Whereas the draft of the Goa
Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996, was published
as required by sub-section (1) of section 240 of the Goa Panchayat Raj Act,
1994 (Goa Act 14 of 1994), at pages 211 to 230 of the Official Gazette
(Extraordinary) Series I, No. 19 dated 8-8-1996, under Notification No.
1/DP/DREP/96 dated 26-7-1996 of the Department of Community Development and
Panchayats, inviting objections and suggestions from all persons likely to be
affected thereby before the expiry of fifteen days from the date of publication
of the said Notification in the Official Gazette; And Whereas the said Gazette
was made available to the public on 8th August, 1996; And Whereas vide subsequent
Notification No. 1/DP/DR-EP/96 dated 5-9-1996, the time limit for filing
objections/suggestions to the said draft rules was extended upto 9-9-1996; And Whereas
objections/suggestions received from the public on the said draft have been
considered by the Government. Now, Therefore, in exercise of
the powers conferred by section 15 and sub-section (2) of section 125 read with
sub-section (1) of section 240 of the Goa Panchayat Raj Act, 1994 (Goa Act 14
of 1994), the Government of Goa hereby makes the following rules, namely: (1) These rules may be called the Goa Panchayat and Zilla Panchayat
(Election Procedure) Rules, 1996. (2) They shall come into force at once. In these rules, unless the
context otherwise requires, (a) "Act" means the Goa Panchayat Raj Act, 1994 (Goa Act 14 of
1994); (b) "Constituency" means a Constituency of Zilla Panchayat; (c) "Commissioner" means the State Election Commissioner appointed
under section 237; (d) "Election" means an election to fill a seat or seats in a
Panchayat or Zilla Panchayat; (e) "Returning Officer" or "Assistant Returning Officer"
means an Officer duly appointed by the State Election Commissioner; (f) "Section" means a section of the Act; (g) "Voter" means a person entitled under section 14 of the Act to
vote at an election; (h) "Ward" means a ward of Village Panchayat; (i) Words and expression used but not defined in these rules, shall have the
meaning as respectively assigned to them in the Act. CHAPTER
II ELECTION (1)
For dividing a Panchayat
area into wards the population or the number of voters of each ward shall, as
far as may be practicable be equal and be in the same proportion as the number
of members fixed under section 7 of the Act bears to the total population or
the number of voters of the Panchayat. (2)
In dividing a Panchayat
area into wards under section 7, the Director shall ensure that the
geographical contiguity of all the areas in a ward is maintained. (3)
Each ward shall be
assigned a separate serial number. (4)
The Government shall
divide the area of Zilla Panchayat into territorial constituencies in
accordance with the provisions of section 119 of the Act. (5)
Each Constituency shall
be assigned a separate serial number. The wards/constituencies
formed under rule 3 be notified by affixing a statement thereof in Form No. 10
or Form No. 11, as the case may be, to the Notice Board of the Director's
Office, Office of Chief Executive Officer, Mamlatdar's Office, Office of the
Block Development Officer and the Panchayat Office or in any conspicuous place
at the Head Quarters of the Panchayats, where no Panchayat Office is
established. The Statement shall also be published in the Official Gazette. Preparation, Maintenance
and Custody of Voters List The electoral roll of
the Goa Legislative Assembly prepared under the provisions of the
Representation of the People Act, 1950 (Central Act 43 of 1951), and for the
time being in force on such date as the Commissioner may, by general or special
order notify in this behalf (being a date not earlier than one month from such
notification), for such Constituency of the Assembly or any part thereof as is
included in the area within the jurisdiction of the Panchayat, shall be divided
by the Director into different sections corresponding to the different wards of
Constituencies of a Panchayat or Zilla Panchayat by the Government as the case
may be. The ward-wise or constituency wise list so obtained shall collectively
form the electoral roll of the concerned Panchayat or Zilla Panchayat as the
case may be until the Commissioner notifies a different list under this rule. A printed copy of such
section of the roll as divided under rule 5, shall be signed by the Returning
Officer and sealed with the common seal of the Returning Officer and the copy
so authenticated shall be kept by him in his personal custody. The Returning Officer
shall at least five days before the date fixed for the nomination of the
candidates for every general election of the Panchayat/Zilla Panchayat give a
notice in Form No. 12 of the places where copies of the relevant list of voters
are kept open for public inspection. Such notice shall be affixed at the notice
of his office as well as the Village Panchayat Office, and if there be no
Panchayat Office, at any other conspicuous public-place in the Village. Qualification For
Reserved Seat Where any seat in a ward
of Panchayat or Constituency of Zilla Panchayat is reserved for Schedule Caste,
Scheduled Tribe or Backward Class or a woman only such member of Scheduled
Caste or Scheduled Tribe or Backward Class or a woman, shall be qualified to be
chosen to fill such seat. Election of Panchayat
and Zilla Panchayat (1)
The Returning Officer
shall appoint a Presiding Officer for each place fixed for recording of votes
(hereinafter referred to as Polling station). He may also appoint one or more
Polling Officers to assist the Returning Officer and Presiding Officer in
election work. Such Officers may be appointed either by name or designation.
The First Polling Officer shall perform the duties of the Presiding Officer in
the absence of the Presiding Officer. (2)
If any Polling Officer
is absent from the Polling station, the Presiding Officer may appoint any
person to act in place of such absentee and inform the Returning Officer
accordingly. (3)
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 as a Presiding or Polling Officer. (4)
The Presiding and the
Polling Officer shall perform such duties and exercise such powers as are
imposed and conferred on them by these rules or as may be entrusted to them by
the Returning Officer. (5)
The Assistant Returning
Officer shall, subject to the control of the Returning Officer, be competent to
perform all or any of the functions of the Returning Officer: Provided that no
Assistant Returning Officer shall perform any of the functions of the Returning
Officer which relates to the scrutiny of the nomination papers [1][...]
