KARNATAKA
MUNICIPALITIES (PRESIDENT AND VICE-PRESIDENT) ELECTION RULES, 1965
PREAMBLE
In exercise of the
powers conferred by Sections 42 and 323 of the Karnataka Municipalities Act,
1964 (Karnataka Act 22 of 1964), the Government of Karnataka, hereby makes the
following rules, the draft of the same having been published as required by
sub-section (1) of Section 323 of the said Act in Notification No. PLM 12 MLR
64, dated 27th January, 1965, published as G.S.R. No. 373, in Part IV, Section
2-C(i) of the Karnataka Gazette, Extraordinary, dated 27th January, 1965,
namely.--
Rule - 1. Title, commencement and application.
(1)
These rules may be
called the Karnataka Municipalities (President and Vice-President) Election
Rules, 1965.
Rule - 2. Definitions.
In these rules, unless
the context otherwise requires.--
(a)
"Act" means
the Karnataka Municipalities Act, 1964;
(b)
"Election
Officer" means.--
(i)
in the case of [city
municipal councils], the Deputy Commissioner or the person performing the
duties of the Deputy Commissioner for the time being;
(ii)
in the case of [town
municipal councils] at District headquarters, any officer nominated by the
Deputy Commissioner
in this behalf not below the rank of an Assistant Commissioner; and
(iii)
in the case of
other [town
municipal councils and town panchayats] the Tahsildar or the person performing
the duties of the Tahsildar for the time being.
(c)
"Section"
means a section of the Act;
(d)
"Form" means a
form appended to these rules.
Rule - 3. Appointment of date of meeting.
[The election
of President and Vice-President shall be held in the meeting fixed by the
Election Officer and he shall thereupon send to every Councillor notice of
dates so fixed not less than seven days prior to the date of meeting.
Rule - 4. Filing of Nominations.
Not less than two hours
before the time fixed for the meeting for the election of President and Vice-
President any Councillor may nominate any other elected Councillor for being
elected as President or Vice-President, as the case may be, by delivering to
the Election Officer, a nomination paper completed in Form 1.
Rule - 5. Councillors to nominate not more than one candidate.
No Councillor shall
nominate under Rule 4 more than one candidate for the office of the President
or Vice-President:
Provided that if a
Councillor has nominated more than one candidate for the office of the
President or Vice-President, the nomination which is received first by the
Election Officer shall be considered for scrutiny.
Rule - 6. Scrutiny of Nominations.
After the commencement
of the meeting, the Election Officer shall scrutinise all the nomination papers
delivered to him under Rule 4 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.
Rule - 7. Withdrawal of candidature.
(1)
Any candidate may
withdraw his candidature by notice in writing subscribed by him and delivered
to the Election Officer immediately after the scrutiny of nomination papers
under Rule 6.
(2)
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.
(3)
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.
(4)
The Election 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.
Rule - 8. Procedure in contested and uncontested elections.
(1)
After the time fixed for
withdrawal is over if there is only one candidate who has been validly
nominated, and has not withdrawn his candidature in the manner and within the
time specified the Election Officer shall forthwith declare such candidate to
be duly elected as President or Vice-President, as the case may be.
(2)
If the number of
candidates who have been validly nominated and who have not withdrawn their
candidature are more than one, then the Election 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 proceeding 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 to do.
(5)
After voting by all the
Councillors present and wishing to vote, the Election Officer shall declare
that the candidate to whom the highest number of valid votes have been given to
have 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 Election 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.
(7)
The Election Officer
shall cause a record of the minutes of the meeting which shall contain the
names of all the Councillors present and in the case of a division, the manner
of their voting including abstentions. The minutes shall be signed by the
Election Officer as well as the Councillors present. The minutes shall be made
available to any Councillor for inspection.
Explanation.-- For
the purpose of this rule, "Councillor present" means Councillor
present at the meeting and whose names have been recorded before declaring a
Councillor duly elected under Rule 8 or before commencement of the meeting
after withdrawal of candidature under sub-rule (4) of Rule 7 for the office of
President or Vice- President, as the case may be.]
Rule - 9. Votes to-be taken at a meeting.
[x x x
x x.
Rule - 10. Procedure for the Conduct of Elections.
x x x x x.
Rule - 11. Counting of Votes.
x x x x x.]
Rule - 12. Forwarding the names of persons elected as President and Vice-President.
[The
Election Officer shall forward the names of persons elected as President and
Vice-President to the Commissioner for publication in the Official Gazette.
Rule - 13. Reservation of Offices of President and Vice-President.
