CHAPTER 1 Preliminary (1)
These
rules may called the Karnataka Municipal Corporations (Election) Rules, 1979. (2)
They
shall come into force at once. In these rules, unless the context otherwise requires.- (a)
"Act"
means the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of
1977); (b)
[1]["Commissioner" means.- (i)
in
the case of the Corporation of the City of Bangalore, the Commissioner
appointed under Section 14 of the Karnataka Municipal Corporations Act, 1976
and includes a person appointed to act as Commissioner under Section 16 of the
Karnataka Municipal Corporations Act, 1976 ; (ii)
in
the case of other Corporations, the Deputy Commissioner of the concerned
Revenue District.] (c)
"Form"
means, a form appended to these rules; (d)
[2]["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 of the Negotiable Instruments Act,
1881 ; (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.] (i)
[3]["Section" means, section
of the Act. CHAPTER 1A Chapter 1A [x x x x x] CHAPTER 2 Conduct of Election of
Councillors (1)
[4]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.] (1)
The
electoral roll referred to in Section 23 of the Negotiable Instruments Act,
1881 for each [5][ward]
of the city shall be split into one or more parts [6][ward]
wherein the voters to be included in each part reside, so that the voters to be
included in each part belong to a named area, street or road within the [7][ward]
and the electoral roll so split up in respect of the several parts of the
2[ward] will together constitute the electoral roll for such [8][ward] (2)
A
copy of such electoral roll in respect of each [9][ward]
shall also be kept open for inspection in the office of the Corporation. (1)
For
every general election of the Councillors or for an election to fill a casual
vacancy the Commissioner shall designate or nominate one or more Returning
Officers who shall be officers of the State Government or of a local authority:
[10][x
x x x x.] [11][Provided] that if more than one
Returning Officer is nominated or designated the Commissioner shall specify the
[12][ward
or wards] for which each such officer is nominated or designated. (2)
The
Commissioner may in the same manner designate or nominate one or more Assistant
Returning Officers who shall be officers of the State Government or of a local
authority to assist the Returning Officer in the performance of his functions. (3)
Every
Assistant Returning Officer shall if so directed by the Returning Officer, be
competent to perform all or any of the functions of the Returning Officer. 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. The Returning Officer shall, in consultation with the
Commissioner, provide sufficient number of Polling Stations for each [13][ward]
and shall publish a list showing the Polling Stations so provided and the Polling
areas or groups of voters for which they have respectively been provided in
such manner as the [14][State
Election Commission] may direct. (1)
The
Commissioner shall appoint a Presiding Officer for each Polling Station and
such Polling Officer or officers as he thinks necessary. (2)
A
Polling Officer shall, if so directed by the Presiding Officer, perform all or
any of the functions of a Presiding Officer, under these rules. (3)
If
the Presiding Officer, owing to illness or other unavoidable cause, is obliged
to absent himself from the Polling Station, his functions shall be performed by
such Polling Officer as has been previously authorised by the Commissioner to
perform such functions during any such absence. It shall be the general duty of the Presiding Officer at a
Polling Station to keep order thereat and to see that the poll is fairly taken. It shall be the duty of the Polling Officers at a Polling
Station to assist the Presiding Officer for such station in the performance of
his functions. (1)
[15]The Commissioner shall with the
approval of the State Election Commission notify in Form 1 the intended
election referred to in Section 24 of the Negotiable Instruments Act, 1881 . (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
give a public notice of the intended election in (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 mat behalf by the Commissioner under sub-rule (2).] Any person may be nominated as a candidate to fill a seat in
any of the [16][wards]
of the city, if he is qualified to be chosen to fill that seat under the
provisions of the Act. (1)
On
or before the dateappointed under Rule 10 for making nominations, each
candidate shall either in person or by his proposer, between the hours of
eleven Oclock in me forenoon and three Oclock in the afternoon deliver to the
Returning Officer at the place specified in this behalf in the public notice
referred to in Rule 10, a nomination paper duly completed in Form 2 and signed
by the candidate and by an elector of the [17][ward]
as proposer: [18][Provided that no nomination paper
shall be delivered to the Returning Officer on a day which is a public
holiday.] (2)
In
a [19][ward]
wherein.- (a)
seat
is reserved for the Scheduled Castes, [20][Scheduled
Tribes or Backward Classes] a candidate shall not be deemed to be qualified to
be chosen to fill that seat unless his nomination paper contains a declaration
by him specifying the particular [21][class,
caste or tribe] of which he is a member and the said [22][class,
caste or tribe] is a [23][Backward
Class, Scheduled Caste or Scheduled Tribe]; (b)
seat
is reserved for women, the nomination paper shall contain a declaration that
the candidate is a woman. [24][(2A) 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.] (3)
Nothing
in the rule shall prevent any candidate from being nominated by more than one
nomination paper, provided that such nominations shall not exceed four. (4)
A
candidate shall not be deemed to be duly nominated for election from any [25][ward]
unless he deposits or causes to be deposited before the nomination paper is
delivered to the Returning Officer, a sum of [26][three
thousand rupees] or where the candidate is a member of a [27][Backward
Class or a Scheduled Caste] or a Scheduled Tribe or a woman a sum of [28][one
thousand five hundred rupees]: Provided that
where a candidate has been nominated by more than one nomination paper for
election in the same [ward], not more than one deposit shall be required of him
under this sub-rule. (5)
[29][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 The Returning Officer shall on receiving the nomination
paper under Rule 12, inform the person delivering the same of the date, time and
place fixed for scrutiny of nominations and shall enter on the nomination paper
its serial number and shall sign thereon a certificate stating the date on
which and the hour at which the nomination paper has been delivered to him; and
shall, as soon as may be thereafter, cause to be fixed in some conspicuous
place in his office a notice of the nomination in Form 3 containing
descriptions similar to those contained in the nomination paper both of the
candidate and of the proposer. (1)
On
the date fixed for scrutiny of nominations under Rule 10 the candidates, their
election agents, one proposer of each candidate and one other person duly
authorised in writing by each candidate, but no other person, may attend at
such time and place as the Returning Officer may appoint, and the Returning
Officer shall give them all reasonable facilities for examining the nomination
papers of all candidates which have been delivered within the time and in the
manner laid down in Rule 12. (2)
The
Returning Officer shall then examine the nomination papers and shall decide all
objections which may be made to any nomination and may, either on such
objection or on his own motion, after such summary enquiry as he thinks
necessary, reject any nomination on any of the following grounds, namely.- (a)
that
on the date fixed,for the scrutiny of nominations the candidate either is not
qualified or is disqualified for being chosen to fill the seat under the
provisions of the Act; (b)
that
there has been a failure to comply with any of the provisions of the act or
these rules; (c)
that
the signature of the candidate or the proposer on the nomination paper is not
genuine. [30][(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.] (3)
The
Returning Officer shall not reject any nomination paper on the ground of any
defect which is not of a substantial character. (4)
Returning
Officer shall hold the scrutiny on the date appointed in this behalf under Rule
10 and shall not allow any adjournment of the proceedings except when such
proceedings are interrupted by riot or open violence or by causes beyond his
control: Provided that in case an objection is raised by the
Returning Officer or is made by any other person, the candidate concerned may
be allowed time to rebut it not later than the next day, but one following the
date fixed for scrutiny and the Returning Officer shall record his decision on
the date to which the proceedings have been adjourned. (5)
The
Returning Officer shall endorse on each nomination paper his decision accepting
or rejecting the same and if the nomination paper is rejected, shall record in
writing a brief statement of his reasons for such rejection. (6)
Immediately
after all the nomination papers have been scrutinised and decision accepting or
rejecting the same have been recorded, the Returning Officer shall prepare a
list of validly nominated candidates in Form 4 that is to say candidates whose
nominations have been found valid, and affix it to his notice board. (7)
[31][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.] (1)
Any
candidate may withdraw his candidature by a notice in writing in Form 5 and
delivered before three O clock in the afternoon on the date fixed under Rule 10
to the Returning Officer either by such candidate in person or by his proposer
or election agent who has been authorised in this behalf in writing by such
candidate. (2)
On
receipt of such notice under sub-rule (1), the Returning Officer shall note
thereon the date and time at which it was delivered. (3)
No
person who has given notice of withdrawal of his candidature under sub-rule (1)
