In exercise of the powers conferred by
clauses (i) and (iii) of sub-section (2) of section 274 of the Maharashtra
Zilla Parishads and Panchayat Samitis. Act, 1961 (Mah. V of 1962), read with sub-section
(2) of section 9 and of section 14 of the said Act, and of all other powers
enabling it in this behalf and in supersession of all previous rules, made in
this behalf and continued in force by clause (h) of all previous rules, made in
this behalf and continued in force by clause (h) of paragraph 2 of the Eleventh
Schedule to the said Act, 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 274, namely: CHAPTER I PRELIMINARY These rules may be called the Maharastra
Zilla Parishads Election Rules, 1962. In these rules, unless the context requires
otherwise, (a)
"Act"
means the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961; [1][(a-1) "
counterfoil" means the counterfoil attached to a ballot paper printed
under the provisions of these rules;] (b)
"electoral
division" means an electoral division of a District determined under
section 12; (c)
"
Form " means a form appended to these rules and includes a translation
thereof in Marathi; [2][(c-1) "public
holiday" means any day which is declared to be a public holiday under the
Explanation to section 25 of the Negotiable Instruments Act, 1881 (26 of 1881),
or any day which is notified by the State Government to be a holiday for
Government Offices in the State;)] [3][(c-2) "list of
voters" means the list of voters notified by the State Government under
sub-section (1) of section 13; (c-3) "marked
copy of the list of voters" means the copy of the list of voters set apart
for the purpose of marking the names of voters to whom ballot papers are issued
at an election;] (d)
"reserved
seat " means a seat reserved for the representation of Scheduled Castes
and Scheduled Tribes under sub-section (2) of section 12; (e)
"
section " means a section of the Act. CHAPTER II Administrative
Machinery for the Conduct of Elections The Collector shall appoint [4][a
Returning Officer (who shall be an officer of Government or of a local
authority)] for one or more electoral divisions. (1)
The
Collector may also appoint one or more persons to assist any Returning Officer
in the performance of his functions: [5][Provided that, every
such person shall be an officer of Government or of a local authority.] (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: Provided that no Assistant Returning Officer
shall perform any of the functions of the Returning Officer which relate to the
scrutiny of nomination papers [6][*
* * * *] unless the Returning Officer is unavoidably prevented from performing
the said function. Subject to the provisions of rule 4,
reference in these rules to the Returning Officer shall, unless the context
otherwise requires, be deemed to include an Assistant Returning Officer. It shall be the general duty of the Returning
Officer at any election to do all such acts and things as may be necessary for
effectually conducting the election in the manner provided by these rules. The Returning Officer shall provide a
sufficient number of polling stations for each electoral division for which
election is to be held and shall, not later than seven days before the date of
poll, publish a list showing the polling stations and the areas for which they
will be set up (hereinafter referred to as the "polling area "). (1)
The
Returning Officer shall appoint a Presiding Officer for each polling station
and such polling officer or officers to assist the Presiding Officer as he
thinks necessary, but shall not appoint any person who has been employed
by or on behalf of, or has been otherwise working for, a candidate in or about
the election: Provided 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, if so directed by the Presiding Officer, perform all or
any of the functions of a Presiding Officer under these rules. (3)
If
the Presiding Officer, owing to illness or other unavoidable cause, is obliged
to absent himself from the polling station, his functions shall be performed by
such polling officer as has been previously authorised by the Returning Officer
to perform such functions during any such absence. (4)
References
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). It shall be the general duty of the Presiding
Officer at a polling station to keep order thereat and to see that the poll is
fairly taken. The Returning Officer, Assistant Returning
Officer, Presiding Officers, polling officers and all other persons appointed
in any matter connected with these rules shall work under the general guidance,
superintendence and control of the Collector. CHAPTER III CONDUCT OF ELECTIONS [7][(1) When the fixing
the date for holding an election under section 14, the Collector shall, by
order in Form I, appoint (a)
the
last date for making nominations which shall not be later than fifteen days
before the date fixed for the poll; or, if that day is a public holiday, the
next succeeding day which is not a public holiday and the time and place for
making nominations; (b)
the
date for the scrutiny of nominations, which shall be the day immediately
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, and the
time and place for the scrutiny of nominations on that day; (c)
the
date on which, and the time during which, the poll shall be taken; and (d)
the
date or dates (not being a date or dates falling on a public holiday or
holidays) and the time and place for the counting of votes on such date or
dates. [8][(2) Except with the
previous sanction of the State Government, the dates fixed under sub-rule (1)
shall not be changed within seven days of the date fixed for the poll. (2A) Notwithstanding
