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MADHYA PRADESH PANCHAYAT NIRVACHAN NIYAM, 1995

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MADHYA PRADESH PANCHAYAT NIRVACHAN NIYAM, 1995

MADHYA PRADESH PANCHAYAT NIRVACHAN NIYAM, 1995[1]

PREAMBLE

In exercise of the powers conferred by sub-section (1) of Section 95 read with Section 43 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 95 of the said Act, namely :

CHAPTER I PRELIMINARY

Rule - 1. Short title and commencement.

(1) These rules may be called the Madhya Pradesh Panchayat Nirvachan Niyam, 1995.

(2) They shall come into force with effect from the date of their publication in the "Madhya Pradesh Gazette".

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,

(a) "Act" means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994);

(b) "Appellate Authority" means the officer designated by the State Election Commission as Appellate Authority in the consultation with the State Government to hear appeals under these Rules;

(d) "Constituency" means a Constituency of Janpad Panchayat within the Block and Zila Panchayat within the District;

[2][(e) "District Election Officer" means the officer appointed by the State Election Commission as District Election Officer (Panchayat) in consultation with the State Government for preparation of voters' list and conduct of elections to Panchayats in a district);

(f) "Form" means a form appended to these rules;

(g) "Marked copy of the voters' list" means the copy of the voters' list set apart for the purpose of marking the names of voters to whom ballot papers are issued at an election;

(h) "Registration Officer" means the Electoral Registration Officer appointed by State Election Commission, in consultation with the State Government for registration of voters for election to Panchayats in a district and includes an Assistant Electoral Registration Officer;

(i) "Returning Officer" means Returning Officer (Panchayat) appointed by the State Election Commission, or when so authorised by the State Election Commission, by the District Election Officer as a Returning Officer for election to any Panchayat;

(j) "Voters' List" means the elector roll or the list of voters of a ward or constituency of a Panchayat;

(k) " Village" means a village as specified under Section 3 of the Act;

(l) "Ward" means the ward of a village.

CHAPTER II FORMATION OF WARDS AND CONSTITUENCIES AND RESERVATION

Rule - 3. Matters to be taken into consideration in formation of wards.

[3][(1) A "Village" shall be divided into wards in accordance with the provisions of Section 12 of the Act, on the following events,

(a) During the first election; or

(b) in case limits of "Village" is altered by including therein any local area in the vicinity thereof or excluding therefrom any local area comprised therein; or

(c) At the interval of every ten years, if the ratio between the population of Gram Panchayat area and number of wards is distorted in such a manner that it is not practicable to be the same as it is throughout the block].

(2) Where there are more than one ward in a village, the Collector shall form each ward so as to conform, as far as possible, to the order in which the houses of the voters fall in consecutive order.

(3) Each wards shall assigned a separate serial number.

(4) The wards formed under this rule shall be notified by the Collector by affixing a statement thereof on the Notice Board of the Collector's office as well as at a conspicuous place in each village of the Gram Panchayat area.

(5) Any adult inhabitant of the Gram Panchayat area may, if he objects to anything contained in statement affixed under sub-rule (4), submit his objection in writing to the Collector within five days from the date of the affixture of the statement.

(6) On receipt of the objections, if any, the Collector shall hold a summary inquiry into every objection and shall record his decision thereon.

(7) The Collector shall thereafter amend the statement according to his decision the number of wards and seats reserved for the members of Scheduled Castes, Scheduled Tribes, Other Backward Classes and for women and they shall be finally notified by him in the manner prescribed in sub-rule (4).

[4][(8) Once the number of wards and their area is determined by the Collector, in the manner prescribed in sub-rules (1) to (7), the number of wards and their area shall remain the same in subsequent elections, unless any of the events mentioned in sub-rule (1) happens and in subsequent elections, the Collector shall notify and publish a statement of wards and the area thereof number of wards reserved for Scheduled Castes, Scheduled Tribes, Other Backward Classes and women in the manner prescribed in sub-rule (4).]

Rule - 4. Powers of Collector to determine reserved seats for wards.

(1) Subject to the provisions of Section f 3, the ward or wards in which seats shall be reserved for women and the members of the Scheduled Castes or Scheduled Tribes or Other Backward Classes shall be determined by the Collector :

[5][Provided that in Scheduled areas the seats for Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be reserved in accordance with the provisions of Section 129-E of the Act.]

(2) The total number of seats to be reserved for the members of Scheduled Castes or Scheduled Tribes shall be in proportion to the total population of such caste and tribe with the total population of the Gram Panchayat area. Fraction less than half shall be ignored and half and more than half shall be counted as one.

[6][(3) Seats reserved either for the Scheduled Castes or the Scheduled Tribes shall as far as practicable, be allotted in the wards in which the percentage of population of the Scheduled Castes or the Scheduled Tribes, as the case may be, worked out by the Collector is found by him to be correspondingly higher in descending number :

Provided that in Scheduled areas, at first instance, reservation of seats for Scheduled Tribes shall be determined in accordance with the provision of sub-rule (3) and if any shortfall remains, remainder seats shall be reserved for Scheduled Tribes by drawing of lots and by rotation.]

(4) In a Gram Panchayat where fifty per cent or less than fifty per cent wards have been reserved both for the Scheduled Castes and for Scheduled Tribes, twenty five per cent of the total number of seats shall be reserved for Other Backward Classes and such seats shall be allotted by the Collector in the wards excluding the wards reserved for the Scheduled Castes and the Scheduled Tribes by rotation and drawing of lots :

[7][Provided that in Gram Panchayat in Scheduled areas, such number of seats shall be reserved for persons belonging to Other Backward Classes, which together with the seats, already reserved for Scheduled Castes, and Scheduled Tribes if any, shall not exceed three-fourths of all the seats in that Gram Panchayat, by rotation and drawing of lots.]

(5) Out of the wards reserved for women in accordance with sub-section (5) of Section 13 number of wards shall be reserved for women of Scheduled Castes or Scheduled Tribes and/or Other Backward Classes as may bear, as nearly as may be, the same proportion to the total number of seats reserved for women as the total number of wards reserved for Scheduled Castes or Scheduled Tribes and/or Other Backward Classes bear to the total number of wards in the Gram Panchayat area. Seats for women belonging to Scheduled Castes, Scheduled Tribes and/or Other Backward Classes shall be allotted from out of the wards reserved for Scheduled Castes and/or Scheduled Tribes and/or Other Backward Classes under sub-rule (3) and under sub-rule (4). Seats belonging to women of general category be allotted from out of the remaining wards.

(6) (a) The prescribed authority shall, for the purpose of fixing the wards in which seats shall be allotted, under sub-rules [8][x x x] (4) and (5) draw lots separately for the wards reserved for [9][x x x] Other Backward Classes and for women.

(b) For the purpose of allotting wards the prescribed authority shall publish a notice at a conspicuous place at the headquarter of the concerned Gram Panchayat stating that the lots shall be drawn in the office to be named in such notice and on the date and at the time specified therein before the persons who are present to witness the drawal of lots.

(c) For the purposes of allotment of wards for women separate chits shall be prepared for general wards and wards reserved for Scheduled Castes and/or Scheduled Tribes and/or Other Backward Classes giving the individual number of wards on each of such chit. All the chits meant for general wards shall be kept in one pot and those chits for reserved wards shall be kept in separate pot/pots. As many chits as are required for allotment of seats for women of general category shall be drawn out and the number of wards written on the chits, shall be read out before the persons witnessing the draw. Similar procedure shall be adopted for drawing chits from the pots meant for allotment of wards for women belonging to Scheduled Castes, Scheduled Tribes and/or Other Backward Classes.

(d) The proceedings shall be recorded in writing and signed by the prescribed authority. Signatures of atleast two non-official persons witnessing the drawal of lots shall also be obtained on proceedings. Their names and addresses shall be written below their signatures.

[10][(e) For the categories of seats which are to be reserved by drawing lots and by rotation, in subsequent general election of Gram Panchayat, the wards previously reserved shall be excluded from drawing lots, for that category till all such wards are exhausted.]

Rule - 5. Matters to be taken into consideration in formation ofconstituencies of Janpad Panchayat and Zila Panchayat.

[11][(1) A 'Block' and a 'District' shall be divided into constituencies in accordance with the provision of Section 23 and Section 30 respectively, on the following events,

(a) During the first election; or

(b) In case limits of 'Block' or 'District' as the case may be, altered by including therein any local area in the vicinity thereof or by excluding therefrom any local area comprised therein; or

(c) If ratio between the population of each constituency and the number of seats allotted to it, is practicable not to be throughout the Panchayat area.]

(2) The population of each constituency shall as far as possible be the same.

(3) A village in any constituency shall be completely included and all the villages included in a constituency shall as far as practicable be in consecutive order.

(4) Every constituency of Janpad Panchayat and Zila Panchayat shall be assigned a serial number in the name of Janpad Panchayat and Zila Panchayat as the case may be.

(5) The constituencies formed under this rule shall, with their description be notified by affixing a statement as follows :

(i) On the notice board of the Collector's Office.

(ii) On the notice board of the office of Zila Panchayat.

(iii) On the notice board of Block Development Office.

(iv) On the notice board of Janpad Panchayat Office.

(v) On the notice board of Tahsildar's Office.

(6) Any adult inhabitant may, if he objects to anything contained in the statement affixed under sub-rule (5) submit his objection in writing to the Collector within seven days from the date of affixture of the statement.

(7) On receiving the objection, if any, the Collector shall hold a summary enquiry into every objection and shall record in writing his decision thereon.

(8) The Collector shall thereafter amend the statement according to his decision and determine the number of constituencies and seats reserved for the members of the Scheduled Castes, Scheduled Tribes, Other Backward Classes and women and they shall be finally notified by him in the manner prescribed in sub-rule (5).

[12][(9) Once the number of constituencies and their area is determined by the Collector, in the manner prescribed in above sub-rules, the number of constituencies and their area shall remain the same in subsequent elections, unless any of the events mentioned in sub-rule (1) happens and in subsequent elections, Collector shall notify and publish a statement of constituencies and their area and number of constituencies reserved for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women in the manner prescribed in sub-rule (5).]

Rule - 6. Reservation of Constituencies.

(1) Subject to the provisions of Section 23 in the case of Janpad Panchayat and Section 30 in case of Zila Panchayat, the constituencies in which seats shall be reserved for the members of Scheduled Castes, Scheduled Tribes, Other Backward Classes and women shall be determined :

[13][Provided that in the Scheduled areas the seats for Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be reserved in accordance with the provision of Section 129-E of the Act.]

(2) The total number of scats to be reserved for Scheduled Castes, or Scheduled Tribes shall be in proportion to the total population of such caste and tribe with the total population of Janpad Panchayat or Zila Panchayat as the case may be. Fraction less than half shall be ignored and half or more than half shall be counted as one.

[14][(3) Seats reserved either for the Scheduled Castes or the Scheduled Tribes shall, as far as practicable, be allotted in the constituencies in which the percentage of population of the Scheduled Castes or the Scheduled Tribes, as the case may be, worked out by Collector is found by him to be correspondingly higher in descending number :

Provided that in Scheduled areas, at first instance, reservation of seats for Scheduled Tribes shall be determined in accordance with the provisions of sub-rule (3) and if any short fall remains, remainder seats reserved for Scheduled Tribes shall be determined by drawing of lots and by rotation.]