shall be allowed to cancel the said notice. (4)
The
Returning Officer shall on being satisfied as to the genuiness of a notice of
withdrawal and the identity of the person delivering it, cause the notice in
Form 6 to be affixed on the notice board of his office. (1)
Immediately
after the expiry of the period within which candidatures may be withdrawn under
Rule 10, the Returning Officer shall prepare and publish in Kannada language a
list of contesting candidates mat is to say candidates, who are included in the
list of validly nominated. Provided that, the[32]
[State Election Commission] may direct that in any election, the list of
contesting candidates may be prepared in a language other than Kannada. (2)
The
said list shall contain the names in Kannada alphabetical order and the address
of the contesting candidates as given in the nomination paper. (3)
Where
a poll becomes necessary the Returning Officer shall consider the choice of
symbols expressed by the contesting candidates in their nomination papers and
shall allot the symbols in accordance with Rule 18. (4)
The
allotment of any symbol to a candidate shall be final. (5)
Every
candidate or his election agent shall forthwith be informed of the symbol
allotted to the candidate and be supplied with a specimen thereof by the
Returning Officer. (6)
The
list of contesting candidates shall be in Form 7. [33]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. 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. The State Election Commission shall also publish by
notification a list of un-recognized political parties in the State of
Karnataka. (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 Explanation.-For 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 man 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
mere 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.-For 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 mat effect in his nomination paper; and (b)
a
notice in writing to that effect has been delivered to the Returning Officer
before 3 OClock in the afternoon on the last date [34][for
making nominations]; 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 me 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 partys (1)
The
Returning Officer shall immediately after the preparation of the list of
contesting candidates under Rule 16 cause a copy thereof to be affixed on the
notice board of his office. (2)
If
a poll becomes necessary the Returning Officer shall supply a copy of the list
of contesting candidates [35][and
specimen of the picture of the symbol allotted] to each such candidate or his
election agent. (1)
Subject
to Section 29 of the Negotiable Instruments Act, 1881 a candidate at an
election may appoint an election agent in Form 8 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 of the appointment. (2)
The
revocation of appointment of an election agent shall be made in Form 9. (3)
[36][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).] (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 10 and shall be made over to the Polling
Agent for production at the Polling Station. (3)
No
Polling Agent shall be admitted into any Polling Station unless he has
delivered to the Presiding Officer the instrument of his appointment under
sub-rule (2) after duly completing and signing before the Presiding Officer the
declaration contained therein. (4)
The
revocation of the appointment of a Polling Agent shall be in Form 11. (5)
In
the event of any such revocation 3[or death of an election agent] the candidate
or his election agent may, at any time before the poll is closed make a fresh
appointment in the manner specified in sub-rule (2). (1)
[37]At every election where a poll is
taken, 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. 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 tiling done. (1)
The
candidate or his election agent shall maintain the account of election expenses
under section 26A shall be in Form 11A, which shall ordinarily contain the
following particulars in respect of each item of expenditure from day to day,
namely:- (a)
date
on which the expenditure was incurred or authorised; (b)
the
nature of expenditure (as for example, traveling, postage or printing and the
like); (c)
the
amount of the expenditure with break up of, (i)
the
amount paid; (ii)
the
amount outstanding; and (iii)
date
of payment; (d)
the
name and address of the payee; (e)
the
serial number of vouchers, in case of amount paid; (f)
the
serial number of bills, if any, in case of amount outstanding; (g)
the
name and address of the person to whom the amount outstanding is payable. (2)
A
voucher shall be obtained for every item of expenditure unless from the nature
of the case, such as postage, travel by rail and the like, it is not
practicable to obtain a voucher. (3)
All
vouchers shall be lodged along with the account of election expenses, arranged
according to the date of payment and serially numbered by the candidate or his
election agent and such serial numbers shall be entered in the account under
item (e) of sub rule (1). (4)
It
shall not be necessary to give particulars mentioned in item (e) of sub-rule
(1) in regard to items of expenditure for which vouchers have not been obtained
under sub-rule (2). (5)
Every
Candidate shall make a declaration in Form 11B, while lodging his Statement of
expenditure before the Returning officer and the Returning officer shall
acknowledge the same in Form 11C. The Returning officer, shall within two days from the date
on which the account of election expenses has been lodged by a candidate under
section 26-B of the Act, cause a notice to be affixed on the notice board of
the office, specifying,- (a)
the
date on which the account has been lodged; (b)
the
name of candidate; and (c)
the
time and place at which such account can be inspected. (1)
As
soon as may be after the expiration of the time specified in section 26-B of
the Act for lodging of the accounts of election expenses at any election, the
returning officer shall report to the Election Commission,- (a)
the
name of each contesting candidate; (b)
whether
such candidate has lodged his account of election expenses and if so, the date
on which such account has been lodged; and (c)
whether
in his opinion such account has been lodged within the time and in the manner
required by the Act and these rules. (2)
Where
the returning officer is of the opinion, that the account of election expenses
of any candidate has not been lodged in the manner required by the Act under
these rules, he shall with every such report forward to the State Election
Commission the account of election expenses of that candidate and the vouchers
lodged along with it. (3)
Immediately
after the submission of the report referred to in sub-rule (2), the Returning
officer shall publish a copy thereof by affixing the same on the notice board. (4)
As
soon as may be after the receipt of the report referred to in sub-rule (2), the
State Election Commission shall consider the same and decide whether any
contesting candidate has failed to lodge the account of election expenses
within the time and in the manner required by the Act and these rules. (5)
Where
the State Election Commission decides that a contesting candidate has failed to
lodge his account of expenses within the time and in the manner required by the
Act under these rules, it shall by notice in writing call upon the candidate to
show cause why he should not be disqualified under section 26C of the Act for
such failure. (5)
Any
contesting candidate who has been called upon to show cause under sub-rule 5 may
within twenty days of the receipt of such notice submit in respect of the matter,
a representation in writing to the State Election Commission, and shall at the
same time send to the returning officer a copy of his representation together
with a complete account of his election expenses if he had not already
furnished such an account. (6)
The
Returning officer shall, within five days of the receipt thereof, forward to
the State Election Commission a copy of the representation and the account (if
any) with such comments as he deems fit, to make thereon. (1)
The
maximum limit of the expenditure that may be incurred by each candidate or his
election agent, in connection with the election, shall not exceed,- (a)
in
respect of Bruhat Bengaluru Mahanagara Palike rupees five lakhs; and (b)
in
respect of other City Corporations other than the Bruhat Bengaluru Mahanagara
Palike rupees three lakhs. 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. (1)
If
the number of contesting candidates is more than the number of seats to be
filled, a poll shall be taken. (2)
If
the number of such candidates is equal to the number of seats to be filled, the
Returning Officer shall forthwith declare all such candidates to be duly elected
to fill those seats in [38][Form
12 or Form 12-A as may be appropriate.] (3)
If
the number of such candidates is less than the number of seats to be filled in
that [39][ward],
the Returning Officer shall forthwith declare all such candidates to be duly
elected in [40][Form
12 or Form 12-A as may be appropriate] and the Commissioner shall [41][with
the approval of the State Election Commission] notification in the Official
Gazette call upon the [42][ward]
to elect a person or persons to fill the remaining seat or seats. (4)
[43][x x x x x.] [44][x x x x x] (1)
If
at an election the proceedings at any Polling Station are interrupted or
obstructed by any riot or open violence or if at an 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 Presiding Officer for such Polling Station or
the Returning Officer shall announce an adjournment of the poll to a date to be
notified later, and where the poll is adjourned by a Presiding Officer, he
shall forthwith inform the Returning Officer. (2)
Whenever
a poll is adjourned under sub-rule (1), the Returning Officer shall immediately
report the circumstances to the Commissioner [45][and
the State Election Commission] and shall, as soon as may be, with the previous [46][approval
