In exercise of the powers
conferred by Sections 55 and 421 of the Karnataka Municipal Corporations Act,
1976 (Karnataka Act No. 14 of 1977), the Government of Karnataka hereby makes
the following rules, the draft of the same having been previously published as
required by sub-section (1) of Section 421 of the said Act in Notification No.
HMA1176 MLR 76, dated 3rd June, 1976, published as GSR No. 181 in Part IV-2-C(i)
of the Karnataka Gazette, dated 9th June, 1977. CHAPTER I PRELIMINARY (1) These rules may be called the Karnataka Municipal Corporations
(Elections and Miscellaneous Provisions) Rules, 1977. (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; (b) "Divisional Commissioner" means the Divisional Commissioner of
the Revenue Division in which the Corporation is situated; (c) "Elections" means general election of Councillors, election
for casual vacancies and elections of the Mayor, the Deputy Mayor, the Standing
Committees and the Chairman of the Standing Committees; (d) "Election Officer" means the Officer or the other authority
authorised by the Act to conduct elections; (e) "Form" means a form appended to these rules; (f) "Section" means section of the Act. CHAPTER II ELECTION OF
COUNCILLORS (1) The territorial constituencies for purposes of general election of
Councillors shall comprise divisions of the City defined by the Notification
issued by the State Government. (2) The said Notification shall clearly indicate the extent of each
division, the number of seats allotted to each division (which may be three or
more), the number of seats reserved for the Scheduled Castes, the Scheduled
Tribes, Women and Labour. (3) Each constituency shall consist of as far as may be, contiguous areas
and equal number of voters. (1) The list of voters shall be authenticated by the Commissioner. Any
correction made in the list shall, also be similarly authenticated. (2) No list shall be revised or corrected after the day previous to the last
date for making nominations for election to a division and before the
completion of such election. (3) Copies of the voters list of each division shall be kept open for public
inspection in the Corporation Office and at such other places in the respective
division as the Corporation may from time to time, notify. (1) For the conduct of elections the, Commissioner shall appoint one or more
Returning Officer who shall be an officer of the State Government; (2) It shall be the 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. (1) The Returning Officer may appoint one or more persons to assist him for
the performance of his functions: Provided that every such
person is an officer of Government or of the Corporation. (2) Every Assistant Returning Officer shall subject to the control of the
Returning Officer, be competent to perform all or any of the functions of the
Returning Officer: Provided that no Assistant
Returning Officer shall perform any of the functions of the Returning Officer
which relates to the scrutiny of nominations unless the Returning Officer is
unavoidably prevented from performing the said functions. (1) The Returning Officer shall appoint a Presiding Officer for each polling
station and such Polling Officer or Officers as he thinks necessary, but he
shall not appoint any person who has been employed by or on behalf of, or has
been otherwise working, for a candidate in or about the election. (2) A Polling Officer shall, if so directed by the Presiding Officer,
perform all or any of the functions of a Presiding Officer. (3) If the Presiding Officer owing to illness or other unavoidable cause, is
obliged to absent himself from the polling station, his function shall be
performed by such Polling Officer as has been previously authorised by the
Returning Officer to perform such functions during any such absence. (1) 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. (2) 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. Whenever it is necessary to
hold a general election or an election to fill a casual vacancy, the
Commissioner shall publish a notice in Form 1 stating: (a) the number of persons to be elected and the division or divisions for
which they are to be elected: (b) the number of seats, if any reserved for persons belonging to the
Scheduled Castes, or the Scheduled Tribes or for Women or labour and the division
or the divisions for which they are reserved; (c) the last date for making nominations which shall be the seventh day
after the date of publication of the Notice under this sub-rule or, if that
date is a public holiday, the next succeeding day which is not a public holiday
and the place at which such nomination papers are to be delivered; (d) the date for the scrutiny of nomination which shall be the second day
after the last date for making nomination or, if that day is a public holiday
the next succeeding day which is not a public holiday; (e) the last date for the withdrawal of nomination which shall be the third
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; (f) the date on which a poll shall, if necessary be taken which shall be a
date not earlier than the twentieth day after the last date for the withdrawal