unless the Returning Officer is prevented from performing the said functions by
circumstances beyond his control. (1)
The Government, in
consultation with the Commissioner, or, shall, after it is decided to hold an
election in the Village Panchayats or Zilla Panchayats concerned, by
notification in the Form I or Form I-A as the case may be, appoint the date(s)
for holding election thereof. (2)
The Commissioner shall
take such necessary steps for fixing the dates and hours for following stages
of an election namely: (i)
The nomination of
candidates; (ii)
The scrutiny of
nomination; (iii)
The withdrawal of
nomination; (iv)
The counting of votes; Provided that: (i)
between the date fixed for
the nomination of candidate and the date fixed for the recording of votes,
there is at least an interval of 15 days; and (ii)
(ii) the date(s) for the
scrutiny of nominations shall be the date(s) immediately following the date(s)
fixed for the nomination of candidates. (3)
On the issue of
notification under sub-rule (1), the Commissioner shall give public written
notice in Form No. 2 or 2-A as the case may be, of the intended election not
less than [2][seven]
days before the last date fixed for the nomination of candidates inviting
nominations of candidates for such election and specifying the place where
nomination papers are to be delivered. Copies of notice shall be published by
affixing at the Village Panchayat Office, Office of the Mamlatdar, Office of
the Block Development Officer, Office of Chief Executive Officer and if
necessary, at any other place in the Panchayat area appointed by the
Commissioner. (4)
The date(s) and hours
appointed under sub-rules (1), (2) and (3) shall not be changed except with the
previous sanction of the Commissioner: Provided that if the
Government is of the opinion that it is necessary in the public interest to
change the date(s) so fixed and if there is no sufficient time for obtaining
the previous sanction of the Commissioner to such change, the Government may,
for reasons to be recorded in writing, change such a date(s). In every such
case, the Government shall forthwith forward a copy of its order and the
reasons so recorded to the Commissioner. (5)
The Government shall
also publish in the said notice in Form No. 1, the date(s) and hours of poll
may be notified by it under section 15 of the Act. A candidate at an
election may appoint an election agent in Form No. 17 and 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 election agent after affixing thereon
his seal and signature in token of his approval for the appointment. (1)
On the date appointed
for the nomination of candidates and during the hours appointed by the
Commissioner under rule 10 in this behalf, each candidate shall make an
application in writing in Form No. 3 signed by him and present either in person
or through a seconder authorised in writing in this behalf by such candidate to
the Returning Officer signifying his willingness to serve as a member of the
Panchayat or Zilla Panchayat, as the case may be. (2)
On receiving a
nomination paper under sub-rule (1), the Returning Officer shall write on the
nomination paper its serial number, and shall sigh thereon a certificate
stating the date on which and exact time at which the application was delivered
to him. (3)
Any nomination paper not
delivered as provided in sub-rule (1) shall be rejected. (4)
Not more than two
nomination papers shall be presented by any candidate or accepted by the
Returning Officer for election in the same ward or Constituency, as the case
may be. (5)
When an election is held
at or about the same time for two or more wards in a village, one and the same
person may stand for election in all or any number of such wards or
Constituencies, as the case may be. Upon delivery of a
nomination paper under rule 12, the Returning Officer shall inform the person
delivering the same of the day, hour and place appointed for the scrutiny
thereof and shall endorse thereon: (i)
the serial number of the
ward/constituency from which the candidate proposes to seek election; (ii)
the serial number of the
nomination paper for such ward/constituency; (iii)
the name of the person
delivering the nomination; (iv)
the date which and the
hour at which nomination paper was delivered to him. (1)
On or before the date
appointed for the nomination of candidates, each candidate shall deposit or
cause to be deposited with the Returning Officer a sum of Rs. 100/- (Rupees one
hundred only) in cash with the first paper for each ward of the Village Panchayat
and in the case of Zilla Panchayat, each candidate shall deposit or cause to be
deposited a sum of Rs. 500/- (Rupees five hundred only), in cash with the first
nomination paper for each Constituency: Provided that in a ward
of Village Panchayat or a Constituency of Zilla Panchayat in which a seat is
reserved for women or for Scheduled Caste/Scheduled Tribe or for backward
classes, the sum to be deposited by or on behalf of such a candidate in case of
Village Panchayat shall be Rs. 50/- (Rupees fifty only) and in the case of
Zilla Panchayat, the sum to be deposited shall be Rs. 300/- (Rupees three
hundred only): Provided further that no
candidate shall be deemed to be duly nominated unless the deposit referred to
in this sub-rule has been made. (2)
Where a candidate by
whom or on whose behalf such deposit has been made, withdraws, his candidature
in the manner and within the time specified in rule 18 or where the nomination
paper of such candidate is rejected, the deposit shall be returned to the
candidate or any other person who made the deposit, as the case may be, and, if
any candidate dies before the commencement of the poll, such deposit shall be
returned (a) if made by him, to his legal representative or (b) if not made by
the candidate, to the person by whom it was made. (3)
If a candidate by whom
or on whose behalf such deposit has been made is not elected and the number of
votes polled by him does not exceed one-eighth of the total number of votes
polled divided by the number of members to be elected, the deposit shall be
forfeited to the Government. (4)
For the purpose of
sub-rule (3), the total number of votes polled shall be deemed to be the total
number of counted voting papers, other than spoilt voting papers. (5)
A deposit made under
sub-rule (1), if it is not returned under sub-rule (2), or is forfeited under
sub-rule (3), shall be returned to the candidate or any other person who made
the deposit, as the case may be, as soon after the publication of the result of
the election under rule 56 as may be practicable. (1)
At the time and place
appointed for the scrutiny of nomination, intending candidates or in their
absence any other person duly authorised in writing by each such intending
candidate, shall alone be entitled to be present. The Returning Officer shall
allow such persons reasonable facilities for examining the nomination papers of
intending candidates. (2)
The Returning Officer
shall scrutinise the nomination papers and decide all objections which may be
made before him to any nomination and may, either on such objection or on his
own motion, after such summary enquiry, if any, as he may consider necessary,
reject a nomination paper on any of the following grounds, namely: (i)
that the candidate is
disqualified or is not qualified under the Act or these rules for election; or (ii)
that the candidate has
failed to comply with any of the provisions required by these rules or the Act; (iii)
that the nomination of
candidate has been seconded by any voter of the ward in case of Panchayat or
Constituency in case of Zilla Panchayat in which the candidate has filed his
nomination paper; (iv)
that he or the seconder
is not identical with the person whose number or name on the voters list as
