KARNATAKA
PANCHAYAT RAJ (ELECTION OF MEMBERS [1][x
x x] OF THE DISTRICT PLANNING COMMITTEE) RULES, 1996 Whereas, the draft of
the Karnataka Panchayat Raj (Election of Members and Chairman of the District
Planning Committee) Rules, 1996 in Notification No. RDP 1205 ZPS 94, dated
12-8-1996 was published in the Part IV, Section 2-C(i) of the Karnataka
Gazette, Extraordinary, dated 16-8-1996 as required by Section 311 of Karnataka
Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) inviting objections and
suggestions to the said draft from persons likely to be affected thereto within
30 days of its publication in the Official Gazette. And, whereas, the said
Gazette was made available to the public on 16-8-1996. And, whereas, no
objections or suggestions have been received by the State Government in respect
of the said draft. Therefore, in exercise
of the powers conferred by Section 311 of the Karnataka Panchayat Raj Act, 1993
(Karnataka Act 14 of 1993) read with Section 311 of the said Act the Government
of Karnataka hereby makes the following rules namely:-- (1)
These rules may be
called the Karnataka Panchayat Raj (Election of Members [2][x x x]
of the District Planning Committee) Rules, 1996. (2)
They shall come into
force at once. In these rules, unless
the context otherwise requires-- (1)
"Act" means
Karnataka Panchayat Raj Act, 1993; (2)
"Chairman" means
the Chairman of the District Planning Committee; (3)
"Municipal
Constituency" means constituency comprising of elected members of Town
Panchayats, Councillors of the City Municipal Corporation and City and Town
Municipal Councils in the District; (4)
"Panchayat
Constituency" means a constituency comprising of elected members of the
Zilla Panchayat; (5)
"Returning
Officer" means the Chief Executive Officer of the Zilla Panchayat; (6)
"Section"
means a section of the Act. The Government shall
while specifying the number of persons under clause (e) of sub-section (2) of
Section 310 indicate the number of persons to be elected from the Panchayat
Constituency and Municipal Constituency. (1)
All the elected members
of the Zilla Panchayat shall be voters of Panchayat constituency and all
elected members of Town Panchayats and elected Councillors of City Municipal
Corporations and City and Town Municipal Councils in the district shall be
voters of the Municipal Constituency; and they shall be entitled to be included
in the list of voters of the Panchayat Constituency and Municipal Constituency,
respectively. (2)
No person shall vote at
an election under these rules more than once and if he votes more than once,
all his votes shall be deemed to be void. The Chief Executive
Officer shall cause to be prepared lists of voters in Kannada separately for
Panchayat Constituency and Municipal Constituency. (1)
If the Chief Executive
Officer on application made to him or on his own motion, is satisfied after
such enquiry as he thinks fit, that any entry in the list of voters is
erroneous or defective he shall amend or delete the entry. (2)
No amendment or deletion
of any entry in list of voters made after the last date for making nomination
to an election under these rules and before completion of such election shall
form part of the list of voters for such election. For the purposes of
constituting a District Planning Committee or after the expiry of the term of a
District Planning Committee or for the purpose of filling any casual vacancy in
the office of the members of the District Planning Committee, the Returning
Officer shall, issue notice under Rule 8 calling upon the Panchayat
Constituency and Municipal Constituency to elect members in accordance with the
provisions of these rules. The Returning Officer
shall cause a notice to be published on the notice boards of the Zilla
Panchayat, Town Panchayats, City and Town Municipal Councils and City Municipal
Corporations in the District, stating.-- (a)
The number of persons to
be elected in Panchayat Constituency and Municipal Constituency; (b)
the place, time and the
last date which shall not be less than ten days from the date of publication of
the notice for making nominations; (c)
the date for scrutiny of
nominations which shall be the second day after the date for making nomination
or if that day is a public holiday, the next succeeding day which is not a
public holiday; (d)
last day for withdrawal
of nominations, which shall be the third day after the date of scrutiny of
nominations or if, that day is a public holiday the next succeeding day which
is not a public holiday; (e)
the date, which shall
not be less than five days from the date of publication of the notice, on which
and the hours during which, poll shall, if necessary, be taken; (f)
.. the date, place and
time for counting of votes; (g)
the date before which
election shall be completed, (1)
On or before the date
and time appointed under clause (b) of Rule 8, each candidate shall, either in
person or by his proposer, deliver to the Returning Officer, a nomination paper
completed in Form I and signed by the candidate and by a voter as proposer. (2)
The same person may sign
as proposer as many nomination papers as there are vacancies to be filled. Each
candidate shall be nominated by a separate nomination paper. (3)
Where any person has
signed as proposer, larger number of nomination papers than there are vacancies
to be filled, only those of the nomination papers so signed which have been
first received up to the number of vacancies to be filled shall be deemed to
have been accepted. (4)
The Returning Officer
shall on receiving a nomination paper, enter in the nomination paper its Sl.