(1)
Reservation of offices
of President and Vice-President of the Municipal Councils and Town Panchayats
for different categories in accordance with sub-section (2-A) of Section 42
read with Section 353 shall be as specified in the table below.--
|
[Sl. No.
|
Category
|
President
|
Vice-President
|
|
Total
|
Women
|
Total
|
Women
|
|
1. Scheduled Caste:
|
|
|
(i) City Municipal
Councils
|
5
|
1
|
5
|
1
|
|
|
(ii) Town Municipal
Councils
|
11
|
4
|
11
|
4
|
|
|
(iii) Town Panchayats
|
11
|
4
|
[12]
|
4
|
|
2. Scheduled Tribe:
|
|
|
(i) City Municipal
Councils
|
1
|
1
|
1
|
1
|
|
|
(ii) Town Municipal
Councils
|
2
|
1
|
2
|
1
|
|
|
(iii) Town Panchayats
|
3
|
1
|
3
|
1
|
|
3. Backward Class (A
and B):
|
|
|
(i) City Municipal
Councils
|
13
|
4
|
13
|
4
|
|
|
(ii) Town Municipal
Councils
|
27
|
9
|
27
|
9
|
|
|
(iii) Town Panchayats
|
29
|
10
|
29
|
10
|
|
4. General:-
|
|
|
(i) City Municipal
Councils
|
21
|
7
|
21
|
7
|
|
|
(ii) Town Municipal
Councils
|
41
|
13
|
41
|
13
|
|
|
(iii) Town Panchayats
|
[45]
|
15
|
44
|
15
|
|
|
Total
|
[209]
|
70
|
[209]
|
70]
|
(2)
The Offices of President
reserved for Scheduled Tribes shall be allotted by the Government to the
Municipal Councils, or as the case may be. Town Panchayats having the highest
percentage of population belonging to the Scheduled Tribes with reference to the
total population of the municipal area. The same procedure shall be followed by
the Government for allotting to the Municipal Councils, or as the case may be.
Town Panchayats the same number of offices of Vice-President for members
belonging to the Scheduled Tribes but excluding the Municipal Councils, or as
the case may be, Town Panchayats in which the office of President have been
already allotted to them.
(3)
The offices of President
and Vice-President of Municipal Councils or as the case may be, Town Panchayats
in the State shall be allotted by the Government for members belonging to the
Scheduled Castes in the same manner as specified in sub-rule (1):
Provided that both the
offices of President and Vice-President in any Municipal Council, or as the
case may be, Town Panchayats shall not be allotted in favour of the category of
Scheduled Castes and Scheduled Tribes only:
Provided further that if
the reservation worked out to any category is less than 0.5% no offices of
President and Vice-President be reserved to such category.
(4)
The offices of President
and Vice-President of the Municipal Councils, or as the case may be, Town
Panchayats, reserved for Backward Classes and those of unreserved category,
shall be allotted by the Government taking into consideration such factors as
the Government may deem fit,
(5)
The offices of President
and Vice-President reserved for women in each category referred in sub-rule (1)
shall be allotted by the Government to the Municipal Councils, or as the case
may be, Town Panchayats taking into consideration such factors as the
Government may deem fit:
Provided that both the
offices of President and Vice-President of the Municipal Council, or as the
case may be, Town Panchayats shall not be reserved for women.
(6)
The offices of President
and Vice-President of Municipal Councils and Town Panchayats 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.]
Rule - 14. President to enter upon his duties.
The President or the
Vice-President elected under these rules shall enter upon his duties forthwith,
in case there is no elected President or Vice-President and after the expiry of
the term of the elected President or Vice-President in office, in other cases.
Rule - 15. Election Petition.
(1)
The validity of the election
of the President or the Vice-President may be called in question by a petition
presented to the District Judge having jurisdiction over the area within which
the election has been or should have been held, within seven days from the date
of declaration of the election by any candidate at such election or by three or
more Councillors joined together as petitioners.
(2)
Every petition under
sub-rule (1) shall be accompanied by as many copies thereof 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.
(3)
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.
(4)
A petition under
sub-rule (1).--
(a)
shall contain a concise
statement of material on which the petitioner relies;
(b)
shall be signed by the
petitioner and verified in the manner laid down in the Code of Civil Procedure,
1908 (Central Act V of 1908), for the verification of pleadings;
(c)
any schedule or annexure
to the petition shall also be signed by the petitioner and verified in the same
manner as the petition.
(5)
The petitioner may claim
any of the following declarations.--
(a)
that the election of the
returned candidate is void;
(b)
that the election of the
returned candidate is void and that he himself or any other candidate has been
duly elected.
