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KARNATAKA MUNICIPAL CORPORATIONS (ELECTION) (AMENDMENT) RULES, 1995

KARNATAKA MUNICIPAL CORPORATIONS (ELECTION) (AMENDMENT) RULES, 1995

KARNATAKA MUNICIPAL CORPORATIONS (ELECTION) (AMENDMENT) RULES, 1995

 

PREAMBLE

Whereas, the draft of the Karnataka Municipal Corporations (Election) (Amendment) Rules, 1995, was published as required by sub-section, (3) of Section 421 of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), in Notification No. HUD 240 MLR 95, dated. 3rd August, 1995 in Part IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 4th August, 1995 inviting objections and suggestions from all the persons likely to be affected: thereby within thirty days from the date of its publication in the Official Gazette.

And Whereas, the said Gazette was made available to the public on 4th August, 1995.

And whereas, no objections and suggestions were received.

Now therefore, in exercise of the powers conferred by Section 421 of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), the Government of Karnataka hereby make the following rules, namely.

Rule - 1. Short title and commencement.

(1)     These rules, may be called the Karnataka Municipal Corporations (Election) (Amendment) Rules, 1995.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Amendment of Rule 2.

In Rule 2 of the Karnataka Municipal Corporations. (Election) Rules, 1979 (hereinafter referred to as the said Rules).

(1)     for clause (b), the following shall be substituted, namely

"(b) "Commissioner" means.

(i)       in the case of the Corporation of the City of Bangalore, the Commissioner appointed under Section 14 of the Act and includes a person appointed to act as Commissioner under Section 16;

(ii)      in the case of other Corporations, the Deputy Commissioner of the concerned Revenue District."

(2)     Clause (d) shall be renumbered as clause (i) and before the clause (i) as so renumbered the following clauses shall be inserted, namely.

"(d) "Presiding Officer" means any person appointed under Rule 7 as Presiding Officer and includes any Polling Officer performing any of the function of a Presiding Officer under Rule 9;

(e)   "Public holiday" means any day which is a public holiday for the purposes of Section 25 of the Negotiable Instruments Act, 1881 (Central Act 26 of 1881);

(f)    "Qualified Candidate" or "Candidate Qualified to be chosen" shall mean a candidate, who is qualified to be chosen in an election held under the provisions of the Act and the rules made thereunder;

(g)   "Reserved Seat" means a seat reserved for Scheduled Castes, Scheduled Tribes, Backward Classes and Women under Section 7;

(h)   "Returning Officer" means any person appointed under Rule 4 as Returning Officer and includes an Assistant Returning Officer performing any of the functions of a Returning Officer."

Rule - 3. Omission of Chapter I-A and Rules 2-A to 2-Z.

Chapter I-A and Rules 2-A to 2-Z of the said rules shall be omitted.

Rule - 4. Amendment of Rule 3.

Rule 3 of the said rules shall be renumbered as Rule 3-A and before the Rule 3-A as so renumbered, the following rule shall be inserted, namely.

"3. Conduct of Election.

(1)     Election to the Corporation shall be conducted under the superintendence, direction and control of the State Election Commission.

(2)     Subject to the superintendence, direction and control of the State Election Commission, the Commissioner shall co-ordinate and supervise all work in connection with the conduct of election to the Corporation. The Commissioner shall also perform such other functions pertaining to the said elections as may be entrusted to him by the State Election Commission."

Rule - 5. Amendment of Rule 4.

In Rule 4 of the said rules, in sub-rule (i).-

(i)       first proviso shall be omitted;

(ii)      in the second proviso.

(a)      for the words "Provided further", the word "Provided" shall be substituted;

(b)      for the words "division" or "divisions", the words "ward" or "wards" shall respectively be substituted.

Rule - 6. Amendment of Rule 6.

In Rule 6 of the said Rules.

(i)       for the word "division", the word "ward" shall be substituted;

(ii)      for the word "Government", the words "State Election Commission" shall be substituted.

Rule - 7. Substitution of Rule 10.

For Rule 10 of the said rules, the following shall be substituted, namely.

"10. Notification of Election.

(1)     The Commissioner shall with the approval of the State Election Commission notify in Form 1 the intended election referred to in Section 24.