stated in the nomination paper to be the number or name of the candidate or
seconder; or (v)
that the signature of
the candidate or a seconder is not genuine or has been obtained by fraud,
coercion or undue influence. (3)
The Returning Officer
shall not reject any nomination paper on the ground of any defect which is not
of substantial character. (4)
For the purpose of
sub-rule (2), the production of a certified copy of an entry made in the list
of voters shall be conclusive evidence of the right of any voter named in that
entry to stand for election unless it is proved that the candidate is
disqualified. (1)
The scrutiny shall be
completed on the day(s) appointed by the Commissioner in this behalf. (2)
The Returning Officer
shall, on the same day, endorse on each nomination paper his decision accepting
or rejecting the same, and, if the nomination paper is rejected, shall record a
brief statement of his reason for such rejection. (1)
Immediately after the scrutiny
is completed under rule 16, the Returning Officer shall, for each ward cause to
be prepared a list in Form No. 4 showing the names of the candidates whose
nomination papers have been accepted. [3][(2)
The name should be arranged alphabetically in Roman script commencing with the
proper name followed by father's/mother's/husband's name and surname. The name
shall also be written in Devnagri script. The list so prepared shall be
displayed on the notice board in the Office of the Returning Officer and the
Office of the Panchayat".] (1)
Any candidate may
withdraw his candidature by a notice in writing in Form No. 13 subscribed by
him and delivered to the Returning Officer between the hours of ten o'clock in
the forenoon and two o'clock in the afternoon on the day immediately following
the day of completion of the scrutiny, such notice may be delivered either by
the candidate in person or by a person authorised in writing by him in this
behalf. Any notice of withdrawal which is given after the expiry of the period
specified in this rule, shall not have any effect. (2)
No person who has given
a notice of withdrawal of his candidature under sub-rule (1) shall be allowed
to cancel the notice. (3)
The Returning Officer,
on receiving notice of withdrawal under sub-rule (1), shall as soon as may be
thereafter, cause a notice of withdrawal in Form No. 14 to be fixed at the
Office of the Returning Officer. (1)
In any ward or
Constituency in which no seat is reserved for Scheduled Caste/Scheduled Tribe
or for women or for Backward Class. (i)
where there is only one
candidate duly nominated and qualified to be chosen to fill the seat in a ward
or Constituency the Returning Officer shall declare the candidate so nominated
to be duly elected without any votes being taken. Such declaration shall be in
Form No. 24; (ii)
where there is no
candidate duly nominated in respect of the seat in a ward or Constituency it
shall be deemed to be that the election has not resulted in the return of the
required number of qualified person(s) willing to take Office within the
meaning of section 7; (iii)
if the number of
candidates duly nominated exceeds the number of seat(s) to be filled in a ward
or Constituency, votes shall be taken for filling the vacancies in the manner
provided by these rules. (2)
In any ward or
Constituency in which a seat is reserved for Scheduled Caste/Scheduled Tribe or
women, the Returning Officer shall ascertain the number of candidates qualified
to fill such reserved seat and thereafter proceed as follows: (i)
where there is one
candidate qualified to be chosen to fill the reserved seat, the candidate
qualified shall be declared by the Returning Officer to be elected to fill the
reserved seat. Such declaration shall be in Form No. 25; (ii)
where there is no
candidate qualified to be chosen to fill any of the reserved seat, it shall be
deemed that the election has not resulted in the return of the required number
of qualified persons willing to take office within the meaning of section 7. (1)
In the case of every
contested election, the Returning Officer shall assign to each candidate one
symbol in the following order after arranging their names as required under
rule 21. (1) Aeroplane (2) Almirah (3) Baby Doll (4) Ball (5) Camera (6) Car
(7) Desk (8) Door (9) Envelope (10) Fire Engine (11) Flute (12) Frying Pan (13)
Gas Cylinder (14) Gas Stove (15) Hanger (16) Hat (17) Ink Pot and Pen (18) Jeep
(19) Kite (20) Lock and Key (21) Pressure Cooker (22) Railway Engine (23) Road
Roller (24) Sewing Machine (25) Stool (26) Table Lamp (27) Television (28)
Violin (29) Walking Stick (30) Whistle.][4] (2)
If the list of symbols
in sub-rule (1) is exhausted, the Returning Officer may at his discretion,
allot to the candidate or candidates concerned any symbol other than those
specified in the list but no symbol reserved for a political party by the
Election Commission of India, shall be allotted. (1)
The Returning Officer
shall supply to each candidate or his election agent: (a)
A copy of the list of
contesting candidates, and (b)
Specimen of the picture
of the symbol allotted. (2)
Immediately after the
expiry of the time fixed under sub-rule (1) of rule 18, the Returning Officer
shall for each Panchayat or Constituency and also for each ward cause to be
prepared, a list of contesting candidates in Form No. 5 arranging the names in
the alphabetical order in Roman and Devnagri script as appearing in Form No. 4
alongwith the symbol assigned to them in the manner specified under rule 20 and
display the list on the notice board in the Office of the Panchayat, Office of
Chief Executive Officer and in the Office of the Returning Officer. (3)
On the day of poll, a
copy of list of contesting candidates shall be pasted outside the polling
stations for the guidance of voters before the polling commences. The voting paper shall
be in Form No. 6 appended to these rules and printed in Roman and Devnagri
script. It shall contain the names of all contesting candidates in alphabetical
order as arranged in Form No. 5 together with the distinguishing symbol
assigned to each candidate by the Returning Officer under rule 20. (1)
If a poll is to be held,
the Returning Officer, with the prior approval of the Commissioner, shall
locate a polling station or stations in Office of the Panchayat and or other
public buildings such as a school and Government Offices within the concerned
Panchayat limits or the Zilla Panchayat as the case may be. (2)
A list specifying the
place(s) of polling station(s) as also the serial numbers of voters attached to
it shall be prepared Panchayatwise or Constituency wise as the case may be, and
displayed by the Returning Officer on the notice board in the Office of the
Mamlatdar, Block Development Officer and the Office of the Panchayat or the
Office of Chief Executive Officer at least 7 days before the day of poll. (3)
Two copies of such list
shall be supplied free of cost to each of the contesting candidates. If a candidate whose
nomination has been found valid on scrutiny under rules 15 and 16 and who has
not withdrawn his candidature under rule 18, dies and a report of his death is
received before the publication of the list of contesting candidate under rule
21, or if a contesting candidate dies and a report of his death is received
before the commencement of the poll, the Returning Officer shall, upon being
satisfied of the fact of the death of the candidate countermand the poll and
report the fact to the Commissioner and all proceedings with reference to the
Election shall be commenced anew in all respect as if for a new election: Provided that no further
nomination shall be necessary in the case of a person who was a contesting
candidate at the time of the countermanding of the poll: Provided further that no