of the State Election Commission] publish a notice appointing the day on which
the poll shall recommence and fix the Polling Station and the hours during
which, the poll shall be taken, and shall not count the votes cast at the
election of such [47][ward]
until such adjourned poll shall have been completed. (3)
[48][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).] (1)
[49]If the poll at any polling station
is adjourned under Rule 26 the provisions of rule 53, Rule 54, Rule 56 and Rule
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 R.29 of the Karnataka Municipal Corporations (Election) Rules,
1979, R.30 of the Karnataka Municipal Corporations (Election) Rules, 1979, R.31
of the Karnataka Municipal Corporations (Election) Rules, 1979, R.32 of the
Karnataka Municipal Corporations (Election) Rules, 1979, R.33 of the Karnataka
Municipal Corporations (Election) Rules, 1979, R.34 OF THE KARNATAKA MUNICIPAL
CORPORATIONS (ELECTION) RULES, 1979, and Rule 35 and Rule 44, Rule 45, Rule 46,
Rule 47, Rule 48, Rule 49, Rule 50, Rule 51, Rule 52, Rule 53, Rule 54, Rule
55, Rule 56 and Rule 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. (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 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 or 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.] These rules shall apply to every fresh poll under sub-rule
(2) as they apply to the original poll. At every election where a poll is taken votes shall be given
by ballot and all voters voting at an election shall do so in person at the
Polling Station and no votes shall be received by proxy. (1)
[50]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.] (2)
The
names of the candidates shall be arranged on the ballot paper 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. Every ballot box shall be of such design as may be approved
by [51][the
State Election Commission.] (1)
At
each Polling Station, there shall be set up one or more voting compartments in
which the electors can record their votes screened from observation. (2)
The
Returning Officer shall provide at each Polling Station a sufficient number of
ballot boxes, copies of the relevant part of the electoral roll, ballot papers,
instruments for stamping the distinguishing mark on the ballot papers and articles
necessary for electors to mark the ballot papers, and such other materials as
are necessary for the conduct of poll. The Presiding Officer shall regulate the number of electors
to be admitted at any one time inside the Polling Station and shall exclude
therefrom all persons other than.- (a)
Polling
Officers; (b)
public
servants on duty in connection with the election; (c)
candidates,
their election agents and one Polling Agent of each candidate; (d)
a
child in arms accompanying an elector; (e)
a
person accompanying a blind or infirm elector who cannot move without help; and (f)
such
other persons as the Returning Officer or the Presiding Officer may employ for
the purpose of election. (1)
Where
a Polling Station is both for men and women electors, the Presiding Officer may
direct that they shall be admitted into the Polling Station alternately in
separate batches. (2)
The
Returning Officer or the Presiding Officer may appoint a woman to serve as an
attendant at any Polling Station to assist women electors and also to assist
Presiding Officer generally in taking the poll in respect of women electors,
and in particular to help in searching any woman elector in case it becomes
necessary. (1)
The
Returning Officer or the Presiding Officer may employ at the Polling Station
such persons as he thinks fit to help in the identification of the electors or
to assist the Presiding Officer otherwise in taking the poll. (2)
As
each elector enters the Polling Station, the Presiding Officer or the Polling
Officer authorised by him in this behalf shall check the electors name and
other particulars with the relevant entry in the electoral roll and then call
out the serial number, name and other particulars of the elector. [xxx] The following persons shall subject to their fulfilling the
requirements hereinafter specified be entitled to vote by post, namely.- (a)
electors
subject to preventive detention. (1)
The
State Government shall within fifteen days of the calling of an election,
ascertain and intimate to the Returning Officer the names of electors if any,
subject to preventive detention together with their addresses and electoral
roll numbers and the particulars about their places of detention. (2)
Any
elector subjected to preventive detention, may within fifteen days of the
calling of an election send an intimation to the Returning Officer that he
wishes to vote by post specifying his name, address, electoral roll number and
place of detention. (3)
The
Returning Officer shall on receipt of such intimation issue a postal ballot
paper to every elector subjected to preventive detention whose name has been
intimated to him under sub-rule (1) or under sub-rule (2). Subject to rule 35 and Rule 37 the persons referred to in
Rule 36 who wish to vote by post in an election shall send an intimation in
Form 15 to the Returning Officer so as to reach him at least ten days before the
date of poll and on receipt of the intimation the Returning Officer shall issue
a postal ballot paper to him. The postal ballot paper shall be the same as that of the
other ballot paper issued to voters who are entitled to vote in person. Every Officer under whose care or through whom a postal
ballot paper is sent shall ensure its delivery to the addressee without delay. An elector who has received a postal ballot paper and
desires to vote shall record his vote on the ballot paper in accordance with
the directions contained in Part 1 of Form 16-C and then enclose it in the
cover in Form 16-B. (1)
After
an elector has recorded his vote and made his declaration, he shall return the
postal ballot paper and declaration to the Returning Officer in accordance with
the instructions communicated to him so as to reach the Returning Officer
before the hour fixed for commencement of counting of votes. (2)
If
any cover containing a postal ballot paper is received by the Returning Officer
after the expiry of the time-fixed in sub-rule (1) he shall note thereon the
day and time of its receipt and shall keep all such covers together in a
separate packet. (3)
The
Returning Officer shall keep in safe custody until the commencement of the
counting of votes the covers containing postal ballot papers received by him. (1)
Immediately
before the commencement of the poll, the Presiding Officer shall demonstrate to
the Polling Agents that the ballot box is empty and bears the labels referred
to in sub-rule (7). (2)
The
ballot box shall men be closed, sealed and secured and placed in full view of
the Presiding Officer and the Polling Agents. (3)
The
Presiding Officer shall thereafter fix the paper seal so signed in the space
meant therefor in the ballot box and shall then secure and seal the box in such
manner that the slit for the insertion of ballot paper thereinto remains open. (4)
The
seals used for securing a ballot box shall be affixed in such manner that after
the box has been closed it is not possible to open it without breaking the
seal. (5)
Where
it is not necessary to use paper seals for securing the ballot boxes, the
Presiding Officer shall secure and seal the ballot boxes in such manner that
the slit for the insertion of ballot papers remains open and shall allow the
polling agents present to affix, if they so desire, their seals. Immediately before the commencement of the poll the
Presiding Officer shall allow the Polling Agents and others present to inspect
the marked copy of the electoral roll to be used during the poll and supplied
by the Returning Officer. (1)
Any
Polling Agent may challenge the identity of a person claiming to be a
particular elector by first depositing a sum of two rupees in cash with the
Presiding Officer for each such challenge. (2)
If,
after the inquiry, the Presiding Officer considers that the challenge has not
been established, he shall allow the person challenged to vote and if he
considers that the challenge has been established, he shall debar the person
challenged from voting. (3)
If
the Presiding Officer is of the opinion that the challenge is frivolous or has
not been made in good faith, he shall direct that the deposit made under
sub-rule (1) be forfeited to Government and in any other case he shall return
it to the challenger at the conclusion of the inquiry. (1)
Every
elector about whose identity the Presiding Officer or the Polling Officer, as
the case may be, is satisfied, shall allow his left forefinger to be inspected
by the Presiding Officer or polling officer and an indelible ink mark to be put
on it as far as possible just below the root of the nail so that the ink also
spreads on the ridge between the skin and the root of the nail. (2)
If
any elector 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 remove 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 an elector shall, in the case
where the elector 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 if his right hand, and shall in the case where
all his fingers of both the hands are missing be construed as a reference to
such extremity of his left or right arm as he possesses. (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 marks as the
State Election Commission may direct, and every ballot paper, before it is
issued shall be signed in full on its back by the Presiding Officer. (2)
No
person in the Polling Station shall note down the serial numbers of the ballot
papers issued to particular electors. (1)
No
elector shall be allowed to enter a voting compartment when another elector is
inside it. (2)
If
an elector to whom a ballot paper has been issued, refuses, after warning given
by the Presiding Officer, to observe the procedure as laid down in sub-rule
(2), the ballot paper issued to him shall, whether he has recorded his vote
thereon or not, be taken back from him by the Presiding Officer or a polling