of nominations; and (g) the date before which the election shall be completed. (1) On or before the date appointed under clause (c) of Rule 9, each
candidate shall, either in person or by his proposer, between the hours of
eleven O'clock in the forenoon and three O'clock in the afternoon deliver to
the Returning Officer at the place specified in this behalf in the Notice
issued under Rule 9 a nomination paper completed in Form 2 and signed by the
candidate and by a voter of the division as proposer. (2) In a division where any seat is reserved, a candidate shall his
nomination papers contains a declaration by him specifying in the case of a
seat reserved for persons belonging to the Scheduled Castes or Scheduled Tribes that he is a member of any of the Scheduled. Castes or the Scheduled
Tribes and in the case of a seat reserved for women and labour that the
candidate is a woman or a person eligible to stand for the seat reserved for
labour. (3) 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 list of voters. (4) Nothing in this rule shall prevent any candidate from being nominated by
more than one nomination paper. A candidate shall not be
deemed to be duly nominated for election from any division unless the deposits
or causes to be deposited a sum of two hundred rupees in cases other persons
belonging to SC or ST On receiving the nomination
papers, the Returning Officer shall inform the person or the persons delivering
the same of the date, time and place fixed for the scrutiny of nominations. He
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 affixed in some conspicuous place in his office a notice of the
nomination in Form 3 containing the descriptions similar to those contained in
the nomination paper both of the candidate and of the proposer. (1) On the date fixed for the scrutiny of nominations under Rule 9, the
candidates, their election agents and one other person duly authorised by each
candidate 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 these Rules. (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 notice reject any nomination. (3) The Returning Officer shall not reject any nomination paper on the
ground of any defect which is not of a substantial character. (4) 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. (5) Immediately after all the nomination papers have been scrutinised and
decisions accepting or rejecting the same have been recorded the Returning
Officer shall prepare in Form 4 a list of validly nominated candidates, and
affix it to the Notice Board. (1) Any candidate may withdraw his candidature by a notice in writing in
Form 5 containing particulars set out therein and deliver before three O'clock
in the afternoon on the day fixed under clause (e) of Rule 9 to the Returning
Officer either in person or by his proposer and on receipt of such notice, the
Returning Officer shall note thereon the date on and the time at which it was
delivered. (2) The notice of withdrawal of candidature under sub-rule (1) shall not be
allowed to be cancelled. (3) On being satisfied about the genuineness of the case of the withdrawal
and the identity of the person delivering the notice of withdrawal, the
Returning Officer shall cause the notice in Form 6 to be affixed in some
conspicuous place in his office. (1) Immediately after the expiry of the period within which candidatures may
be withdrawn, the Returning Officer shall prepare in Form 7 a list of
contesting candidates in alphabetical order. (2) Immediately after the preparation of the list of the contesting
candidates, the Returning Officer shall cause a list of the copy to be affixed
in some conspicuous place in his office and shall also supply a copy to each of
the contesting candidate, agent etc. (1) A candidate at an election may appoint in Form 8 or Form 9 or Form 10 as
the case may be any person, not disqualified under the Act to be his election
agent, polling agent or counting agent. (2) Any revocation of the appointment of election agent, polling agent or
counting agent shall be made in Form 11, Form 12 or Form 13. At every election where a poll
is taken, each contesting candidate or his election agent shall have a right to
be present at any polling station provided under these rules for taking of the
poll. If a candidate dies and the
report of his death is received before the commencement of the poll, the
Returning Officer shall countermand the poll, and report the matter to the
Commissioner and all proceedings with reference to the election shall be
commenced afresh in all respect on if for a new-election: Provided that no further
nomination shall be necessary in the case of a person who was a contesting
candidate at the time of the countermanding of the poll. (1) In the case of election for a division where a seat is not reserved for
persons belonging to a Scheduled Tribe or for Scheduled Castes women or labour- (a) if the number of contesting candidates is more than the number of seats
to be filled, a poll shall be taken; (b) if the number of contesting candidate is equal to the seats to be
filled, the Returning Officer shall forthwith declare all such contesting