(4) In a Janpad and Zila Panchayat where fifty per cent or less than fifty per cent seats have been reserved for Scheduled Castes and Scheduled Tribes, twenty five per cent of the total number of seas shall be reserved for Other Backward Classes and such seats shall be allotted by the Prescribed Authority in the constituencies excluding the constituencies reserved for the Scheduled Castes and Scheduled Tribes by rotation and drawal of lots :

[15][Provided that a Zila Panchayat or Janpad Panchayat, as the case may be, in Scheduled Areas such number of seats shall be reserved for persons belonging to Other Backward Classes, which together with the seats, already reserved for Scheduled Castes and Scheduled Tribes, if any, shall not exceed three-fourth of all the seats in Scheduled areas of that Zila Panchayat or Janpad Panchayat, as the case may be, by rotation and drawing of lots.]

(5) Out of the constituencies reserved for women under Section 23 in case of Janpad Panchayat and Section 30 in case of Zila Panchayat, such number of constituencies shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and/or Other Backward Classes as may bear, as nearly as may be, the same proportion to the total number of constituencies reserved for women as the total number of seats reserved for Scheduled Castes, Scheduled Tribes and/or Other Backward Classes bears to the total number of constituencies in a Janpad Panchayat or Zila Panchayat as the case may be. Seats for women belonging to Scheduled Castes, Scheduled Tribes and/or Other Backward Classes shall be allotted from out of the constituencies reserved for such castes, tribes, and/or Backward Classes. Seats belonging to women of general category shall be allotted from the remaining constituencies.

(6) (a) The prescribed authority shall, for the purpose of fixing the constituencies in which seats shall be allotted under sub-rules [16][xxx] (4) and (5) draw lots separately for the constituencies reserved for [17][x x x] Other Backward Classes and for women.

(b) The prescribed authority shall, for the purpose of allotting the constituencies, publish a notice stating that the lots shall be drawn in the office to be named in such notice and on the date and at the time specified therein before the persons who are present to witness the drawal of lots. Such notice shall be published at the places specified in sub-rule (5) of Rule 5.

(c) For the purpose of allotting the constituencies for women, separate chits shall be prepared for general constituencies and constituencies reserved for Scheduled Castes, Scheduled Tribes and/or Other Backward Classes, giving the number of constituencies on each such chit. Chits of each of such category shall be kept in separate pots and such number of chits shall be drawn from each pot as may be required for women belonging to that category and the number of constituencies written on the chit shall be read out before the persons witnessing the draw.

(d) The proceeding shall be recorded in writing and signed by the prescribed authority. Signatures of atleast two non-official persons witnessing the drawal of lots shall also be obtained on such proceeding. Their names and addresses shall be written below their signatures.

[18][(e) For the categories of seats which are to be reserved by drawing of lots and by rotation, in subsequent general election of Zila Panchayat or Janpad Panchayat, as the case may be, the constituencies previously reserved shall be excluded from drawing lots, for that category till such constituencies are not exhausted.]

CHAPTER III RESERVATION OF [19][POST] FOR SARPANCH

Rule - 7. Determination of reserved seats for Sarpanch.

(1) The Panchayats in which seats shall be reserved for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women as Sarpanch of the Gram Panchayats in accordance with the provisions of Section 17 for Gram Panchayats within the Block shall be determined by the prescribed authority :

[20][Provided that in the Scheduled area, the post of Sarpanch shall be reserved for Scheduled Tribes in accordance with the provisions of Section 129-E of the Act.]

(2) The prescribed authority.

(i) shall for the purpose of allotment of seats of Sarpanch of Gram Panchayat to Scheduled Castes, Scheduled Tribes or Other Backward Classes keep the chits of the names of all Gram Panchayats within the Block in a pot and draw lots therefrom to the extent necessary for fulfilling the requirement of reservation under sub-section (2) of Section 17 in the following order, namely :

(a) Scheduled Castes;

(b) Scheduled Tribes; and

(ii) shall for the purpose of allotment of seats of Sarpanch of Gram Panchayats to women belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and General Category, keep chits bearing the name of the Gram Panchayats, reserved for the candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and General Category in different pots and draw lots therefrom, to the extent necessary for fulfilling the requirement of reservation for women under sub-section (3) of Section 17.

(3) For the purpose of drawal of lots a notice in which the place, date and time for drawal of lots has been described shall be exhibited at least five days before the date of drawal of lots by the prescribed authority in relation to Gram Panchayat.

(a) on the notice board of Collector's Office;

(b) on the notice board of the office of the Tahsil Office within which the block lies;

(d) on the notice board of every Gram Panchayat within the Block concerned.

(4) Proceedings regarding drawal of lots shall be recorded in writing and shall be signed by the Prescribed Authority. Signatures of at least two non-official persons present at the time of drawal of lots shall be obtained and the names and addresses of persons signing on such proceeding shall be written below their signatures.

[21][(5) In the subsequent general election of Gram Panchayat, the Gram Panchayat previously reserved shall be excluded from drawal of lots, for that particular category, till all such Gram Panchayats are not exhausted.]

Rule - 8. Assistance in the matter of reservation.

The State Government, Director of Panchayat and Social Welfare, Collector and the prescribed authority may take necessary assistance from their Subordinate Officers in the matter of formation of wards, reservation and allotment of seats.

CHAPTER IV LIST OF VOTERS

Rule - 9. Preparation of voters' list.

(1) The Commission shall subject to the provisions of Section 5, cause to be prepared in Form-1, ward-wise list of voters in Hindi written in the Devnagari Script, for each Gram Panchayat.

(2) The Commission shall appoint, in consultation with the State Government, a Registration Officer for Panchayats in a district and one or more Assistant Registration Officers, as may be found necessary to assist the Registration Officer in the preparation of voters' list for Panchayats.

(3) Every Assistant Registration Officer shall, subject to the control of the Registration Officer, be competent to perform all or any of the functions of the Registration Officer.

Rule - 10. [Publication of voters' list for inviting claims and objections.

(1) As soon as the voters' list is ready, the Registration Officer shall give a public notice inviting claims for inclusion of names in the list and objections to any entry therein, in such form as may be prescribed by the Commission and shall get the notice displayed on the notice board in the office of :

(a) Registration Officer;

(b) Gram Panchayat concerned; and

(2) The notice under sub-rule (1) shall specify the period during which and the offices at which objections or claims may be lodged.

(3) Simultaneously with the publication of notice under sub-rule (1), the Registration Officer shall make available a copy of the voters' list for inspection of public, free of charge, for a period of at least five days from the day of publication of the notice, during office hours at his office and at the office of the Gram Panchayat concerned.

(4) Copy of voters' list may be supplied to any person on payment of such fee as may be fixed by the Commission by a General or Special Order.][22]

Rule - 11. Claims and Objections.

(1) Any person, whose name is not entered in the voters' list or is entered at an incorrect place or with incorrect particulars or any person whose name is entered in the list and who objects to the inclusion of his own name or the name of any person in that list, may prefer a claim or objection by delivering to the Registration Officer an application in writing duly signed not later than 3 O'Clock in the afternoon of the last specified day in the notice under Rule 10 and no claim or objection received thereafter shall be entertained.

(2) Every claim or objection shall be preferred in such form as may be prescribed by the Commission and shall either be presented to the Registration Officer or to such other officer as may be nominated by him in this behalf.

(3) A claim or objection may be accompanied by any documents on which the claimant or objector relies.

Rule - 12. Disposal of claims and objections.

(1) The Registration Officer shall, after holding such summary inquiry into the claims or objections as he thinks fit, record his decision in writing and shall make available on demand copy of such decision to the objector free of charge forthwith.

(2) No person shall be presented by any legal practitioner in any proceeding under this rule.

(3) The Registration Officer shall amend the voters' list in accordance with his decision.

(4) The voters' list so amended shall subject to decision in appeal, if any, be final and a copy thereof duly signed by the Registration Officer shall be kept in his office and another copy deposited in the office of District Election Officer.

(5) Any person aggrieved by the decision of the Registration Officer may prefer an appeal to the Appellate Authority within five days of such decision. Every appeal shall be in such form as may be prescribed by the Commission and presented to the Appellate Authority accompanied with a copy of the decision of the Registration Officer. The Appellate Authority, after giving the appellant an opportunity of hearing and making such enquiry as it deems fit, shall pass suitable orders expeditiously and in the event of the appeal succeeding, direct the Registration Officer to amend the voters' list to give effect to its decision. The decision of the Appellate Authority shall be final :

Provided that no amendment shall be carried out in the voters' list according to the decision of the Appellate Authority after the last date and time fixed for making nominations in the notice issued under Rule 28 and before the completion of election.

Rule - 13. Inspection and issue of certified copies.

(1) Every member of the public shall have the right to inspect the voters' list referred to in sub-rule (4) of Rule 12 on payment of a fee of two rupees and certified copies of the same may be issued by the Registration Officer to an applicant on payment of the same fees as are prescribed for copies of revenue records.

Rule - 14. Duration of voters' list and its revision.

(1) The voters' list referred to in sub-rule (4) of Rule 12 shall remain in force until revised in accordance with sub-rule (2) or sub-rule (3).

(2) Every such list shall be liable to revision by reference to the first day of January of the year in which it is so revised

(i) before each general election to the Panchayats, or as the case may be;

(ii) before each bye election to fill a seat in a Panchayat.

(3) Notwithstanding anything contained in sub-rule (2) it shall not be necessary to revise such list before a bye-election, if such bye-election is held during the calendar year in relation to the first day of January whereof the list has been originally prepared :

Provided that the Commission may for reasons considered sufficient by it direct revision of such list before holding a bye-election.

(4) Notwithstanding anything contained in the foregoing provisions, the validity or continued operation of the voters' list referred to in sub-rule (4) of Rule 12 shall not in any way be affected by non-revision of any such list under sub-rule (2) or when so directed by the Commission under proviso to sub-rule (3).

Rule - 15. [Finalisation of voters' list.

Subject to the provisions of Rule 15-A no correction in any entry of inclusion or deletion of any name shall be made in the voters' list after its finalisation under Rule 12 :

Provided that clerical, technical or printing error or omission, apparent on the face of the record, regarding a voter may be corrected by the Registration Officer at any time before the last date and time fixed for making nomination under Rule 28.][23]

Rule - 15-A. [Deletion of entries in the voters' list in certain cases.

(1) If the Registration Officer on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that the name of any person in the voters' list of a Panchayat after its finalisation under Rule 12 should be deleted on the ground that the person concerned is registered in the voters' list of any other Panchayat or of any Municipality, the Registration Officer shall, subject to such general or special direction, if any, as may be given by the Commission in this behalf, delete the entry :

Provided that before taking any action in this behalf, the Registration Officer shall give the person concerned reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.

(2) No deletion of any entry shall be made under sub-rule (1) after the last date fixed for making nomination in the notice issued under Rule 28 for the election in that ward or in the constituency of any Panchayat within which that ward is comprised and before the completion of that election.

(3) The Registration Officer shall record in writing the reasons for his decision to delete an entry under sub-rule (1) and shall make available, on demand a copy of such decision to the person concerned free of charge, forthwith.