officer under the direction of the Presiding Officer. (3)
After
the ballot paper has been taken back the Presiding Officer shall record on its
back the words "cancelled; voting procedure violated" and put his
signature below those words. (4)
All
the ballot papers on which the words "cancelled; voting procedure
violated" are recorded, shall be kept in a separate cover which shall bear
on its face the words "ballot papers; voting procedure violated". (5)
Without
prejudice to any other penalty to which an elector from whom a ballot paper has
been taken under sub-rule (5) may be liable, the vote, if any, recorded on such
ballot paper shall not be counted, The Presiding Officer shall keep a record in Form 18 of all
cases under this rule. (1)
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 19. (2)
A
tendered ballot paper shall be the same as the other ballot papers used at the
polling except that.- (a) such tendered ballot paper shall be serially the last
in the bundle of ballot papers issued for use at the Polling Station; and (b)
such tendered ballot paper and its counterfoil shall be endorsed on the back
with the words "tendered ballot paper" by the Presiding Officer in
his own hand and signed by him. (3)
The
elector, after marking 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. 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)
As
soon as practicable after the closing of the poll, the Presiding Officer 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 to affix his seal. (2)
The
ballot box shall thereafter be sealed and secured. (3)
Where
it becomes necessary to use a second box by reason of the first ballot box getting
full, the first ballot box shall be closed, sealed and secured as provided in
sub-rules (1) and (2) before any other ballot box is put into use. (1)
The
Presiding Officer shall at the close of the poll prepare a ballot paper account
in Form 20 and enclose it in a separate cover with the words "Ballot Paper
Account" superscribed thereon. (2)
The
Presiding Officer shall furnish to every polling agent present at the close of
the poll a true copy of the entries made in the ballot paper account after
obtaining a receipt from the said polling agent therefor and shall also attest
it as a true copy. (1)
An
elector who has inadvertently dealt with his ballot paper in such manner that
it cannot be conveniently used as a ballot paper may on returning it to the
Presiding Officer and on satisfying him of the inadvertence be given another
ballot paper and the ballot paper so returned and the counterfoil of such
ballot paper shall be marked "Spoilt : Cancelled" by the Presiding
Officer. (2)
If
an elector after obtaining a ballot paper decides not to use it, he shall
return it to the Presiding Officer, and the ballot paper so returned and the
counterfoil of such ballot paper shall be marked as "Returned :
Cancelled" by the Presiding Officer. (3)
All
ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a
separate packet. The Returning Officer shall make adequate arrangements for
the safe transport of all ballot boxes, packets and other papers and for their
safe custody until the commencement of the counting of votes. (1)
Every
such appointment shall be made in Form 21 and a copy thereof shall be forwarded
to the Returning Officer, another copy shall be made over to the counting agent
for production before the Returning Officer not later than one hour before the
time fixed for counting of votes. (2)
No
counting agent shall be admitted into the place fixed for counting unless he
has delivered to the Returning Officer, the second copy of his appointment
under sub-rule (2) after duly completing and signing the declaration contained
therein and receiving from the Returning Officer an authority for entry into
the place fixed for counting. (3)
The
revocation of an appointment of a counting agent shall be made in Form 22
lodged with the Returning Officer. (4)
In
the event of any such revocation before the commencement of the counting of
votes, the candidate or his election agent may make a fresh appointment in
accordance with sub-rule (2). The Returning Officer shall at least once a week before the
date fixed for the poll appoint a place or places where the counting of votes
will be done and the date and time at which the counting will commence and
shall give notice of the same in writing to each candidate or his election
agent: Provided that if for any reason the Returning Officer finds it necessary
so to do, he may alter the date, time and place or places so fixed or any of
them after giving notice of the same in writing to each candidate or his
election agent. (1)
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). (2)
The
Returning Officer shall decide which counting agent or agents shall watch the
counting at any particular counting table or group of counting tables. (3)
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 S.44 of the Representation of the People
Act, 1959 to such persons as may be present. (1)
The
Returning Officer shall first deal with postal ballot papers in the manner
hereinafter provided. (2)
No
cover in Form 16-B received by the Returning Officer after the expiry of the
time fixed in this 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 16 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
papers as entered in it differs from the serial number endorsed on the cover in
Form 16-A, that cover shall not be opened and after making an appropriate endorsement
thereon the Returning Officer shall reject the ballot paper therein contained. (5)
The
Returning Officer shall then place all the declarations in Form 16 which he has
found to be in order in a separate packet which shall be sealed before any
cover in Form 17-A is opened and on which shall be recorded the particulars
referred to in sub-rule (5). (6)
The
covers in Form 16-A 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)
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. (9)
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. (10)
The
Returning Officer shall count all the valid votes given by postal ballot in
favour of each candidate, record the total thereof in me. result sheet in Form
23 and announce the same. (1)
Discrepancy,
if any, between the total number of such ballot papers recorded as aforesaid
and the total number of ballot papers issued to voters as shown in item 3 of
Part I of the said Form 20 minus the number of ballot papers cancelled as shown
in item 4 and the number of ballot papers used as tendered ballot papers as
shown in item 5 of that Part, shall also be recorded in Part II of Form 20. (2)
Before
any ballot box is opened at a counting table, the counting agents present at
that table shall be allowed to inspect the paper seal or such other seal as
might have been affixed thereon and to satisfy themselves that it is intact. (3)
The
Returning Officer shall satisfy himself that none of the ballot boxes has in
fact been tampered with. (1)
Before
rejecting any ballot paper under sub-rule (2) the Returning Officer shall allow
each counting agent present a reasonable opportunity to inspect the ballot
paper but shall not allow him to handle it or any other ballot paper. (2)
The
Returning Officer 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. (3)
All
ballot papers rejected under this rule shall be bundled together. The Returning Officer shall as far as practicable proceed
continuously with the counting and shall during any intervals when the counting
has to be suspended keep the ballot papers, packets and all other papers
relating to the election agents as may desire to affix their seals and take
sufficient precaution for their safe custody during such intervals. (1)
After
the completion of the counting, the Returning Officer shall record in the
result sheet in Form 23 the total number of votes polled by each candidate and
announce the same. (2)
On
such an application being made the Returning Officer shall decide the matter
and may allow the application in whole or in part or may reject it in toto if
it appears to him to be frivolous or unreasonable. (3)
Every
decision of the Returning Officer under sub-rule (3) shall be in writing and
contain the reasons therefor. The valid ballot papers and the rejected ballot papers shall
thereafter be bundled separately and the several bundles made into a separate
packet which shall be sealed with the seals of the Returning Officer and of
such of the candidates their election agents or counting agents as may desire
to affix their seals thereon: and on the packets so sealed shall be recorded
the following particulars, namely.- (a)
the
date of counting. (a)
The
Returning Officer shall, subject to the provisions of S.30 of the
Representation of the People Act, 1959 if and so far as they apply to any
particular case then. (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.] As soon as may be after a candidate has been declared by the
Returning Officer under the provisions of Rule 24 and Rule 68 to be elected,
the Returning Officer shall grant to such candidate a certificate of election
in Form 26 and obtain from the candidate an acknowledgment of its receipt duly
signed by him and immediately send the acknowledgment to the Commissioner. Every election petition under S.33 of the Representation of
the People Act, 1959 shall be accompanied by a deposit of two hundred rupees as
security for costs. CHAPTER 2A VOTING BY ELECTRONIC
VOTING MACHINES (1)
The
provisions of this Chapter shall apply wherever electronic voting machine is
used in during the conduct of elections. (2)
Every
electronic voting machine (hereinafter referred to as the voting machine) shall
comprises of two units, there shall be a control unit and a balloting unit and
shall be of such designs as may be approved by the State Election Commission. (1)
The
balloting unit of the voting machine shall contain such particulars in Kannada
language or languages as the State Election Commission may specify. (2)
The
names of the candidates shall be arranged on the balloting unit 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 fathers name or residence or in some other manner. (4)
