Himachal Pradesh Panchayati Raj (Election) Amendment Rules, 2025

[11 February 2025]

No. PCH-HA (1) 18/2008-Loose-II-1790-1992.-Whereas the draft Himachal Pradesh Panchayati Raj (Election) Rules, 1994 were Notified vide this department notification of even number dated 08-01-2025 and published in Rajpatra of Himachal Pradesh on dated 16-01-2025 for inviting objections and suggestions from general public under the provision of Section 186 of Himachal Pradesh Panchayati Raj Act, 1994, (Act No. 4 of 1994).

And whereas, no objection /suggestion has been received in this behalf during the stipulated period;

Now, therefore, in exercise of the powers conferred by section 186 of the Himachal Pradesh Panchayati Raj Act, 1994 (Act No. 4 of 1994), the Governor of Himachal Pradesh is pleased to make the following rules further to amend the Himachal Pradesh Panchayati Raj (Election) Rules, 1994, notified vide this Department Notification No. PCH-HA (3) 6/94, dated 7th February, 1995 and published in the Rajpatra, Himachal Pradesh (Extra-ordinary) on 8th February, 1995, namely: -

Rule 1. Short title and commencement.

(1)     These rules may be called the Himachal Pradesh Panchayati Raj (Election) Amendment Rules, 2025.

(2)     These rules shall come into force from the date of their publication in Rajpatra (e-Gazette), Himachal Pradesh except rule 2 of these rules which shall come into force from such date as may be notified by the State Government.

Rule 2. Amendment of rule 9.

In rule 9 of the Himachal Pradesh Panchayati Raj (Election) Rules, 1994 (hereinafter referred to as the said rules) in sub-rule (2) for the words and sign "While delimiting the constituencies of Zila Parishad, Sabha Area shall be a unit", the words and signs "While delimiting the constituencies of Zila Parishad, Panchayat Samiti Area shall be a unit. The Zila Parishad Ward(s) shall not transgress the boundaries of Panchayat Samiti" shall be substituted.

Rule 3. Amendment of rule 24.

In sub-rule (3) of rule 24 of the said rules, for the second proviso the following shall be substituted, namely: -

"Provided further that an application under this rule shall not be submitted after the Notification of Election Programme under rule 32 of these rules:".

Rule 4. Amendment of rule 32.

In rule 32 of the said rules for sub-rule (3) and (4), the following shall be substituted, namely: -

"(3) The election programme shall be notified by the State Election Commission seven days before the date of filing of nomination papers:

Provided that District Election Officer (P) shall issue a notice of election under rule 33 on the date as may be specified by the State Election Commission.

(4)   The period for filing of nomination papers shall be three days and the date of scrutiny shall be the next day from the last date of filing of nomination papers. The date of withdrawal shall be the third and fourth day from the date of scrutiny. The date for affixing the list of contesting candidates shall be the last date fixed for withdrawal of candidature. The list of polling stations shall be published well before the date of withdrawal. The gap between the date of withdrawal and the date of poll shall be ten days and the day of poll shall preferably be a Sunday or any gazetted holiday:

Provided that no nomination paper or withdrawal application shall be delivered on a day which is a public holiday:".

Rule 5. Amendment of rule 33.

In rule 33 of the said rules for the words "on which Election Programme is issued" the words "as may be specified by the State Election Commission in the Election Programme," shall be substituted.

Rule 6. Amendment of rule 35.

In rule 35 of the said rules, after sub-rule (3), the followingsub-rules shall be added, namely: -

"(4) A proposer may propose only one candidate for one post. Proposal once made shall not be withdrawn or cancelled.

(5)   In a ward which is reserved for Scheduled Castes/Scheduled Tribes/Other Backward Classes, the nomination paper shall not be treated as valid, unless it contains a declaration by the candidate specifying particular caste or tribe or backward class of which he is a member and the candidate submits a certificate issued by the competent authority authorized by the State Government, certifying that the candidate belongs to such Scheduled Caste or Scheduled Tribe or Other Backward Class, as the case may be".

Rule 7. Amendment of rule 40.

In sub-rule (1) of rule 40 of the said rules, the words "the date" shall be substituted by the words "the last date".

Rule 8. Amendment of rule 91.

In rule 91, of the said rule the following proviso shall be added, namely:-

"Provided that the State Election Commission may appoint observer(s), who shall be an officer of Government to watch the conduct of election or elections in a Development Block or a group of Development Blocks and to perform such other functions as may be entrusted to him by the State Election Commission".

Rule 9. Insertion of Rule 91-A.

In the said rules, after rule 91, the following rule shall be inserted, namely: -

"91-A Duties of the District Election Officers (Panchayat).

The District Election Officer (Panchayat) shall subject to the supervision and control of the State Election Commission do all such acts and things as may be necessary to effectively conduct the elections in the manner provided by these rules or orders made thereunder".

Rule 10. Amendment of Form-2.

In the said rules, in FORM-2 in Sr. No. (v), after the words "Gram Panchayat" the words or "Municipality" shall be added.

Rule 11. Amendment of Form-15.

In the said rules in FORM-15, for the words "Registration Officer", the words and signs "District Election Officer (Panchayat)" shall be substituted.

Rule 12. Amendment of Form-18.

In the said rules in FORM-18, after the line "Postal Address" the words and signs "Mobile Number" shall be inserted.

Rule 13. Amendment of Form-38.

In the said rules in FORM- 38 (Part-II), for the words and sign "Returning Officer/Officer authorized by Returning Officer" the words and signs "District Election Officer (Panchayat)" shall be substituted.

Rule 14. Amendment of Form-39.

In the said rules in FORM- 39, for the words, "Returning Officer" the words "District Election Officer" shall be substituted.