(4) Any person aggrieved by the decision of the Registration Officer under sub-rule (1) may prefer an appeal to the District Election Officer within fifteen days of such decision.

(5) The District Election Officer, after giving the appellant an opportunity of hearing and making such enquiry as he deems fit, shall pass suitable order on the appeal. The decision of the District Election Officer shall be final.][24]

Rule - 16. [Custody and destruction of papers.

The preliminary voters' list published under Rule 10, the claims and objections received under Rule 11 along with the order of the Registration Officer or Appellate Authority thereon and the papers relating to the proceedings under Rule 15-A shall be preserved in the record room of the District Election Officer until after the next revision of the list and shall then be destroyed.][25]

CHAPTER V ADMINISTRATIVE MACHINERY FOR CONDUCT OF ELECTION

Rule - 17. Officers and staff for conducting elections.

(1) The State Government shall, when so requested by the Commission make available to the Commission such officers and staff as may be necessary for the discharge of functions conferred on the Commission under the Act and these Rules.

(2) All the officers and members of the staff appointed or deployed for preparation of voters' list and conduct of election to Panchayats under the Act or these Rules shall function under the superintendence, direction and control of the Commission.

[26][(3) The Commission may assign such duties and functions to the officers and members of staff appointed or deployed under sub-rule (1) and invest them with such powers, in relation to such areas as it may deem necessary or consider fit, in relation to conduct of elections and matters connected therewith or incidental thereto.]

Rule - 17-A. [Requisition of vehicles etc. for panchayat election purposes.

(1) The District Election Officer may, if it appears to him necessary in connection with election under the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 that any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining law and order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, he may by order in writing requisite such vehicle, vessel or animal and may make such further orders as may appear to him to be necessary and expedient in connection with such requisition.

(2) Such requisition shall be effected by an order in writing addressed to the person deemed by the District Election Officer to be the owner or person in possession of the property and such order shall be served on the person to whom it is addressed.

(3) Whenever any property is requisitioned under sub-rule (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in sub-rule (1).

Explanation. For the purposes of this rule "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.

Rule - 17-B. Payment of compensation.

Whenever in pursuance of Rule 17-A and vehicle, vessel or animal is requisitioned, there shall be paid to the owner thereof compensation, the amount of which shall be determined by the District Election Officer on the basis of the rate fixed by the Chief Electoral Officer for such vehicle, vessel or animal for the State Assembly Elections :

Provided that any person interested, being aggrieved by the amount of compensation determined by District Election Officer, may apply within thirty days from the date of issue of the order determining the compensation to the Divisional Commissioner for a review. The decision of the Divisional Commissioner shall be final.

Rule - 17-C. Manner of serving order of requisition of vehicles, vessels and animals.

An order of requisition under Rule 17-A shall be served :

(a) Where a 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 of the Code of Civil Procedure, 1908 (No. V of 1908); and

(b) Where a person to whom such order is addressed is an individual,

(i) personally by delivering or tendering the order; or

(ii) by registered post with acknowledgment due; or

(iii) if a person cannot be found, by leaving an authentic copy of the order with any adult member of his family, or by affixing such on some conspicuous part of the premises in which he is known to have last resided or carried on business, or personally worked for a gain.

Rule - 17-D. Penalty for contravention of any order regarding.

If any person contravenes any order made under Rule 17-A he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to rupees five hundred or with both.][27]

Rule - 18. Commission's power to issue General or Special orders or directions.

Notwithstanding anything contained in these rules, the Commission may issue such special or general orders or directions which may not be inconsistent with the provisions of the Act for fair and free elections.

Rule - 19. District Election Officer and Deputy District Election Officer.

(1) The Commission shall, in consultation with the State Government, appoint a District Election Officer for each district and one or more Deputy District Election Officers as may be found necessary to assist the District Election Officer in the conduct of elections of Panchayats in the district.

(2) Subject to the superintendence, direction and control of the Commission, the District Election Officer shall coordinate and supervise all work in the district in connection with the conduct of all elections to Panchayats in the district.

(3) The District Election Officer shall also be ex-officio Returning Officer for elections to Zila Panchayat.

Rule - 19-A. [Observers.

(1) The Commission may nominate an Observer to watch the conduct of election or elections in a Panchayat or a group of Panchayats and to perform such other functions as may be entrusted to him by the Commission.

(2) The Observer nominated under sub-rule (1) shall have the power to direct the Returning Officer for any Panchayat for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result if in the opinion of the Observer booth capturing has taken place at any polling station of that Panchayat or at the place fixed for counting of votes or any ballot papers used at a polling station are unlawfully taken out of the custody of the Returning Officer accidentally or intentionally destroyed or lost or damaged or tampered with to such an extent that the result of the poll at that polling station cannot be ascertained.

(3) Where an observer has directed the Returning Officer under this rule to stop counting of votes or not to declare the result, the observer shall forthwith report the matter to the Commission and thereupon the Commission shall, after taking all material circumstances into account, issue appropriate direction under Rule 72.

Explanation. The expression 'booth capturing' shall have the meaning assigned to it in Section 14-D of the Madhya Pradesh Local Authorities (Electoral Offences) Act, 1964.][28]

Rule - 20. Appointment of Returning Officer.

The Commission or when so authorised by Commission, the District Election Officer shall appoint an officer of the State Government not below the rank of a Naib Tahsildar as a Returning Officer for every election to fill a seat in any Panchayat other than the Zila Panchayat :

Provided that nothing in this rule shall prevent the Commission or the District Election Officer from appointing same person to be a Returning Officer for election of more than one Panchayat.

Rule - 21. Appointment of Assistant Returning Officer.

(1) The Commission or when so authorised by the Commission, the District Election Officer may appoint one or more persons as Assistant Returning Officer to assist the Returning Officer in the performance of his functions.

(2) Every Assistant Returning Officer shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer.

(3) Any reference in these rules to the Returning Officer shall, unless the context otherwise requires, be deemed to include an Assistant Returning Officer.

Rule - 22. General duty of Returning Officer.

It shall be the general duty of the Returning Officer in any election to perform all such acts and things as may be necessary for effectively conducting the election in the manner provided by these rules.

Rule - 23. [Polling Stations.

(1) The District Election Officer shall provide sufficient number of polling stations for every election under these rules and shall publish at least 20 days before the date of poll, a list showing the polling stations and the polling areas for which they will be set-up.

(2) The list prepared under sub-rule (1) shall be published by affixing a copy thereof on the notice board in the office of :

(a) District Election Officer;

(b) Returning Officer;

(3) No change shall be made by the District Election Officer in the location of any polling station notified under sub-rule (1) without previous approval of the Commission :

Provided that if a change in the location of any polling station is approved by the Commission, then such change shall be

(a) published for general information in the Gram Panchayat affected by the change; and

(b) communicated in writing to the concerned candidates by the Returning Officer as expeditiously as possible.][29]

Rule - 24. Appointment of Presiding and Polling Officers.

(1) The Returning Officer shall with the prior approval of the District Election Officer, appoint a Presiding Officer for each polling station and such Polling Officer or Officers to assist the Presiding Officer, as he thinks necessary :

[30][Provided that no person who is not,

(i) a Government servant; or

(ii) a servant of local authority; or

(iii) a servant of a University established or incorporated by or under a Provincial or State Act; or

(iv) any other institution, concern or undertaking which is established by or under a Provincial or State Act or which is not controlled, or not financed wholly or substantially by funds provided directly or indirectly, by the State Government;

shall not be appointed as Presiding Officer.]

Provided further that if a Polling Officer is absent from the polling station, the Presiding Officer may appoint any person, who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the Polling Officer during the absence of the former officer, and inform the Returning Officer accordingly.

(2) A Polling Officer shall subject to the directions of the Commission if so authorised by the Presiding Officer, perform all or any of the functions of Presiding Officer under these rules.

(3) If the Presiding Officer, owing to illness or any 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 Returning Officer to perform such functions during any such absence.

(4) Reference in these rules to the Presiding Officer shall, unless the context otherwise requires, be deemed to include any person performing any function which he is authorised to perform under sub-rule (2), or as the case may be, under sub-rule (3).

Rule - 25. General duty of Presiding Officer.

It shall be the general duty of the Presiding Officer at a polling station to maintain order thereat and to see that the poll is fairly taken.

Rule - 26. Duty of a Polling Officer.

It shall be the duty of every Polling Officer at a polling station to assist the Presiding Officer for such station in the performance of his functions.

Rule - 27. Control of District Election Officer.

The Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officers and all other persons appointed in accordance with these rules shall, within the over all direction and control of the Commission, work under the control of District Election Officer.

Rule - 27-A. [Returning Officer, Presiding Officer, etc. deemed to be on deputation to Election Commission.

The Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer and any other Officer appointed under this Chapter for the conduct of any election shall be deemed to be on deputation to the Commission for the period commencing on and from the date of notice of election and ending with the date of declaration of the results of such election and such officers shall be under the control, superintendence and discipline of the Commission during that period.]4

CHAPTER VI CONDUCT OF ELECTION

Rule - 28. Notice of election and time schedule therefor.

In accordance with the time schedule prescribed by the Commission, the District Election Officer shall by notice in Form 2 or 3 as the case may be, specify

(a) the last date, time and place for making nominations which shall be the seventh day after the date of publication of the notice, or if that day is a public holiday, the next succeeding day which is not a public holiday;

(b) the date, time and place for the scrutiny of nominations and such date shall be the day next following the last date appointed for making nominations, or if that day is a public holiday, the next succeeding day which is not a public holiday;

(c) the date for withdrawal of candidature 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;

(d) the date on which and the time during which the poll shall, if necessary be, taken;

(e) the date, time and place for the counting of votes; and

[31][(f) The date, time and place for tabulation and declaration of election result.]

Note. "Public Holiday" means any day which is declared to be a holiday by the State Government for its offices as well as the Government Treasuries and sub-treasuries in the State.

Rule - 29. [Manner of publication of notice under Rule 28.

Notice under Rule 28 shall be published atleast 20 days before the date appointed for the poll by affixing a copy thereof on the notice board in the office of :

(a) District Election Officer;

(b) Returning Officer; and

Rule - 29-A. [Publication of notice regarding reservation/status of seats.

(1) The District Election Officer shall, simultaneously with the publication of notice of election under Rule 28, shall publish a notice in Form 3-A or 3-B as the case may be, showing the status of reservation of every sat in a Panchayat for which election is to be held, by affixing a copy thereof on the notice board in the office of :

(a) District Election Officer;

(b) Returning Officer; and

(2) The District Election Officer shall issue, on demand by any member of public, a certified copy of the notice referred to in sub-rule (1), forthwith on payment of the same fee as prescribed for copies of revenue records.][33]

Rule - 30. Extension of time for completion of election.

It shall be competent for the Commission, for reasons which it considers sufficient, to extend the time for completion of any election by making necessary amendments in the time schedule prescribed by it under Rule 28.

Rule - 31. Nomination of candidates.

(1) Any person may be nominated as a candidate for election to fill a seat if he is qualified to be elected to fill that seat under the provisions of the Act :

Provided that in the case of a seat reserved for the Scheduled Castes or Scheduled Tribes or Other Backward Classes or a woman, no person who is not a member of the Scheduled Castes or Scheduled Tribes or Other Backward Classes or is not a woman, as the case may be, shall be qualified to be elected to such a seat.