person who has given a notice of withdrawal of his candidature under sub-rule
(1) of rule 18 before the countermanding of the poll shall be ineligible for
being nominated as a candidate for the election after such countermanding. (1)
Each polling station
shall be provided with Ballot papers serially numbered equal to the number of
voters assigned to the polling station rounded upto next ten, copies of voters
list, ballot boxes sufficient for the purpose of enabling electors to cast
their votes and such other materials for the purposes of the polling as may be
necessary. (2)
In supplying the
material mentioned in sub-rule (1) regard shall be had to the number of
electors entitled to vote at the polling station and the number of polling
station and the number of polling booths established therein. (1)
Every ballot box at the
polling station shall bear the name of the Panchayat or Zilla Panchayat and the
numbers of the ward(s) or constituency(s) of the Panchayat or Zilla Panchayat. (2)
Every ballot box shall
be so constructed that Ballot papers may be introduced therein but cannot be
withdrawn therefrom without the box being unlocked and without breaking the
seal. (1)
A contesting candidate
or his election agent may appoint one polling agent and two relief agents to
act as such on his behalf in each polling station. (2)
Every such appointment
shall be made in Form No. 15 and shall be made over to the polling agent for
production at the polling station. The poll shall commence
at the hour appointed for such commencement. Immediately, before the
commencement of the poll, the Presiding Officer shall show the ballot box to
the candidates or their agents as may be present at the polling station, thereafter
lock the same, place a seal thereupon in such a manner as to prevent it being
opened or unlocked without breaking the seal and place it within his view. (1)
On the day of elections
every Presiding Officer, shall admit to the anteroom of the polling booth at
which he presides: (a)
The candidates and such
polling agents as may be selected by the candidates to assist in the
identification of voters; and (b)
Persons authorised by
the Commissioner; (c)
Polling Officers and other
public servants on duty: Provided that there
shall be present at any time in lieu of candidates not more than one polling
agent of each candidates in every polling station. (2)
Besides the candidates
and their polling agents, only voters and such persons, if any, may be
admissible under special directions given by the Presiding Officer in this
behalf, shall be admitted in the polling booth: Provided further that
each candidate shall be allowed to appoint in Form No. 15 one polling agent and
two relief agents at each polling station. (1)
The candidates and their
agents shall not speak to or address any voter in any part of the polling
station, but may address to the Presiding Officer objection to a voter on any
one of the following three grounds, namely: (i)
That the voters name
does not appear in the list as entitled to vote in the ward or constituency in
respect of which the election is being held; (ii)
That his claim to be a
certain voter, whose name is entered in the voters list is false; (iii)
That he has already
voted at the election. (2) Any person contravening the provisions of sub-rule
(1) may be expelled from the polling station by the Presiding Officer, and a
person so expelled shall not be re-admitted during the elections. Every voter desirous of
recording his vote shall attend for the purpose, at the polling station for the
ward or constituency for which he is entered in the voter's list on such date
and between such hours as have appointed by the Government and Commissioner in
this behalf under rule 10. (1)
At every polling station
vote shall be casted by Ballot and in person and the Presiding Officer shall
not allow any votes to be cast by proxy. (2)
No elector shall be
admitted to cast his vote elsewhere than in the polling station and the polling
booth attached thereto. (3)
Every voter shall be
entitled to give only one vote. (1)
Each polling station
shall contain a separate compartment in which electors shall cast their votes
screened from observations. (2)
While an elector is in
such compartment, no other person shall, subject to the provisions contained in
rule 29 enter it but the Presiding Officer may occasionally enter it alongwith
the candidates if they so desire. Immediately before the
Ballot paper is delivered to an elector, the Presiding Officer shall satisfy
himself as to the identity of the elector with reference to the entry relating
to that elector in the voters list. He shall also hear and decide then and
there any objections raised in this behalf. He may refuse to issue a Ballot paper
or papers to any person who declines to answer any reasonable question put to
him for the purpose of ascertaining such identity or whose identity is not
established to his satisfaction. But issue of Ballot papers shall not be
refused merely on the ground of any typographical error or omission in the
relevant entries of the voters list if the identity of the elector is otherwise
established. (1)
With a view to
preventing personation of voters, every voter about whose identity the
Presiding Officer, is satisfied, shall allow his left forefinger to be
inspected by the Presiding Officer or the polling officer and an indelible ink
mark to be put on it. (2)
If any voter refuses 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, he shall not be supplied with any Ballot paper
or allowed to vote. (3)
Any reference in this
rule to the left forefinger of a voter shall, in the case where the voter has
his left forefinger missing, be construed as a reference to any other finger of
his left hand and shall, in the case where all the fingers of his left hand are
missing, be construed as a reference to the forefinger or any other finger of
his right hand, and shall in the case where all his fingers of both the hands
are missing, be construed as reference to such extremity of his left or right
arm as he possesses."][5] (1)
Every Ballot paper
before it is issued to an elector and the counterfoil attached thereto shall be
stamped on the back with such distinguishing mark as the Commissioner may
direct, and every Ballot paper, before it is issued, shall be signed in full on
its back by the Presiding Officer and shall be marked with the distinguishing
mark on its back at the top of the left hand corner. (2)
Before the issue of
Ballot paper to an intending voter, (a)
his name and serial
number in the voters list shall be called out so that all present can hear
them; (b)
record on its
counterfoil the electoral roll, number of the elector as entered in the marked
copy of the electoral roll; (c)
obtain the signature or
thumb impression of that elector on the said counterfoil; (d)
mark the name of the
elector in the marked copy of the electoral roll to indicate that a Ballot
paper has been issued to him, therein the serial number of the Ballot paper
issued to that elector. (3)
Where objections are
raised by candidates and/or their agents, the Presiding Officer shall dispose
of such objections as provided in rule 40 and when satisfied that the intending
voter is entitled to vote and has not yet voted, shall direct the Polling
Officer to issue him a Ballot paper as provided in this rule. (4)
Save as provided in
sub-rule (2) no person in the Polling Station shall note down the serial number
of the Ballot paper issued to particular elector. An elector shall, on
receiving the Ballot paper issued to him under rule 35, forthwith proceed to
the polling compartment, there, mark his Ballot paper by affixing a seal
containing an arrow mark opposite the name and symbol (or on the name or
