In exercise
of the powers conferred by sub-section (1) of section 585 read with sub-section
(1) of section 93 of the Greater Hyderabad Municipal Corporation Act, 1955
(Andhra Pradesh Act No. II of 1956), and in supersession of Bye-laws issued for
appointment of members to the Standing Committee in Municipal Corporation of
Hyderabad in GO. Ms. No. 197 MA dated 24-5-1973, the Governor of Andhra Pradesh
makes the following Rules for constitution, and choosing of members to the
Standing Committee in Greater Hyderabad Municipal Corporation: CHAPTER-I
PRELIMINARY (1)
These rules may be called the Greater
Hyderabad Municipal Corporation (Constitution and choosing of members to the
Standing Committee) Rules, 2010. (2)
They shall come into force from the date of
publication in the Andhra Pradesh Gazette. In these Rules, unless the context
otherwise requires: (1)
"Act" means the Greater Hyderabad
Municipal Corporation Act, 1955; (2)
"Government" means the Government
of Andhra Pradesh; (3)
"Commissioner" means Commissioner
appointed by the Government under section 104 of the Act; (4)
"Corporation" means Municipal
Corporation established under section 3 of the Act. (5)
"Form" means form appended to the
Rules; (6)
"Member" means elected member of
the Corporation; (7)
"Standing Committee" means Standing
Committee constituted under sub-section (1) of section 93 of the Act; (8)
Words used but not defined in the rules shall
have the meaning assigned to them in the Act. CHAPTER-II STANDING
COMMITTEE (1)
The Standing Committee for the Corporation
shall be constituted by the Government, by an order, within three months from
the date appointed for the first meeting of the Corporation under clause (b) of
section 88 of the Act subject to the condition that in respect of a Standing
Committee functioning at the time of commencement of Andhra Pradesh Municipal
Laws (Second Amendment) Act, 2008 (Andhra Pradesh Act No. 7 of 2008), a new
Standing Committee shall be constituted after expiry of the term of the members
of the Standing Committee holding office at that time. (2)
The Standing Committee shall consist of not
less than five and not more than fifteen members at the rate of one member for
ten wards. (3)
After working out the number of members of
Standing Committee based on sub-rule (2) if the remainder of wards is less than
five wards it shall be ignored and if the remainder of wards is five or more,
one additional member shall be allowed to the Standing Committee. (4)
The members of the Standing Committee shall
be chosen by the elected members of the Corporation from among themselves, by
election as prescribed in these Rules within three months from the date of
orders issued by the Government constituting the Standing Committee. (5)
The members of the Standing Committee shall
hold office for a period of one year from the date of election subject to first
proviso under clause (b) sub-section (1) of section 93 of the Act. The Commissioner shall prepare a
voters list which shall consist of the names of all elected members of the
Municipal Corporation in Form-I and publish it on the notice board of the
Municipal Corporation office. Every person whose name is included in
the voters list is entitled to vote at the election of the members of the
Standing Committee and he/she shall have as many votes as there are members to
be elected to the Standing Committee. The Commissioner shall publish a
election notice in Form-II on the notice board of Municipal Corporation calling
upon voters i.e. elected members of the Corporation to elect the members of the
Standing Committee. The Commissioner shall serve the election notice on elected
members of the Corporation duly obtaining proper acknowledgement. The election notice shall state:- (a)
the number of members to be elected to the
Standing Committee; (b)
the place, time and the last date, which
shall not be less than seven days from the date of publication of the notice
for filing nominations; (c)
the date of scrutiny of nominations and publication
of the list of valid nominations, whether it is a working day or public
holiday; (d)
last day for withdrawal of nominations and
the date for publication of the list of contesting candidates, which shall be
the third day after the date of scrutiny of nominations, whether it is a
working day or public holiday. (e)
The date, which shall not be less than three
clear days from the date of publication of the list of contesting candidates,
on which and the hours during which, poll shall, if necessary, be taken and the
date and time for counting of votes and declaration of result of the poll. (1)
On or before the date and time fixed under
clause (b) of rule 7, each candidate shall, either in person or by his
proposer, deliver to the Commissioner or an officer authorized by the
Commissioner a nomination paper completed in Form-III and signed by the
candidate and by the proposer, who shall be a voter i.e. elected member of the
Corporation. (2)
The same voter may propose as many candidates
as there are seats to be filled up in the Standing Committee, but each
candidate shall be nominated by a separate nomination paper. (3)
If any voter has proposed larger number of
candidates than the seats to be filled, only such of the nominations, which
have been first received upto the number of seats to be filled in shall be
deemed to have been accepted. (4)
The Commissioner or an officer authorized by
the Commissioner shall, on receiving a nomination paper, enter its serial