(2) Every nomination paper presented under Rule 32 shall be

(i) in the case of election of a panch, in Form 4-A;

(ii) in the case of election of a Sarpanch, in Form 4-B;

(iii) in case of election of member of Janpad Panchayat, in Form 4-C; and

(iv) in case of election of member of Zila Panchayat, in Form 4-D.

(2) A nomination paper shall be supplied by the Returning Officer, to any voter on demand.

Rule - 31-A. [Information of criminal record, properties, liabilities and educational qualifications etc. of candidates.

(1) Every candidate for the post of Panch shall submit a declaration in a form as prescribed by the State Election Commission along with nomination paper which shall include information about his educational qualification, criminal cases pending/decided, his/her assets and liabilities and that of his/her spouse and dependents, his/her number of living children and information about whether he/she is an encroacher on Government Land.

(2) Every candidate for the post of Sarpanch, member of Janpad Panchayat and Zila Panchayat shall submit an affidavit, in a form as prescribed by the State Election Commission along with nomination paper which shall include information about educational qualifications, criminal cases pending/decided, his/her assets and liabilities and that of his/her spouse and dependents, the number of his/her living children and whether he/she is an encroacher on Government Land. The affidavit shall be sworn before competent Notary, Magistrate or Oath Commissioner.

(3) A copy of affidavit/declaration of candidates for the post of Panch, Sarpanch, Member of Janpad Panchayat and Zila Panchayat shall be exhibited on the notice board in the office of the Returning Officer. Its copy shall be made available to any citizen on demand on payment of prescribed fee.][34]

Rule - 32. Presentation of nomination papers.

(1) On or before the date appointed under clause (a) of Rule 28 each candidate shall either in person or by his proposer deliver to the Returning Officer or Assistant Returning Officer so authorised by the Returning Officer for that purpose, during the time and at the place specified in the notice issued under Rule 28 a duly completed nomination paper in the prescribed form and signed by the candidate and in case of

(a) election of panch, by a voter of the concerned ward of village;

(b) election of sarpanch, by a voter of the concerned village;

(d) election of member of Zila Panchayat, by a voter of any village within the district, as proposer :

Provided that any person who is subject to any disqualification as a voter under the Act shall not be eligible to sign any nomination paper as proposer.

(2) Nothing in this rule shall prevent any candidate from being nominated by more than one nomination paper for election to any office :

Provided that not more than two nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer for election to any office.

Rule - 33. [Security deposit.

(1) A candidate shall not be deemed to be duly nominated for election unless he has deposited or caused to be deposited in cash either before or at the time of presentation of nomination paper under Rule 32 to the Returning Officer, the following amount as security, namely :

(a) in case of Panch from any ward [35][Rs. 100/-]

(b) in case of Sarpanch of a Gram Panchayat [36][Rs. 500/-]

(d) in case of member of a Zila Panchayat [38][Rs. 2000/-] :

Provided that where a candidate is a woman or a member of Scheduled Caste or Scheduled Tribe or Other Backward Class, he/shall be required to deposit only half of the above amount as security under this rule.

(2) If a candidate presents more than one nomination paper for election to the same seat, not more than one deposit shall be required of him under sub-rule (1)][39].

Rule - 34. Notice of nomination and time and place for scrutiny.

(1) On presentation of a nomination paper under sub-rule (1) of Rule 32, the Returning Officer shall satisfy himself that the serial number and the name of the candidate and his proposer as entered in the nomination paper are the same as those entered in the voters' list :

Provided that the Returning Officer shall permit any misnomer or inaccurate description or clerical or technical error to be corrected and where necessary, shall overlook any such misnomer or inaccurate description or clerical or technical error in the nomination paper.

(2) The Returning Officer shall inform the person delivering the nomination paper, of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number and sign thereon a certificate stating the date on which and the hour at which the nomination paper has delivered to him, and shall, as soon as may be thereafter, cause to be affixed on the notice board in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of the proposer.

Rule - 35. Scrutiny of nomination papers.

(1) On the date fixed for the scrutiny of nomination papers under Rule 28, the candidates, their election agents, one proposer of each candidate, and one other person duly authorised in writing by each candidate, but not other person, may attend at the time and place appointed in this behalf under Rule 28 and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered as required by Rule 32.

(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 objections or his own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination paper on any of the following grounds, that is to say

(a) that the candidate is disqualified for being elected to fill the seat by or under the Act;

(b) that the proposer is disqualified from subscribing a nomination paper;

[40][(c) that the provisions of Rule 31, 31-A, 32 or 33 have not been complied with.]

(d) that the signature of the candidate or the proposer on the nomination paper is not genuine.

(3) Nothing contained in clause (c) or (d) 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 mere clerical or printing error or any defect which is not of a substantial character.

(5) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of Rule 28 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 any objection is raised by the Returning Officer or is made by any other person, the candidate may be allowed time to rebut it not later than the next day, 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 each nomination paper his decision regarding 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. The order passed by the Returning Officer shall, subject to the result of revision, if any under Rule 36, be final.

(7) For the purposes of this rule, the production of a certified copy of an entry made in the voters' list of the relevant Gram Panchayat shall be conclusive evidence of the right of any voter named in that entry to stand for election, unless it is proved that the candidate is disqualified.

(8) Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Returning Officer shall prepare ward wise or constituency-wise lists of candidates whose nominations have been accepted in Form 5 and affix the lists on the notice board of his office, duly recording the date and time of affixture below his signature.

(9) If nomination of a candidate has been accepted by the Returning Officer for more than one ward of constituency through oversight or for want of objection or for any other reason whatsoever, the Returning Officer shall after giving an opportunity of hearing to such candidate or his election agent, recognise the nomination tendered first in point of time and delete or cause to be deleted from the list of validity nominated candidates in Form 5, the name of such candidate from every other ward or constituency and record this fact in writing.

The Returning Officer shall also affix a copy of the revised list of validly nominated candidates in Form 5 on the notice board in his office, duly recording the date and time of such affixture below his signature.

Rule - 36. Revision of rejected nomination papers in certain cases.

(1) If for any seat, after the scrutiny of nomination papers under Rule 35, there remains only one candidate in the field as a result of rejection of nomination papers of all other candidates, the Returning Officer shall forthwith report the fact to the following authority, hereinafter referred to as Revisional Authority, namely :

(i) in case of election of a panch or a Sarpanch of a Gram Panchayat, to the Sub-Divisional Officer (Revenue);

(ii) in case of election of a member of Janpad Panchayat, to the Collector; and

(iii) in case of election of a member of Zila Panchayat, to the Divisional Commissioner, and shall,

(a) affix a notice in Form 5-A on the notice board of his office, for information of all candidates for the seat in question, that his order rejecting a nomination paper is subject to the order passed by the Revisional Authority and any candidate aggrieved by his order is free to appear before such Authority, on the date, time and place mentioned in the notice, and

(b) submit all papers relating to nominations received for the seat in question to the Revisional Authority so as to reach him latest by 11.00 a.m. on the next day.

(2) The day for consideration of the cases under sub-rule (1) by the Revisional Authority shall be the day next following the date for scrutiny of nominations which shall include a public holiday.

(3) If shall be the duty of every candidate to take cognizance of the notice published under sub-rule (1) and no separate notice shall be issued by the Revisional Authority to any candidate before considering a case.

(4) Every candidate or his proposer for the seat in question, shall be entitled to be present and heard by the Revisional Authority.

(5) On the date and at the place specified in the notice in Form 5-A under sub-rule (1), the Revisional Authority shall take-up examination of the nomination papers rejected by the Returning Officer one by one and if it finds that any nomination paper has been rejected wrongly, it shall revise the order of the Returning Officer for reasons to be recorded in writing and declare such nomination paper as valid.

(6) The Revisional Authority shall dispose of every case received by it under sub-rule (1) expeditiously and return the case-file along with an authenticated copy of its order to the Returning Officer in the quickest possible manner, so as to reach him before 2.00 p.m. on the last date fixed for withdrawal of candidature :

Provided that if the Revisional Authority fails to dispose-off the case within the aforesaid time limit, the Returning Officer shall stay the election for the seat in question and report the matter to the Commission, through the District Election Officer.

(7) On receipt of an order of the Revisional Authority declaring the nomination of a candidate to be valid, the Returning Officer shall include the name of such candidate in the list of validly nominated candidates in Form 5 prepared under Rule 35 and affix a copy of the revised list in Form-5 on the notice board in his office, duly recording the date and time of such affixture below his signature.

Rule - 37. Withdrawal of candidature.

(1) Any candidate may withdraw his candidature by delivering an application in Form 6 to the Returning Officer, on the date and by the hour appointed under clause (c) of Rule 28.

[41][(2) The application may be given either by the candidate in person or by the proposer or election agent who has been authorised in this behalf in writing by the candidate and the application shall be presented along with the receipt of the nomination paper given by the candidate or his proposer at the time of presentation of the nomination paper under Rule 32.]

(3) No person who has given a notice of withdrawal of his candidature under sub-rule (1) shall be allowed to cancel such notice.

(4) The Returning Officer shall, on being satisfied as to the genuineness of an application of withdrawal and the identity of person delivering it under sub-rule (2), cause a notice in Form 7, giving particulars of the candidates who have withdrawn their candidature to be affixed on the notice-board in his office.

Rule - 38. Preparation of list of contesting candidates.

(1) Immediately after the expiry of the period within which candidature may be withdrawn under Rule 28, the Returning Officer, shall prepare a list of contesting candidates, that is to say, candidates whose nomination papers have been finally accepted and who have not withdrawn their candidature within the said period, in Form 8-A, 8-B, 8-C and 8-D for the office of Panch, Sarpanch, Member of Janpad Panchayat or Zila Panchayat, as the case may be.

(2) The said list shall, subject to the provisions of sub-rule (3), contain the names in alphabetical order and the addresses of the contesting candidates as given in the nomination papers and shall be prepared in Hindi in the Devnagari Script.

(3) The alphabetical order referred to in sub-rule (2) shall be determined with reference to the names and or surnames of the candidates in such manner as may be prescribed by the Commission.

Rule - 39. Allotment of Symbols for election.

(1) Where a poll becomes necessary the Returning Officer shall assign to each candidate any one of the symbols determined by the Commission in the manner prescribed by it.

[42][(2) The allotment by the Returning Officer of any symbol to a candidate shall be final, except which is inconsistent with any order or instructions issued by the Commission in this behalf in case of election of a Panch or Sarpanch of a Gram Panchayat, the District Election Officer and in case of a Member of Janpad Panchayat and Zila Panchayat, the District Election Commission, may revise the allotment in such manner as it deems fit.]

(3) Every candidate of his election agent shall be informed forthwith, of the symbol allotted to the candidate and be supplied with the specimen thereof by the Returning Officer.

Rule - 40. Publication of list of contesting candidates.

The Returning Officer shall cause a copy of the list of contesting candidates prepared under Rule 38, to be published immediately after allotment of symbols to candidates, by affixture on the notice-board in his office and shall also supply a copy thereof, to each contesting candidate or his election agent.