(2)     The Commissioner shall in such Notification appoint.

(i)       the last date for making nominations which shall be the seventh day after the date of publication of Notification or if that day is a public holiday, the next succeeding day which is not a public holiday;

(ii)      the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations, or if that day is a public holiday, the next succeeding day which is not a public holiday;

(iii)     the last day for the withdrawal of candidatures, which shall be the second day after the date for the scrutiny of nominations or, if that day is a public holiday the next succeeding day which is not a public holiday;

(iv)    the date on which the poll shall, if necessary, be taken which shall be a date not earlier than tenth day after the last day for the withdrawal of candidatures and the hours during which the poll shall be taken, the total period of which on any allotted day shall not be less than eight hours; and

(v)      the date before which the election shall be completed.

(3)     (a) On the issue of the notification under sub-rule (1) the Returning Officer shall given a public notice of fee intended election in Form 1-A by displaying it on the notice board in his office and in the office of Corporation and at such other places as he deems necessary, inviting nominations for such election.

(b) In the said notice, the Returning Officer shall specify among other things the last date for receipt of nominations, the place at which nominations are to be delivered, date of scrutiny of nominations, last date for withdrawal of candidature, date or dates on which a poll shall, if necessary, be taken and the hours of poll and the date before which elections shall be completed which shall conform to the dates notified in that behalf by the Commissioner under sub-rule (2)."

Rule - 8. Amendment of Rule 12.

In Rule 12 of the said rules.

(1)     in sub-rule (1).

(a)      for the word "division", the word "ward" shall be substituted; and

(b)      the following proviso shall be inserted, namely.

"Provided that no nomination paper shall be delivered to the Returning Officer on a day which is a public holiday."

(2)     in sub-rule (2).

(a)      for the word "division", the word "ward" shall be substituted; and

(b)      for the words "or Scheduled Tribes", the words "Scheduled Tribes or Backward Classes" shall be substituted;

(c)      for the words "Caste or Tribe" in the two places where they occur, the words "class, caste or tribe" shall be substituted;

(d)      for the words "Scheduled Caste or, as the case may be, Scheduled Tribes", the words "Backward Class, Scheduled Caste or Scheduled Tribe" shall be substituted.

(3)     after sub-rule (2), the following sub-rule shall be inserted, namely.

"(2-A) On the presentation of a nomination paper, the Returning Officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral roll:

Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper shall affect the full operation of the electoral roll or nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be understood and the Returning Officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary direct that any such misnomer, inaccurate description/clerical/technical or printing error in the electoral roll or in the nomination paper shall be overlooked."

(4)     in sub-rule (4).

(a)      for the word "division" in the two places where it occurs, the word "ward" shall be substituted;

(b)      for the words "Scheduled Caste", the words "Backward Class or a Scheduled Caste" shall be substituted;

(c)      for the words "two hundred" and "one hundred", the words "one thousand" and "four hundred" shall respectively be substituted.

(5)     after sub-rule (4), the following sub-rule shall be inserted, namely.

"(5) Any sum required to be deposited under sub-rule (4) shall not be deemed to have been deposited in that sub-rule unless at the time of delivery of nomination paper under sub-rule (1) the candidate has either deposited or caused to be deposited that sum with the Returning Officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or in his behalf in the Government treasury."

Rule - 9. Amendment of Rule 14.

In Rule 14 of the said rules.

(1)     after sub-rule (2), the following sub-rule shall be inserted, namely.

"(2-A) Nothing contained in clause (b) or (c) of sub-rule (2) shall be deemed to authorise the rejection of nomination of any candidate on the ground of any irregularity in respect of nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed."

(2)     after sub-rule (6), the following sub-rule shall be inserted, namely.

"(7) For the purpose of this rule, a certified copy of an entry in the electoral roll for the time being in force of a Ward shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that ward."

Rule - 10. Amendment of Rule 16.

In Rule 16 of the said rules, in sub-rule (1), in the proviso, for the word "Government", the words "State Election Commission" shall be substituted.

Rule - 11. Substitution of Rules 17 and 18.

For Rules 17 and 18 of the said rules, the following rules shall be substituted, namely.

"17. Recognition of political parties.