number, the date on which and the hour at which it has been received by him and
shall verify the name and number of the candidate and his proposer in the
voters list. (5)
Receipt for nomination paper and notice of
scrutiny shall be given in Form-IV. (6)
No nominations shall be received after the
date and time fixed for the purpose under clause (b) of rule 7. As soon as may be after the time fixed
for filing of nominations, the Commissioner or an officer authorized by the
Commissioner shall publish in Form-V a list of nominations received with a
notice that the nomination papers will be scrutinized on the date fixed at the
place and hour specified in the notice under clause (c) of rule 7. (1)
On the date fixed for the scrutiny of
nominations, the candidates may attend at such time and place as the
Commissioner may appoint and the Commissioner shall give them all reasonable
facilities for examining the nomination papers of all candidates. (2)
The Commissioner shall then examine the nomination
papers and shall decide all the objections which may be made at the time of
scrutiny of any nomination and may, either on such objection or on his own
motion after such summary enquiry, if any, as he deems necessary reject any
nomination duly recording the reasons for such rejection, which shall be
supplied free of cost to the candidate whose nomination is rejected. (3)
On the same day immediately after the
scrutiny of the nomination papers, the Commissioner shall prepare a list of
valid nominations in Form-VI and publish it on the notice board of the
Corporation. Any candidate may withdraw his
nomination by notice in writing in Form-VII signed by him and delivered by him
in person or by his proposer to the Commissioner or an officer authorized by
the Commissioner before the date fixed under clause (d) of rule 7 and on
receipt of such notice the Commissioner or an officer authorized by the
Commissioner shall note thereon the date and the time at which, it was delivered
to him and by whom it was delivered. Immediately after the expiry of the
period for withdrawal of the candidatures under rule 11, the Commissioner shall
prepare a list of contesting candidates in Telugu alphabetical order i.e.,
candidates whose nominations are found to be valid and who have not withdrawn
their candidature and publish it in Form-VIII on the notice board of the
Corporation. (1)
If the number of contesting candidates is
equal to or less than the number of seats to be filled, the Commissioner shall
declare all such candidates to be duly elected. (2)
If the number of contesting candidates
exceeds the number of seats to be filled, poll shall be taken by secret ballot. (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 Form-IX. (2)
The ballot paper shall contain the names of
the 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 paper shall be serially numbered and
the counterfoil thereof shall have on their faces the same serial numbers as
those contained on the faces of the ballot paper Every ballot box shall be of such
design as may be decided by the Commissioner. (1)
The Commissioner shall provide a polling
station for conduct of election to the members of the Standing Committee. The
Commissioner shall appoint a Presiding Officer for the polling station and as
many Polling Officers as may be necessary for the purpose of conducting
election. (2)
Subject to the control and supervision of
Commissioner, the Presiding Officer and the Polling Officers shall perform such
functions and shall discharge such duties as are laid down herein after in
these rules. (1)
There shall be displayed prominently outside
the polling station:- (a)
the number of members to be elected; (b)
list of voters i.e. elected members of the
Corporation; and (c)
a copy of the list of contesting candidates (2)
The Commissioner shall provide for each
polling station:- (a)
as many ballot boxes as may be necessary; (b)
one or more voting compartments; (c)
sufficient number of ballot papers; and a
list of voters; and (d)
other accessories and equipment as may be necessary
for conducting a poll. (1)
The Presiding Officer shall not allow any
unauthorized person to enter into the polling station; besides the voters,
public servants on duty in connection with election shall also be admitted to
the polling station at any time. (2)
The Presiding Officer shall also regulate
movement of voters for peaceful conduct of poll. (3)
The Presiding Officer shall, immediately
before the poll, demonstrate to all persons present at the polling station that
the ballot box is empty and then close, seal and secure the ballot box and keep
it in view of all persons present in the polling station. (1)
Every ballot paper before it is issued to a
voter 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. (2)
At the time of issuing a ballot paper to a
voter, the Presiding Officer shall- (a)
record on its counterfoil the electoral roll
number of the voter as entered in the voters list; (b)
obtain the signature or thumb impression of
the voter on the said counterfoil; and (c)
mark the name of the voter in the voters list
to indicate that a ballot paper has been issued to him, without however,
recording therein serial number of the ballot paper issued to the voter: Provided that no ballot paper shall be
delivered to a voter unless he has put his signature or thumb impression on the
counterfoil of that ballot paper (1)
The voter, on receiving the ballot paper
shall forthwith- (a)
proceed to one of the voting compartments; (b)