Rule - 40-A. [Stay on elections in certain cases.

(1) Notwithstanding anything contained in these rules, if it comes to the notice of the Returning Officer at any time prior to the date of poll that the nomination of any candidate who, prima facie, does not belong to a Scheduled Caste, Scheduled Tribe or Other Backward Class, has been accepted for a seat which is reserved for Scheduled Castes, Scheduled Tribes or Other Backward Classes as the case may be, through oversight or want of objection or for any other reason, he shall forthwith issue a notice to such candidate, asking him to file an affidavit that he belongs to the category for which the seat is reserved.

(2) In case the candidate concerned files an affidavit, the Returning Officer shall make no further inquiry into the matter and treat the nomination as valid.

(3) In case the concerned candidate fails to file an affidavit on or before the date specified in the notice, it shall be presumed that he does not belong to the category for which the seat is reserved and the Returning Officer shall report full facts to the following competent authority, as the case may be and seek its permission to review his own order, regarding the validity of the nomination, namely :

(i) Sub-Divisional Officer (Revenue) in case of election of a Panch or Sarpanch of a Gram Panchayat;

(ii) Collector in case of election of a member of Janpad Panchayat; and

(iii) Divisional Commissioner in case of a member of Zila Panchayat.

(4) The Competent Authority, shall immediately, dispose off every case referred to it under sub-rule (3), and communicate its order to the Returning Officer, as soon as possible.

(5) After receiving the permission of the Competent Authority, the Returning Officer, may review his own order and exclude the name of the concerned candidate from the list of validly nominated candidates prepared under Rule 35 and from the list of contesting candidates, if such list has already been prepared and published the Returning Officer shall prepare a revised list of contesting candidates and publish it in accordance with the provisions of Rule 40 :

Provided that if the concerned candidate has in the meanwhile submitted an affidavit in response of the notice issued under sub-rule (1), the Returning Officer shall not review his order.

(6) If the Competent Authority fails to dispose off the case referred to it under sub-rule (3) at least five days before the day of poll or the mistake in acceptance of nomination as specified in sub-rule (1), comes to the notice of the Returning Officer on a day whereafter a period of less than seven days is left for the day of poll, the Returning Officer shall postpone the election of such seat and report the matter to the Commission through the District Election Officer.

(7) The Commission shall, after satisfying itself that the Returning Officer has duly reviewed his order, issue revised time schedule for completion of election for the seat in question.][43]

CHAPTER VII CANDIDATES AND THEIR AGENTS

Rule - 41. Appointment of election agent and revocation of such appointment.

(1) If a candidate desires to appoint an election agent, such appointment shall subject to the provisions of sub-rules (2) and (3), be made in Form 9 either at the time of delivering the nomination paper or at any time before election.

(2) The appointment of the election agent may be revoked by the candidate at any time by a declaration in writing signed by him and lodged with the Returning Officer. Such revocation shall take effect from the date on which it is lodged. In the event of such revocation or in the event of the election agent dying before or during the period of the election, the candidate may appoint a new election agent in accordance with the provisions of sub-rule (1).

(3) No person, who is for the time being disqualified under the Act from being elected or from voting at any election of Panchayat shall, so long as the disqualification subsists, be appointed as an election agent.

Rule - 42. Appointment of polling agent.

(1) At an election at which poll is to take place, any contesting candidate, or his election agent, may appoint one agent to act as polling agent of such candidate at each polling station. Such appointment shall be made by a letter in writing in duplicate in Form 10 signed by the candidate or his election agent.

(2) The candidate or his election agent shall deliver the duplicate copy of the letter of appointment to the polling agent who shall, on the date fixed for the poll present it to, and sign the declaration contained therein, before the Presiding Officer, the Presiding Officer shall retain the duplicate copy presented to him in his custody. No polling agent shall be allowed to perform any duty at the polling station unless he has complied with the provisions of this sub-rule.

Rule - 43. Appointment of counting agent.

(1) Each contesting candidate or his election agent may appoint an agent to act as counting agent of such candidate by a letter in writing in duplicate in Form 11 signed by the candidate or his election agent.

(2) The candidate or his election agent shall also deliver the duplicate copy of the letter of appointment to the counting agent who shall on the date fixed for counting of votes, present it to, and sign the declaration contained therein before, the Returning Officer or such other officer authorised by him under Rule 73. Such officer shall retain the duplicate copy presented to him in his custody. No counting agent shall be allowed to perform any duty at the place fixed for the counting of votes, unless he has complied with the provisions of this sub-rule.

Rule - 44. Revocation of the appointment or death of polling agent.

(1) The appointment of the polling agent may be revoked by the candidate at any time before the commencement of the poll by a declaration in writing signed by him.

(2) Such declaration shall

(a) in the case where the appointment is revoked not less than seven days before the commencement of the poll be lodged with the Returning Officer; and

(b) in any other case, be lodged with the Returning Officer or the Presiding Officer of the polling station where the polling agent was appointed for duty.

(3) If the polling agent of a candidate dies before the commencement of the poll, the candidate of his election agent shall forthwith report in writing, the fact of such death

(a) in case where the death takes place less than seven days before the commencement of the poll, to the Returning Officer; and

(b) in any other case to the Returning Officer or the Presiding Officer of the polling station where the polling agent was appointed for duty.

(4) Whenever the Returning Officer receives any declaration or report made under sub-rule (1) or (2) he shall forthwith communicate such declaration or report, as the case may be, to the Presiding Officer of the pulling station where such polling agent was appointed for duty.

(5) Where the appointment of a polling agent is revoked under sub-rule (1) or where the polling agent dies before the close of the poll, the candidate or his election agent may, at any time before the poll is closed, appoint a new polling agent in accordance with the provisions of sub-rule (1) of Rule 42 :

Provided that the letter appointing new polling agent shall

(a) in the case where such appointment is made not less than seven days before the commencement of the poll be given to the Returning Officer; and

(b) in any other case, be given to the Returning Officer or the Presiding Officer of the polling station where the new polling agent is appointed.

(6) The provisions of sub-rule (2) of Rule 42 shall apply in relation to a polling agent appointed under sub-rule (5) as they apply in relation to a polling agent appointed under sub-rule (1) of Rule 42.

Rule - 45. Revocation of the appointment or death of the counting agent.

(1) The appointment of the counting agent may be revoked by the candidate at any time before the commencement of the counting of votes by a declaration in writing signed by him. Such declaration shall be lodged with the Returning Officer or such other officer authorised by him.

(2) If the counting agent of a candidate dies before the completion of the counting of votes, the candidate or his election agent shall forthwith report the death in writing to the Returning Officer or such other officer authorised by him.

(3) Where the appointment of counting agent is revoked under sub-rule (1) or where the counting agent dies before the completion of the counting of votes, the candidate or his election agent may appoint a new counting agent in the manner laid down in sub-rule (1) of Rule 43.

(4) The provisions of sub-rule (2) of Rule 43 shall apply in relation to a counting agent appointed under sub-rule (3) as they apply in relation to counting agent appointed under sub-rule (1) of Rule 43.

CHAPTER VIII GENERAL PROCEDURE OF ELECTION

Rule - 46. Death of candidate before poll.

Poll shall not be countermanded due to death of a contesting candidate before the commencement of poll. But if as a result of death of contesting candidate for any seat, there remains only one contesting candidate, the Returning Officer shall, upon being satisfied of the fact of death of the candidate, countermand the poll and report the fact to the Commission through the District Election Officer and all proceedings with reference to the election shall be commenced a new in all respects as if for a new election in accordance with the rules hereinabove :

Provided that

(i) no further nomination shall be necessary in case of a person who was a contesting candidate at the time of the countermanding of the poll; and

(ii) no person who has given a notice of withdrawal of his candidature under sub-rule (1) of Rule 37 before countermanding of the poll, shall be ineligible for being nominated as a candidate for the election after such countermanding.

Rule - 47. Uncontested Elections.

(1) If for any seat, after the date and time fixed for withdrawal of nomination paper there remains only one candidate whose nomination paper is found to be valid, the Returning Officer shall forthwith declare in Form 24 the candidate duly elected to fill such seat and inform the Commission through District Election Officer of the same.

(2) If no nomination paper has been filed for any seat or if no candidate has been duly nominated for any seat, the Returning Officer shall send a report of this fact to the Commission through the District Election Officer, which shall take further action to fill such seat in accordance with the provision of the Act and these rules.

Rule - 48. Contested Elections.

In cases other than those covered by Rule 47 a poll shall take place.

CHAPTER IX POLL AND VOTING FOR ELECTION

Rule - 49. Manner of voting at election.

At every election where a poll is taken votes shall be given by ballot in the manner hereinafter provided and no voter shall be received by proxy.

Rule - 50. Ballot Box.

Every ballot box shall, subject to general or special orders of the Commission be of such design that ballot papers can be inserted therein but cannot be withdrawn therefrom with the box being unlocked and the seals being broken.

Rule - 51. Form of ballot paper.

(1) Every ballot paper shall have a counter-foil attached thereto and shall be in such form and have such particulars as may be determined by the Commission.

(2) The ballot paper shall contain the names of candidates in Hindi in the Devnagari Script arranged in the same order in which they appear in the list of contesting candidates, against their election symbols.

Rule - 52. Arrangement at the polling station.

(1) The District Election Officer shall provide at each polling station sufficient number of ballot boxes and ballot papers, copies of voters' lists in respect of the polling area, articles necessary for voters to mark the ballot papers as well as such other instruments and accessories as may be required for taking the poll.

(2) Each polling station shall be provided with one or more voting compartment in which voters can, one after another, cast their voters screened from observation, and no voter shall be allowed to enter such voting compartment when another voter is inside the same for the purpose of recording his vote.

Rule - 53. Notice at the polling station.

Outside each polling station there shall be displayed prominently,

(a) a notice specifying the polling area, the voters of which are entitled to vote at the polling station; and

(b) a notice giving the name of each candidate in Hindi in the Devnagari Script in the same order in which the names of such candidate appear in the list of contesting candidates published under Rule 35.

Rule - 54. Admission to polling station.

The Presiding Officer shall regulate the number of voters 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;

(d) candidates, their election agents and, subject to the provisions of these rules, one polling agent of each candidate;

(e) a child in arms accompanying a voter;

(f) a person accompanying a blind or infirm voter who cannot move without help; and

(g) such other person as the Returning Officer or the Presiding Officer may employ for the purpose of identifying the voters.

Rule - 55. Ballot boxes to be locked and sealed before the commencement of poll.

(1) The Presiding Officer at each polling station shall, immediately before the commencement of the poll, allow inspection of each ballot box to be used at the poll, by the candidates, their election agents and their polling agents who may be present at such station and demonstrate to them and to all other persons present, that it is empty.

(2) The Presiding Officer shall, after complying with the provisions of sub-rule (1), secure and seal the box in such manner that the slit in the box for insertion of ballot papers therein remains open and shall also allow the candidates or their election or polling agents, who may be present to affix their own seals on the space in the box meant therefor, if they so desire.

(3) The seals to be used for ballot box shall be affixed in such mariner that it shall not be possible to open the box again without breaking such seal or any thread on which the seals have been affixed.

Rule - 56. Facilities for women voters.

