Whereas the draft
of the Karnataka Panchayat Raj (Conduct of Election) Rules, 1993, was published
as required by sub-section (1) of Section 311 of the Karnataka Panchayat Raj
Act, 1993 (Karnataka Act 14 of 1993) in Notification No. RDP 251 ZPS 93, dated
13th September, 1993 in Part IV, Section 2-C(ii) of the Karnataka Gazette
(Extraordinary) inviting objections and suggestions from all persons likely to
be affected thereby before 29th September, 1993; And whereas, the
said Gazette was made available to the public on 13th September, 1993; And whereas, no
objections or suggestions have been received in respect of the said draft by
the State Government; Now, therefore, in
exercise of the powers conferred by Sections 2, 5, 7, 10, 14, 120, 126, 130,
131, 159, 165, 170 and 271 read with Section 311 of the Karnataka Panchayat Raj
Act, 1993 (Karnataka Act 14 of 1993), the Government of Karnataka makes the
following rules namely: CHAPTER I PRELIMINARY (1) These rules may be called the Karnataka Panchayat Raj (Conduct of
Election) Rules, 1993. (2) They shall come into force at once. In these rules,
unless the context otherwise requires: (1) "Act" means the Karnataka Panchayat Raj Act, 1993 (Karnataka
Act 14 of 1993); (2) "Chavadi" includes a place which is directed to be a chavadi
for the purpose of the Karnataka Land Revenue Act, 1964; (3) "Deputy Commissioner"' means the Deputy Commissioner of the
District in which the Grama Panchayat or Taluk Panchayat or Zilla Panchayat is
situated; (4) "Form" means a form appended to these rules; (5) "Presiding Officer" means any person appointed under Rule 9 as
Presiding Officer and includes any Polling Officer performing any of the
functions of a Presiding Officer under Rule 11; (6) "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); (7) "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; (8) "Reserved seat" means a seat reserved for Scheduled Castes,
Scheduled Tribes, Backward Classes and Women under Sections 5, 123 and 162 of
the Act; (9) "Returning Officer" means any person appointed under Rule 6 as
Returning Officer and includes an Assistant Returning Officer performing any of
the functions of a Returning Officer; (10) "Section" means a section of the Act; (11) "State Election Commission" means the State Election
Commission constituted under Section 308 of the Act. CHAPTER
II CONDUCT
OF ELECTION OF ZILLA PANCHAYAT, TALUK PANCHAYAT AND GRAMA PANCHAYAT (1)
Election to the Zilla
Panchayat, Taluk Panchayat and Grama Panchayat 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
Deputy Commissioner shall coordinate and supervise all work in the district in
connection with the conduct of elections to the Zilla Panchayat, Taluk
Panchayat and Grama Panchayat. The Deputy 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 for
each Zilla Panchayat constituency shall be split into one or more parts taking
into consideration the area within the constituency wherein the voters to be
included, in each part belong to a named area, street or road within the
constituency and the Electoral Roll so split up in respect of the several parts
of the constituency will together constitute the Electoral Roll for such
constituency. (2)
A copy of such Electoral
Roll in respect of each constituency shall be kept open for inspection in the
office of the Deputy Commissioner, Tahsildar, Zilla Panchayat, Taluk Panchayat
and Grama Panchayat and in the chavadi. (1)
[1][The
concerned Tahsildar] shall split up the list of voters for each Grama Panchayat
constituency, or as the case may be, each Taluk Panchayat constituency, into
one or more parts taking into consideration the area within the constituency
wherein the voters to be included in each part belong to a named area, street
or road within the constituency, and the list of voters split up in respect of
the several parts of the constituency will together constitute the list of
voters for each constituency. (2)
[2][The
concerned Tahsildar] shall authenticate the list of voters for each
constituency by affixing his seal on the list. He shall, subject to sub-section
(2) of Section 10 and sub-section (2) of Section 126, from time to time carry
out in the authenticated copy of each such list any amendment, transposition or
deletion of any entry in the Electoral Roll of the Zilla Panchayat constituency
and initial against each such amendment, transposition or deletion so made. (3)
A copy of such list of
voters in respect of each constituency shall be kept open for inspection in the
office of the Grama Panchayat, Taluk Panchayat and the Tahsildar and in the
chavadi. (1)
For every constituency,
for every General Election of the members of Grama Panchayat or Taluk Panchayat
or Zilla Panchayat or for an election to fill a casual vacancy the Deputy
Commissioner shall designate or nominate one or more Returning Officers who
shall be officers of the Government or of a local authority; Provided that if more
than one Returning Officer is nominated or designated the Deputy Commissioner
shall specify the constituency or constituencies for which each such officer is
nominated or designated. (2)
The Deputy Commissioner
may in the same manner designate or nominate one or more Assistant Returning
Officers who shall be officers of the 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 with the approval of the Deputy Commissioner provide sufficient number of
Polling Stations for each constituency 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 State Election
Commission may direct, (1)
The Deputy 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 Deputy 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)
Subject to the
provisions of the Act all vacancies of members in Zilla Panchayat, Taluk
Panchayat and Grama Panchayat shall be filled by elections. The Deputy
Commissioner shall with the approval of the State Election Commission fix the
date of such election. (2)
For the above purpose
the Deputy Commissioner shall by a notification in Form 1 or 2 as may be
appropriate fix: (i)
the last date for the
making nominations which shall be the seventh day after the date of publication
of the 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 of making nominations or if that day is a public holiday the next
succeeding day which is not a public holiday. (iii)
the last date for
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 or dates on
which a poll shall if necessary, be taken which or the first of which shall be
a date not earlier than the tenth day after the last date for the withdrawal of
candidatures and the hours during which poll shall be taken, the total period
of which on any allotted day shall not be less than eight hours. (v)
the date before which
the election shall be completed. (3)
(a) On the issue of a
notification under sub-rule (2) the Returning Officer shall give a public
notice of the intended election in Form 3 by displaying it on the notice board
in his office and in the offices of Zilla Panchayats, Taluk Panchayats and
Grama Panchayats and at such other places as he deems necessary, inviting
nominations for such election, (b) In
the said notice, the Returning Officer shall specify among other things the