Every political party recognised by the Election Commission of India as a National Party or as a State Party in the State of Karnataka under the Election Symbols (Reservation and Allotment) Order, 1968, shall be the recognised political party for the purpose of election to Corporation.

17-A. Publication of a list of recognised Political Parties and Symbols.

For the purpose of these rules the State Election Commission shall publish by notification a list of recognised political parties and symbol reserved to each such recognised political party and a list of free symbols.

18. Allotment of symbols.

(1)     A candidate set up by a recognised Political Party in the election shall choose, and shall be allotted, symbol reserved for that party and no other symbol.

(2)     A reserved symbol shall not be chosen by or allotted to any candidate other than a candidate set up by a recognised political party.

(3)     Any candidate other than the candidate set up by a recognised Political Party in the election shall choose and shall be allotted in accordance with the rules hereinafter provided, one of the symbols specified as free symbols:

Provided that in the case of a candidate set up by an unrecognised political party in the election shall be allotted the free symbol chosen by such candidates and no one else and in case candidate set up by two of more unrecognised political parties choose the same free symbol, the Returning Officer shall decide by lot to which of those candidates set up by such unrecognised political parties that free symbol shall be allotted and allot that free symbol to the candidate to whom the lot falls and to no one else. The remaining free symbols shall be allotted to other candidates.

Explanation. the purpose of this rule, the expression "unrecognised political party" means a political party registered as a party in the State of Karnataka under the Election Symbols (Reservation and Allotment) Order, 1968, and which is not a recognised political party within the meaning of the said order.

(4)     Where a free symbol other than the one chosen by a candidate set up by an unrecognised political party has been chosen by only one candidate at the election, the Returning Officer shall allot that symbol to that candidate and to no one else.

(5)     Where the same free symbol other than the one chosen by a candidate set up by any unrecognised political party is chosen by more than one candidate.

(a)      the Returning Officer shall decide by lot to which of those candidates that free symbol shall be allotted and shall allot it to the candidate, to whom the lot falls and to no one else;

(b)      where there are more number of candidates than the number of free symbols specified, the Returning Officer shall allot any other symbol in his discretion to the remaining candidates.

Explanation. the purpose of these rules a candidate shall be deemed to be set up by a political party, if and only if.

(a)      the candidate has made a declaration to that effect in his nomination paper; and

(b)      a notice in writing to that effect has been delivered to the Returning Officer before 3 O'clock in the afternoon on the last date for withdrawal of candidature; and

(c)      the said notice is signed by the President or the Secretary or any other office bearer of the party and the President, Secretary or such other office bearer is authorised by the party to send such notice and the name and specimen signature of the President, the Secretary or such other office-bearer are communicated in advance to the Returning Officer of the ward and to the State Election Commission. In the case of a National Party the authorisation may be made by the President of the party's unit at the state level or any other office bearer of such unit who is empowered by it."

Rule - 12. Amendment of Rule 19.

In Rule 19 of the said rules, in sub-rule (2), after the words "contesting candidates", the words "and specimen of the picture of the symbol allotted" shall be inserted.

Rule - 13. Amendment of Rule 20.

In Rule 20 of the said rules, after sub-rule (2) the following sub-rule shall be inserted, namely.

"(3)   In the event of such a revocation or death of an election agent the candidate may at any time before the election is over make a fresh appointment in the manner specified in sub-rule (1)."

Rule - 14. Amendment of Rule 21.

In Rule 21 of the said rules, in sub-rule (5), after the words "such revocation", the words "or death of an election agent" shall be inserted.

Rule - 15. Substitution of Rules 22 and 23.

For Rules 22 and 23 of the said rules, the following rules shall be substituted, namely.

"22. Attendance of a contesting candidate or his election agent at polling stations and performance by him of the functions of a polling agent or counting agent.

(1)     At every election where a poll is taken, each contesting candidate "at such election and his election agent shall have a right to be present at any polling station provided under. Rule 6, for the taking of the poll.

(2)     A contesting candidate or his election agent may himself do any act or thing which any polling agent or the counting agent of such contesting candidate if appointed, would have been authorised by or under these rules to do, or may assist any polling agent or the counting agent of such contesting candidates in doing any such act or thing.

22-A. Non-attendance of Polling or Counting Agents.