candidates to be duly elected; (c) if the number of contesting candidate is less than the number of seats
to be filled, the Returning Officer shall forthwith declare all such candidates
to be elected; (2) In the case of election to a division where seats are reserved for
persons belonging to Scheduled Tribes or for the Scheduled Castes women or
labour, the procedure laid down in sub-rule (1) shall mutatis mutandis apply. The Returning Officer shall
provide sufficient number of Polling Stations in each division and a list
showing the polling stations so provided shall be published, on the Notice
Board, The Returning Officer shall
fix the hours during which the poll shall be taken and the hours so fixed shall
be published on the Notice Board. Save as hereinafter provided
vote shall be given by ballot and in person at the polling station and no votes
shall be received by proxy. (1) Every ballot paper shall be in Form 14 and shall contain the names of
all the candidates arranged in the same order in which they appear in the list
of the contesting candidates. (2) If two or more candidates bear the same name they shall be distinguished
by their occupation or residence or in some other manner. (1) The Presiding Officer may employ at the polling station such persons as
he thinks fit to help in the identification of voters or to assist him
otherwise in taking the poll. (2) Any polling agent may challenge the identity of a person claiming to be
a voter and the Presiding Officer shall after holding a summary enquiry into
the challenge pass such orders as he thinks fit. (1) The Presiding Officer shall put an indelible ink mark on the left
forefinger of every voter about whose identity he is satisfied. (2) If any voter refuses to allow his left forefinger to be so marked or his
already such a mark on his left forefinger, he shall not be issued with any
ballot paper. Every voter shall be issued
with a ballot paper. The ballot paper shall be stamped with such distinguishing
mark as the Commissioner may direct. The voter on receiving the
ballot paper shall forthwith proceed to one of the voting compartments and
there make a mark on the ballot paper with the instrument supplied for the
purpose on or near the symbol of the candidates for whom he intends to vote,
fold the ballot paper so as to conceal his vote, insert the folded ballot paper
into the ballot box and quit the polling station.. The Presiding Officer shall
close a polling station at the hour fixed in that behalf and shall not
thereafter admit any voter into the polling station. As soon as practicable after
the closing of the poll, the Presiding Officer shall close the slit of the
Ballot Box and shall seal up the slit and also allow any polling agent present
to affix his seal. The Ballot Boxes shall thereafter be sealed and secured. The Presiding Officer shall at
the close of the poll prepare a Ballot Paper account in Form. 15 and enclose it
in a separate cover with the words "Ballot Paper Account"
superscribed thereon. (1) The Presiding Officer shall deliver or cause to be delivered to the
Returning Officer, the ballot boxes, Ballot Paper Account and all other papers
used at the Poll. (2) The Returning Officer shall make adequate arrangements for the safe transport
of the ballot boxes and the papers referred to in sub-rule (1). (1) Votes shall be counted by or under the supervision or the direction of
the Returning Officer and each contesting candidate, election agent or counting
agent shall have a right to be present at the time of counting. (2) The Returning Officer shall before the commencement of counting warn
those present about the secrecy of votes. The Returning Officer may have
the ballot boxes opened and their contents counted and more than one ballot box
may be simultaneously opened and counted. (1) The Ballot papers taken out of each ballot box shall be arranged in
convenient bundles and scrutinised. (2) The counting of ballot papers shall be continuous. If after the counting of the
votes is completed, and equality of votes is found to exist between any
candidates, the Commissioner shall forthwith decide by lot which of the
candidate shall be deemed to have been elected. (1) On receipt of the return of election, in Form 16, the Commissioner shall
forthwith forward to Government the names of the persons elected for
publication in the Official Gazette. (2) A certificate of election shall be given to the returned candidate. (1) All ballot boxes used at an election shall be kept in safe custody by
the Commissioner. (2) While such custody the box or the packets shall not be opened. The provisions of these rules
shall apply to the filling up of the casual vacancies also. Notwithstanding anything
contained in these rules, the State Government shall have the power of
superintendence, direction and control over the conduct of elections under
these rules and for reasons to be recorded in writing may make such orders
cancelling the calendar of events, postponing the election or for such other
matters as it thinks fit. The provisions of the
Representation of the People (Conduct of Election and Election Petition) Rules,