symbol) of the candidate in whose favour he desires to cast his vote, fold up
the Ballot paper and put the Ballot papers so folded up into the ballot box
which shall be placed within the view of the Presiding Officer and without
undue delay, leave the polling station. If an elector owing to
blindness or other physical infirmity is unable to record his vote in the
manner laid down in rule 36, the Presiding Officer shall do so according to the
direction of the elector and fold it so as to conceal the vote and insert it
into the ballot box and make a brief note against the entry relating to such
elector in the copy of voters list referred to in rule 35, the reason for such
action. An elector who has
inadvertently dealt with his Ballot paper in such a manner that it cannot
conveniently be used as such, may, on delivering it to the Presiding Officer
and satisfying him of the inadvertence, obtain another Ballot paper in place of
the spoilt Ballot paper and such spoilt Ballot paper shall be marked by the
Presiding Officer as cancelled and kept in a separate cover. If any elector, after
obtaining a Ballot paper for the purpose of casting his vote, decides not to
use the same or to cast his vote, he shall return the Ballot paper so issued to
him, to the Presiding Officer and the Ballot paper so returned shall then be
marked by the Presiding Officer as "cancelled" on account of such
return and kept in a separate cover. (1)
Where any candidate,
election agent or polling agent challenges a voter's identity and undertakes to
prove that any person claiming to be a particular voter has committed the
offence of personation, the Presiding Officer shall hold summary enquiry and
require such person to enter in the list of challenged voters in Form No. 7 his
name and address or, if he is unable to write, to affix his thumb impression
thereto, and may further require such person to produce evidence of
identification: Provided that no action
shall be taken by the Presiding Officer under this sub-rule unless a sum of
rupees ten has been deposited in cash with the Presiding Officer by the
candidate or such agent for each challenge he makes. (2)
Where the person so
challenged refuses to comply with such requisition, he shall not be permitted
to vote. But if such person does so comply and on being questioned gives
unqualified answer in the affirmative to a question put to him whether he is
the person named in the list and in the negative to a question whether he has
voted at the said election in the ward or in any ward, he shall be allowed to
vote after he has been warned of the penalty for personation. (3)
Where the Presiding
Officer, after such enquiry on the spot as he thinks necessary, is of the
opinion that the challenge made by the candidate or his agent under sub-rule
(1) is frivolous and has not been made in good faith, shall direct the deposit
made under sub-rule (1) to be forfeited to the Government and his order in this
respect shall be final. (4)
Where the deposit made
under sub-rule (1) is not forfeited under sub-rule (3), it shall be returned to
the person by whom it was made after the close of the poll on the day on which
it is made. (5)
The Presiding Officer
shall in every case, whether or not the person challenged is allowed to vote,
make a note of the circumstances in the list of challenged votes. (1)
If a person representing
himself to be particular elector applies for a Ballot paper after another
person has already voted as such elector, he shall, on satisfactorily answering
such question relating to his identity as the Presiding Officer may ask, be
entitled subject to the following provisions of this rule, to make a Ballot
paper (hereinafter in these rules referred to as a "tendered Ballot
Paper"), in the same manner as any other elector. (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 No. 8. (3)
A tendered Ballot paper
shall be the same as the other Ballot paper used at the polling booth except
that it shall be: (a)
serially the last in the
bundle of Ballot papers issued for use at the polling station; (b)
endorsed on the back
with the words "tendered Ballot Paper" by the Presiding Officer in
his own hand and signed by him. (4)
The elector, 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)
The Presiding Officer
shall close a polling station at the hour fixed in that behalf under section 15
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)
If any person
misconducts himself at a polling station, or fails to obey the lawful orders of
the Presiding Officer, the Presiding Officer shall immediately remove or order
any police officer present there, to remove from the polling station the person
so misconducting himself, and such person shall not be allowed again to enter
the polling station without the permission of the Presiding Officer. (2)
No removal from a
polling station shall be ordered under sub-rule (1) so as to prevent an
elector, entitled to cast his vote thereat, of having an opportunity of casting
the vote. (1)
It shall be the duty of
the Presiding Officers and their assistants to see, (i) that votes are recorded
with absolute secrecy (ii) that only such persons as may be admitted to the
polling booth under these rules are admitted thereto; and (iii) that persons
who have recorded their votes, or against whom objections have been heard and
upheld, leave immediately. It shall also be their duty to see that these rules
and any special directions given by the Returning Officer thereunder are
strictly observed in all respects. (2)
The Presiding Officer
shall keep the ballot box under his own observation for the purpose of
preventing malpractices and securing the observance of the rules. The Election shall be
conducted under the general supervision of the Commissioner. (1)
A Presiding Officer or
Polling Officer or a public servant who is on election duty at a polling
station at which he/she is not entitled to vote at the election in connection
with which he/she is employed shall send an application in Form No. 18 to the
Returning Officer so as to reach him at least 4 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 a voter on election duty, he shall
issue a "Postal Ballot" paper to him. (2)
A postal Ballot paper
shall be the same as that of the ordinary Ballot paper in Form No. 6. (3)
(i) A postal Ballot
paper shall be sent by post under certificate of posting to the voter together
with (a)
a declaration in Form
No. 19; (b)
a cover in Form No. 20; (c)
a large cover addressed
to the Returning Officer in Form No. 21; (d)
instructions for the
guidance of the elector in Form No. 22: Provided that the Returning
Officer may, in any case of a voter on election-duty, deliver the Ballot paper
and forms or cause them to be delivered to such voter personally. (ii)
The Returning Officer shall at the same time record the serial number of each
Ballot paper against the entry relating to that voter in the marked copy of the
voters list. (iii)
The Returning Officer shall ensure that the voter is not allowed to vote at any
Polling Station. (4)
Every Officer under
whose care or through whom a postal Ballot paper is sent shall ensure its
delivery to the addressees without delay. (5)
After the Ballot papers
have been issued to all voters entitled to vote by post, the Returning Officer,
shall, at an election to the Village Panchayat or Zilla Panchayat or the case
may be, seal up in a packet that part of the marked copy of the voters list and
record on the packet a brief description of its contents and the date on which
it was sealed and send to the Presiding Officers for recording the serial
numbers of the Ballot papers issued to voters at the polling station. (6)
Any voter who has
received a postal Ballot paper and desires to vote shall record his vote on the
Ballot paper in accordance with the direction contained in Form No. 22 and then
