MAHARASHTRA MUNICIPAL COUNCILS AND NANAR PANEHAYATS [PRESIDENT ELECTION] RULES, 1981

PREAMBLE

In exercise of the powers conferred by sub-section (2) of section 321 read with sub-section (1) and clauses (b), (c), (g), (i), (j), (1), (m), (n) and (q) of sub-section (2) of section 17 and [1][sections 51 and 51-1A of the Maharashtra Municipal Councils, Nagar Panehayats and Industrial Townships Act, 1965] (Mah. XL of 1965), and of all other powers enabling it in that be-half, the Government of Maharashtra hereby makes the following rules the same having been previously published as required by sub-section (3) of the said section 321, namely :

Rule - 1. Short title.

These rules may be called the Maharashtra 1[Municipal Councils and Nagar Panehayats] (President Election) Rules, 1981.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires.

(a)      "Act" means the Maharashtra Municipal Councils, Nagar Panehayats and Industrial Townships Act, 1965 (Mah. XL of 1965);

(b)      "Form" means a Form appended to these rules;

(c)      "Presiding Authority" means the Collector or the officer appointed by him under sub-section (3) of section 51 to preside over a meeting called for election of a President;

(d)      "section" means a section of the Act.

(2)     Words and expressions used in these rules, but not defined, shall have the meanings, respectively, assigned to them in the Act.

Rule - [2-A. Reservation of offices of President and proceudre for allotting the reserved seats of different Municipal Councils and Nagar Panchayats.-

(a)      The State Government shall by order published in the Official Gazette, reserve the offices of the President of Municipal Councils or, as the case may be, of Nagar Panchayats in the State for candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward Class of Citizens and Women. While determining the number of offices to be so reserved,-

(i)       the number of offices to be reserved for the candidates belonging to the Scheduled Castes and Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State, as the population of the Scheduled Castes or Scheduled Tribes, as the case may be, in the Municipal Councils and Nagar Panchayats of the State bears to the total population in the Municipal Councils and Nagar Panchayats of the State and such offices may be allotted by rotation to different Municipal Councils and Nagar Panchayats in the State.

Explanation.- While calculating the number of offices the fraction of one-half or more shall be counted as one and the fraction of less than one-half shall be ignored.

(ii)      twenty-seven per cent, of the offices shall be reserved for the candidates belonging to the Backward Class or Citizens and such offices may be allotted by rotation to different Municipal Councils and Nagar Panchayats in the State;

(iii)     not less than one-third of the total number of offices reserved under clauses (i) and (ii) for women candidates belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be Backward Class of Citizens; and

(iv)    not less than one-third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Class of Citizens) of the total number of offices to be filled in the State, shall be reserved for women candidates; and such offices may be allotted by rotation to different Municipal Councils and Nagar Panchayats in the State. In determining such figure, a fraction shall be taken into consideration so as to ensure that not less than one-third of the total number of offices of Presidents are reserved for the above categories are reserved for women.

(b)      [2][The procedure for allotting reserved seats to different Municipal Councils shall be as follows:

(i)       While allotting the offices of the President, for persons belonging to the Scheduled Castes, Scheduled Tribes and the Backward Class of Citizens (including women belonging to the said categories), the offices of the Presidents reserved for any of the said categories in the immediately preceding term, shall be excluded.

(ii)      Subject to the provisions of clause (i),-

(a)      The reservation of offices of the Presidents for candidates belonging to the Scheduled Castes and the Scheduled Tribes in the Municipal Councils and Nagar Panchayats shall be made with reference to the largest percentage of population of the said category in the Municipal Councils and Nagar Panchayats to the total population' of such Municipal Councils and Nagar Panchayats in the descending order :