(1) Where a polling station is for both men and women voters, the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate batches of women and men.

(2) The Returning Officer or the Presiding Officer may appoint a woman to serve as an assistant at a polling station to assist women voters and also to assist the Presiding Officer generally in taking the poll in respect of women voters, and in particular, to help in searching any woman voter in case it becomes necessary to ensure free and fair election.

Rule - 57. Identification of voters.

(1) The Presiding Officer may employ at the polling station such persons as he thinks fit to help in the identification of the voters or to assist him otherwise in taking a poll.

[44][(1-A) The State Election Commission may give such direction regarding identification of voter as it may deem proper and if any voter fails to establish his identification in accordance with such directions, the ballot paper shall not be issued to him and he shall be deprived from right of polling.]

(2) As each voter enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf shall check the voters name and other particulars with the relevant entry in the voters' list and then call out the serial number, name and other particulars of the voter.

(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 voters' list, if he is satisfied that such person is identical with the voter to whom such entry relates.

Rule - 58. Challenging of identity.

(1) Any candidate or election agent or polling agent may challenge the identity of a person claiming to be a particular voter by first depositing a sum of Rupees five 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 for impersonation;

(b) read the relevant entry in the voters, list in full and ask him whether he is the person referred to in that entry;

(d) require him to affix his signature in the said list.

(3) The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that purpose

(a) require the challenger to adduce evidence in proof of the " challenge and the person challenged to adduce evidence in proof of his identity;

(b) put to the person challenged any questions necessary for the purpose of establishing his identity and require him to answer them on oath; and

(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 State Government and in any other case, he shall return it to the challenger at the conclusion of the inquiry.

Rule - 59. Safeguards against personation.

(1) Every voter 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 voter 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 to remove the ink mark, he shall not be supplied with any ballot paper or allowed to vote.

Explanation. Any reference in this rule to the left forefinger of a voter shall in the case where the voter 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.

Rule - 60. Issue of ballot paper.

(1) No ballot paper shall be issued to any voter before the hour fixed for the commencement of the poll.

(2) No ballot paper shall be issued to any voter after the hour fixed for the closing of the poll except to those voters who are present at the polling station at the time of the closing of the poll. Such voters shall be allowed to cast their votes even after the time for the poll is over.

(3) Every ballot paper before it is issued to a voter and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the Commission may direct, and every ballot paper, before it is issued, shall be signed in full in its back by the Presiding Officer.

(4) At the time of issuing a ballot paper to a voter, the Polling Officer shall

(a) record on its counterfoil, the electoral roll number of the voter as entered in the marked copy of the voters' list;

(b) obtain the signature or thumb impression of that voter on the said counterfoil; and

(c) underline the entry relating to a voter in the marked copy of the voters' list 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 voter :

Provided that no ballot paper shall be delivered to a voter unless he has put his signature or thumb impression on the counterfoil of that ballot paper.

(5) No person in the polling station shall note down the serial number of the ballot paper issued to a particular voter.

(6) In a polling station set-up for more than one ward of a Gram Panchayat, a voter shall be provided with the ballot paper meant for the ward of which he is a voter and of no other ward.

Rule - 61. Voting procedure.

(1) A voter on receipt of the ballot paper, shall forthwith proceed to the voting compartment; there make a mark on the ballot paper with the instrument supplied for the purpose in or near the symbol of the candidate for whom he intends to vote; fold the ballot paper so as to conceal his vote; insert the folded ballot paper into the ballot box and quit the polling station.

(2) No voter shall remain in the polling station longer that what is reasonably necessary for casting his vote.

Rule - 62. Recording of vote by blind or infirm voter.

(1) If the Presiding Officer is satisfied that owing a blindness or other physical infirmity, a voter is unable to recognise the symbols on the ballot papers or to make a mark thereon without assistance, the Presiding Officer shall permit the voter 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 the behalf and in accordance with his wishes, and if necessary, for folding the ballot paper so as to cancel the vote and inserting it into the ballot box :

Provided that before any person is permitted to act as the companion of a voter under this rule, the person shall be required to declare in Form 13-A that he will keep secret the vote recorded by him on behalf of the voter and that he has not already acted as the companion of any other voter at any polling station on that day.

(2) The Presiding Officer shall keep a record in Form 13-B of all cases under this rule.

Rule - 63. Spoiled and returned ballot papers and ballot papers found out side ballot boxes.

(1) A voter 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 "spoiled-cancelled" by the Presiding Officer.

(2) If a voter after obtaining a ballot paper decides not to use it, he shall return it to the Presiding Officer, and the ballot paper so returned shall be marked as "returned-cancelled" by the Presiding Officer.

(3) All ballot papers concerning election in different wards and constituencies cancelled under sub-rule (1) or sub-rule (2) shall be kept in separate packets.

(4) If any ballot paper, which has been issued to a voter not been inserted by him into any ballot box, but is found anywhere in or near the polling station, whether within or outside the voting compartment, it shall be deemed to have been returned to the Presiding Officer under sub-rule (2) and dealt with accordingly.

Rule - 64. Tendered votes.

(1) If a person representing himself to be a particular voter named in the voters' list applies for a ballot paper after another person has already voted as such voter, the applicant shall after duly answering such questions as the Presiding Officer may ask, be entitled to receive a ballot paper, referred to herein after as a "tendered ballot paper" in the same manner as any other voter.

(2) Every person shall before being supplied with a tendered ballot paper affix his signatures or thumb impression against the entry relating to him in a list in Form 14.

(3) A tendered ballot paper shall be the same as any other ballot paper used at the polling station except that

(a) such tendered ballot paper shall be serially the last in the bundle of ballot papers issued for use at the polling station; and

(b) such tendered ballot paper and its counterfoil shall be endorsed on the back with the words "Tendered ballot paper" by the Presiding Officer in his own hand and signed by him.

(4) The voter, after making a tendered ballot paper in the polling compartment and folding it, instead of putting it into the ballot box, shall give it to the Presiding Officer, who shall place it in a cover specially kept for the purpose.

(5) Separate covers shall be used for keeping the tendered ballot papers for election to the offices of Panch, Sarpanch and Member of Janpad Panchayat and Zila Panchayat.

Rule - 65. Closing of poll.

(1) The Presiding Officer shall close a polling station at the hour fixed in that behalf under clause (d) of Rule 28 and shall not thereafter admit any voter into the polling station :

Provided that all voters present at a polling station before it is closed shall be allowed to cast their votes.

(2) If any question arises whether a voter was present at the polling station before it was closed, it shall be decided by the Presiding Officer and his decision shall be final.

Rule - 66. Sealing of ballot boxes after poll.

(1) As soon as practicable after the closing of poll, the Presiding Officer shall, in the presence of candidates or their election or polling agents, close the slit of the ballot box and where the ballot box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any candidate, Election Agent or Polling Agent present to affix his seal.

(2) The ballot box shall thereafter be sealed and secured.

(3) Where it becomes necessary to use a second ballot box by reason of the first box getting full, the first box shall be closed, sealed and secured as provided in sub-rules (1) and (2) before another ballot box is put into use.

(4) Notwithstanding anything contained in this rule, in case a second ballot box is not used by reason of the first box getting full and counting is to be done at the polling station itself immediately after the conclusion of the poll, it would not be necessary to seal the ballot box.

Rule - 67. Account of ballot papers.

(1) The Presiding Officer shall, at the close of the poll prepare a separate ballot paper account in Form 15 for election to the office of Panch from each ward, Sarpanch, Member of Janpad Panchayat and Member of Zila Panchayat.

(2) The ballot paper accounts prepared under sub-rule (1) shall be enclosed in separate covers with the words "Ballot Paper Account" super scribed thereon, along with ward number and name of Gram Panchayat for election of Panch, name of Gram Panchayat for election of Sarpanch and constituency number for election of Member of Janpad Panchayat or Zila Panchayat, as the case may be.

[45][(3) [46][If counting of votes is not conducted at the polling station, then] the Presiding Officer shall furnish to every candidate or his polling agent, present at the close of the poll a true copy of the entries made in the relevant ballot paper account after obtaining a receipt therefor and shall also attest it as a true copy.]

Rule - 68. Sealing of other packets.

(1) The Presiding Officer shall, after preparation of ballot paper account under Rule 67, put into separate packets

(i) the marked copy of the voters' list;

(ii) the counterfoils of the used ballot papers;

(iii) the ballot papers not issued to the voters;

(iv) the tendered ballot papers in Form 14 along with their list;

(v) the cancelled ballot papers;

(vi) any other papers directed by the Commission to be kept in a separate packet.

Explanation. Separate packet shall be prepared for election to the office of Panch, Sarpanch, Member of Janpad Panchayat and Member of Zila Panchayat.

(2) Each such packet shall be sealed with the seals of the Presiding Officer and of those candidates or their election or polling agents present who may desire to affix their seals thereon.

Rule - 69. Delivery of ballot boxes, packets etc. to the Returning Officer.

(1) The Presiding Officer shall deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer or such other officer authorised by him in this behalf may direct

(a) the ballot boxes;

(b) the ballot papers account;

(d) all other papers used at the poll.

(2) The Returning Officer or such authorised 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.

Rule - 70. Adjournment of poll in emergency.

(1) If at an election, the proceedings at any polling station for the poll 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 Returning Officer or the Presiding Officer for such polling station shall announce an adjournment of the poll to a date to be fixed later and where the poll is so adjourned by the Presiding Officer, he shall forthwith inform the Returning Officer concerned.

(2) Whenever a poll is adjourned under sub-rule (1), the Returning Officer shall immediately report the circumstances to the Commission through the District Election Officer which shall, as soon as may be, fixed the day on which the poll shall recommence and fix the polling station at which and the hours during which, the poll shall be taken. The Returning Officer shall not count the votes cast at such election until such adjourned poll shall have been completed.

(3) The Presiding Officer shall follow, as far as practicable, the provisions of Rules 66 to 69 in the matter of sealing the ballot boxes and other packets. Preparation of accounts of ballot papers and delivery of the ballot boxes and other polled material, in the case of the adjourned poll, as if the poll were closed at the hour initially fixed in that behalf under Rule 28.

(4) In every such case as aforesaid, the District Election Officer shall publish the date, place and hours of the poll fixed under sub-rule (2) in the manner laid down in Rule 29 and the provisions of the rules governing the original poll shall mutatis mutandis apply to the fresh poll taken under this rule.

Rule - 71. Recommencement of adjourned poll.

(1) When a poll which was adjourned under Rule 70 is recommended, the voters who have already voted at the poll so adjourned shall not be allowed to vote again.

(2) The Returning Officer shall provide the Presiding Officer of the polling station at which such adjourned poll is held, with the sealed packets containing the marked copy of the voters' list and a new ballot box.

(3) The Presiding Officer shall open the sealed packet containing the marked copy of the voters' list in the presence of the candidates or their election agents or polling agents present and use the same for marking the names of the remaining voters to whom the ballot papers are issued at the adjourned poll, without, however, recording therein the serial number of ballot papers.

(4) The provisions of Rules 49 to 69 shall apply in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.

Rule - 72. Fresh poll in case of destruction, tempering etc. of ballot boxes or flue to procedural irregularity.