Subject
to the foregoing provisions of this rule, the returning officer shall,- (a)
fix
the label, containing the names and symbol of the contesting candidates in the
balloting unit and secure that unit with his seal and the seals of such of the
contesting candidates or their election agents present as are desirous of
affixing the same. (b)
set
the number of contesting candidates and close the candidate set section in the
control unit and secure it with his seal and seals of such of the contesting
candidates or their election agents present as are desirous of affixing the
same. (1)
Outside
each polling station there shall be displayed prominently- (a)
a
notice specifying the polling area, the electors of which are entitled to vote
at the polling station and, when the polling area has more than one polling
station, the particulars of the electors so entitled: and (b)
a
copy of the list of contesting candidates. (2)
At
each polling station there shall be set up one or more voting compartments in
which the electors can record their votes free from observation. (3)
The
returning officer shall provide at each polling station one voting machine and
copies of relevant part of the electoral roll and such other election material
as may be necessary for taking the poll. (4)
Without
prejudice to the provisions of sub-rule (3), the returning officer may, with
the previous approval of the State Election Commission, provide one common
voting machine for two or more polling stations located in the same premises. The presiding officer shall regulate the number of electors,
to be admitted at any one time inside the polling station and shall exclude
there from all persons other than (a)
polling
officers; (b)
public
servants on duty in connection with the election; (c)
persons
authorised by the State Election Commission (d)
candidates,
their election agents and subject to the provisions of Rule 21, one polling
agent of each candidate; (e)
a
child in arms accompanying an elector; (f)
a
person accompanying a blind or infirm elector, who cannot move without help,
and, (g)
such
other person as the returning officer or the presiding officer may employ under
sub-rule (2) of rule 70G or sub-rule (1) of 70H. (1)
The
control unit and balloting unit of every voting machine used at polling station
shall bear a label marked with- (a)
the
serial number, if any, and the name of the constituency; (b)
the
serial number and name of the polling station or stations as the case may be; (c)
the
serial number of the unit; and (d)
the
date of poll. (2)
Immediately
before the commencement of the poll, the presiding officer shall demonstrate to
the polling agents and other persons present that no vote has been already
recorded in the voting machine and it bears the paper seal referred to in
sub-rule (4). (3)
A
paper seal shall be used for securing the control unit of the voting machine,
and the presiding officer shall affix his own signature on paper seal and
obtain thereon the signature of such of the polling agents as are desirous of
affixing the same. (4)
The
presiding officer shall thereafter fix the paper seal so signed in the space
meant there for in the control unit of the voting machine and shall secure and
seal the same. (5)
The
seal used for securing the control unit shall be fixed in such manner that
after the unit has been sealed, it is not possible to press the "result
button" without breaking the seal. (6)
The
control unit shall be closed and secured and placed in full view of the
presiding officer and the polling agents and the balloting unit placed in the
voting compartment. (a)
any
entry other than that made in pursuance of rule 38; and (b)
any
mark other than the mark made in pursuance of clause (b) of sub rule (2) of
rule 40. (1)
Where
a polling station is for both men and women electors, the presiding officer may
direct that they shall be admitted to the polling station alternatively in
separate batches. (2)
The
returning officer or the presiding officer may appoint a woman to serve as an
attendant at any polling station to assist women electors and also to assist
the presiding officer generally in taking the poll in respect of woman
electors, and in particular, to help frisking any woman elector in case it
becomes necessary. (1)
The
presiding officer may employ at the polling station such persons as he thinks
fit to help in the identification of the electors or to assist him otherwise in
taking the poll. (2)
As
each elector enters the polling station, the presiding officer or the polling
officer authorized by him in this behalf shall check the electors name and
other particulars with the relevant entry in the electoral roll and then call
out the serial number, name and other particulars of the elector. (3)
Where
the polling station is situated in a ward electors of which have been supplied
with identity cards under the provisions of the Registration of Electors Rules,
1960 made under the Representation of People Act, 1950, (Central Act 43 of
1950) the elector shall produce his identity card before the presiding officer
or the polling officer authorized by him in this behalf. (4)
In
deciding the right of a person to cast his vote, the presiding officer or the
polling officer, as the case may be, shall over-look merely clerical or
printing errors in any entry in the electoral roll if he is satisfied that such
person is identical with the elector to whom such entry relates. (1)
The
provisions of rule 70H shall not apply to any person who produces at the
polling station an election duty certificate in Form 14 and seeks permission to
cast his vote at that polling station although it is different from the one
where he is entitled to vote. (2)
On
production of such certificate, the presiding officer shall,- (a)
obtain
thereon, the signature of the person producing it; (b)
have
the persons name and electoral roll number as mentioned in the certificate
entered at the end of the marked copy of the electoral roll; and (c)
permit
him to cast his vote in the same manner as an elector is entitled to vote at
that polling station. (1)
Any
polling agent may challenge the identity of a person claiming to be a
particular elector by first depositing a sum of Two rupees in cash with the
presiding officer for each such challenge. (2)
On
such deposit being made, the presiding officer shall,- (a)
warn
the persons challenged of the penalty for personation; (b)
read
the relevant entry in the electoral roll in full and ask him whether he is the
person referred to in that entry; (c)
enter
his name and address in the list of challenged votes in Form 17; and (d)
require
him to affix his signature in the said list. (3)
The
presiding officer shall thereafter hold a summary inquiry into the challenge
and may for that purpose,- (a)
require
the challenger to adduce evidence in proof of the challenge and the person
challenged to adduce evidence of proof of his identity. (b)
put
to the person challenged any questions necessary for the purpose of
establishing his identity and require him to answer them on oath; and (c)
administer
an oath to the person challenged and any other person offering to give
evidence. (4)
If,
after the inquiry, the presiding officer considers that the challenge has not
been established he shall allow the person challenged to vote; and if he
considers that the challenge has been established, he shall debar the person
challenged from voting. (5)
If
the presiding officer is of the opinion that the challenge is frivolous or has
not been made in good faith, he shall direct that the deposit made under
sub-rule (1) be forfeited to Government and in any other case, returned to the
challenger at the conclusion of the inquiry. (1)
Every
elector about whose identity the presiding officer or the polling officer, as
the case may be, is satisfied, shall allow his left forefinger to be inspected
by the presiding officer or the polling officer and an indelible ink mark to be
put on it. (2)
If
any elector- (a)
refuse
to allow his left forefinger to be inspected or marked in accordance with
sub-rule (1) or has already such a mark on his left forefinger or does any act
with a view to removing the ink mark, or (b)
fails
or refuses to produce his identity card as required by sub-rule (3) of rule 70H
he shall not be allowed to vote. (3)
Where
a poll is taken simultaneously in a Parliamentary Constituency and or Assembly
Constituency and a ward, an elector whose left finger has been marked with
indelible ink or who has produced his identity card at one such election, shall
not withstanding anything contained in sub-rules (1) and (2) be permitted to
cast his vote for the other election. (4)
Any
reference in this rule to the left forefinger of an elector shall, in the case
where the elector 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 a reference to
such extremity of his left or right arm as he possesses. (1)
Before
permitting an elector to vote, the polling officer shall,- (a)
record
the electoral roll number of the elector as entered in the marked copy of the
electoral roll in a register of voters in form 27. (b)
obtain
the signature or the thumb impression of an elector on the said register of
voters; and (c)
mark
the name of the elector in the marked copy of the electoral roll to indicate
that he has been allowed to vote: Provided that no elector shall be allowed to vote unless he
has put his signature or thumb impression on the register of voters. (2)
Notwithstanding
anything contained in sub-rule (1), it shall be necessary for any presiding
officer or polling officer or any other officer to attest the thumb impression
of the elector on the register of voters. (1)
Every
elector who has been permitted to vote under rule 70L shall maintain secrecy of
voting within the polling station and for that purpose observe the voting
procedure hereinafter laid down. (2)
Immediately
on being permitted to vote the elector shall proceed to the presiding officer
or the polling officer in charge of the control unit of the voting machine who
shall, by pressing the appropriate button on the control unit, activate the