anything contained in sub-rule (2), where the Collector is of the opinion that
it is necessary in the public interest so to do, he may, and during any period
which is declared by Government to be a period of National or
State Mourning, he shall, subject to such general or special instructions
as the State Government may issue in this behalf, by order, change any dates
fixed as aforesaid. In cases falling in the former category, he shall record in
the order the reasons in relation to the public purpose for which the date has
been changed. In either cases the Collector shall forthwith
send a copy of the order to the State Government through the Commissioner of
the Division concerned and give publicity regarding the change of date in the
manner provided in clauses (a), (b) and (c) of sub-rule (1) of rule 12.][9] (3) Nothing
contained [10][in
sub-rules (1) and (2) of this rule] shall apply when a fresh poll is taken
under rule 55. (1)
Not
later than twenty days before the date fixed for the poll, the order made under
sub-rule (1) of rule 11, (a)
shall
be posted up in some conspicuous place in the office of the Zilla Parishad and
the Panchayat Samiti and in the Office of the Mamlatdar, Tahsildar or Mahalkari
or Naib Tahsildar of the Taluka or Mahal or Tahsil in which the election is to
be held; (b)
shall
be published at least in one daily or weekly newspaper in Marathi if any,
published in the district or taluka, as the case may be; and (c)
may
be posted in the chavdi or the office of the panchayat or such other public
building as the Collector may select in every village in the electoral division
for which the election is to be held. (2)
The
Collector may also cause the said order to be published in such other manner as
he deems fit. (1)
Any
person may be nominated as a candidate for election to fill a seat if he is
qualified to be chosen to fill that seat under the provisions of the Act. (2)
Every
nomination paper presented under rule 14 shall be completed in Form II:
Provided that a failure to complete or defect in completing, the declaration as
to symbols shall not be deemed to be a defect of a substantial character within
the meaning of sub-rule (4) of rule 19. (3)
A
nomination paper shall be supplied by the Returning Officer to any voter on
demand. (1)
On
or before the date appointed under clause (a) of sub-rule (1) of rule 11, each'
candidate shall either in person or by his proposer deliver to the Returning
Officer during the time and at the place specified in the order made under rule
11, a nomination paper completed as provided by rule 13 and signed by the
candidate and by a voter of the electoral division as proposer. (2)
Any
person who is not subject to any disqualification as a voter under the Act and
whose name is entered in the list of voters for the electoral division for
which the candidate is nominated, may subscribe as proposer [11][*
* *] (3)
In
an electoral division where there is a reserved seat, a candidate shall not be
deemed to be qualified to be chosen to fill that seat, unless his nomination
paper contains a declaration by him specifying the particular Scheduled Caste
or Scheduled Tribe of which he is a member. (4)
On
the presentation of a nomination paper, the Returning Officer shall satisfy himself
that the names and the numbers[12][*
* *] of the candidate and his proposer as entered in the nomination paper are
the same as those entered in the list of voters referred to in section 13. If a
nomination paper is rejected under this sub-rule, the Returning Officer shall
record thereon his reasons for rejecting the same; and in that case, the
candidate may deliver a fresh nomination paper subject, however, to all the
provisions of this rule: Provided that the Returning Officer shall
permit any clerical or technical error in the nomination paper in regard to the
said names or numbers to be corrected in order to bring them into conformity
with the corresponding entries in the list of voters; and where necessary, and
clerical or printing error in the said entries shall be overlooked. (5)
Where
the candidate is a voter of a different electoral division, a copy of the list
of voters of that electoral division or of the relevant part thereof or a
certified copy of the relevant entries in such list of voters shall, unless it
has been filed along with a nomination paper be produced before the Returning
Officer at the time of scrutiny. (6)
Nothing
in this rule shall prevent any candidate from being nominated by more than one
nomination paper for election in the same electoral division: Provided that not more than four nomination
papers shall be presented by or on behalf of any candidate or accepted by the
Returning Officer for election in the same electoral division. When elections for two or more electoral
divisions in a District are to be held, one and the same person may, if he is
otherwise duly qualified, be nominated as a candidate for each of such
electoral divisions. (1)
The
State Government shall by notification in the Official Gazette specify the
symbols that may be chosen by candidates at an election in any electoral
division and the restrictions to which their choice shall be subject: Provided that the Collector may, if in his
opinion it is necessary so to do, add any symbols to the list of symbols
notified by the State Government and he shall forthwith inform the State
Government of such addition. (2)
Where
at any such election, more nomination papers than one are delivered by or on
behalf of a candidate, the declarations as to symbols made in the nomination
paper first delivered and no other declarations as to symbols shall be taken