last date for receipt of nominations, the place at which nominations are to be
delivered, date of scrutiny of nominations, last date for withdrawal of
candidatures, date or dates on which a poll shall, if necessary, be taken and
the hours of poll and the date before which elections shall be completed which
shall conform to the dates notified in that behalf by the Deputy Commissioner
under sub-rule (2). Any person may be
nominated as a candidate to fill a seat in any of the constituencies of Zilla
Panchayat, Taluk Panchayat or Grama Panchayat if he is qualified to be chosen
to fill that seat under the provisions of the Act. (1)
On or before the date
appointed under Rule 12 for making nominations/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 public notice issued under Rule 12, a
nomination paper completed in Form 4 or Form 5 as may be appropriately signed
by the candidate and by an elector of [3][the
Grama Panchayat] as proposer: Provided that no
nomination paper shall be delivered to the Returning Officer on a day which is
a public holiday. (2)
(a) In a constituency if
any seat is reserved for the Backward Classes, the Scheduled Castes or the
Scheduled Tribes/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 class, caste or tribe of which he is a member and the
said, class, caste or tribe is a Backward Class, Scheduled Caste or Scheduled Tribe: (b) If
the seat is reserved for women the nomination paper shall contain a declaration
that the candidate is a woman. (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 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 or the person or place is such as to be understood and the Returning
Officer shall permit any such misnomer or inaccurate description or clerical,
technical or printing error to be corrected and where necessary direct that any
such misnomer, inaccurate description, clerical, technical or printing error in
the Electoral Roll or in the nomination paper shall be overlooked. (4)
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][Notwithstanding
anything contained in these rules, where a seat is reserved. (i)
for persons belonging to
the Scheduled Caste and the proviso to sub-section (2) of Section 5, the
Returning Officer may receive nomination papers both from persons belonging to
the Scheduled Castes and Scheduled Tribes but shall return the nomination paper
filed by a person belonging to the Scheduled Tribes along with the deposit made
in case nomination paper is received from any person belonging to the Scheduled
Caste before last the date and time fixed for making nomination, so however, he
may proceed to consider the nomination paper filed by a candidate belonging to
the Scheduled Tribes any when no nomination paper is received from a person
belonging to the Scheduled Castes before the date and time fixed for making
nomination. (ii)
for persons belonging to
the Scheduled Tribes under the proviso to sub-section (2) of Section 5, the
Returning Officer may receive nomination papers both from persons belonging to
the Scheduled Castes and Scheduled Tribes but shall return the nomination paper
filed by a person belonging to the Scheduled Castes along with the deposit made
in case nomination paper is received from any person belonging to the Scheduled
Tribes before the last date and time fixed for making nomination so however, he
may proceed to consider the nomination paper filed by a candidate belonging to
the Scheduled Castes only when no nomination paper is received from a person
belonging to the Scheduled Tribes before the date and time fixed for making
nomination.] (1)
A candidate shall not be
deemed to be duly nominated for election from a constituency unless he deposits
or causes to be deposited: (a)
in the case of an election
from a Taluk Panchayat or Zilla Panchayat constituency a sum of [5][five
hundred] rupees or where the candidate is a member of a Scheduled Caste or
Scheduled Tribe or Backward Class or a woman, a sum of [6][two
hundred and fifty] rupees; and (b)
in the case of an
election from a Grama Panchayat constituency a sum of rupees [7][two
hundred] or where the candidate is a member of a Scheduled Caste or Scheduled
Tribe or Backward Class or a woman, a sum of [8][one
hundred] rupees: Provided that where a
candidate has been nominated by more than one nomination paper for election in
the same constituency not more than one deposit shall be required of him under
the sub-rule. (2)
Any sum required to be
deposited under sub-rule (1) shall not be deemed to have been deposited under
that sub-rule unless at the time of delivery of nomination paper under Rule 14
the candidate has either deposited or caused to be deposited that sum with the
Returning Officer in cash or enclosed with the nomination paper a receipt
showing that the said sum has been deposited by him or in his behalf in the
Government Treasury. The Returning Officer
shall on receiving the nomination paper under Rule 14 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 affixed in some conspicuous place in his office a notice
of the nomination in Form 6 containing description 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 12, 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 14. (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, if any, as he thinks necessary, reject any
nomination on any of the following grounds, namely: (a)
that on the date fixed
for the scrutiny of nomination the candidate either is not qualified or is
disqualified for being chosen to fill the seat tinder 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, (3)
Nothing contained in
clause (b) or (c) of sub-rule (2) shall be deemed to authorise the rejection of
the nomination of any candidate on the ground of any irregularity in respect of
a nomination paper, if the candidate has been duly nominated by means of
another nomination paper in respect of which no irregularity has been
committed. (4)
The Returning Officer
shall not reject any nomination paper on the ground of any defect which is not
of a substantial character. (5)
The Returning Officer
shall hold the scrutiny on the date appointed in this behalf tinder Rule 12 and
shall not allow any adjournment of the proceedings except when such proceedings
are interrupted or obstructed 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. (6)
The Returning Officer
shall endorse on such 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. (7)
For the purposes of this
rule a certified copy of an entry in the Electoral Roll for the time being in
force of a constituency shall be conclusive evidence of the fact that the
person referred to in that entry is an elector for that constituency. (8)
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 7, that is to say, candidates whose
nominations have been found valid, and affix it on the notice board of his
office. (1)
Any candidate may
withdraw his candidature by notice in writing in Form 8 delivered before three
O'clock in the afternoon on the date fixed under Rule 12 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 genuineness of a notice of withdrawal and
the identity of the person delivering it under sub-rule (1) cause the notice in