balloting unit; for recording of electors vote. (3)
The
elector shall thereafter forthwith- (a)
proceed
to voting compartment; (b)
record
his or her vote by pressing the button on the balloting unit against the name
and symbol of the candidate for whom he or she intends to vote; and (c)
come
out of the voting compartment and leave the polling station. (4)
Every
elector shall vote without undue delay. (5)
No
elector shall be allowed to enter the voting compartment when another elector
is inside it. (6)
If
an elector who has been permitted to vote under 70L or 70P refuses after
warning given by the presiding officer to observe the procedure laid down in
sub-rule (3), the presiding officer or a polling officer under the direction of
the presiding officer shall not allow such elector to vote. (7)
Where
an elector is not allowed to vote under sub-rule (6), a remark to the effect
that voting procedure has been violated shall be made against the electors name
in the register of voters in Form 27 by the presiding officer under his
signature. (1)
If
the presiding officer is satisfied that owing to the blindness or other
physical infirmities an elector is unable to recognize the symbol on the
balloting unit of the voting machine or unable to record his or her vote by
pressing the appropriate button thereon without assistance, the presiding
officer shall permit the elector to take with him or her a companion of his not
less than eighteen years of age to the voting compartment for recording the
vote on his behalf and in accordance with his wishes: Provided that no person shall be permitted to act as the
companion of more than one elector at any polling station on the same day: Provided further that before any person is permitted to act
as the companion of an elector on any day under this rule that person shall be
required to declare that he will keep secret the vote recorded by him on behalf
of the elector and that he has not already acted as the companion of any other
elector at any other polling station on that day. (2)
The
presiding officer shall keep a record in Form 18 of all cases under this rule. If an elector, after his electoral roll number has been duly
entered in the register of voters in Form 27 and has put his signature or thumb
impression thereon as required under sub-rule (1) of rule 70L, decides not to
record his or her vote, a remark to this effect shall be made against the said
entry in Form 27 by the presiding officer and the signature or thumb impression
of the elector shall be obtained against such remark. (1)
If
a person representing himself to be a particular elector seeks to vote after
another person has already voted as such elector, he shall, on satisfactorily
answering such questions relating to his identity as the presiding officer may
ask, be instead of being allowed to vote through the balloting unit, supplied
with a tendered ballot paper, which shall be of such design, and the
particulars of which shall be in kannada or languages as the State Election
Commission may specify. (2)
Every
such elector shall before being supplied with tendered ballot paper write his
or her name against the entry relating to him or her in Form 19A (3)
Every
voter receiving the ballot paper shall forthwith,- (a)
proceed
to the voting compartment; (b)
record
there his or her vote on the ballot paper by placing a cross mark X with the
instrument or article supplied for the purpose on or near the symbol of the
candidate for whom he intends to vote; (c)
fold
the ballot paper so as to conceal his vote; (d)
show
to the presiding officer, if required, the distinguishing mark on the balloting
paper; (e)
give
it to the presiding officer who shall place it in a cover specially kept for
the purpose; and (f)
leave
the polling station. (4)
If
owing to blindness or physical infirmities, such elector is unable to record
his vote without assistance, the presiding officer shall permit him to take
with him a companion, subject to the same condition and for following the same
procedure as laid down in rule 70 N for recording the vote in accordance with
his wishes. (1)
The
presiding officer may whenever he considers it necessary so to do, enter the
voting compartment during poll and take such steps as may be necessary to
ensure that the balloting unit is not tampered or interfered with in any way. (2)
If
the presiding officer has reason to suspect that an elector who has entered the
voting compartment is tampering or otherwise interfering with the balloting
unit has remained inside the voting compartment for unduly long period, he
shall enter the voting compartment and take such steps as may be necessary to
ensure the smooth and orderly progress of the poll. (3)
Whenever
the presiding officer enters the voting compartment under this rule, he shall
permit the polling agents present to accompany him if they so desire. (1)
The
presiding officer shall close a polling station at the hour fixed in that
behalf under rule10 read with rule 52 and shall not thereafter admit any
elector into the polling station. Provided that all the electors present at the polling
station before it is closed shall be allowed to cast their votes. (2)
If
any question arises whether an elector was present at the polling station
before it was closed it shall be decided by the presiding officer and his
decision shall be final. (1)
The
presiding officer shall at the close of the poll prepare an account of votes
recorded in Form 20(EVM) and enclose it in a separate cover with the words
"Account of Votes Recorded" super scribed thereon. (2)
The
presiding officer shall furnish to every polling agent present at the close of
the poll a true copy of the entries made in Form 20(EVM) after obtaining
receipt from the said polling agent there for and shall attest it as a true
copy. (1)
As
soon as practicable after the closing of the poll, the presiding officer shall
close the control unit to ensure that no further votes can be recorded and
shall detach the balloting unit from the control unit; (2)
The
control unit and the balloting shall thereafter be sealed, and secured
separately in such manner as the State Election Commission may direct and the
seal used for securing them shall be so affixed that it will not be possible to
open the units without breaking the seals. (3)
The
Polling agents present at the polling station, who desire to affix their seals
shall also be permitted to do so. (1)
The
presiding officer shall then make into separate packet,- (a)
the
marked copy of the electoral roll; (b)
the
register of voters in Form 27; (c)
the
cover containing the tendered ballot papers and the list in Form 19A; (d)
the
list of challenged votes; and (e)
any
other papers directed by the State Election Commission to be kept in a sealed
packet. (2)
Each
packet shall be sealed with the seal of the presiding officer and with the seal
either of the candidate or his election agent or his polling agent who may be
present at the polling station and may desire to affix his seal thereon. (1)
The
presiding officer shall then deliver or cause to be delivered to the returning
officer at such place, as the returning officer may direct.- (a)
the
voting machine; (b)
the
account of votes recorded in Form 20(EVM). (c)
the
sealed packets referred to in Rule 70U. (d)
all
other papers used at the poll. (2)
The
returning officer shall make adequate arrangements for the safe transport of
the voting machine, packets and other papers for the safe custody until the commencement
of the counting of votes. (1)
If
the poll at any polling station is adjourned under rule 26, provision of rules
70S to 70V shall, as far as practicable, apply as if the poll was closed at the
hour fixed in that behalf under rule 52. (2)
When
an adjourned poll is recommended under rule 26A 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, register of voters in Form 27 and a new voting
machine. (4)
The
presiding officer shall open the sealed packet in the presence of the polling
agents present and use the marked copy of the electoral roll for marking the
names of the electors who are allowed to vote at the adjourned poll. (5)
The
provisions of rule 2 and rule 70A to 70V shall apply in relation to the conduct
of an adjourned poll before it was so adjourned. (1)
The
returning officer may have the control units of the voting machines used at
more than one polling station taken up for scrutiny and inspection and votes
recorded in such units counted simultaneously. (2)
Before
the votes recorded in any control unit of voting machine are counted under
sub-rule (1), the candidate or his election agent or his counting agent present
at the counting table shall be allowed to inspect the paper seal and such other
vital seals as might have been affixed on the unit and to satisfy themselves
that the seals are intact. (3)
The
returning officer shall satisfy himself that none of the voting machines has in
fact been tampered with. (4)
If
the returning officer is satisfied that any voting machine has in fact been
tampered with, he shall not count the votes recorded in that machine and shall
follow the procedure laid down in rule 26B or rule 27 as may be applicable in
respect of the polling station or stations where that machine was used. (1)
After
the returning officer is satisfied that a voting machine has in fact not been
tampered with, he shall have the votes recorded therein counted by pressing the
appropriate button marked "Result" provided in the control unit
whereby the total votes polled and votes polled by each candidate shall be displayed
in respect of each such candidate on the display panel provided for the purpose
in the unit. (2)
As
the votes polled by each candidate are displayed on the control unit, the
returning officer shall have,- (a)
the
number of such votes recorded separately in respect of each candidate in
Part-II of Form 20(EVM). (b)
Part-II
of Form 20(EVM) completed in other respects and signed by the counting
supervisor and also by the candidates or their election agents or their
counting agents present; and (c)
Corresponding
entries made in a result sheet in Form 23 (EVM) and the particulars so entered