there make a mark on the ballot paper with
the instrument supplied for the purpose on or near the names of the candidates
for whom he intends to vote; (c)
fold the ballot paper so as to conceal his
vote; (d)
insert the folded ballot paper into the
ballot box; and (e)
quit the polling station. (2)
If owing to blindness or other physical infirmity,
a voter is unable to read the names of the candidates 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 18 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. The voter who has inadvertently dealt
with a 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. If a voter after obtaining a ballot
paper decides not to use it, he shall return the same to the Presiding Officer
and the same shall be marked as "Returned: cancelled" by the
Presiding Officer. The Presiding Officer shall close a
polling station at the hour fixed in that behalf and shall not thereafter admit
any voter into the polling station. (1)
As soon as may be after the close of poll,
the Presiding Officer shall prepare a ballot paper account in Form-X. (2)
A copy of ballot paper account may be
supplied to the candidates on request. (1)
After completion of the poll, the
Commissioner, in the presence of the candidates present shall open the ballot
box and count the number of ballot papers taken out there from. (2)
The Commissioner shall reject a ballot
paper:- (a)
if it bears any mark or writing by which the voter
can be identified; or (b)
if no vote is recorded thereon; or (c)
If votes are given in favour of candidates
more than the seats to be filled in; (d)
If the mark indicating the vote thereon is
placed in such a manner as to make it doubtful to which candidate the vote has
been given; or (e)
If it is spurious ballot paper; or (f)
if it does not bear the signature of the
Presiding Officer. Provided that a ballot paper shall not
be rejected merely on the ground that the mark indicating the vote is
indistinct or made more than once, if the intention that the vote shall be for
a particular candidate clearly appears from the way the paper is marked. (3)
Before rejecting any ballot paper under
sub-rule (2) the Commissioner shall allow each contesting candidate present a
reasonable opportunity to inspect the ballot paper but shall not allow him to
handle it or any other ballot paper (4)
The Commissioner shall endorse on every
ballot paper which he rejects the word "Rejected" and the grounds of
rejection in abbreviated form either in his own hand or by means of a rubber
stamp and shall initial such endorsement After completion of the counting, the
Commissioner shall record the total number of votes polled by each candidate in
descending order in Form-XI and announce the same. (1)
After such announcement has been made, as
mentioned in rule 25, the contesting candidate may apply in writing to the
Commissioner to recount the votes either wholly or in part stating the grounds
on which the demand for recount is made. On such an application being made, the
Commissioner 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. (2)
When a recount of votes is made under
sub-rule (1), the Commissioner shall amend the statement referred to in rule 25
to the extent necessary after such recount and announce the amendment so made
by him. (1)
After completion of the counting or
recounting of votes, as the case may be, under rules 25 and 26 the Commissioner
shall prepare list of candidate with votes polled by them in descending order.
The candidates who have secured highest number of votes in descending order to
the extent of number of seats shall be declared to have been elected as members
of Standing Committee in Form-XII and it shall be signed by the Commissioner. (2)
The Commissioner shall affix a copy of
Form-XII on the notice board of the Corporation apart from handing over a
signed copy thereof to each of the member declared elected, the receipt of
which shall be acknowledged by such member. In the election, when an equality of
votes is found between any two or more candidates and the addition of one vote
will entitle any of the candidates to be declared elected, the Commissioner
shall, after intimation to the candidates, forthwith decide between those
candidates, by lot, in such manner as he may determine and proceed as if the
candidate on whom the lot falls had received an additional vote. The provisions for the election of
members of Standing Committee shall mutatis mutandis be applicable for the
purpose of filling up of casual vacancies in the office of members of the
Standing Committee. Provided that a member elected in a
casual vacancy shall hold office during the residuary period of tenure of
Standing Committee. Provided further that no casual
vacancy occurred within three months before the date on which the term of
Standing Committee expires shall be filled in. (1)
The Commissioner shall keep in safe custody
and seal all papers relating to the elections. (2)
On the expiry of three months from the date
of publication of the names of the elected members of the Standing Committee
all the papers relating to the election shall be destroyed. These rules shall extend to and apply
also to Greater Visakhapatnam Municipal Corporation, Vijayawada Municipal
Corporation and all Corporations constituted under the provisions of Andhra
Pradesh Municipal Corporations Act, 1994. GREATER HYDERABAD
MUNICIPAL CORPORATION (CONSTITUTION AND CHOOSING OF MEMBERS TO THE STANDING
COMMITTEE) RULES, 2010
PREAMBLE