Form 9 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 18
the Returning Officer shall prepare and publish in Kannada Language, a list of
contesting candidates, that is to say, candidates who are included in the list
of validly nominated candidates, and who have not withdrawn their candidature
within the said period: Provided that the 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 addresses 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 22. (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 10. 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 parties for the
purpose of election to Taluk Panchayats and Zilla Panchayats. For the purpose of these
rules the State Election Commission shall publish by notification, (i)
in the case of elections
to Taluk Panchayat and Zilla Panchayat (a)
a list of recognised
political parties and symbols reserved to each such recognised political party;
and (b)
a list of free symbols. (ii)
in the case of election
to Grama Panchayat, a list of free symbols. (1)
A candidate set up by a
recognised political party in the election shall choose, and shall be allotted,
symbol reserved for that party and no other symbol. (2)
A reserved symbol shall
not be chosen by or allotted to any candidate other than a candidate set up by
a recognised political party. (3)
Any candidate other than
the candidate set up by 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. [9][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 candidate and no
one else and in case candidate set up by two or more unrecognised political
parties choose the same free symbol, the Returning Officer shall decide by lot
to which of those candidates set up by such unrecognised political parties that
free symbol shall be allotted and allot that free symbol to the candidate to
whom the lot falls and to no one else. The remaining free symbols shall be
allotted to other candidates. Explanation. 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 any free
symbol [10][other
than the one chosen by a candidate set up by 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 [11][other
than the one chosen by a candidate set up by unrecognised political] party] is
chosen by more than one candidate: (a)
the Returning Officer
shall decide by lot to which of those candidates that free symbol shall be allowed
and shall allot it to the candidate, to whom the lot falls and to no one else; (b)
where there are more
number of candidates than the number of free symbols specified, the Returning
Officer shall allot any other symbol in his discretion to the remaining
candidates. Explanation. 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 that effect in his nomination paper; (b)
a notice in writing to
that effect, has been delivered to the Returning Officer before 3 o'clock in
the afternoon on the last date for [12][submission
of nominations]; and (c)
the said notice is
signed by the President or Secretary or any other office-bearer of the party
and the President, Secretary or such other office-bearer is authorised by the
party to send such notice and the name and specimen signature of the President,
the Secretary or such other office-bearer are communicated in advance to the
Returning Officer of the constituency and to the State Election Commission, In
the case of a national party the authorisation may-be made by the [13][President
or Secretary of the party's unit at the State level or any other office bearer
of such unit who is empowered by it.] (1)
The Returning Officer
shall immediately after the preparation of the list of contesting candidates
under Rule 19 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 to each candidate or his Election
Agent, (a)
a copy of the list of
contesting candidates; and (b)
specimen of the picture
of the symbol allotted. (1)
A candidate at an
election may appoint an Election Agent in Form 11 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)
A person who is for the
time being disqualified under the Act for being a member of the Zilla
Panchayat, Taluk Panchayat or Grama Panchayat, shall, so long as the
disqualification subsists, also be disqualified for being appointed as an
Election Agent under sub-rule (1). (3)
The revocation of
appointment of an Election Agent shall be made in Form 12. (4)
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 13 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 14. (5)
In the event of any such
revocation or the death of a Polling 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)
At every election where
a poll is taken, each contesting candidate at such election and his Election
Agent shall have a right to be present at any Polling Station provided under
Rule 8 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 candidate in doing any such act or
thing. Where any act or thing
is required or authorised by or under this act 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 purpose shall not, if the act or thing
is otherwise duly done invalidate the act or thing done. 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 17; or (b)
whose nomination has
been found valid on scrutiny under Rule 17 and who has not withdrawn his
candidature under Rule 18, 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 18 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 Forms 15 or 16 as may be appropriate. (3)
If the number of such candidates
is less than the number of seats to be filled in that constituency the
Returning Officer shall forthwith declare all such candidates to be duly
elected in Forms 15 or 16 as may be appropriate and the Deputy Commissioner
shall with the approval of the State Election Commission/by notification call
upon the constituency to elect a person or persons to fill the remaining seat
or seats. (4)
Notwithstanding anything
contained in the foregoing sub-rules in the case of election to a Grama
Panchayat constituency where seats are reserved for Scheduled Castes, Scheduled
Tribes, Backward Classes or women, as the case may be: (a)
if the number of
contesting candidates for the reserved seat or seats is equal to or less than
the number of reserved seats to be filled, the Returning Officer shall declare
all such candidates to be duly elected in Forms 17 or 18 as may be appropriate
and where the number of the contesting candidates for the non-reserved seats is
more than the number of seats to be filled a poll shall be taken for election
to fill only such non-reserved seats in such constituency; (b)
if the number of
contesting candidates for the reserved seat or seats is more than the number of
seats to be filled, but the total number of candidates contesting for the
election in the constituency is equal to or less than the number of seats to be
filled, the Returning Officer shall first select, by lot to be drawn in such
manner as he may determine the candidates to be declared elected to the
reserved seats out of the candidates qualified to be chosen to fill those seats
and then declare the candidates so elected to be duly elected to fill the
reserved seats and thereafter declare the remaining candidates to be duly
elected to fill the non-reserved seats. The declaration shall be in Forms 17 or