No., the date on which and the hours at which the nomination paper has been
delivered to him and shall verify the names and number of the proposer and the
candidate in the list of voter. (5)
Nomination papers
received after the date and the time appointed under clause (b) of Rule 8 shall
be rejected. As soon as may be, after
the expiry of the time fixed for making nominations the Returning Officer shall
publish in Form 2 a list of all the nominations received with a notice that the
nomination papers shall be scrutinised on the date appointed under clause (c)
of Rule 8 at the place, and hour specified in the notice. (1)
On the date fixed under
clause (c) of Rule 8 for the scrutiny of nominations, the candidates 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. (2)
The Returning Officer
shall then examine the nomination papers and shall decide all the objections
which may be made at the time of scrutiny of any nomination and may, either on
such objection or on his own motion, after such summary enquiry, if any, as he
deems necessary reject any nomination. (3)
On the same day
immediately after the scrutiny of nomination papers the Returning Officer shall
prepare a list of validly nominated candidates constituency wise and publish it
by affixing on the notice board of the office of Zilla Panchayat. (1)
Any candidate may
withdraw his candidature by notice in writing subscribed by him and delivered
by him in person or by his proposer to the Returning Officer before the date
fixed under clause (d) of Rule 8 and on receipt of such notice the Returning
Officer shall note thereon the date and time at which it was delivered and by whom
it was delivered. Immediately after the
expiry of the period within which candidatures may be withdrawn under sub-rule
(1), the Returning Officer shall prepare in Kannada alphabetical order in Form
3 a list of candidates whose nominations are in order and who have not
withdrawn their candidature and cause it to be affixed on the notice board of
the office of the Zilla Panchayat. (1)
If the number of contesting
candidates who are duly nominated exceeds the number of seats to be filled,
there shall be an election by ballot. (2)
If the number of
contesting candidates duly nominated are equal to or less than the number of
vacancies to be filled, all such candidates shall be declared to be duly
elected, Every ballot paper shall
be in Form 4 and shall contain the names of the candidates in Kannada in the
same order in which they appear in Form 3. (1)
Every person whose name
is included in the list of voters shall have as many votes as there are members
to be elected on behalf of the constituency, but he shall not give more than
one vote to any candidate. (2)
The Returning Officer
shall provide a ballot box and it shall be sealed and locked in the presence of
candidates. (3)
Every voter shall be
supplied with a ballot paper. At the time of issuing a ballot paper to a voter
the Returning Officer shall sign in full on the back of the ballot paper,
record the serial number thereof in the counter foil of the ballot paper, put
the official seal and also mark the name of the voter in the voter list. (4)
The voter shall on
receipt of the ballot paper, proceed to the place where the ballot box is kept
and then make a mark on the ballot paper with the instrument supplied for the
purpose against the names of the candidates to whom he wishes to vote. Then he
shall fold and insert it into the ballot box. (5)
If owing to blindness or
other physical infirmity a voter is unable to read the name of the candidates
on the ballot paper or to make a mark thereon, the Returning Officer shall
record the vote on the ballot paper in accordance with the wishes of the voter
and fold it so as to conceal the vote and insert it into the ballot box. While
acting under this sub-rule the Returning Officer shall observe such secrecy as
is feasible and shall keep a brief record of each such instance, but shall not
indicate therein the manner in which any vote has been given. (6)
The voter who had
inadvertently dealt with a ballot paper in such manner that it cannot be
conveniently used as a ballot paper, may on returning it to the Returning
Officer and on satisfying' the inadvertence be given another ballot paper and
the ballot paper so returned shall be marked "spoilt/cancelled'' by the
Returning Officer. If a voter after obtaining a ballot paper decides not to use
it, he shall return the same to the Returning Officer and the same shall be
marked as "Returned/cancelled" by the Returning Officer. (1)
On the day and at the
place and time fixed under clause (f) of Rule 8 and in the presence of
candidates present the Returning Officer shall open the ballot box and count
the number of ballot paper taken out therefrom. (2)
The Returning Officer shall
reject a ballot paper.-- (a)
if it bears any mark or
writing by which the voter can be identified; or (b)
if no vote is recorded
thereon; or (c)
if votes are given in
favour of candidates more than the candidates in the constituency concerned; (d)
if the mark indicated
thereon is placed in such a manner as to make it doubtful to which candidate
the vote has been given; or (e)
if it is spurious ballot
paper; or (f)
if it does not bear both
the official seal and the signature of the Returning Officer: Provided that a ballot
paper shall not be rejected merely on the ground that the mark indicating the
vote is indistinct or made more than once, if the intention that the vote shall
be for a particular candidate clearly appears from the way the paper is marked.