Where any act or thing is required or authorised by or under these rules to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the said purpose shall not, if the act or thing is otherwise duly done invalidate the act or thing done.

23. Death of candidate before the poll.

If a candidate set up by a recognised political party.

(a)      dies at any time after 11 a.m. on the last date for making nominations and his nomination is found valid on scrutiny under Rule 14; or

(b)      whose nomination has been found valid on scrutiny under Rule 14 and who has not withdrawn his candidature under Rule 15, dies and in either case, a report of his death is received at any time before the publication of the list of contesting candidates under Rule 19; or

(c)      dies as a contesting candidate and a report of his death is received before the commencement of the poll, the Returning Officer shall, upon being satisfied about the fact of the death of the candidate, by order, countermand the poll and report the fact to the State Election Commission and all proceedings with reference to the election shall be commenced afresh in all respects as if for a new election:

Provided that no order for countermanding a poll should be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate:

Provided further 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 also that no person who has given a notice of withdrawal of his candidature under sub-rule (1) of Rule 15 before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding."

Rule - 16. Amendment of Rule 24.

In Rule 24 of the said rules.

(1)     in sub-rule (2), for the word and figures "Form 12", the words, letter and figures "Form 12 or Form 12-A as may be appropriate" shall be substituted.

(2)     in sub-rule (3)

(a)      for the word "division" in the two places where it occurs, the word "ward" shall be substituted',

(b)      for the word and figures "Form 12", the words, letter and figures "Form 12 or Form 12-A as may be appropriate" shall be substituted',

(c)      after the words "Commissioner shall, the, words "with the approval of the State Election Commission" shall be inserted,

(3)     sub-rule (4) shall be omitted.

Rule - 17. Omission of Rule 25.

Rule 25 of the said rules shall be omitted.

Rule - 18. Amendment of Rule 26.

In Rule 26 of the said rules.

(1)     in sub-rule (2).

(a)      after the words "to the Commissioner", the words "and the State Election Commission" shall be inserted;

(b)      for the words "approval of the Commissioner", the words "approval of the State Election Commission" shall be substituted;

(c)      for the word "division", the word "ward" shall be substituted.

(2)     "after sub-rule (2), the following sub-rule shall be inserted, namely.

"(3) In every such case as aforesaid, the Returning Officer shall notify in such manner as the State Election Commission may direct the date, place and hours of polling fixed under sub-rule (2)."

Rule - 19. Insertion of new Rules 26-A and 26-B.

After Rule 26 of the said rules, the following shall be inserted, namely.

"26-A. Procedure on adjournment of poll.

(1)     If the poll at any polling station is adjourned under Rule 26 the provisions of Rules 53, 54, 56 and 57 shall, as far as practicable apply as if the poll was closed at the hour fixed in that behalf under Rule 10.

(2)     When an adjourned poll is recommended under sub-rule (2) of Rule 26, 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 the sealed packet containing the marked copy of the electoral roll and a new ballot box.

(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 marking the names of the electors to whom the ballot papers are issued at the adjourned poll, without however recording therein the serial number thereof.

(5)     The provisions of Rules 29 to 35 and 44 to 57 shall apply in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.

26-B. Adjournment of poll or countermanding of election on the ground of booth capturing.

(1)     If at any election.

(a)      booth capturing has taken place at a polling station or at a place fixed for the poll (hereinafter in this rule referred to as a 'place') in such a manner that the result of the poll at that polling station or place cannot be ascertained; or

(b)      booth capturing takes place in any place for counting of votes in such a manner that the result, of the counting at the place cannot be ascertained;

the Returning Officer shall forthwith report the matter to the State Election Commission and the Commissioner.

(2)     The State Election Commission shall, on receipt of a report from the Returning Officer under sub-rule (1) and after taking all material circumstances into account, either.

(a)      declare that the poll at that polling station or place be void/appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or

(b)      if satisfied that in view of the large number of polling stations or places involved in booth capturing, the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election in that ward.

Explanation. For the purpose of this rule "booth capturing" includes, among other things, all or any of the following activities, namely.

(a)      seizure of polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;

(b)      taking possession of a polling station of a place fixed for the polling by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from voting;

(c)      threatening any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;

(d)      seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes;

(e)      doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate."