18 as may be appropriate; (c)
if the number of
contesting candidates qualified to be chosen to fill the reserved seats exceeds
the number of such seats and the total number of contesting candidates also
exceeds the total number of seats to be filled a poll shall be taken and after
the poll has been taken the Returning Officer shall first declare those who are
qualified to be chosen to fill the reserved seats by securing the largest
number of votes to be duly elected to fill the reserved seats and then declare
such of the remaining candidates as have secured the largest number of votes to
be duly elected to fill the remaining unreserved seats. (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 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 Deputy Commissioner and State Election Commission and
shall as soon as may be, with the previous approval of the State Election
Commission publish a notice appointing the day on which the poll shall
re-commence from the stage at which it was left immediately before the
adjournment 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
constituency until such adjourned poll shall have been completed. (3)
In every such case as
aforesaid, the Returning Officer shall notify in such manner as the State
Election Commission may direct the date, place and hours of polling fixed under
sub-rule (2). (1)
If the poll at any
Polling Station is adjourned under Rule 30, the provisions of Rules 58, 59, 61
and 62 shall, as far as practicable apply as if the poll was closed at the hour
fixed in that behalf under Rule 12. (2)
When an adjourned poll
is recommenced under sub-rule (2) of Rule 30, the electors who have already
voted at the poll so adjourned shall not be allowed to vote again. (3)
The Returning Officer
shall provide the Presiding Officer of the Polling Station at which such
adjourned poll is held, with the sealed packet containing the marked copy of
the Electoral Roll and a new ballot box. (4)
The Presiding Officer
shall open the sealed packet in the presence of the Polling Agents present and
use the marked copy of the Electoral Roll for marking the names of the electors
to whom the ballot papers are issued at the adjourned poll, without however
recording therein the serial number thereof. (5)
The provisions of Rules
35 to 41 and 49 to 62 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 Deputy Commissioner. (2)
The State Election
Commission shall, on receipt of a report from the Returning Officer under
sub-rule (1) and after taking all material circumstances into account, either (a)
declare that the poll at
that Polling Station or place be void, appoint a day, and fix the hours, for
taking fresh poll at that Polling Station or place and notify the date so
appointed and hours so fixed in such manner as it may deem fit; or (b)
if satisfied that in
view of the large number of Polling Stations or places involved in booth
capturing, the result of the election is likely to be affected, or that booth
capturing had affected counting of votes in such a manner as to affect the
result of the election, countermand the election in that constituency. Explanation. For the
purposes 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 poll 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, at any such activity in the
furtherance of the prospects of the election of a candidate. (1)
If at any election: (a)
any ballot box used at a
Polling Station is unlawfully taken out of the custody of the Presiding Officer
or the Returning Officer or is accidentally or intentionally destroyed or lost,
or is damaged or tampered with, to such an extent that the result of the poll
at that Polling Station or the constituency cannot be ascertained; or (b)
any such error or
irregularity in procedure as is likely to vitiate the poll is committed at a
Polling Station; the Returning Officer shall forthwith report the matter to the
State Election Commission. (2)
Thereupon the State
Election Commission shall, after taking all material circumstances into
account, either (a)
declare the poll at that
Polling Station to be void, appoint a day and fix the hours, for taking fresh
poll at that Polling Station and notify the day so appointed and the hours so
fixed in such a manner as it may deem fit; or (b)
if satisfied that the
result of a fresh poll at that Polling Station will not, in any way, affect the
results of the election of that constituency or that the error or irregularity
in procedure is not material, issue such directions to the Returning Officer as
it may deem proper for the further conduct and completion of the election. (3)
Provisions of the Act
and these rules made thereunder 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)
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 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 the State Election Commission. (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 screened from observation. (3)
The Returning Officer
shall provide at each Polling Station sufficient number of ballot boxes, copies
of the relevant part of the Electoral Roll, ballot papers, instruments for
stamping and 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)
persons authorised by
the Deputy Commissioner and the State Election Commission; (d)
candidates, their
Election Agents and 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 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 elector's 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)
In deciding the right of
a person to obtain a ballot paper the Presiding Officer or the Polling Officer
as the case may be, shall overlook merely clerical or printing errors in an
entry in the Electoral Roll if he is satisfied that such person is identical
with the elector to whom such entry relates. (1)
Voters on election duty
who wish to vote by post at an election shall send an application in Form 19 to
the Returning Officer so as to reach, him at least seven days or shorter period
as the Returning Officer may allow before the date of poll and if the Returning
Officer is satisfied that the applicant is on election duty in a Polling
Station other than the one in which he is a voter he shall issue a postal
ballot paper of such constituency. (2)
Where such voter being a
Presiding Officer, a Polling Officer or other public servant on election duty
in a Polling Station other than the one in which he is entitled to vote wishes
to vote in the Polling Station in which he is on election duty, he shall send
an application in Form 19 to the Returning Officer so as to reach him at least
four days or such shorter period as the Returning Officer may allow before the
day of poll/and if the Returning Officer is satisfied that the applicant is a
public servant and voter on election duty, he shall (a)
issue the applicant an
Election Duty Certificate in Form 20; (b)
mark E.D.C. against his
name in the marked copy of the Electoral Roll to indicate that an Election Duty
Certificate has been issued to him; and (c)
ensure that he is not
allowed to vote at the Polling Station where he would otherwise have been
entitled to vote. (3)
(a) The provisions of
Rule 47, shall not apply to any person who produces at the Polling Station an