Rule - 16. Procedure of the District Judge.
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.--
(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.
Rule - 17. Grounds for declaring the election of the returned candidate to be void.
If the District Judge is
of opinion.--
(a)
that the result of the
election has been materially affected.--
(i)
by the improper
reception or refusal of a vote; or
(ii)
by any non-compliance
with the provisions of the Act or of any of these rules; or
(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.
Rule - 18. Grounds for which the candidate other than the returned candidate may be declared to have been elected.
If any person who has
presented an 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;
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.
Rule - 19. Control by the State Government.
[x x x
x x.]
FORM 1
[See
Rule 3(1)]
Election
to the office of the President/Vice-President
Notice is hereby given
that.--
(1)
An election is to be
held to the office of the President/Vice-President............
(2)
Nomination papers may be
delivered between the hours of 11 O'clock in the forenoon and 3 O'clock in the
afternoon by a candidate or his proposer or seconder at the Office of the
Election Officer on any date not later than the ............(date).
(3)
Nomination papers will
be taken up for scrutiny at........(hours) on................(date)
at...............(Place).
[(3-A)
Notice of withdrawal of candidature may be delivered by a candidate, or by his
proposer or seconder who has been authorised in this
behalf in writing by such candidate, at the office of the Election Officer
before 3 O' clock in the afternoon on............]
(4)
Nomination papers and
notice of withdrawal may be delivered to the Election Officer or any other officer
authorised by him in this behalf at his office;
[(5)
In the event of election being contested, the voting will take place
on.......at a meeting of the Municipal Council of which notice will be sent
separately.]
Election Officer
............................
Date..............
Place..............
FORM 2
[See Rule 4(i)]
Nomination Paper
Election to the office of the President/Vice-President
We hereby
nominate...................(name and particulars of the candidate)* as a candidate
for the Election to the Office of the President/Vice-President.
We declare that both of us are
Councillors of.................. Municipal Council.
Signature of Proposer
Date.......................
Signature of Seconder
Date.......................
I assent to this nomination.
Signature of the candidate.
Date.........................
* Particulars of the candidate
will include the name of the father or husband of the candidate, his/her
occupation and place of residence.
FORM 3
[See
Rule 7(1)]
Notice
of Withdrawal
Election
to the office of the President/Vice-President
To
The Election Officer,
I......................a
candidate nominated at the above election, do hereby give notice that I
withdraw my candidature.
Place.............
.
........................................................
Date...............
Signature of
Candidate.................
This notice was
delivered to me at my office at ...........(hour) on.................(date) by
the..........................
Date.............
.
...................................................
Election
Officer.........................
Here
insert one of the following alternatives that may be appropriate:
(1)
Candidate/s;
(2)
Candidate's proposer who
has been authorised in writing by the candidate who delivered it;
(3)
Candidate's seconder who
has been authorised in writing by the candidate who delivered it.
FORM 4
[See
Rule 8(b)]
List
of Valid Nominations
Election
to the office of the President/Vice-President
|
Sl. No.
|
Name of the Candidate
|
Name of father/Husband
|
Address of Candidate
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
|
|
|
|
|
Place…..........
Election Officer
Date…...........
FORM 5
[See
Rule 10(4)(i)]
Ballot
Paper
City/Town Municipal
Council of...........
Election to the office
of the President/Vice-President
|
Counterfoil Serial
Number of the ballot paper
|
|
Roll
|
|
|
|
Sl. No. of the
Candidate
|
Name of the Candidate
|
Voters mark
|
|
|
1
|
|
|
|
|
2
|
|
|
|
|
3
|
|
|
|
|
4
|
|
|
Instructions
to Electors
(1)
You have only one vote.
(2)
Place a cross mark (X)
clearly opposite the name of the candidate to whom you wish to give the vote.
(3)
You must not vote for
more than one candidate. If you do your ballot paper will be rejected.
(4)
The mark should be so
placed as to indicate clearly and beyond doubt to which candidate you are
giving your vote. If the mark is so placed as to make it doubtful to which
candidate you have given the vote that vote will be invalid.
FORM 6
[See
Rule 11(8)]
Return
of Election
Election to the office
of the President/Vice-President of the Municipal Council Return of Election
|
Serial No.
|
Name of Candidate
|
Number of valid votes
polled
|
Total number of valid
votes polled:................
Total number of rejected
votes:.............
I declare
that.........................................(name) of.............................................(address)
has been duly elected as the President/Vice-President
Place............
Date..............
Election Officer.