Provided that, in case where the name of any Municipal Council or, as the case may be, of Nagar Panchayat, appears in both the categories, that is to say, the Scheduled Castes and the Scheduled Tribes, the reservation of the office of the President for such Municipal Council, or the Nagar Panchayat, as the case may be, shall be decided on the basis of higher percentage of the population belonging to either of the said categories and in such case in the next Municipal Council, or, as the case may be, Nagar Panchayat, in that order shall be reserved for other category. Provided also that, in case where the percentage of both the categories is equal, the reservation of such offices shall be decided by drawing lots;

(b)      (b) Offices reserved for Backward Class of citizens and women shall be allotted by drawing lots and offices may be allotted by rotation to different Municipal Councils and Nagar Panchayats in the State;

(iii)     The offices of the President so reserved and allotted shall be notified in the Official Gazette.][3]

(c)      [4][Subject to the provisions contained in clauses (q) and (b), the reservation of offices of the Presidents of the Municipal Councils of Mira-Bhayandar, Bhiwandi-Nizampur, Malegaon, Jalgaon, Dhule and Ahmednagar, which have not been taken into account for the purpose of fixing the reservation of the offices of the Presidents of Municipal Councils, specified under Government Notification, Urban Development Department No. GEN-102001/2864/CR-201/ 2001/UD-14, dated the 25th October, 2001 (hereinafter referred to as "the said notification") shall be decided as follows, namely :-

(i)       if any of the said six Municipal Councils is having more percentage of population of Scheduled Castes or Scheduled Tribes than the municipal councils in which the reservation for office of the President is already fixed under the said notification, then, the office of the President of such Municipal Council shall be reserved for the candidates belonging to the Scheduled Castes or, as the case may be, Scheduled Tribes and accordingly the name of the Municipal Council, last in the list of reservation fixed under the said notification, shall be deleted from the said list of reservations; 

(ii)      out of the said Six Municipal Councils, the offices of Presidents shall be reserved for the candidates belonging to Backward Class of Citizens and Women after taking into consideration the seats already reserved for such categories under the said Notification] [5][2C.' Tenure of reservation of office of President of Municipal Council.- The office of the President in a Municipal Council or a Nagar Panchayat, as the case may be, reserved for the Scheduled Castes, the Scheduled Tribe or the category of Backward Class of Citizens or women, shall continue to be reserved for the full term of one year for the same category for which it has been reserved :

Provided that in the Municipal Council or the Nagar Panchayat, as the case may be, in which one Councillor is available from a particular category and the office of the President is also reserved for the same category, in the event of casual vacancy in the office of the President for whatever reason, it shall be allotted by draw of lots to any of the categories for which the office of President may be reserved under section 51-1A of the Act. The same process shall be applied in case where no Councillor belonging to a particular category for which the office has been reserved has filed the nomination:

Provided further that, in a case where the office of the President is reserved for women belonging to the Scheduled Castes, or the Scheduled Tribes or as the case may be, for the category of Backward Class of Citizens, in the event of casual vacancy in the office of the President and there being no other women councillor belonging to the said Castes or the Tribes or the category of the Backward Class of Citizens available for whatever reasons then the office of the President, for the remainder of the term, shall be treated as (i) if originally reserved for women belonging to the Scheduled Castes, then for the Scheduled Castes, (ii) if originally reserved for women belonging the Scheduled Tribes, then for the Scheduled Tribes and (iii) if originally reserved for the women belonging to the Backward Class of Citizens then for the Backward Class of Citizens.

Rule - [3. Election to the office of President.-

[6][(1) The Collector of the District shall, for the purpose of holding of election to the office of the President, fix a day for the special meeting and the days accordingly for Election) Rules, 1981 filing nominations for that purpose. The notice of such meeting and of the days fixed for filing nominations shall be given to all the Councillors prior to such dates :

Provided that, the date of election shall be a date later than atleast three days from the last date for filing nomination.][7]

Rule - 4. Submission of nomination paper.

[8][(1) Any Councillor who intends to contest the election to the said post shall.either in person or through his duly authorised representative, submit his nomination in the Form I appended to these rules, on the days fixed for nominations, under sub-rule (1J of rule 3, to the Chief Officer of the Council. Such nomination may be filed upto 2.00 p.m. on the last day fixed for filing of nominations.)