into consideration under rule 22 even if that nomination paper has been
rejected. A candidate shall hot be deemed to be duly
nominated for election from an electoral division unless he deposits or causes
to be deposited with the Returning Officer, a sum of rupees one hundred in cash
and where the candidate is a member of Scheduled Castes or Scheduled Tribes, a
sum of rupees twenty-five: Provided that where a candidate has been
nominated by more than one nomination paper for election in the same electoral
division, not more than one deposit shall be required of him under this rule. The Returning Officer shall, on receiving the
nomination paper under sub-rule (1) of rule 14, inform the person or persons
delivering the same of the day, time and place fixed for the scrutiny of
nominations and shall enter on the nomination paper its serial number and shall
sign thereon a certificate stating the date on which and the hour at
which the nomination paper has been delivered to him; and shall as soon as
may be thereafter cause to be affixed in some conspicuous place in his office a
notice of the nomination containing descriptions similar to those contained in
the nomination paper, both of the candidate and of the proposer. (1)
On
the date fixed for the scrutiny of nomination under rule 11, the candidates,
their election agents, one proposer of each candidate, and one other person
duly authorised in writing by each candidate, but no other person may attend at
the time and place appointed in this behalf under rule 11 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 sub-rule (1)
of rule 14. (2)
The
Returning Officer shall then examine the nomination papers and shall decide all
objections which may be made to any nomination, and may, either on such
objection or on his own motion, after such summary inquiry, if any, as he
thinks necessary, reject any nomination on any of the following grounds, that
is to say: (a)
that
the candidate is disqualified for being chosen to fill the seat by or under the
act; (b)
that
the proposer is disqualified from subscribing a nomination paper; (c)
that
there has been a failure to comply with any of the provisions of rule 14 or 17; (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 any
defect which is not of substantial character. (5)
The
Returning Officer shall hold the scrutiny on the date appointed in this behalf
under clause (b) of rule 11 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
concerned 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 accepting
or rejecting the same and, if the nomination paper is rejected, shall record in
writing a brief statement of his reasons for such rejection. (7)
For
the purposes of this rule, the production of a certified copy of an entry made
in the list of voters of the relevant electoral division 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, subject
to the provisions of rule 20, prepare a list of candidates whose nominations
have been accepted. Immediately after the scrutiny is over, the Returning
Officer shall affix the list on his notice board and shall record the date on
which, and the time at which, the list was so affixed. (1)
Any
candidate, aggrieved by a decision of the Returning Officer accepting or
rejecting a nomination paper, may present an appeal therefrom to the [13][District
Court] of the district in which the area of the Zilla Parishad is situate
within a period of three days from the date on which the notice, containing the
names of the candidates accepted by the Returning Officer is affixed on the
notice board under sub-rule (8) of rule 19 and shall ordinarily furnish on the
same day to the Returning Officer a copy of the petition of appeal together
with as many copies of the petition as there are candidates whose nomination
papers have been accepted (excluding himself). (2)
The
Returning Officer shall, on receipt of copies of appeal under sub-rule (1)
forthwith (a)
publish
a notice in Form III by affixing it to his notice board together with a
statement that the hearing of the appeal will commence before the [14][District
Court] on the third day after the date of such publication of the notice or if
that day is a public holiday, the next succeeding day which is not a public
holiday and that rife copy of the petition of appeal is available with the
Returning Officer (b)
send
to the [15][District
Court] a copy of each of the nomination papers of the candidates submitted to
him together with a copy of the decision recorded by him thereon and such other
relevant documents as the Returning Officer deems fit. (3)
The
Returning Officer shall, on application made by or on behalf of a candidate
supply forthwith to the applicant a copy of the decision accepting or rejecting
a nomination paper together with the statement of reasons, recorded by him. (4)
In
every appeal under this rule, the appellant shall join as respondent all the
candidates (other than himself) whose nominations have been accepted by the
Returning Officer. (5)
The
notice affixed to the notice board of the Returning Officer under clause (a) of
sub-rule (2) shall be demed to be sufficient notice, both of the presentation
of an appeal under this rule and of the date on which the hearing thereof shall
commence before the [16][District
Court] and it shall not be necessary to give any other notice to the appellant
or the respondent and the appeal shall be deemed to have been fixed for
pre-emptory hearing on the said date. (6)
For
the purpose of the appeal the [17][District
Court] may, except as provided in this rule, exercise any of the powers of a
Civil Court. (7)
Every
appeal under this rule shall be heard de die in diem and disposed of by
