
election petition is published under Rule 111 any person who might himself have
been a petitioner may within fourteen days of such publication, apply to be
submitted as petitioner and upon compliance with the condition of Rule 107 as
to security shall be entitled to be so substituted and to continue the
proceedings upon such terms as the Tribunal may think. If before the conclusion of the trial
of an election petition the sole respondent dies or gives notice that he does
not intend to oppose the petition or any of the respondent dies or give such
notice and there is not other respondent who is opposing the petition, the
Tribunal shall cause notice of such event to be published in the Andhra Pradesh
Gazette and there upon any person who might have been a petitioner may within
fourteen days of such publication apply to be substituted in place of such
respondent oppose the petitions and shall be entitled to continue the
proceedings upon such terms as the Tribunal may think fit. The petitioners shall enclose with the
petition a Government treasury receipt showing that a deposit of rupees one
thousand has been made by him either in a Government treasury or in the State
Bank of Hyderabad/State Bank of India in favour of the Commissioner concerned,
Municipal Corporation as security for the costs of the petition. During the course of the trial of an
election petition the Tribunal may at any time call upon the petitioner to give
such further security for costs as the Tribunal may direct and may if he fails
to do so dismiss the petition. No person shall be entitled to be
joined as a respondent under sub-rule (4) of Rule 100 unless he has given
security for costs as the tribunal may direct. (1)
Costs including pleader's fee shall be in the
discretion of the Tribunal. (2)
The Tribunal may allow interest on costs at
rate not exceeding three per cent per annum and such interest shall be added to
the costs. (1)
If, in any order as to costs, there is a
direction for payment of costs by any party to any person, such costs shall if
they have not been already paid, be paid in full, or so far as possible, out of
the security deposit and the further security deposit, if any, made by such
party on an application made in writing in that behalf within a period of six
months from the date of pronouncement of the order of the Tribunal unless an
appeal is preferred therefrom in which case from the date of pronouncement of
the order of the High Court to the Commissioner by the person in whose favour
the costs have been awarded. (2)
If there is any balance left on any of the
said security deposits after payment under sub-rule (1) of the costs referred
to in that sub-rule, such balance or where no costs have been awarded or no
application as aforesaid has been made within the said period of six months,
the whole of the said security deposits may on an application made in that
behalf to the Commissioner by the person by whom the deposits have been made or
if such person dies after making such deposits, by the legal representative of
such person be returned to the said person or to his legal representative as
the case may be. Any order as to costs may be produced
before the principal Civil Court of original jurisdiction, within the local
limits of whose jurisdiction any person directed by such order to pay any sum
of money has a place of residence or business and such Court shall execute the
order or cause the same to be executed in the same manner and by the same
procedure as if it were a decree for the payment of money made by itself in a
suit: Provided that where any such costs or
any portion thereof may be recovered by an application made under sub-rule (1)
of Rule 118, no application shall lie under this rule within a period of six
months from the date of pronouncement of the order of the Tribunal unless an
appeal is preferred therefrom in which case from the date of announcement of
the order of the High Court unless it is for recovery of the balance of any
costs which has been left unrealised after an application has been made under
the sub-rule owing to the insufficiency of the amount of the security deposits
referred to in that sub-rule.ANDHRA PRADESH
MUNICIPAL CORPORATIONS (CONDUCT OF ELECTION OF MEMBERS, ELECTION EXPENSES AND
ELECTION PETITIONS) RULES, 2005
PREAMBLE