in the result sheet announced. (1)
After
the result of voting recorded in a control unit has been ascertained
candidatewise and entered in Part II of Form 20(EVM) and Form 23(EVM) under
Rule 62(11), 64(7) and 66(1)(5)(6) the returning officer shall reseal the unit
with his seal and the seals of such of the candidates or their election agents
present who may desire to affix the seals thereon so however that the result of
voting recorded in the unit is not obliterated and the unit retains the memory
of such result. (2)
The
controlling unit so sealed shall be kept in specially prepared boxes on which
the returning officer shall record the following particulars, namely:- (a)
the
name of the ward (b)
the
particulars of the polling station or stations where the control unit has been
used; (c)
serial
number of the control unit; (d)
date
of poll; and (e)
date
of counting; (3)
the
provisions of rules 65 to 67 shall, so far as may be, apply in relating to
voting by voting machines and any reference in those rules to.- (a)
ballot
paper shall be construed as including a reference to such voting machine; (b)
any
rule shall be construed as a reference to the corresponding rule in Chapter-II
or, as the case may be, to rule 70XB or 70XC. (1)
All
voting machines used at an election shall be kept in such custody as the
commissioner, State Election Commission, Karnataka may direct. (1A) All voting machines used at an
election shall be kept in the custody of the concerned district election
officer. (2)
The
district election officer shall keep in safe custody,- (a)
the
packets of unused postal ballot papers with counter foils attached thereto; (b)
the
packets of used postal ballot papers whether valid, tendered or rejected; (c)
the
packets of counter foils of used postal ballot papers; (d)
the
packets of the marked copy of the electoral roll or, as the case may be; (e)
the
packets containing register of voters in Form 27, including voters slip; (f)
the
packets of the declarations by electors and the attestation of their
signatures. CHAPTER 3 Election of Mayor, Deputy
Mayor, Members of the Standing Committee and Chairman of the Standing Committee [52]The first meeting of the Corporation
after every general election shall be presided over by the Divisional
Commissioner of the concerned revenue division (hereinafter referred to as the
Presiding Officer) for the purpose of electing the Mayor and Deputy Mayor. Not less than two hours before the time fixed for the
meeting for the election of Mayor any Councillor may nominate another
Councillor referred to in clause (a) sub-section (1) of Section 7 of the
Negotiable Instruments Act, 1881 for being elected as Mayor, be delivering to
the Presiding Officer a nomination paper completed in Form 27. No Councillor shall nominate under Rule 72 more than one candidate
for the office of the Mayor: Provided that if a Councillor has nominated more than one
candidate for the office of the Mayor, the nomination which is received first
by the Presiding Officer shall be considered for scrutiny. After the commencement of the meeting, the Presiding Officer
shall scrutinise all the nomination papers delivered to him under Rule 72 and
shall read out to the Councillors present at such meeting, the names of the
Councillors who in his opinion have been duly nominated together with those of
the proposers. (1)
The
notice may be given either by the candidate in person or by his proposer who
had been authorised in this behalf in writing by the candidate. (2)
No
person who has given a notice of withdrawal of his candidature under sub-rule
(1) shall be allowed to cancel the notice of withdrawal. (3)
The
Presiding Officer shall, on being satisfied as to the genuineness of notice of
withdrawal and the identity of the person delivering it under sub-rule (2) read
out to the Councillors present at such meeting the names of the persons
withdrawing their candidature. (1)
After
the time fixed for withdrawal is over, if there is only one candidate who has
been validly nominated, and had not withdrawn his candidature in the manner and
within the time specified, the Presiding Officer shall forthwith declare such
candidate to be duly elected as Mayor. (2)
If
the number of candidates who have been validly nominated and who have not
withdrawn their candidature are more than one, then the Presiding Officer shall
proceed to conduct the election as hereinafter provided. (3)
Votes
shall be taken by show of hands and the Councillors voting for and against any
candidate shall record their votes in the Proceedings register, by signing it
or by affixing the left hand thumb impression at the appropriate column. (4)
Any
member present at the meeting may refrain from voting if he so chooses. (5)
After
voting by all the Councillors, present and wishing to vote, the Presiding
Officer shall declare that the candidate to whom the highest number of valid
votes have been given has been duly elected. (6)
When
an equality of valid votes is found to exist between any two or more candidates
and the addition of one vote will entitle any of those candidates to be
declared elected, the Presiding Officer shall 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 has received an additional vote. He shall
thereafter declare the candidate on whom the lot falls to have been duly
elected. (1)
After
the election of the Mayor the Presiding Officer shall proceed to conduct the
election of the Deputy Mayor. (2)
The
provisions of the rules applicable to election of the Mayor in this chapter
shall mutatis mutandis apply to the election of Deputy Mayor. (1)
[53]The Offices of Mayor and Deputy
Mayor of the Corporation reserved for Backward Classes and those of unreserved
category shall be allotted by the Government to Corporations taking into
consideration such factors as the Government, may deem fit. (2)
The
offices of the Mayor and Deputy Mayor in the City Corporations of the State to
Scheduled Caste/Scheduled Tribes/Women, and Backward Classes for the subsequent
terms be determined by the Government from time to time by taking into consideration
such factors as deem fit: Provided that if the reservation worked out to any
category is less than 0.5%, then no offices of Mayor and Deputy Mayor be
reserved to such category. After the election of the Deputy Mayor the Presiding Officer
shall proceed to conduct the election of the members of the standing committees
in accordance with sub-section (2) of S.11 of the Representation of the People
Act, 1959. (1)
The
members of a standing committee shall at its first meeting elect one of its
members as Chairman. (2)
The
Mayor who is an ex officio member of the standing committees shall preside over
the meeting of the standing committees for the purpose of electing Chairman
thereof. Immediately after the meeting the Presiding Officer shall.- (a)
prepare
a record of the proceedings of the meeting and attest with his initials every
correction made therein. He may also permit any Councillor present at the
meeting to affix his signature to such record if he expresses to do so; (b)
forward
the name of the person elected as Mayor and Deputy Mayor to the State
Government for publication in the Official Gazette. CHAPTER 4 Election petitions
challenging the validity of the election of the Mayor/Deputy Mayor/Members of
the Standing Committee/Chairman of the Standing Committee (1)
Every
petition under sub-rule (1), shall be accompanied by as many copies as there
are respondents mentioned in the petition and every such copy shall be attested
by the petitioner under his own signature to be a true copy of the petition. (2)
The
petitioner shall join as respondents to his petition where the petitioner in
addition to claiming a declaration that the election of the returned candidate
is void claims a further declaration that he himself or any other candidate has
been duly elected, all the contesting candidates other than the petitioner and
where no such further declaration is claimed, the returned candidate. (a)
dismissing
the petition; or (b)
declaring
the election of the returned candidate to be void; or (c)
declaring
the election of the returned candidate to be void and the petitioner or any
other candidate to have been duly elected. (a)
If
the District Judge is of opinion. (b)
that
the nomination of any candidate has been wrongly rejected or that the
nomination of the successful candidate or of any other candidate who has not
withdrawn his candidature has been wrongly accepted; the District Judge shall
declare the election of the returned candidate to be void. Provided that the petitioner or such other candidate shall
not be declared to be duly elected if it is proved that the election of such
candidate would have been void, if he had been the returned candidate and a
petition had been presented calling in question his election, CHAPTER 5 Election petitions
challenging the validity of the election of the Mayor/Deputy Mayor/Members of
the Standing Committee/Chairman of the Standing Committee The provisions for the election of Councillors shall mutatis
mutandis be applicable for the purpose of filling up casual vacancies of the
councillors. (1)
All
ballot boxes used at an election shall be kept in such custody as the State
Election Commission may direct. (2)
The
returning officer shall keep in safe custody. (a)
The
packets of unused ballot papers with counterfoils attached thereto; (b)
The
packets of unused ballot papers whether valid, tendered or rejected, (c)
Packets
of counterfoils of used ballot papers; (d)
The
packets of the marked copy of the electoral roll; and (e)
The
packets of the declaration by voters and the attestation of their signatures,
and (f)
All
other papers relating to election. (1)
While
in the custody of the returning officer, (a)
The
packets of unused ballot papers with counterfoil attached thereto. (b)
The
packets of used ballot papers whether valid, tendered or rejected, (c)
Packets
of counterfoils of used ballot papers (d)
The
packets of the marked copy of the electoral roll and (e)
The
packets of the declaration by voters and the attestation of their signatures.