Election Duty Certificate in Form 20 and asks for the issue of a ballot paper
to him although the Polling Station is different from the one where he is
entitled to vote. (b) On
production of such certificate the Presiding Officer shall (i)
obtain thereon the
signature of the person producing it; (ii)
have the person's name
and Electoral Roll number as mentioned in the certificate entered at the end of
the marked copy of the Electoral Roll; and (iii)
issue to him a ballot
paper and permit him to vote, in the same manner as for an elector entitled to
vote at that Polling Station. The following persons
shall subject to their fulfilling the requirements hereinafter specified, be
entitled to vote by post, namely: (a)
persons to whom
provisions of sub-section (3) or sub-section (6) of Section 20 of the
Representation of the People Act, 1950 (Central Act 43 of 1950) apply; (b)
voters on election duty
in a Polling Station other than the one in which he is entitled to vote; and (c)
electors subject to
Preventive Detention. (1)
The 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). 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. (1)
A postal ballot paper shall
be sent by post under Certificate of Posting to the elector together with (a)
a declaration in Form
21; (b)
a cover in Form 22; (c)
a large cover addressed
to the Returning Officer in Form 23; and (d)
instructions for the
guidance of the elector in Form 24: Provided that the
Returning Officer may, in the case of a voter on election duty who is entitled
to vote by post deliver the ballot paper and forms or cause them to be
delivered to such voter personally. (2)
The Returning Officer
shall at the same time: (a)
record on the
counterfoil of the ballot paper the Electoral Roll number of the elector as
entered in the marked copy of the' Electoral Roll; (b)
mark the name of the
elector in the marked copy of the Electoral Roll to indicate that a postal
ballot paper has been issued to him, without however recording therein the
serial number of the ballot paper issued to that elector; and (c)
ensure that the elector
is not allowed to vote at a Polling Station. (3)
Every officer under
whose care or through whom a postal ballot paper is sent shall ensure its
delivery to the addressed without delay. (1)
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 24
and then enclose it in the cover in Form 23. (2)
The elector shall sign
the declaration in Form 21 in the presence of and have the signature attested
by a Magistrate or any Gazetted Officer to whom he is personally known or to
whose satisfaction he has been identified. (3)
In the case of voters
falling under clause (a) of Rule 42 the attestation shall be by the Commanding
Officer of the unit, ship or establishment in which the voter or her husband,
as the case may be, is employed. (4)
In the case of a voter
on election duty, any Gazetted Officer or the Presiding Officer of the Polling
Station at which he is on election duty, may attest. (5)
In the case of an
elector under Preventive Detention the Superintendent of the jail in which the
elector is under detention may attest. (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)
No person whose name is
not entered in the Electoral Roll of any constituency shall be entitled to vote
in that constituency. (2)
No person shall vote at
an election if he is subject to any of the disqualification referred to in
Section 16 of Representation of the People Act, 1950. (3)
No person shall vote in
more than one constituency notwithstanding his name may have been registered in
the Electoral Roll of more than one constituency and if a person votes in more
than one constituency his votes in all such constituencies shall be void. (4)
No person, shall at any
election vote in the same constituency more than once, notwithstanding that his
name may have been registered in the Electoral Roll for that constituency more
than once, and if he does so vote, all his votes in that constituency shall be
void. (5)
No person shall vote at
any election if he is confined in a prison, whether under a sentence of
imprisonment or otherwise or is in the lawful custody of the police: Provided that nothing in
this sub-rule shall apply to a person subject to Preventive Detention tinder
any law for the time being in force. (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
then be closed, sealed and secured and placed in full view of the Presiding
Officer and the Polling Agent (3)
Where a paper seal is
used for securing a ballot box, the Presiding Officer shall affix his own
signature on the paper seal and obtain thereon the signature of such of the
Polling Agents present who are desirous of affixing the same. (4)
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 there into remains open. (5)
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. (6)
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 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. (7)
Every ballot box used at
a Polling Station shall bear labels, both inside and outside, marked with, (a)
the serial number, if
any and the name of the constituency; (b)
the serial number and
name of the Polling Station; (c)
the serial number of the
ballot box (to be filled in at the end of the poll on the label outside the
ballot box only); and (d)
the date of poll. 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)
On such deposit being
made, the Presiding Officer shall: (a)
warn the person
challenged of the penalty of 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 25; (d)
require him to affix his
signature or left thumb impression 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 in proof of his identity; (b)
put to the person
challenged any question for the purpose of establishing his identity and
require him to answer him on oath; and (c)
administer the 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
the 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 fingers 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)
Every ballot paper
before it is issued to an elector and the counterfoil attached thereto shall be
stamped on the back with such distinguishing mark 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)
At the time of issuing a
ballot paper to an elector, the polling officer shall (a)
record on its counterfoil
the Electoral Roll number of the elector as entered in the marked copy of the
Electoral Roll; (b)
obtain the signature or
thumb impression of that elector on the said counterfoil; and (c)
mark the name of the
elector in the marked copy of the Electoral Roll to indicate that a ballot
paper has been issued to him, without however recording therein the serial
number of the ballot paper issued to that elector: Provided that no ballot
paper shall be delivered to an elector unless he has put his signature or thumb
impression on the counterfoil of that ballot paper. (3)
It shall not be
necessary for any Presiding Officer or Polling Officer or any other officer to
attest the thumb impression of the elector on the counterfoil. (4)
No person in the Polling
Station shall note down the serial numbers of the ballot papers issued to
particular electors. (1)
Every elector to whom a