enclosed it in cover in Form No. 20. (7)
The voter shall sign the
declaration in Form No. 19 in the presence of, and have signature attested by a
Magistrate of such other Gazetted Officer or the Presiding Officer of the
Polling Station at which he is on election duty as may be appropriate, to whom
he is personally known and to whose satisfaction he has been identified. (8)
(i) When a postal Ballot
paper and any other papers sent under sub-rule (3), are for any reasons
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. (ii)
If any voter has inadvertently dealt with the Ballot paper or any of the other
papers sent to him under sub-rule (3) in such manner that cannot conveniently
be used, a second set of paper shall be issued to him after he has returned the
spoilt papers and satisfied the Returning Officer of the inadvertence. (iii)
The Returning Officer shall cancel the spoilt papers so returned and keep them
in a separate packet after noting thereon the particulars of the Panchayat or
Zilla Panchayat Election and the serial numbers of the cancelled Ballot papers. (9)
(i) After the voter has
recorded his vote and made his declaration under sub-rule (7), shall return the
Ballot paper and declaration to the Returning Officer in accordance with the
instructions communicated to him in Form No. 22 so as to reach the Returning
Officer before the close of the poll of the Panchayat or Zilla Panchayat. (ii)
If any cover containing the postal Ballot paper is received by the Returning
Officer after the expiry of the time fixed under sub-rule (9) (i), he shall
note thereon the date and time of its receipt and shall keep all such covers
together in a separate packet. (iii)
The Returning Officer shall keep in safe custody untill the commencement of the
counting of votes all covers containing postal Ballot papers received by him. (1)
As soon as practicable
after the closing of the poll, the Presiding Officers shall close the slit of
the ballot box and where the box does not contain any mechanical device for
closing the slit, he shall seal up the slit and also allow any polling agent or
candidate present to affix his seal. (2)
The ballot box shall
thereafter be sealed and secured. (3)
The Presiding Officer
shall then make up into separate packets: (1)
Unused voting papers; (2)
Tendered voting papers; (3)
Spoiled or returned
cancelled voting papers; (4)
Marked copy of the
voter's list; (5)
Tendered voter's list; (6)
List of challenged
votes; (7)
Unused paper seals. He
shall seal with his own seal and the seal of any candidate or his agent who may
desire to affix his seal, all the packets prepared under this rule. (4)
The ballot box and the
packets shall be forwarded by the Presiding Officer to the Returning Officer or
any other person appointed by the Returning Officer to take charge of them till
the votes are counted. He shall also forward with them a Ballot paper account
prepared in Form No. 9 appended to these rules and enclose it in a separate
sealed cover with the words "Ballot Paper Account" subscribed
thereon. (5)
He shall also forward a
statement showing the number of paper seals entrusted to him and accounting them
under the following heads: (i)
paper seals entrusted; (ii)
paper seals used; (iii)
paper seals spoiled or
damaged; (iv)
paper seals unused. (1)
Where, at an election,
the proceedings at any polling station for the poll are interrupted or
obstructed by any riot or open violence, or where, at any election, it is not
possible to take the poll at any polling station on account of any natural
calamity, or any other sufficient cause, the Returning Officer or the Presiding
Officer for such polling station shall announce an adjournment of the poll to a
date to be appointed later on and where the poll is so adjourned by the
Presiding Officer, he shall forthwith inform the Returning Officer concerned. (2)
Whenever a poll is
adjourned under sub-rule (1), the Returning Officer shall immediately report
the circumstances to the Commissioner or who shall as soon as may be
practicable, publish under rule 10, the day to be notified by the Government
under section 15 of the Act on which poll shall recommence and the hours during
which, the poll shall be taken. The Returning Officer shall not count the votes
at such election until such adjourned poll shall have been completed. (3)
The provisions of these
rules mutatis mutandis apply to the adjourned poll taken under this rule as
they apply to the original poll. The Commissioner shall
at least 5 days before the date fixed for the poll, notify in the Official
Gazette, the place or places where the counting of votes will be done and the
date and time at which the counting will commence and copies of notice shall be
published by affixing at the Village Panchayat Office, Office of the Chief
Executive Officer, Office of the Mamlatdar and if necessary, at any other place
in the Panchayat area/Zilla Panchayat and as the case may be appointed by the
Director: Provided that if for any
reason the Commissioner find it necessary so to do, he may alter the date, time
and place or places so fixed, or any of them after notifying the same in the
Official Gazette and copies of notices shall be affixed at the Village
Panchayat Office, Office of the Chief Executive Officer or Office of the
Mamlatdar and wide publicity may be given in local dailies. [6][(1)
The candidate may appoint such number of counting agents as may be determined
by the Returning Officer from time to time.] (2) Every such appointment shall be made in Form
No. 16. (3) No counting agent shall be admitted into the
place fixed for counting unless he has delivered to the Returning Officer not
later than one hour before the time fixed for counting under rule 49, his
appointment in Form No. 16 made under sub-rule (2). (1)
The Returning Officer
shall exclude from the place fixed for counting of votes all persons except, (a)
such persons to be known
as counting supervisors and counting assistants as he may appoint to assist him
in the counting; (b)
persons authorised by
the Commissioner; (c)
public servants on duty
in connection with the election; (d)
candidates and their
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 authorised in this behalf by the Returning Officer. The Returning Officer
shall, before he commences the counting, read out the provisions of section 128
of the Representation of the People Act, 1951, to such persons as may be
present. (1)
The Returning Officer
shall first deal with the postal Ballot paper in the manner hereinafter
provided. (2)
No cover in Form No. 21
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. (3)
The other covers shall
be opened one after another and as each cover is opened, the Returning Officer
shall first scrutinise the declaration in Form No. 19 contained therein. (4)
If the said declaration
is not found or has not been duly signed and 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 No. 20, that
cover shall not be opened, and after making an appropriate endorsement thereon,
the Returning Officer shall reject the Ballot paper therein contained. (5)
Each cover so endorsed
and the declaration received with it, shall be replaced in the cover in Form
No. 21 and all such covers in Form No. 21 shall be kept in a separate packet
which shall be sealed and on which shall be recorded the name of the Panchayat
or Zilla Panchayat, as the case may be, the number or the name of the ward or
constituency and the date of counting. (6)
The Returning Officer
shall then place all the declarations in Form No. 19 which he has found to be
in order in a separate packet which shall be sealed before any cover in Form
No. 20 is opened on which shall be recorded the particulars referred to in
sub-rule (5). (7)
The covers in Form No.