shall mutatis mutandis, apply in respect of any election for which no provision
is made either under the Act or under these rules. CHAPTER III MAYOR AND
DEPUTY MAYOR AND STANDING COMMITTEE (1) The Mayor and Deputy Mayor shall be elected at a meeting of Councillors
held for the purpose. (2) Such elections shall be held at the first meeting after the General
Elections and at the first meeting in the same month in each succeeding year
thereafter. Such meeting shall be convened by the Commissioner and presided
over by the Divisional Commissioner. (3) The Divisional Commissioner shall call for nominations to the Offices of
Mayor and Deputy Mayor. (4) Any member may nominate in writing another member to be elected as
Mayor, the nominations shall be seconded by a third member and shall be
subscribed by the candidate himself as assenting to the nomination. The
nomination paper shall be in Form 17. (5) After the nomination papers are received, the Presiding Officer shall
give an opportunity to any person who may so desire, to withdraw his
candidature in Form No. 17(A). (6) After such withdrawal, if any, if there is only one candidate who has
been validly nominated and has not withdrawn his candidature, the Presiding
Officer shall forthwith declare such candidate to be duly elected to the Office
of the Mayor or Deputy Mayor as the case may be. (7) If the number of candidates who have been duly nominated but have not so
withdrawn their candidatures exceeds one, the Presiding Officer shall prepare
in Form 18 list of valid nominations containing the names in alphabetical order
of the validly nominated candidates which are given in the nomination papers
and read out the names of the candidates who have been duly nominated. (8) The Presiding Officer shall provide a ballot box which shall be so
constructed that the ballot papers can be introduced therein but cannot be
withdrawn therefrom without the box being opened. (9) The Presiding Officer shall, immediately before the votes are taken,
show the ballot box empty to such Councillors as may be present, so that they
may see that it is empty, and then shall lock it up, and place his seal upon it
in such manner as to prevent its being opened without breaking the seal. (10) Every Councillor wishing to vote shall be supplied with the ballot paper
in Form 19 bearing the seal of the Corporation and the signature of the
Presiding Officer and on which the names of such contesting candidate shall be
specified in English or Kannada. At the time of issuing a ballot paper to a
Councillor, the Presiding Officer shall record the serial number thereof
against the entry relating to the Councillor in the copy of the list of
Councillors kept for the purpose. (11) The Councillor to whom a ballot paper is issued under sub- rule (10)
shall, on receipt of the ballot paper, proceed to the place set apart for the
purpose and there place mark (X) against the name of the candidate for whom he
wishes to vote. Then he shall fold up the ballot paper so as to conceal his
vote and insert it into the ballot box. (12) The Presiding Officer shall cause such arrangements to be made as to
prevent the Councillors who have already voted from having access to the
Councillors who are yet to vote. (13) If owing to blindness or other physical infirmity, a Councillor is
unable to read the name of the candidates on the ballot paper or to take a mark
thereon, the Presiding Officer shall record the vote on the ballot paper in
accordance with the wishes of the elector, fold it so as to conceal the vote
and insert it into the ballot box. While acting under this clause, the
Presiding Officer shall observe such secrecy as is feasible and shall keep a
brief record of each such instance but shall not indicate therein the manner in
which any vote has been given. (14) A Councillor 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 shall be marked 'Spoilt
cancelled' by the Presiding Officer. If a Councillor after obtaining a ballot
paper decides not to use it he shall return it to the Presiding Officer and the
ballot paper so returned shall be marked as 'Returned Cancelled' by the
Presiding Officer. All ballot papers cancelled under this clause shall be kept
in a separate packet. (1) After such of the Councillors as are present and wishing to vote, have
voted the Presiding Officer shall open, in the presence of the Councillors
present, the ballot box, count the number of ballot papers taken out therefrom
and scrutinise the ballot papers and separate those which, in his opinion are
valid from those which, in his opinion are invalid, endorsing on the latter the
word 'rejected' and the ground of rejection and arrange all the valid ballot
papers in a bundle. (2) The Presiding Officer shall reject a ballot papers (a) if it bears any mark or writing by which the elector can be identified,
or (b) if no vote is recorded thereon, or (c) if votes are given on it in favour of more than one candidate, or (d) if the mark indicating the vote thereon is placed in such a manner as to
make it doubtful as to which candidate the vote has been given, or (e) if it is a surplus ballot paper: Provided that a ballot paper