ballot paper has been issued under Rule 53 or under any other provision of
these rules, shall maintain secrecy of voting within the Polling Station and
for that purpose observe the voting procedure hereinafter laid down. (2)
The elector on receiving
the ballot paper shall forthwith, (a)
proceed to one of the
voting compartments; (b)
there make a mark on the
ballot paper with the instrument 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)
if required show to the
Presiding Officer the distinguishing mark on the ballot paper; (e)
insert the folded ballot
paper into the ballot box; and (f)
quit the Polling
Station. (3)
Every elector shall vote
without undue delay. (4)
No elector shall be
allowed to enter a voting compartment when another elector is inside it. (5)
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. (6)
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. (7)
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". (8)
Without prejudice to any
other penalty to which an elector from whom a ballot paper has been taken back
under sub-rule (5) may be liable, the vote, if any, recorded on such ballot
paper shall not be counted. (1)
If the Presiding Officer
is satisfied that owing to blindness or other physical infirmity an elector is
unable to recognise the symbols on the ballot paper or to make a mark thereon
without assistance, the Presiding Officer shall permit the elector to take with
him a companion of not less than eighteen years of age to the voting
compartment for recording the vote on the ballot paper on his behalf and in
accordance with his wishes, and if necessary, for folding the ballot paper so
as to conceal the vote and inserting into the ballot box: 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, the 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 Polling Station on that day. (2)
The Presiding Officer
shall keep a record in Form 26 of all cases under this rule. (1)
If a person representing
himself to be a particular elector applies for a ballot paper 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
entitled, subject to the following provisions of this rule, to mark a ballot
paper (hereinafter in these rules referred to as a "tendered ballot
paper") in the manner as any other elector. (2)
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 27. (3)
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 hand signed
by him. (4)
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. (1)
The Presiding Officer
shall close the Polling Station at the hour fixed in that behalf and shall not
thereafter admit any elector into the Polling Station: Provided that all
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)
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 28 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 therefore 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. (1)
The Presiding Officer
shall then make into separate packet: (a)
the marked copy of the
Electoral Roll; (b)
the counterfoils of the
used ballot papers; (c)
the ballot paper signed
in full by the Presiding Officer but not issued to the voters; (d)
any other ballot papers
not issued to the voters; (e)
the ballot papers
cancelled for violation of voting procedure under Rule 54; (f)
any other cancelled
ballot paper; (g)
the cover containing the
tendered ballot papers and the list in Form 27; (h)
the list of challenged
votes; and (i)
any other papers
directed by the State Election Commission to be kept in a sealed packet. (2)
Each such packet shall
be sealed with the seals of the Presiding Officer and with the seals either of
the candidate or of his Election Agent or of his Polling Agent who may be
present at the Polling Station and may desire to affix his seals 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 ballot boxes; (b)
the ballot paper
account; (c)
the sealed packets
referred to in Rule 61; and (d)
all other papers used at
the poll. (2)
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)
A contesting candidate
or his Election Agent may appoint not more than one Counting Agent in respect
of each counting table at the place or at each of the places fixed for counting
to be present as his agents at the time of counting of votes of the constituency
in which he is a candidate. (2)
Every such appointment
shall be made in Form 29 and a copy thereof shall be forwarded to the Returning
Officer, another copy shall be made over to the Counting Agent for the
production before the Returning Officer not latter than one hour before the
time fixed for counting of votes. (3)
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. (4)
The revocation of an
appointment of a Counting Agent shall be made in Form 30 lodged with the
Returning Officer. (5)
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 one 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)
The Returning Officer
shall exclude from the place fixed for counting of votes all persons except: (a)
such persons to be known
as counting supervisors and Counting Assistants as he may appoint to assist him
in the counting; (b)
persons authorised by
the State Election Commission or the Deputy Commissioner; (c)
public servants on duty
in connection with the election; and (d)
candidates, their
Election Agents and Counting Agents. (2)
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). (3)
The Returning Officer
shall decide which Counting Agent or agents shall watch the counting at any
particular counting table or group of counting tables. (4)
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 Section 29
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 23
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 21 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 paper as entered
in it differs from the serial number endorsed on the cover in Form 22 that
cover shall not be opened and after making an appropriate endorsement thereon
the Returning Officer shall reject the ballot paper therein contained. (5)
Each cover so endorsed
and the declaration received with it shall be replaced in the cover in Form 23
and all such covers in Form 23 shall be kept in separate packet which shall be
sealed and on which shall be recorded the name of the constituency, the date of
counting and a brief description of its contents, (6)
The Returning Officer
shall then place all the declarations in Form 21 which he has found to be in
order in a separate packet which shall be sealed before any cover in Form 22 is
opened and on which shall be recorded the particulars referred to in sub-rule
(5). (7)
The covers in Form 22
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 postal ballot paper
shall be rejected (i)
if it bears any mark
(other than the mark to record the vote) or writing by which the elector can be
identified; or (ii)
if no vote is recorded
thereon, or (iii)
if votes are given on it
in favour of more candidates than the candidates to be elected; or (iv)
if it is a spurious
ballot paper; or (v)
if it is so damaged or
mutilated that its identity as a genuine ballot paper cannot be established; or (vi)
if it is not returned in
the cover sent along with it to the elector by the Returning Officer. (9)