- (3)
Before rejecting any
ballot paper under sub-rule (2) the Returning Officer shall allow each
candidate a reasonable opportunity to inspect the ballot paper but shall not
allow him to handle it or any other ballot paper. (4)
After completion of
counting the Returning Officer shall record in a statement the total number of
votes polled by each candidate and announce the same. (5)
After such announcement
has been made the Returning Officer may, either on his own initiative or at
the, instance of any candidate recount the votes. (6)
When a recount of votes
is made under sub-rule (5), the Returning Officer shall amend the statement
referred to in sub-rule (4) to the extent necessary after such recount and
announce the amendments so made by him. After completion of the
counting or recounting of votes, as the case may be, under Rule 17 the
Returning Officer shall declare such number of candidates equal to the number
of seats in the concerned constituency as have secured the highest number of
votes in the descending order to be duly elected. If, when a poll has been
taken at an election an equality of votes is found to exist between any two or
more candidates and the addition of one vote will entitle any of the candidates
to be declared elected, the Returning Officer shall after intimation to the
candidates, 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 had
received an additional vote. The provision for the
election of members of District Planning Committee shall mutatis mutandis be
applicable for the purpose of filling up of casual vacancies in the office of
members of the Committee. (1)
The Returning Officer
shall keep in safe custody all papers relating to the elections. (2)
On the expiry of three
months from the date of publication of the names of the elected members of the
District Planning Committee or one month after the disposal of election
petition, or appeal if any, whichever is later, all the papers relating to the
election shall be destroyed. (1)
The Members of a
District Planning Committee elected under these rules shall hold office till
they cease to be members of Zilla Panchayat and Town Panchayat or as the case
may be Councillors of City Municipal Corporation and City and Town Municipal
Councils. [3][x x
x] [4][The
District Planning Committee shall be deemed to be constituted with the
declaration of names of candidates as elected under Rule 18.] (1)
No election of the
member [5][x
x x] of the District Planning Committee shall be called in question except by
an election petition before the District Judge having jurisdiction over the
local limits of the Committee presented by any candidate in such election or by
any other member within fifteen days from the date of the election on one or
more grounds specified in Rule 27 and Rule 28. The election petition under this
rule shall be accompanied by a deposit of two hundred rupees as security for
costs. (2)
Every petition under
sub-rule (1) shall be accompanied by as many copies as there are respondents
mentioned in the petition and every such copy shall be attested by the
petitioner under his own signature to be a true copy of the petition. (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)
(i) A petition under
sub-rule (1).-- (a)
shall contain a concise
statement of materials on which the petition 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; (ii)
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; or (b)
that the election of the
returned candidate is void and that he himself or any other candidate has been
duly elected. 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. 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; (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. If any candidate who has
presented the election petition has, in addition to calling in question the
election of the returned candidate, claimed a declaration that he himself or
any other candidate has been duly elected and the District Judge is of the
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. [1] Omitted
by Notification No. RDP 397 ZPS 97, dated 8-5-1998, for the followings:- "and Chairman" [2] Omitted
by Notification No. RDP 397 ZPS 97, dated 8-5-1998, for the followings:- "and Chairman" [3] Omitted
by Notification No. RDP 397 ZPS 97, dated 8-5-1998. [4] Substituted
by Notification No. RDP 397 ZPS 97, dated 8-5-1998. [5] Omitted
by Notification No. RDP 397 ZPS 97, dated 8-5-1998, for the followings:- "and Chairman"KARNATAKA
PANCHAYAT RAJ (ELECTION OF MEMBERS [x x x] OF THE DISTRICT PLANNING
COMMITTEE) RULES, 1996
PREAMBLE