shall not be rejected merely on the ground that the mark indicating the vote is
indistinct or made more than once, if the intention that the vote shall be for
a particular candidate, clearly appears from the way the paper is marked. (3) Before rejecting any ballot paper under this rule the Presiding Officer
shall allow each candidate a reasonable opportunity to inspect the ballot paper
but shall not allow him to handle it or any other ballot paper. (4) Every ballot paper which is not rejected shall be counted as one valid
vote. After the completion of the counting, the Presiding Officer shall record
in a statement the total number of votes polled by each candidate and announce
the same. (5) After such announcement has been made, the Presiding Officer may either
on his own initiative or at the instance of any candidates recount the votes: Provided that nothing herein
contained shall make it obligatory on the Presiding Officer to recount the same
votes more than once. When a recount of votes is
made under this sub-rule the Presiding Officer shall amend the statement
referred to in sub-rule (4) to the extent necessary after such recount and
announce the amendment so made by him. (6) After the total number of votes polled by each candidate has been
announced under sub-rule (4) or sub-rule (5), the Presiding Officer shall
declare the candidate to whom the largest number of valid votes have been given
to have been duly elected. (7) If after counting of the votes is completed, an equality of votes is
found to exist between any candidates, and the addition of one vote will
entitle any of these candidates to be declared elected, the Presiding Officer
shall forthwith decide between those candidates by lot, and proceed as if the
candidates on whom the lot falls had received an additional vote. He shall
thereafter declare the candidate on whom the lot falls to have been duly
elected. (8) The Presiding Officer shall then prepare and certify a return of the
election in Form 16(A). Immediately after the meeting
the Presiding Officer shall: (a) prepare a record of the proceedings of the meeting and sign it,
attesting with his initials every correction made therein, and also permit any
Councillor present at the meeting to affix his signature to such record, if he
expresses his desire to do so; (b) forward the name of the person elected as Mayor or Deputy Mayor to the
Government for publication in the Official Gazette. (1) Members of the Standing Committees shall be elected at the first meeting
of the Corporation after the general elections and at the first meeting in the
same month in each succeeding year thereafter. (2) Elections to the Standing Committees shall be according to the manner of
proportionate representation by means of single transferable vote. (3) The Chairman of the Standing Committees shall be elected at the first
meeting of the Standing Committees, after general elections and at the first
meeting in the same month in each succeeding year thereafter. (4) The provisions of the Representation of the People (Conduct of Elections
and Election Petition) Rules shall mutatis mutandis apply in respect of
Elections of Mayor, Deputy Mayor and Standing Committees. CHAPTER
IV TAXATION Every tax shall be
imposed and collected in accordance with the rules in Schedule III to the Act
and the rules hereinafter appearing. (1)
The property tax shall
be levied as provided in Section 109. (2)
(a) Depreciation for
buildings of the class referred to in clause (ii) of proviso (a) to sub-section
(2) of Section 109 shall be as follows: Age of the Building Depreciation upto 5 years 10 per cent 5 upto 10 years 15 per cent 10 upto 15 years 20 per cent 15 upto 20 years 25 per cent 20 upto 25 years 30 per cent 25 upto 30 years 35 per cent 30 upto 35 years 40 per cent 35 upto 40 years 45 per cent 40 upto 45 years 50 per cent 45 upto 50 years 55 per cent 50 upto 55 years 60 per cent 55 upto 60 years 70 per cent (b)
For determining the rateable value, every owner of a building shall, whenever
it is notified that property tax will be levied, furnish within the time
specified in the notification.
i.
the market value of the
land on which the building stands;
ii.
the estimated cost of
construction of the building;
iii.
date of erection and
depreciation claimed; (c)
Where such statement is not filed, the owner shall lose the right of
questioning the valuation arrived at by the authorised officer: Provided that the
authorised officer may receive a statement filed within one month after the
date specified in the notification if he is satisfied that the owner had
sufficient cause for not filing the statement within the time specified. Note. Sub-rule
(2) is not applicable to owner occupied buildings. (3)
For determining the
rateable value of owner occupied buildings. Owner of every such buildings
shall, whenever it is notified that property tax will be levied furnish within
the time specified in such notification. The particulars specified in Form 20
in respect of the building owned by him.KARNATAKA
MUNICIPAL CORPORATIONS (ELECTIONS AND MISCELLANEOUS PROVISIONS) RULES, 1977
PREAMBLE