A vote recorded on a
postal ballot shall be rejected if the mark indicating the vote is placed on
the ballot paper in such a manner as to make it doubtful to which candidate the
vote has been given. (10)
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. (11)
The Returning Officer
shall count all the valid votes given by postal ballot in favour of each
candidate, record the total thereof in the result sheet in Form 31 and announce
the same. (12)
Thereafter all the valid
ballot papers and all the rejected ballot papers shall be separately bundled
and kept together in a packet which shall be sealed with the seals of the
Returning Officer and of such of the candidates, their Election Agents as may
desire to affix their seals thereon and on the packets so sealed shall be
recorded the name of the constituency, the date of counting and a brief
description of its contents. (1)
The Returning Officer
shall open or cause to be opened simultaneously the ballot boxes used at more
than one Polling Station of a constituency and shall have the total number of
ballot papers found in such boxes counted and recorded in Part II of Form 28. (2)
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 28 minus 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 28. (3)
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. (4)
The Returning Officer
shall satisfy himself that none of the ballot boxes has in fact been tampered
with. (5)
If the Returning Officer
is satisfied that any ballot box has in fact been tampered with, he shall not
count the ballot papers contained in that box and shall follow the procedure
laid down in Rule 33 in respect of that Polling Station. (1)
Subject to such general
or special directions, if any, as may be given by the State Election Commission
in this behalf, the ballot papers taken out of each ballot box shall be
arranged in convenient bundles and scrutinised. (2)
The Returning Officer
shall reject a ballot paper, (i)
if it bears any mark or
writing by which the elector can be identified; or (ii)
if it bears no mark at
all to indicate the vote or it bears a mark elsewhere than on or near the
symbol of the candidate on the face of the ballot paper or if it bears a mark
made otherwise than with the instrument supplied for the purpose; or (iii)
if votes are given on it
in favour of more candidates than the candidates to be elected; (iv)
if the mark indicating a
vote thereon is placed in such manner as to make it doubtful to which candidate
vote has been given; or (v)
if it is a spurious
ballot paper; or (vi)
if it is so damaged or
mutilated that its identify as a genuine ballot paper cannot be established; or (vii)
if it bears a serial
number or is of a design, different from the serial number, or design, as the
case may be, of the ballot papers authorised for use at the particular Polling
Station; or (viii)
if it does not bear both
the mark and the signature which it should have borne under the provision of
the sub-rule (1) of Rule 53: Provided that where the
Returning Officer is satisfied that any such defect as is mentioned in clause
(g) or clause (h) has been caused by any mistake or failure on the part of a
Presiding Officer or Polling Officer, the ballot paper shall not be rejected
merely on the ground of such defect: Provided further 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 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. (4)
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. (5)
All ballot papers
rejected under this rule shall be bundled together. (6)
Every ballot paper which
is not rejected under this rule shall be counted: Provided that no cover
containing tendered ballot paper shall be opened and no such ballot paper shall
be counted. (7)
After the counting of
all ballot papers contained in all the ballot boxes used in the constituency
has been completed, the Returning Officer shall make the entries in a result
sheet in Form 31 and announce the particulars. [14][(8)
Where then State Election Commission given any general or special direction
order sub-rule (1) to mix the ballot papers before commencing the counting of
ballot papers, the Returning Officer shall, in lieu of Forms 28 and 31, use
Forms 28-A and 31-A respectively.] 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 sealed with his
own seal and the seals of such candidates or 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 31
the total number of votes polled by each candidate and announce the same. (2)
After such announcement
has been made, a candidate or in his absence his Election Agent or any of his
Counting Agents may apply in writing to the Returning Officer to recount the
votes either wholly or in part stating the grounds on which he demands such
recount. (3)
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. (4)
Every decision of the
Returning Officer tinder sub-rule (3) shall be in writing and contain the
reasons therefor. (5)
If the Returning Officer
decides under sub-rule (3) to allow a recount of the votes either wholly or in
part he shall, (a)
do the recounting in
accordance with the rules applicable for counting; (b)
amend the result sheet
in Form 31 to the extent necessary after such recount; and (c)
announce the amendments
so made by him. (6)
After the total number
of votes polled by each candidate has been announced under sub-rule (1) or
sub-rule (5), the Returning Officer shall complete and sign the result sheet in
Form 31 and no application for recount shall be entertained thereafter: Provided that no step
under this sub-rule shall be taken on the completion of counting until the
candidate and Election Agents present at the completion thereof have been given
a reasonable opportunity to exercise the right conferred by sub-rule (2). The valid ballot papers
of each candidate 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 name of the
constituency and (b)
the date of counting. If after the 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 those candidates to
be declared elected, the Returning Officer shall forthwith decide between these
candidates by lot and proceed as if the candidate on whom the lot falls had
received an additional vote. The Returning Officer
shall, subject to Rule 73. (i)
in the case of election
from a Zilla Panchayat and Taluk Panchayat constituency. (a)
declare in Form 32 or 33
as may be appropriate, the candidate to whom the largest number of valid votes
has been given to be elected and send signed copies thereof to the Government,
the State Election Commission, the Commissioner and the Deputy Commissioner, (b)
complete and certify the
returns of election in Form 36 and send signed copies thereof to Government,
State Election Commission, the Commissioner and the Deputy Commissioner. (ii)
in the case of election
from a Grama Panchayat constituency; (a)
where there are only
non-reserved seats declare in Form 34 or 35 as may be appropriate such number
of candidate equal to the number of seats in the constituency as have secured
the highest number of votes in the descending order, to be duly elected; (b)
where the seats to be filled
include one or more seats reserved for the Scheduled Castes, the Scheduled