Rule - 20. Amendment of Rule 27.

In Rule 27 of the said rules.

(1)     in sub-rule (1), for clause (c), the following shall be substituted, namely.

"(c) the Returning Officer shall forthwith report the matter to the State Election Commission."

(2)     in sub-rule (2).

(a)      for the word "Commissioner", the words "State Election Commission" shall be substituted)

(b)      for the word "division", the word "ward" shall be substituted.

Rule - 21. Amendment of Rule 29.

In Rule 29 of the said rules for sub-rule (1), the following rule shall be substituted, namely.

"(1) Every ballot paper shall have a counterfoil attached thereto and the said ballot paper and the counterfoil shall be in such form and particulars therein shall be in the language or languages as the State Election Commission may direct."

Rule - 22. Amendment of Rule 30.

In Rule 30 of the said rules, for the words "the Election Commission of India for purposes of election to a Legislative Assembly or to Parliament", the words "the State Election Commission" shall be substituted.

Rule - 23. Amendment of Rule 32.

In Rule 32 of the said rules, in clause (c), after the words "by the Commissioner", the words "and the State Election Commission" shall be inserted.

Rule - 24. Amendment of Rule 41.

In Rule 41 of the said rules;

(1)     in sub-rule (2), the word "Stipendiary" shall be omitted.

(2)     in sub-rules (4) and (5), the words "may attest" shall be inserted at the end.

Rule - 25. Amendment of Rule 48.

In Rule 48 of the said rules.

(1)     in sub-rule (1), for the words "Returning Officer", the words "State Election Commission" shall be substituted.

(2)     in sub-rule (2).

(a)      after clause (a), the following clause shall be inserted, namely.

"(aa) obtain the signature or thumb impression of the elector on the said counterfoil;"

(b)      after clause (b), the following proviso shall be inserted, namely.

"Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb impression on the counterfoil of that ballot paper."

(3)     after sub-rule (2), the following sub-rule shall be inserted, namely.

"(2-A) It shall not be necessary for any Presiding Officer or any Polling Officer or any other officer to attest the thumb impression of the elector on the counterfoil."

Rule - 26. Amendment of Rule 50.

In Rule 50 of the said rules, in sub-rule (1), for the words "twenty-one", the word "eighteen" shall be substituted.

Rule - 27. Amendment of Rule 56.

Rule 56 of the said rules shall be renumbered as sub-rule (1), and

(1)     in sub-rule, as so renumbered, after clause (c), the following clauses shall be inserted, namely.

"(d) any other ballot papers not issued to the voters;

(e)   the ballot papers cancelled for violation of voting procedure under Rule 48;

(f)    any other cancelled ballot papers;

(g)   the cover containing the tendered ballot papers and the list in Form 19;

(h)   the list of challenged votes; and

(i)    any other papers directed by the State Election Commission to be kept in a sealed packet."

(2)     after sub-rule (1), as so renumbered, the following sub-rule shall be inserted, namely.

"(2) Each such packet shall be sealed with the seal of the Presiding Officer and with 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."

Rule - 28. Amendment of Rule 58.

In Rule 58 of the said rules for sub-rule (1), the following shall be substituted, namely.

"(1) A contesting candidate or his election agent may appoint not more than one counting agent in respect of each counting table at the place or at each of the places fixed for counting to be present as his agents at the time of counting of votes of the ward in which he is a candidate/'

Rule - 29. Amendment of Rule 60.

In Rule 60 of the said rules, in sub-rule (1), in clause (b), for the word "Commissioner", the words "State Election Commission" shall be substituted.

Rule - 30. Amendment of Rule 62.

In Rule 62 of the said rules.

(1)     in sub-rule (5), for the word "division", the word "ward" shall be substituted.

(2)     in sub-rule (8), after clause (a), the following clause shall be inserted, namely.

"(aa) if no vote is recorded thereon; or"

(3)     in sub-rule (12), for the word "division", the word "ward" shall be substituted.

Rule - 31. Amendment of Rule 64.

In Rule 64 of the said rules.

(1)     in sub-rule (1).

(i)       for the word "Commissioner", the words "State Election Commission" shall be substituted; -

(ii)      for the word "division", the word "ward" shall be substituted.