(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 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 Commission through the District Election Officer.

(2) The Commission shall on receipt of a report under sub-rule (1) and after taking all material circumstances into account, either

(a) declare the poll at the polling station to be void, appoint a day and fix the hours, for taking a fresh poll at that polling station and direct the District Election Officer to notify the day so appointed and the hours so fixed in such 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 result of the election or that the error or irregularity in procedure is not material, issue such directions to the District Election Officer as it may deem proper for the further conduct and completion of the election.

(3) In every case covered by clause (a) of sub-rule (2), the District Election Officer shall proceed to conduct the fresh poll, in accordance with the directions of the Commission and the provisions of this chapter shall apply to such fresh poll.

CHAPTER X COUNTING OF VOTES

Rule - 73. Supervision of counting of votes.

At every election where a poll is taken, votes shall be counted under the supervision and direction of either the Returning Officer or such other officer as may be authorised by him in this behalf and each contesting candidate, or his election agent and his counting agents shall have a right to be present at the time of counting.

Rule - 74. Admission to the place fixed for counting.

(1) The Returning Officer or such other officers authorised by him in this behalf, 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) person authorised by the Commission or the District Election Officer;

(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 or such other officers authorised by him in this behalf, shall decide which counting agent or agents shall watch the counting at any particular counting table or tables.

(4) Any person, who during the counting of votes misconducts himself or fails to obey the lawful directions of the Returning Officer or such other officer authorised by him in this behalf may be removed from the place where the votes are being counted, by the Returning Officer or such other officer authorised by him or by any Police Officer on duty.

Rule - 75. Scrutiny and opening of ballot boxes.

(1) The Returning Officer or such other officers authorised by him, may have the ballot boxes used at a polling station, opened and their contents counted simultaneously.

(2) Before any ballot box is opened at a counting table, a candidate or his election agent or counting agent present at the table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy himself that it is intact.

(3) The Returning Officer or such other officer authorised by him, shall satisfy himself that none of the ballot boxes has in fact been tampered with.

(4) If the Returning Officer or such other officer authorised by him, 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 72, in respect of that polling station.

Rule - 76. Scrutiny and rejection of ballot papers.

(1) A ballot paper contained in a ballot box shall be rejected if

(a) it bears any mark or writing by which the voter can be identified; or

(b) it is a spurious ballot paper; or

(d) it bears a serial number, or is of a design, different from the serial numbers of, as the case may be or design of the ballot paper authorised for use at the particular polling station; or

(e) it does not bear any mark which it should have borne under the provisions of sub-rule (3) of Rule 60; or

(f) it has not been marked; or

(g) it has been marked in the columns of more than one candidate; or

(h) it has been marked by an equipment and in the manner other than the equipment and the manner prescribed for that purpose :

Provided that where Returning Officer or such other officer authorised by him, on being satisfied that any such defect as is mentioned in clause (d) or clause (e) has in respect of all or any ballot papers used at a polling station been caused by the mistake or failure on the part of the Presiding Officer or Polling Officer concerned, has directed that the defect should be over-looked, a ballot paper shall not be rejected only on the ground of such defect under clause (d) or clause (e).

(2) Before rejecting any ballot paper under sub-rule (1), the Returning Officer or such other officer authorised by him, 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.

(3) The Returning Officer or such other officer authorised by him, shall record on every ballot paper which he rejects the letter 'R' and the grounds of rejection in abbreviated form whether in his own hand or by means of a rubber stamp.

(4) All ballot papers rejected under this rule shall be bundled together.

Rule - 77. Counting of votes.

(1) Every ballot paper which is not rejected under Rule 76 shall be counted :

Provided that no cover containing tender ballot papers shall be opened and no such ballot paper shall be counted.

(2) After the counting of votes in respect of a polling station has been completed, the Returning Officer or such other officer authorised by him, shall make the entries in result sheet in Form 16 for Panchas and in Part one of the result sheet in Forms 17, 18 and 19 for Sarpanch, members of Janpad Panchayat and Zila Panchayat respectively and announce the total number of votes polled by each candidate.

(3) All valid ballot papers shall be bundled together and kept along with the bundle of rejected ballot papers in a separate packet which shall be sealed and on which shall be recorded the following particulars, namely :

(a) the number of the ward and name of Gram Panchayat in case of election of Panch, the name of Gram Panchayat in case of election of Sarpanch, the number of constituency of Janpad Panchayat or Zila Panchayat as the case may be, in case of election of member of Janpad Panchayat or Zila Panchayat;

(b) the number and name of the polling station where the ballot papers have been used; and

[47][(4) The Returning Officer or the Officer authorised by him shall furnish to every candidate or his counting agent, present at the close of the counting, a true copy of the relevant result sheet prepared under sub-rule (2) after obtaining a receipt therefor and shall also attest it as a true copy.]

Rule - 78. Counting to be continuous.

The Returning Officer or such other officer authorised by him, shall as far as practicable, proceed continuously with the counting of votes and shall, during any intervals when the counting has to be suspended, keep the ballot papers, packets and other papers relating to the election sealed with his own seal and the seals of such candidates or their election or counting agents as may be desirous of affixing their seals and shall cause adequate precautions to be taken for their safe custody during such intervals.

Rule - 79. Re-commencement of counting after fresh poll.

(1) If a fresh poll is held under Rule 72, the Returning Officer or such other officer authorised by him, shall after completion of that poll recommence the counting of votes on the date and at the time and place which have been fixed in that behalf and of which notice has been previously given to the candidates or their election agents.

(2) The provisions of Rules 76 and 77 shall apply so far as may be practicable to such further counting.

Rule - 80. Recount of votes.

(1) After an announcement has been made by the Returning Officer or such other officer authorised by him, of the total number of votes polled by each candidate under sub-rule (2) of Rule 77, a candidate or, in his absence, his election agent or his counting agent may apply in writing to the Returning Officer or such officer authorised by him, for a recount of all or any of the votes already counted, stating the grounds on which he demands such recount.

(2) On such an application being made the Returning Officer or such other officer authorised by him shall decide the matter and may allow the application in whole or in part or may reject it in toto if it appears to him to be frivolous or unreasonable.

(3) Every decision of the Returning Officer or such other officer authorised by him, under sub-rule (2) shall be in writing and contain the reasons therefor.

(4) If the Returning Officer or such other officer authorised by him, decides under sub-rule (2) to allow an application either in whole or in part, he shall

(a) count the ballot papers again in accordance with his decision;

(b) amend the result sheet to the extent necessary after such recount; and

(5) After the total number of votes polled by each candidate has been announced under sub-rule (2) of Rule 77 or sub-rule (4), the Returning Officer or such other officer authorised by him shall complete and sign the result sheet and no application for a recount shall be entertained thereafter :

Provided that no step under this sub-rule shall be taken on the completion of the counting until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule (1).

(6) The counted ballot papers shall be bundled and kept in the manner mentioned in sub-rule (3) of Rule 77.

(7) Result sheets in Forms 16, 17, 18 and 19 for Panch, Sarpanch, Member of Janpad Panchayat and Member of Zila Panchayat respectively, prepared by such other officers as are authorised by the Returning Officer, shall be submitted by them, in separate envelops to the Returning Officer for compilation and tabulation of voles polled by each candidate.

(8) The Returning Officer on receipt of result sheets under sub-rule (7) shall enter of cause to be entered the total number of votes polled by each candidate contesting for a seat of Sarpanch, Member of Janpad Panchayat or Member of Zila Panchayat at each polling station of the concerned constituency in subsequent part or parts of Form 17, 18 and 19 respectively and complete and sign the result sheet.

Rule - 81. Preparation of return of election and declaration of result.

(1) The Returning Officer shall prepare a return of election to the office of

(a) Panch in Form 20 on the basis of result sheet complied in Form 16;

(b) Sarpanch in Form 21 on the basis of result sheet complied in Form 17;

(d) Member of Zila Panchayat in Form 23, of the basis of the result sheet complied in Form 19.

and declare the candidate who has received the largest number of valid votes elected.

(2) The return of election and declaration made under sub-rule (1) shall be subject to the order passed by the District Election Officer under Rule 84, if any.

(3) The Returning Officer shall send two signed copies of every return under sub-rule (1) to the District Election Officer who shall retain one copy in his office and send the other copy of the Commission forthwith.

Rule - 82. Equality of votes.

If, after the counting of votes is completed, equality of votes is found to exist between any candidates and an addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot and proceed as if the candidate on whom the lot falls has received one additional vote. In such a case, the Returning Officer shall add the following words at the end of the return in Form 20, 21, 22 or 23 as the case may be, namely, "by draw of lot".

Rule - 83. Grant of certificate of election to the returned candidate.

As soon as may be after a candidate has been declared elected under Rule 81, the Returning Officer shall grant to such candidate a certificate of election in Form 25 and obtain from the candidate an acknowledgement of its receipt duly signed by him.

Rule - 84. Powers of District Election Officer to correct clerical or arithmetical mistakes or errors.

(1) The District Election Officer may at any time but not later than 15 days from the date of declaration of result under Rule 81, either suo motu or on a report of the Returning Officer, correct, by an order any clerical or arithmetical mistake or error in the result sheet in Form 16, 17, 18 or 19 or in the return of election in Form 20, 21, 22 or 23 as the case may be :

Provided that no correction or amendment shall be made except after giving a notice to all contesting candidates from the ward or constituency in question, about the date, time and place for taking up the matter for such correction.

(2) An order passed by the District Election Officer under sub-rule (1) shall be in writing and contain reasons therefor and a corrected copy of the return of election in Form 20, 21, 22 or 23 as the case may be, duly signed and certified by the District Election Officer shall be sent to the Returning Officer for grant of certificate of election to the candidate declared elected as a result of such correction.

(3) Nothing in sub-rule (1) shall confer any power or authority upon the District Election Officer to open any envelope containing counted ballot papers or to direct re-counting of votes.

(4) The certificate of election in Form 25 under Rule 83, if already granted by the Returning Officer to a candidate before an order is passed by the District Election Officer under sub-rule (1) shall be deemed to have been recalled and cancelled.

CHAPTER XI MISCELLANEOUS

Rule - 85. Return or forfeiture of Security deposits.

(1) The Security deposit made under Rule 33 shall either be returned to the person making it or his legal representative or be forfeited to the State Government in accordance with the provisions of this rule.

(2) Except in cases hereinafter mentioned in this rule, deposit shall be returned as soon as practicable after the result of the election is declared.

(3) If the candidates 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 his 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.

[48][(5) Notwithstanding anything contained in this rule, the security deposit made under Rule 33 shall not be returned and shall stand forfeited to the State Government, if a claim therefor is not preferred by the person making it or through his legal representative, as the case may be within six months from the date of declaration of result of election.]

Rule - 86. Custody of papers relating to election.

The District Election Officer shall keep in custody the packets referred to in Rules 67 and 68 and all other papers relating to the election.

Rule - 87. Production and inspection of election papers.

While in the custody of the District Election Officer

(a) the packets of unused ballot papers;

(b) the packets of used ballot papers whether valid, tendered or rejected;

(d) the packets of marked copies of the voters' lists;

shall not be opened and their contents shall not be inspected by or produced before, any person or authority except under the order of a Competent Court or Authority.