the [18][District
Court] as expeditiously as possible, and his decision shall be communicated
forthwith to the Returning Officer. (8)
The
decision of the [19][District
Court] on appeal under this rule and subject only to such decision, the
decision of the Returning Officer accepting or rejecting the nomination of a
candidate shall be final and conclusive and shall not be called in question in
any court or before a judge referred to in sub-section (2) of section 27. (1)
Any
candidate may withdraw his candidature by notice in writing subscribed by him
and delivered to the Returning Officer [20][(a) where no appeal
is presented under rule 20, on the second day after the expiry of the period
referred to in sub-rule (1) of rule 20, or if that day is a public holiday, the
next succeeding day which is not a public holiday, and (b) where such appeal
is made, on the second day after the day on which the decision of the [21][District
Court] is given, or if such second day is a public holiday, the next succeeding
day which is not a public holiday.] (2)
The
notice shall be delivered to the Returning Officer before 3 O'clock in the
afternoon on the day fixed under sub-rule (1) for withdrawal of candidature, (3)
The
notice 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, (4)
No
person who has given a notice of withdrawal of his candidature under sub-rule
(1) shall be allowed to cancel the notice. (5)
The
Returning Officer shall, on being satisfied as to the genuineness of a notice
of withdrawal and the identity of person delivering it under sub-rule (1),
cause a notice to be affixed on the notice board in his office. (1)
Immediately
after the expiry of the period within which candidatures may be withdrawan
under sub-rule (1) of rule 21, the Returning Officer shall prepare and publish
in Form IV 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. (2)
The
said list shall, subject to the provisions of sub-rule (3), contain the names
in alphabetical order and the address of the contesting candidates as given in
the nomination papers. (3)
The
list of contesting candidates referred to in sub-rule (1) shall contain the
particulars set out in Form IV and shall be prepared in such language or
languages as the Returning Officer may direct. (4)
The
alphabetical order referred to in sub-rule (2) shall be determined with
reference to the surnames of the candidates havings surnames, and the names
proper, of other candidates. (5)
If
the list is prepared in more languages than one, the names of candidates
therein shall be arranged alphabetically according to the script of such one of
those languages as the Returning Officer may direct. (6)
Where
a poll becomes necessary, the Returning Officer shall consider the choice of
symbols expressed by the contesting candidates in their nomination papers and
shall, subject to any general or special directions issued in this behalf by
the State Government (a)
allot
a different symbol to each contesting candidate in conformity, as far as
practicable, with his choice; and (b)
if
more contesting candidates than one have indicated their preference for the
same symbol, decide by lot to which of such candidates the symbol will be
allotted. (7)
The
allotment by the Returning Officer of any symbol to a candidate shall be final,
except where it is inconsistent with any directions issued by the State
Government in this behalf, in which case the Collector may revise the allotment
in such manner as he thinks fit. (8)
Every
candidate or his election agent shall forthwith be informed of the symbol
allotted to the candidate and be supplied with a specimen thereof by the
Returning Officer. The Returning Officer shall, immediately
after its preparation, cause a copy of the list of contesting candidates to be
affixed on the notice board in his office and shall also supply a copy thereof
to each of the contesting candidates and, on demand, to his election agent. CHAPTER IV CANDIDATES AND THEIR
AGENTS (1)
If
a candidate desires to appoint an election agent such appointment shall,
subject to the provisions of sub-rule (3), be made in Form V either at the time
of delivering the nomination paper or at any time before the 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 so
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 section 28 from being
elected or from voting, at any election to a Zilla Parishad, shall, so long as
the disqualification subsists, be appointed as an election agent. (1)
At
an election at which a poll is to be taken, any contesting candidate, or his
election agent, may appoint one agent and two relief agents to act as polling
agents of such candidate at each polling station. Such appointment shall be
made by a letter in writing [22][*
* * *] in Form VI signed by the candidate or his election agent. (2)
The
candidate or his election agent shall deliver [23][*
* *] 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 [24][shall
retain the letter] 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. (1)
Each
contesting candidate or his election agent may appoint not more than [25](eight)
agents to act as counting agents of such candidate by letter in writing in
duplicate in Form VI signed by the candidate or his election agent. (2)
Before
the commencement of the counting of votes, the candidate or his election agent
shall give notice of the appointment of such counting agents to the Returning
Officer by forwarding to such officer the letter of appointment referred to in
sub-rule (1). (3)
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
the counting of votes, present it to, and sign the declaration contained