(2)     in sub-rule (7), for the word "division", the word "ward" shall be substituted.

Rule - 32. Amendment of Rule 66.

In Rule 66 of the said rules, in sub-rule (2), for the words "if such", the words "After such" shall be substituted.

Rule - 33. Amendment of Rule 68.

In Rule 68 of the said rules, for clauses (a), (b) and (c), the following clauses shall be substituted, namely.

"(a) declare in Form 24 the candidate to whom the largest number of valid votes has been given to be elected and send signed copies thereof to the Government, the State Election Commission and the Commissioner;

(b)   complete and certify the Returns of Election in Form 25 and send signed copies thereof to the Government, State Election Commission and the Commissioner".

Rule - 34. Amendment of Rule 82.

In Rule 82 of the said rules, in sub-rule (1), for the word "Commissioner", the words "State Election Commission" shall be substituted.

Rule - 35. Amendment of Rule 83.

In Rule 83 of the said rules, in sub-rule (2), for the word "Government", the words "State Election Commission" shall be substituted.

Rule - 36. Amendment of Rule 84.

In Rule 84 of the said rules.

(1)     for the word "Government" in the two places where it occurs, the words "State Election Commission" shall be substituted;

(2)     in clause (a), for the words "placed at the disposal of the Commissioner", the words "destroyed in such manner as the State Election Commission may direct" shall be substituted;

(3)     in clause (b), in the proviso, for the words "approval of the Commissioner", the words "approval of the State Election Commission" shall be substituted.

Rule - 37. Amendment of Rule 85.

In Rule 85 of the said rules.

(1)     in sub-rule (4).

(a)      the words starting with "or in the case of election" and ending with the words "number of valid votes so polled" shall be omitted;

(b)      in the proviso, for the words "Scheduled Castes", the words "Backward Classes, Scheduled Castes" shall be substituted;

(2)     in sub-rule (5), for the word "division", the word "ward" shall be substituted.

Rule - 38. Insertion of new Rule 86-A.

After Rule 86 of the said rules, the following rule shall be inserted, namely.

"86-A. Report of casual vacancy in a Corporation.

When a casual vacancy occurs in the office of a Councillor, the Commissioner shall give notice of such vacancy within seven days from the date of its occurrence, to the State Election Commission. The State Election Commission shall thereupon take action in the manner provided in these rules for the election of a Councillor in such vacancy".

Rule - 39. Omission of Rules 87 to 89.

Rules 87, 88 and 89, of the said rules shall be omitted.

Rule - 40. Substitution of Rule 90.

For Rule 90 of the said rules, the following shall be substituted, namely.

"90. Manner of Serving the order of requisition of premises, vehicles, etc.

An order of requisition under Section 468-A shall be served.

(a)      where the person to whom such order is addressed is a corporation or firm, in the manner provided for, the service of summons in Rule 2 of Order XXIX or. Rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908); and

(b)      where the person to whom such order is addressed is an individual.

(i)       personally by delivering or tendering the order; or

(ii)      by registered post; or

(iii)     if the person cannot be found, by leaving an authentic copy of the order with any adult member of his family or by affixing such copy to some conspicuous part of the premises in which he is known to have last resided or carried on business or personally worked for gain".

Rule - 41. Substitution of the expression "Division and Divisions".

In the said rules, except Chapters III and IV, for the expression "division" and "divisions", wherever they occur, the expressions "ward" and "wards" shall respectively be substituted.

Rule - 42. Omission of Forms A to T.

Forms A to T of the said rules shall be omitted,

Rule - 43. Substitution of Forms 1 to 26.

For Forms 1 to 26 of the said rules, the following shall respectively be substituted, namely.

"FORM 1

FORM 1-A

FORM 2

FORM 3

FORM 4

FORM 5

FORM 6

FORM 7

FORM 8

FORM 9

FORM 10

FORM 11

FORM 12

FORM 12-A

FORM 13

FORM 14

FORM 15

FORM 16

FORM 16-A

FORM 16-B

FORM 16-C

FORM 17

FORM 18

FORM 19

FORM 20

FORM 21

FORM 22

FORM 23

FORM 24

FORM 25

FORM 26