(2)    Each nomination paper shall state the name of the candidate in full and subscribed by one Councillor as proposer and another as seconder.

(3)    No Councillor shall propose or second the nomination of more than one candidate.

(4)   Nothing in this rule shall prevent any candidate from submitting more than one nomination paper :

Provided that, not more than four nomination papers shall be presented by or on behalf of any candidate.

Rule - 5. Presiding Authority.

The special meeting to elect the President shall be presided over by the Collector or the officer appointed by him under sub-section (3) of section 51, but the Collector or such other officer shall have no right to vote.

Rule - [6. Scrutiny of nominations.

Immediately, after the time for submission of nomination papers, as provided under sub-rule (1) of rule 4 is over, the Collector or the officer authorised by him shall scrutinise the applications and reject the applications received in contravention of the said rule. He shall display the names of the candidates whose nominations have been rejected alongwith the reasons there for on the notice board by 5.00 p.m. and also communicate the same to, the concerned candidate, informing him that if such candidate wishes to file appeal against the said decision under sub-section (4) of section 51 of the Act, the time for filing such appeal starts from the aforesaid time of 5.00 p.m. After the period of appeal is over, the list of all validly nominated councillors having regard to the decision of the appeal (if any) shall be prepared and such list shall be affixed on the notice board of the Council on the same day.

Rule - 6-A. Withdrawal of nominations.

(1)     Any candidate who has filed his nomination may, withdraw his candidature by notice in writing, handed over to the Chief Officer such notice of withdrawal of candidature "may be given upto 4.00 p.m. on the next day of the day on which the list of all validly nominated candidates was displayed on the notice board on the day of scrutiny of nominations under rule 6.

(2)     No person who has given a notice of withdrawal of his candidature shall be allowed to cancel the notice.

Rule - 6-B. Reading of the names of contesting candidates.

The presiding authority shall, at the commencement of the meeting, read out the names of all candidates whose nominations have been validly accepted and the names of candidates withdrawing their candidatures.][9]

Rule - 7. Election procedure and the declaration of election result.

(1)     If. there is only one valid nomination the presiding authority shall declare such candidate as duly elected candidate to the office of the President.

(2)     If the number of validly nominated candidates is more than one, the presiding authority shall arrange the names of contesting candidates in alphabetical order.

(3)     The presiding authority shall announce the name of the contesting candidate in the alphabetical order and shall take voting by show of hands.

(4)     The names of the Councillors who have voted in favour of the candidate shall be recorded in the minutes.

(5)     The presiding authority shall ensure that,-

(i)       every member who desires to cast his vote is given fair and reasonable opportunity of casting his vote and the vote so cast is recorded properly against the name of the candidate in whose favour the vote is cast; and

(ii)      the Councillor, whose vote is recorded once shall not be allowed to recast or change his vote.

(6)     The presiding authority shall also record the names of those Councillors who abstain from voting.

(7)     The presiding authority after recording the names of the Councillors who have votes or abstained from voting, shall announce the number of votes secured by each contesting candidate.

(8)     The presiding authority after declaring the number of votes polled by each contesting candidate shall proceed on to declare the result. The candidate who pools highest number of votes shall be declared as duly elected.

(9)     In case of equality of votes the presiding authority shall declare that the result of the election shall be decided by drawing lots. The lots will be drawn by such person as may be decided by the majority of the Councillors present and entitled to vote,

(10)   The candidate on whom the lot falls shall be declared to be validly elected to the said post.

(11)   The presiding authority besides recording the proceedings in writing shall also cause the proceedings to be recorded by way of videography to ensure free and fair elections.

(12)   The presiding authority may take necessary help of any officer of the Council in conducting the election process.

Rule - [7-A. Publication of the name of President.-

The name of the President elected under rule 7 shall be notified by the Collector, in the-Official Gazette, within fifteen days from the date of election.][10]