Shall not be opened and their contents shall not be inspected by or produced
before, any person or authority except under the orders of a competent court or
tribunal. (2)
Subject
to such conditions and to the payment of such fee as the State Election
Commission may direct. (a)
All
other papers relating to the election shall be open to public inspection; and (b)
Copies
thereof shall on application be furnished. (3)
Copies
of the returns by the returning officer forwarded under rule 68 shall be
furnished by the returning officer on payment of a fee of two rupees for each
such copy. Subject to any directions to the contrary given by the State
Election Commission or by a competent Court or Tribunal, (a)
The
packets of unused ballot papers shall be retained for a period of six months
and shall thereafter be destroyed in such manner as the State Election
Commission may direct. (b)
The
other packets, referred to in sub-rule (1) of rule 82 shall be retained for a
period of one year and shall thereafter be destroyed. Provided that packets containing the counterfoils of used
ballot papers shall not be destroyed except with the previous approval of the
State Election Commission. (c)
All
other papers relating to the election shall be retained for such period as the
State Election Commission may direct. (1)
The
deposit made under rule 12 shall either be returned to the person making it or
his legal representative or be forfeited to the corporation. (2)
Except
in cases mentioned in this rule the deposit shall be returned as soon as
practicable after the result of the election is declared. (3)
If
the candidate is not shown in the list of contesting candidates or if he dies
before the commencement of the poll, the deposit shall be returned as soon as
practicable after the publication of the list or after the death, as the case
may be. (4)
Subject
to the provisions of sub-rule (3) the deposit shall be forfeited if at an
election where a poll has been taken the candidate is not elected and the
number of valid votes polled by him does not exceed one-sixth of total number
of valid votes polled by all the candidates divided by the number of members to
be elected. Provided that in the case of a candidate belonging to
Backward Classes, Scheduled Castes, the Scheduled Tribes or Women the deposit
shall not be forfeited unless the number of valid votes polled by him/her is
less than one-sixteenth of the total number of valid votes polled. (5)
Notwithstanding
anything in sub-rules (2), (3) and (4) if a candidate is contesting in more
than one ward not more than one of the deposits shall be returned and the
others shall be forfeited. Any person who contravenes any of these rules shall, on
conviction be punished with fine which may extend to five hundred rupees Omitted Omitted Omitted An order of requisition under section 468A shall be served. (a)
Where
the person to whom such order is addressed is a corporation of firm, in the
manner provided for the service of summons in Rule 2 of Order XXIX of 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. The Karnataka Municipal Corporation (Elections and
Miscellaneous Provisions) Rules, 1977 and the rules framed under the Bombay
Provisional Municipal Corporation Act, 1949 for conducting elections of
Councillors, Mayor, Deputy mayor, Members of the standing committees and
chairman of the Standing Committees and which are in force before the
commencement of these rules are hereby repealed. [XX XX XX] [1] Clause (b) substituted by Notification No. HUD 240 MLR 95, dated
28-9-1995 [2] Clauses (d) to (h) inserted by Notification No. HUD 240 MLR
95, dated 28-9-1995 [3] Existing clause (d) renumbered as clause (i) by Notification
No. HUD 240 MLR 95, dated 28-9-1995 [4] Rule 3 inserted by Notification No. HUD 240 MLR 95, dated
28-9-1995 [5] Substituted for the word "division" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [6] Substituted for the word "division" by
NotificationNo. HUD 240 MLR 95, dated 28-9-1995 [7] Substituted for the word "division" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [8] Substituted for the word "division" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [9] Substituted for the word "division" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [10] First proviso omitted by Notification No. HUD 240 MLR 95,
dated 28-9-1995 [11] Substituted for the words "Provided further" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [12] Substituted for the words "division or divisions"
by Notification No. HUD 240 MLR 95, dated 28-9-1995 [13] Substituted for the word "division" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [14] Substituted for the word "Government" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [15] Rule 10 substituted by Notification No. HUD 240 MLR 95,
dated 28-9-1995 [16] Substituted for the word "divisions" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [17] Substituted for the
word"division"byNotificationNo.HUD 240MLR95,dated28-9-1995 [18] Proviso inserted by Notification No. HUD 240 MLR 95, dated
28-9-1995 [19] Substituted for the word "division" by Notification
No. HUD 240 MLR 95, dated 28-9-1995 [20] Substituted for the words "or Scheduled Tribes" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [21] Substituted for die words "caste or tribe" by
Notification No, HUD 240 MLR 95, dated 28-9-1995 [22] Substituted for the words "caste or tribe" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [23] Substituted for the words "Scheduled Caste or, as the
case may be, Scheduled Tribes" by Notification No. HUD 240 MLR 95, dated
28-9-1995 [24] Sub-rule (2-A) inserted by Notification No. HUD 240 MLR 95,
dated 28-M995 [25] Substituted forWord"division"byNotificati No.HUD
240MLR95/dated28-9-1995 [26] Substituted for the words "thousand rupees" by
Notification No. UDD 207 MLR 2000, dated 25-9-2000,,w.e.f. 28-9-2000 [27] Substituted for the words "Scheduled Caste" by
Notification No. HUD 240 MLR 95, dated 28-9-4995 [28] Substituted for words "four hundred rupees" by
Notification.UBD207 MLR 2000, dated 25-9-2000, w.ei. 28-9-2000 [29] Sub-rule (5) inserted by Notification No. HUD 240 MLR 95,
dated 28-9-1995 [30] Sub-rule (2-A) inserted by Notification No. HUD 240 MLR 95,
dated 28-9-1995 [31] Sub-rule (7) inserted by Notification No. HUD 240 MLR 95,
dated 28-9-1995 [32] Substituted for the word "Government" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [33] Rules 17,17-A and 18 substituted for Rules 17 and 18 by
Notification No. HUD 240 MLR 95,dated 28-9-1995 [34] Substituted for the words "for withdrawal of
candidature" by Notification No. UDD 502 MLR 97, dated 2-6-1999, w.e. f.
29-7-1999 [35] Sub-rule (3) Inserted by Notification No. HUD 240 MLR 95,
dated 28-9-1995 [36] Sub-rule (3) Inserted by Notification No. HUD 240 MLR 95,
dated 28-9-1995 [37] Rules 22, 22-A and 23 substituted for Rules 22 and 23 by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [38] Substituted for the word and figures "Form 12" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [39] Substituted for the word "division" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [40] Substituted for the word and figures "Form 12" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [41] Inserted by Notification No. HUD 240 MLR 95, dated 28-9-1995 [42] Substituted for the word "division" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [43] Sub-rule (4) omitted by Notification No. HUD 240 MLR 95,
dated 28-9-1995 [44] Rule 25 omitted by Notification No. HUD 240 MLR 95, dated
28-9-1995 [45] Inserted by Notification No. HUD 240 MLR 95, dated 28-9-1995 [46] Substituted for the words "approval of the
Commissioner" by Notification No. HUD 240 MLR 95, dated 28-9-1995 [47] Substituted for the word "division" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [48] Sub-rule (3) inserted by Notification No. HUD 240 MLR 95,
dated 28-9-1995 [49] Rules 26-A and 26-B inserted by Notification No. HUD 240 MLR
95, dated 28-9-1995 [50] Clause (c) substituted by Notification No. HUD 240 MLR 95,
dated 28-9-1995 [51] Substituted for the word "Commissioner" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [52] Substituted for the word "Commissioner" by
Notification No. HUD 240 MLR 95, dated 28-9-1995 [53] Substituted for the word "division" by
Notification No. HUD 240 MLR 95, dated 28-9-1995Karnataka Municipal Corporations (Election) Rules, 1979
Whereas, the draft of the Karnataka Municipal Corporations (Election) Rules,
1979 was published as required by sub-section (1) of Section 421 of the
Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) in
Notification No. HUD 12 LRB 79, dated the 20th April, 1979 in Part IV, Section
2C(i) of the Karnataka Gazette, Extraordinary, dated the 25th April, 1979
calling for objections and suggestions from the persons likely to be affected
thereby on or before the 10th May, 1979. And, whereas, the said Gazette was
made available to the public on the 25th April, 1979. And, whereas, the
objections and suggestions received on the said draft have been considered.
Now, therefore, in exercise of the powers conferred by sub-section (1) of
Section 55 and Section 421 of the Karnataka Municipal Corporations Act, 1976
(Karnataka Act 14 of 1977), the Government of Karnataka hereby make the
following rules, namely
[x x x x x]
[x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x x x]
[x x x]
[x x x x x]
[x x x x]
[x x x x x]
[xxx]
[xxx]
Immediately before the commencement of the poll, the presiding officer shall
also demonstrate to the polling agents and others present that the marked copy
of the electoral roll to be used during the poll does not contain,-
Where the presiding officer is of the opinion that booth capturing is taking
place at a polling station or at a place fixed for the poll, he shall immediately
close the controlling unit of the voting machine to ensure that no further
votes can be recorded and shall detach the balloting unit from the control
unit.
In relation to the counting of votes at a polling station, where voting machine
has been used the provisions of rule 2, 58 to 61 shall mutatis mutandis apply.
Without prejudice to the foregoing provision, wherever no specific provisions
are made in these rules, the provisions of the Conduct of Elections Rules, 1961
made under the Representation of People Act, 1951 as amended from time to time
and instructions, statutory orders and clarifications issued by the Election
Commission of India shall mutatis mutandis apply for the cases under these
rules.
The District Judge, may, after such enquiry as he deems fit and after giving an
opportunity to be heard to the parties to the proceedings, make an order.-
If any candidate who has presented the election petition has, in addition to
calling in question the election of the returned candidate, claimed a
declaration that he himself or any other candidate has been duly elected and
the District Judge is of opinion that in fact the petitioner or such other
candidate received a majority of the valid votes, the District Judge shall,
after declaring the election of the returned candidate, to be void, declare the
petitioner or such other candidate, as the case may be to have been duly
elected:
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.