Tribes, the Backward Classes or the women, first declare in that order in the
Form 34 or 35 as may be appropriate such candidate or candidates qualified to
be chosen to fill the reserved seat or seats, who have secured the largest
number of votes, to be duty elected to the reserved seat or seats as the case
may be, and thereafter declare from among the remaining candidates (including
those who are qualified to be chosen for the reserved seat or seats) such of
the candidates as have secured the highest number of votes in the descending
order to be duly elected to non-reserved seats; and (c)
complete and certify the
return of election in Form 36 and send signed copies thereof to the State
Election Commission and the Deputy Commissioner. As soon as may be after
a candidate has been declared by the Returning Officer under the provisions of
Rule 29 or 74 to be elected, the Returning Officer shall grant to such
candidate a Certificate of Election in Form 37 and obtain from the candidate an
acknowledgement of its receipt duly signed by him and immediately send the
acknowledgement by Registered Post to the Deputy Commissioner. The Deputy Commissioner
shall, as soon as conveniently may be, publish the list containing the names of
the members elected or deemed to have been elected to Grama Panchayat by causing
such list to be affixed on the notice board of his office, office of the
Tahsildar, concerned Grama Panchayat and in the chavadi. (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 the counterfoils attached thereto; (b)
the packets of used
ballot papers whether valid, tendered or rejected; (c)
the packets of the
counterfoils of used ballot papers; (d)
the packets of the
marked copy of the Electoral Roll; (e)
the packets of the
declarations by electors 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 issued
ballot papers with counterfoils attached thereto; (b)
the packets of used
ballot papers whether valid, tendered or rejected; (c)
the 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. (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
that the Returning Officer forwards under Rule 74 shall be furnished by the
Returning Officer on payment of a fee of five rupees for each such copy. Subject to any
directions to the contrary given by the State Election Commission or by a
competent court: (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 78 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 15 shall either be returned to the person making it or his legal
representative or be forfeited to the Zilla Panchayat or Taluk Panchayat or
Grama Panchayat, as the case may be. (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 the total number of valid
votes polled by all the candidates or in the case of election of more than one
member at the election one-sixth of the total number of valid votes so polled
divided by the number of members to be elected: Provided that in case of
a candidate belonging to the Scheduled Castes, the Scheduled Tribes, the
Backward Classes or women, the deposit shall not be forfeited unless the number
of valid votes 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
constituency, 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. (1)
The time within which a
person elected by more than one constituency may choose the constituency which
he shall serve by delivering a notice to the Deputy Commissioner under Section
14, 131 or 170 shall be, (a)
seven days from the date
on which he is declared to be elected; or (b)
where the dates of such
declaration are different in respect of different seats, seven days from the
last of those dates. When any vacancy occurs
due to the disablement, death, resignation, disqualification, absence without
leave or removal of member of the Grama Panchayat or Taluk Panchayat or Zilla
Panchayat, the Secretary of the Grama Panchayat or the Executive Officer of
Taluk Panchayat or the Chief Executive Officer of Zilla Panchayat, as the case
may be, shall give notice of such vacancy within seven days from the date of
its occurrence, to the Deputy Commissioner as well as State Election
Commission. The Deputy Commissioner with the approval of State Election
Commission shall thereupon take action in the manner provided in these rules
for the election of a member in such vacancy. An order of requisition
under Section 271 shall be served: (a)
where the person to whom
such order is addressed is a corporation or firm, in the manner provided for
the service of summons in Rule 2 of Order XXIX or Rule 3 of Order XXX, as the
case may be, in the First Schedule to the Code of Civil Procedure, 1908 (Act V
of 1908); and (b)
where the person to whom
such order is addressed is an individual (i)
personally by delivering
or tendering the order; or (ii)
by Registered Post; or (iii)
if the person cannot be
found, by leaving an authentic copy of the order with any adult member of his
family or by affixing such copy to some conspicuous part, of the premises in
which he is known to have last resided or carried on business or personally worked
for gain. The Karnataka Zilla
Parishads, Taluk Panchayat Samities, Mandal Panchayats and Nyaya Panchayats
(Conduct of Election) Rules, 1985 are hereby repealed. [1] Substituted
by Notification No. RDP 113 ZPS 98, dated 20-11-1998, for the followings:- "Secretary of Grama Panchayat or the
officer authorised under sub-section (3) of Section 10 of the Act in the case
of Grama Panchayat and the Executive Officer or an officer authorised under
sub-section (3) of Section 126 of the Act in the case of Taluk Panchayat" [2] Substituted
by Notification No. RDP 113 ZPS 98, dated 2041-1998, for the followings:- "The Secretary or the officer authorised
under sub-section (3) of Section 10 in the case of Grama Panchayat and
Executive Officer or an officer authorised under sub-section (3) of Section 126
in the case of Taluk Panchayat" [3] Substituted
by Notification No. RDP 127 ZPS 98, dated 23-10-1998, w.e.f. 26-10-1998, for
the followings:- "constituency" [4] Inserted
Rule 14-A by Notification No. RDP 207 GPS 99, dated 19-1-2000. [5] Substituted
by Notification No. RDP 131 TPS 96, dated 23-3-1998, w.e.f. 23-3-1998, for the
followings:- "two hundred and fifty" [6] Substituted
by Notification No. RDP 131 TPS 96, dated 23-3-1998, w.e.f. 23-3-1998, for the
followings:- "one hundred and twenty" [7] Substituted
by Notification No. RDP 131 TPS 96, dated 23-3-1998, w.e.f. 23-3-1998, for the
followings:- "one hundred" [8] Substituted
by Notification No. RDP 131 TPS 96, dated 23-3-1998, w.e.f. 23-3-1998, for the
followings:- "fifty" [9] Inserted
Proviso and Explanation by Notification No. RDP 200 ZPS 94, dated 23-3-1994. [10] Inserted
by Notification No. RDP 200 ZPS 94, dated 23-3-1994. [11] Inserted
by Notification No. RDP 200 ZPS 94, dated 23-3-1994. [12] Substituted
by Notification No. RDP 324 ZPS 97, dated 4-4-1998, for the followings:- "withdrawal of candidature" [13] Substituted
by Notification No. RDP 200 ZPS 94, dated 20-2-1995, for the followings:- "President of the party's unit at the
State level" [14] Inserted
Sub-rule (8) by Notification No. RDP 200 ZPS 94, dated 7-3-1995.KARNATAKA
PANCHAYAT RAJ (CONDUCT OF ELECTION) RULES, 1993
PREAMBLE