Rule - 88. Disposal of Election Papers.

(1) The packets referred to in Rule 87 shall be retained for a period of six months and shall thereafter be destroyed subject to any direction to the contrary given by the Commission or by a Competent Court or Authority, or pending legal proceedings.

(2) All other papers relating to an election shall be retained for such period as the Commission may direct by a general or special order.

Rule - 89. Casual vacancies in Panchayats.

(1) When any vacancy occurs due to any reason such as death, disqualification, resignation, absence without leave, setting aside of election etc. of a member of a Panchayat, or Sarpanch the Secretary of the Gram Panchayat or the Chief Executive Officer of the Janpad Panchayat or the Zila Panchayat as the case may be, shall inform the District Election Officer about such vacancy within seven days from the date of its occurrence.

(2) The District Election Officer shall ensure due observance of sub-rule (1) and send to the Commission, in the first week of every month a consolidated statement of vacancies in the various Panchayats of the District, whereupon, the Commission shall take necessary action to fill the vacant seats and the provisions of these rules shall, mutatis mutandis apply to fresh poll taken to fill such seats.

Rule - 90. Manner of notifying election.

The Commission shall notify or cause to be notified

(a) every election of a Panch and Sarpanch of a Gram Panchayat, by affixing a notice in Form 26-A on the notice board in the office of the Gram Panchayat concerned and in the office of the Janpad Panchayat within such Gram Panchayat is situate;

(b) every election of member of a Janpad Panchayat, by affixing a notice in Form 26-B on the notice board in the office of the Janpad Panchayat concerned and in the office of the District Election Officer; and

(c) every election of a member of a Zila Panchayat, by affixing a notice in Form 26-C on the notice board in the office of the Zila Panchayat and in the office of the District Election Officer.

Rule - 91. Repeal.

The Madhya Pradesh Panchayat Nirvachan Niyam, 1994, are hereby repealed.

[1] Vide Notification No. B-1-40-95-XXII-P-2, dated 23-12-1995, Published in M.P. Gazette (Extraordinary) dated 26-12-1995 at p. 1210(93).

[2] Substituted by Notification No. B-1-40-95-XXII-P-2, dated 4-2-1998.

[3] Substituted by Notification No. F.1-40-95-XXII-P-2, dated 5-3-1999.

[4] Inserted by Notification No. F.1-40-95-XXII-P-2, dated 5-3-1999.

[5] Added by Notification No. F-1-40-95-XXII-P-2, dated 12-4-1999.

[6] Substituted by ibid.

[7] Inserted by Notification No. F.1-40-95-XXII-P-2, dated 5-3-1999.

[8] Omitted by Notification No. F-1-40-95-XXII-P-2, dated 12-4-1999.

[9] Omitted by ibid.

[10] Substituted by ibid.

[11] Substituted by Notification No. F.1-40-95-XXII-P-2, dated 5-3-1999.

[12] Inserted by ibid.

[13] Inserted by Notification No. F.1-40-95-XXII-P-2, dated 5-3-1999.

[14] Substituted by ibid.

[15] Inserted by ibid.

[16] Omitted by Notification No. F-1-40-95-XXII-P-2, dated 12-4-1999.

[17] Omitted by ibid.

[18] Substituted by ibid.

[19] Substituted by Notification No. F-1-40-95-XXII-P-2, dated 12-4-1999.

[20] Inserted by ibid.

[21] Substituted by Notification No. F-1-40-95-XXII-P-2, dated 12-4-1999.

[22] Substituted by Notification No. F-1-40-95-XXII-P-2, dated 17-2-1999.

[23] Substituted by Notification B-1-40-95-XXII-P-2, dated 4-2-1998.

[24] Inserted by ibid.

[25] Substituted by Notification B-1-40-95-XXII-P-2, dated 4-2-1998.

[26] Inserted by Notification No. F-1-40-95-XXII-P-2, dated 17-2-1999.

[27] Inserted by Notification No. F.1-40-XXII-P-2, dated 10-4-2002.

[28] Inserted Notification No. B-1-40-95-XXII-P-2, dated 4-2-1998.

[29] Substituted Notification No. F.1-40-95-XXII-P-2, dated 17-2-1999.

[30] Substituted by Notification No. F.1-40-XXII-P-2, dated 10-4-2002. Prior to substitution it was as under:

"Provided that no person who is not a Government servant or a servant of any authority under the Municipal Law or any public undertaking under the State Government shall be appointed as Presiding Officer :"

[31] Inserted by Notification No. B-1-40-95-XXII-P-2, dated 4-2-1998.

[32] Substituted by Notification No. F.1-40-95-XXII-P-2, dated 17-2-1999.

[33] Inserted by ibid.

[34] Inserted by M.P. Notification No. F-1-3-2004-XXII-P-2, dated 20-9-2004.

[35] Substituted by Notification No. F.1-40-XXII-P-2, dated 10-4-2002 for "Rs. 40/-".

[36] Substituted by Notification No. F.1-40-XXII-P-2, dated 10-4-2002 for "Rs. 200/-".

[37] Substituted by Notification No. F.1-40-XXII-P-2, dated 10-4-2002 for "Rs. 500/-".

[38] Substituted by Notification No. F.1-40-XXII-P-2, dated 10-4-2002 for "Rs. 1000/-".

[39] Substituted by Notification No. F.1-40-95-XXII-P-2, dated 17-2-1999.

[40] Substituted by Notification No. F-1-3-2004-XXII-P-2, dated 20-9-2004. Prior to substitution it was as under :

"(c) that there has been a failure to comply with any of the provisions of Rule 31, 32 or 33."

[41] Substituted by Notification No. F.1-40-XXII-P-2, dated 10-4-2002. Prior to substitution it was as under:

"The application may be given either by the candidate in person or by his proposer or election agent who has been authorised in this behalf in writing by the candidate :

Provided that where the application is delivered to the Returning Officer by the proposer or the election agent of a candidate, it shall be accepted only if presented along with the acknowledgement of the nomination paper given to the candidate or his proposer at time of presentation of the nomination paper under Rule 32."

[42] Substituted by Notification No. F-1-40-XXII-P-2, dated 10-4-2002. Prior to substitution it reads as under:

"(2) The allotment by Returning Officer of any symbol to a candidate shall be final, except where it is inconsistent with any order or direction issued by the Commission in this behalf, in which case the Commission may revise the allotment in such manner, as it deems fit."

[43] Inserted by Notification No. F.1-40-95-XXII-P-2, dated 17-2-1999.

[44] Inserted by Notification No. F-1-6-2004-XXII-P-2, dated 22-12-2004.

[45] Inserted by Notification No. F-1-40-XXII-P-2, dated 10-4-2002.

[46] Inserted by Notification No. F-1-4-2004-XXII-P-2, dated 29-9-2004.

[47] Inserted by Notification No. F-1-40-XXII-P-2, dated 10-4-2002.

[48] Inserted by Notification No. F.1-40-95-XXII-P-2, dated 17-2-1999.

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MADHYA PRADESH PANCHAYAT NIRVACHAN NIYAM, 1995

MADHYA PRADESH PANCHAYAT NIRVACHAN NIYAM, 1995

PREAMBLE

Rule - 1. Short title and commencement.

Rule - 2. Definitions.

Rule - 3. Matters to be taken into consideration in formation of wards.

Rule - 4. Powers of Collector to determine reserved seats for wards.

Rule - 5. Matters to be taken into consideration in formation ofconstituencies of Janpad Panchayat and Zila Panchayat.

Rule - 6. Reservation of Constituencies.

Rule - 7. Determination of reserved seats for Sarpanch.

Rule - 8. Assistance in the matter of reservation.

Rule - 9. Preparation of voters' list.

Rule - 10. [Publication of voters' list for inviting claims and objections.

Rule - 11. Claims and Objections.

Rule - 12. Disposal of claims and objections.

Rule - 13. Inspection and issue of certified copies.

Rule - 14. Duration of voters' list and its revision.

Rule - 15. [Finalisation of voters' list.

Rule - 15-A. [Deletion of entries in the voters' list in certain cases.

Rule - 16. [Custody and destruction of papers.

Rule - 17. Officers and staff for conducting elections.

Rule - 17-A. [Requisition of vehicles etc. for panchayat election purposes.

Rule - 17-B. Payment of compensation.

Rule - 17-C. Manner of serving order of requisition of vehicles, vessels and animals.

Rule - 17-D. Penalty for contravention of any order regarding.

Rule - 18. Commission's power to issue General or Special orders or directions.

Rule - 19. District Election Officer and Deputy District Election Officer.

Rule - 19-A. [Observers.

Rule - 20. Appointment of Returning Officer.

Rule - 21. Appointment of Assistant Returning Officer.

Rule - 22. General duty of Returning Officer.

Rule - 23. [Polling Stations.

Rule - 24. Appointment of Presiding and Polling Officers.

Rule - 25. General duty of Presiding Officer.

Rule - 26. Duty of a Polling Officer.

Rule - 27. Control of District Election Officer.

Rule - 27-A. [Returning Officer, Presiding Officer, etc. deemed to be on deputation to Election Commission.

Rule - 28. Notice of election and time schedule therefor.

Rule - 29. [Manner of publication of notice under Rule 28.

Rule - 29-A. [Publication of notice regarding reservation/status of seats.

Rule - 30. Extension of time for completion of election.

Rule - 31. Nomination of candidates.

Rule - 31-A. [Information of criminal record, properties, liabilities and educational qualifications etc. of candidates.

Rule - 32. Presentation of nomination papers.

Rule - 33. [Security deposit.

Rule - 34. Notice of nomination and time and place for scrutiny.

Rule - 35. Scrutiny of nomination papers.

Rule - 36. Revision of rejected nomination papers in certain cases.

Rule - 37. Withdrawal of candidature.

Rule - 38. Preparation of list of contesting candidates.

Rule - 39. Allotment of Symbols for election.

Rule - 40. Publication of list of contesting candidates.

Rule - 40-A. [Stay on elections in certain cases.

Rule - 41. Appointment of election agent and revocation of such appointment.

Rule - 42. Appointment of polling agent.

Rule - 43. Appointment of counting agent.

Rule - 44. Revocation of the appointment or death of polling agent.

Rule - 45. Revocation of the appointment or death of the counting agent.

Rule - 46. Death of candidate before poll.

Rule - 47. Uncontested Elections.

Rule - 48. Contested Elections.

Rule - 49. Manner of voting at election.

Rule - 50. Ballot Box.

Rule - 51. Form of ballot paper.

Rule - 52. Arrangement at the polling station.

Rule - 53. Notice at the polling station.

Rule - 54. Admission to polling station.

Rule - 55. Ballot boxes to be locked and sealed before the commencement of poll.

Rule - 56. Facilities for women voters.

Rule - 57. Identification of voters.

Rule - 58. Challenging of identity.

Rule - 59. Safeguards against personation.

Rule - 60. Issue of ballot paper.

Rule - 61. Voting procedure.

Rule - 62. Recording of vote by blind or infirm voter.

Rule - 63. Spoiled and returned ballot papers and ballot papers found out side ballot boxes.

Rule - 64. Tendered votes.

Rule - 65. Closing of poll.

Rule - 66. Sealing of ballot boxes after poll.

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