20 not already dealt with under the foregoing provisions of this rule shall
then be opened one after another and the Returning Officer shall scrutinise
each Ballot paper and decide the validity of the vote recorded thereon. (8)
Postal Ballot paper
shall be rejected:- (a)
if it bears any mark
(other than the mark to record the vote) or writing by which the elector be
identified; or (b)
if no vote is recorded
thereon; or (c)
if votes are given on it
in favour of more candidates then one; or (d)
if it is spurious Ballot
paper; or (e)
if it is so damaged or
mutilated that its identity as a genuine Ballot paper cannot be established; or (f)
if it is not returned in
the cover sent alongwith it to the elector by the Returning Officer. (9)
A vote recorded on a
postal Ballot Paper shall be rejected 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. (10)
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 once, if the intention that the vote
shall be for a particular candidate clearly appears from the way the paper is
marked. (11)
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 No. 23 and
announce the same. (12)
Thereafter, all the
valid Ballot papers and all the rejected Ballot papers shall be separately
bundled and kept together in a packet which shall be sealed with the seals of
the Returning Officer and of such of the candidate their counting agents as may
desire to affix their seals thereon and on packet so sealed shall be recorded
the following particulars, namely: (a)
the name of the
Panchayats/Zilla Panchayat; or (b)
the number or the name
of the ward or constituency and (c)
the date of counting. (1)
The counting of votes
shall be done by and under the supervision of the Returning Officer with the
assistance of such persons as he may appoint to assist in the counting of
votes. (2)
On the day and at the
time and place appointed under rule 10 for the counting of votes, the Returning
Officer shall with respect of Ballot Boxes used at the poll, proceed as
follows: (i)
All the Ballot boxes placed
for the counting of votes shall be counted and checked and the Returning
Officer shall satisfy himself that all such boxes containing the voting papers
are received and accounted for. (ii)
The Returning Officer
shall then allow the candidate and counting agents present at the counting, an
opportunity to inspect the ballot boxes and their seals for satisfying
themselves that they are in order. (iii)
The Returning Officer
shall also satisfy himself that none of the boxes has in fact been tampered
with. (iv)
If the Returning Officer
is satisfied that all such ballot boxes as containing the voting papers which
are to be counted at such place have been received and are in order, he shall
take up the counting of voting papers contained in the ballot boxes. (v)
After each ballot box is
opened for counting, clearly valid voting papers shall be separated from
invalid and doubtful voting papers. The invalid and doubtful voting papers
shall be submitted to the Returning Officer for his decision. The valid voting
papers shall thereafter be taken for counting and the votes recorded in favour
of each candidate shall be counted with the aid of person appointed to assist
in the counting of votes. (vi)
The Returning Officer
shall allow the candidates and counting agents, who may be present, reasonable
opportunity to inspect all ballot papers which, in the opinion of the Returning
Officer, are liable to be rejected but shall not allow them to handle these or
any other Ballot papers. The Returning Officer shall on every Ballot paper
which is rejected endorse the word "rejected". If any candidate or
his counting agent questions the correctness of the rejection of any Ballot
paper, the Returning Officer shall also record briefly on such Ballot paper the
ground for its rejection. (vii)
After counting of all
Ballot papers contained in all ballot boxes used at the polling station has
been completed, all the valid Ballot papers shall be bundled together and kept
alongwith the bundle of rejected. Ballot papers in a separate packet which the
Returning Officer shall cause to be sealed up and on which shall be recorded
the following particulars, namely: (a)
the name of the
Panchayat or Zilla Panchayat; (b)
the number or name of
the ward or constituency; (c)
the particulars of the
polling station where the Ballot papers have been used; and (d)
the date of counting. (3)
The Returning Officer
shall, as far as practicable proceed continuously with the counting of the
votes, and shall during the intervals when the counting has to be suspended,
keep the Ballot papers, packet and other documents relating to the election
sealed with his own seal and the seal of such candidates or counting agents as
may desire to affix their seal and shall cause adequate precautions to be taken
for their safe custody. (4)
After the counting of
Ballot papers contained in all ballot boxes at all the polling stations has
been completed, the Returning Officer shall prepare consolidate statement
recording therein the total number of votes polled by each candidate, in Form
No. 23. (1)
A Ballot paper shall be
liable for rejection: (i)
if it bears any mark by
which the elector may be identified; (ii)
if the number of votes
recorded thereon exceeds the number of members to be elected; (iii)
if no vote is recorded
thereon; (iv)
if the Ballot paper or
the vote recorded thereon is void for uncertainty; (v)
if it is so damaged or
mutilated that its identity as a genuine Ballot paper may not be established. (2)
No Ballot papers shall
be rejected otherwise than on any of the grounds enumerated in sub-rule (1). (3)
The Returning Officer
shall record on every Ballot paper which he rejects, a brief statement of the
reasons for such rejection. (4)
The decision of the
Returning Officer as to the validity or otherwise of the Ballot paper shall be
final. (1)
On completion of the
statement showing the number of votes recorded, the Returning Officer shall
from amongst the candidates qualified to be chosen to fill a reserved seat, if
any, declare, subject to the provisions of rule 8, the candidate who has
secured the largest number of votes to be elected to fill such reserved seat.
Such declaration shall be in Form No. 26. (2)
The Returning Officer
shall then declare from among all other candidates, contesting an election in a
ward or constituency other than the reserved ward, the candidate or candidates
who have secured the largest number of votes to be elected to fill the seat in
a ward or constituency. Such declaration shall be in Form No. 27. (3)
Where an equality of
votes is found to exist between any candidates either for the reserved or the
unreserved seats and the addition of one vote will entitle any of the
candidates to be declared elected, the determination of the person or persons
to whom such an additional vote be deemed to have been given shall be made by
lots to be drawn in the presence of the Returning Officer and the candidates or
their agents who may desire to be present, and in such manner as the Returning
Officer may determine. (1)
After such declaration
has been made, a candidate or in his absence, his agent, may apply in writing
to the Returning Officer for a recount of all or any of the Ballot papers
already counted stating the ground on which he demands such recount. (2)
On such application
being made, the Returning Officer shall decide the matter and may allow the
application in whole or in part, or may reject it in toto if it appears to him
to be frivolous or unreasonable. (3)
Every decision of the
Returning Officer under sub-rule (2) shall be in writing and contain the
reasons therefore. (4)
If the Returning Officer
decides under sub-rule (2) to allow an application, whether in whole or in
part, he shall, (a)
count the Ballot papers
again in accordance with his decision. (b)
amend the statement
showing the number of votes recorded to in sub-rule (4) of rule 54 to the
extent necessary after such recount; and (c)
announce the amendments
so made by him and the result of the election. (1)
The Returning Officer shall
cause the names of the elected candidates to be pasted at the Panchayat Office
and the Mamlatdar's Office and shall report such name immediately to the
Commissioner, who shall in turn forward the list of elected members to the
Director for publication in the Official Gazette: Provided that the
Commissioner shall, before forwarding of the names of the elected members, be
competent to correct mistakes, if any, in the names of elected members. (2)
So far as election to
Zilla Panchayat is concerned, the Returning Officer shall report the names of
elected candidates to the Commissioner who shall in turn forward the list of
elected members to the Government for publication in the Official Gazette. As soon as may be after
a candidate, has been declared by the Returning Officer under the provision of
rule 56 or clause (i) of sub-rule (1) of rule 19 to be elected, the Returning
Officer shall grant to such candidate a Certificate of election in Form No. 28
and obtain from the candidate an acknowledgement of its receipt duly signed by
him. The Returning Officer
shall keep a record of the proceedings of every election and a copy of such
record shall be kept in a separate packet in the sealed trunk alongwith the
bundles of valid and invalid Ballot papers. (1)
If at any election, (a)
any ballot box used at a
polling station is unlawfully taken out of the custody of the Presiding Officer
or the Returning Officer, or is accidentally or intentionally destroyed or lost
or damaged or tampered with to such an extent, that the result of the poll at
that polling station cannot be ascertained, or (b)
any such error or irregularity
in procedure which is likely to vitiate the poll, is committed at a polling
station, the Returning Officer shall forthwith report the matter to the
Commissioner. (2)
Thereupon, the
Commissioner shall, after taking all material circumstances into account,
either, (a)
declare the poll at the
polling station to be void, report to Government to appoint a day and fix the
hours, for taking a fresh poll at that polling station and notify the day so
appointed and the hours so fixed in such manner as he may deem fit, or (b)
if satisfied that the
result of a fresh poll at that polling station will not, in any way, affect the
result of the election or that the error or irregularity in procedure is not
material, issue such directions to the Returning Officer as he may deem proper
for further conduct and completion of the election. (3)
The provisions of the
Act and rules or orders made thereunder shall apply to every such fresh poll as
they apply to the original poll. (1)
If a person is elected
to more than one seat in a Panchayat or Zilla Panchayat, as the case may be he
shall by notice in writing signed by him and delivered to the Director or any
other Officer authorised by the Government, within 7 days from the grant of
Certificate under rule 59, choose anyone of the ward or constituency which he
shall serve and the choice so made shall be final. (2)
If the person does not
make the choice referred to in sub-rule (1) the Director or the Authorised
Officer shall determine by lot and notify the ward or constituency which such
person shall serve. (3)
Such person shall be
deemed to have been elected only for the ward or constituency so chosen or
notified, as the case may be, and the vacancy or vacancies thereby arising in
respect of the other wards or constituencies shall be filled by election. The Returning Officer
shall keep in custody of the Commissioner, the statements, packets and other
documents referred to in rules 47 and 56 and all other papers relating to the
election. (1)
While in the custody of
the Returning Officer, (a)
the packets of unused
ballot papers; (b)
the packets of used
Ballot papers whether valid, tendered or rejected with counterfoils attached
thereto; (c)
the packets of marked
copies of the list of voters, shall not be counted and their contents shall not
be inspected, by, or produced before any person or authority except under order
of a competent court. (2)
All other papers
relating to the election shall be open to public inspection. (1)
On the expiry of two
months from the date of publication of the result of the election or whether an
application challenging the validity of an election has been made, on the
expiry of two months from the date of the decision on such application
whichever is later, the Commissioner shall destroy the Ballot papers. (2)
All other papers
relating to the election shall be retained until the termination of the next election
of the Panchayat or Zilla Panchayat as the case may be and shall, thereafter,
be destroyed, subject to any direction to the contrary given by the
Commissioner or a competent court. (1)
In case of any events
resulting into casual vacancy, namely: (i)
Whenever a member is
removed from membership; (ii)
Whenever a member makes
his choice under sub-rule (1) of rule 62 the provision of rules 10 to 65 shall
mutatis mutandis apply, so far as may be, to every such bye-election. (2)
Whenever a member is
disqualified for being a member under section 11 or whenever a member dies, a
bye-election shall be held under the provisions of section 15. It shall be the general
duty of the Returning Officer at any election to do all such acts and things as
may be necessary for effectually conducting the election in the manner provided
by the Act and these rules. Notwithstanding anything
contained in these Rules, the State Election Commissioner may, with the
previous approval of the Government, issue such orders or instructions, as
deemed necessary, to the Returning Officers and/or the Assistant Returning
Officers for effectively conducting the elections.][7] [1]
The words "or to the counting of votes" have been omitted vide 4th
Amendment Rules, 2000 published in O.G., Series I No. 44 dated 1-2-2000. [2]
The word "seven" has been substituted for the word
"fifteen" by 1st Amendment Rules, 1999, published in O.G., Series I
No. 31 dated 30-10-1999. [3]
Para (2) substituted by the 4th Amendment Rules, 2000 published in Official
Gazette, Series I No. 44 dated 1-2-2000. [4]
Sub-rule (1) of rule 20 substituted by 2nd Amendment Rules, 1999 published in
O.G., Series I No. 32 dated 8-11-99. [5]
Inserted vide 3rd Amendment Rules, 2000 published in O.G., Series I No. 42
dated 14-1-2000. [6]
Substituted by 4th Amendment Rules, 2000 published in O.G., Series I No. 32
dated 1-2-2000. [7]
Inserted 4th Amendment Rules, 2000 published in O.G., Series I No. 44 dated
1-2-2000.GOA PANCHAYAT AND
ZILLA PANCHAYAT (ELECTION PROCEDURE) RULES, 1996
PREAMBLE