therein, before the Returning Officer. The Returning 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. (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. (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 close of the poll, the
candidate or his election agent shall forthwith report in writing the fact of
such death (a)
in
the case where the death takes place not less than seven days before the
commencement of the poll, to 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)
Wherever
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 polling 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 25: Provided that the letter of appointment of a
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
provision of sub-rule (2) of rule 25 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 25. (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. (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. (3)
Where
the appointment of a 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 26. (4)
The
provisions of sub-rules (2) and (3) of rule 26 shall apply in relation to a
counting agent appointed under sub-rule (3) as they apply in relation to a
counting agent appointed under sub-rule (1) of rule 26. CHAPTER V GENERAL PROCEDURE OF
ELECTION If a contesting candidate dies and a report
of his death is received by the Returning Officer before the commencement of
the poll, the Returning Officer shall, upon being satisfied of the fact of the
death of the candidate, countermand the poll and report the fact to the
Collector and all proceedings with reference to the election shall be commenced
anew in all respects as if for a new election: Provided that (i)
no
further nomination shall be necessary in the case of a person who was a contesting
candidate at the time of the countermanding of the poll; and (ii)
no
person who has given a notice of withdrawal of his candidature under sub-rule
(1) of rule 21 before the countermanding of the poll, shall be ineligible for
being nominated as a candidate for the election after such countermanding. [26][If, after the expiry
of the period within which candidatures may be withdrawn under sub-rule (1) of
rule 21, there is only one candidate in an electoral division whose nomination
has been accepted, the Returning Officer shall forthwith declare him to be duly
elected to fill the seat]; and shall complete and certify the declaration in
Form VI-A and send signed copies thereof to the Collector as soon as possible.][27] In cases other than those covered by rule 30
a poll shall be taken. For the avoidance of doubt it is hereby
declared that a member of the Scheduled Castes or of the Scheduled Tribes shall
not be disqualified to hold a seat not reserved for members of those Castes and
Tribes if he is otherwise qualified to hold such seat under the Act. CHAPTER VI POLL AND VOTING AT
ELECTORAL DIVISIONS At every election where a poll is taken,
votes shall be given by ballot in the manner hereinafter provided and no votes
shall be received by proxy. Every ballot box shall, subject to general or
special orders of the State Government, be of such design as may be approved by
the Collector. [28][(1) Every ballot
paper shall have a counterfoil attached thereto, and the said ballot paper and
the counterfoil shall be printed in FORM VII]. (2) The names of the
candidates shall be arranged on the ballot paper in the same order in which
they appear in the list of contesting candidates. (3) If two or more
candidates bear the same name, they shall be distinguished by the addition of
their occupation or residence or in some other manner. (1)
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, where the polling station has more than one polling
booth, at each one of such booths, the [29][particulars]
of the voters allotted to such booth, and (b)
a
copy of the list of contesting candidates. (2)
[30][At each polling
station, there shall be set up one or more voting compartments in which voters can
record their votes screened from observation. (3)
The
Returning Officer shall provide at each polling station a sufficient number of
ballot boxes, ballot papers [31][copies
of the relevant part of the list of voters] in respect of the polling area or
areas the voters of which are entitled to vote at such polling station,
instruments for stamping the distinguishing mark on ballot papers and articles
necessary for voters to mark the ballot paper. The Returning officer shall also
provide at each polling station such other equipment and [32][(accessories)
as may be required for taking the poll at such polling station.] The presiding officer shall regulate the
number of voters to be admitted at any time inside the polling station and
shall exclude therefrom all persons other than (a)
polling
officers; (b)
public
servants on duty in connection with the election; (c)
persons
authorised by the Collector or the Returning officer; (d)
candidates,
their election agents and subject to the provisions of rule 25, 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)
[33][such other persons
as the Returning Officer or the Presiding Officer may appoint under sub-rule
(2) of rule 39 or the Presiding Officer may employ under sub-rule (1) of the
rule 40]. (1)
Where
a paper seal is used for securing a ballot box the Presiding Officer shall
affix his own signature on the paper seal and obtain thereon the signatures of
such of the polling agents present as are desirous of affixing the same. (2)
The
Presiding Officer shall thereafter fix the paper seal so signed in the space
meant therefor in the ballot box and shall then secure and seal the box in such
manner that the slit for the insertion of ballot paper there into remains open. (3)
The
seals used for securing a ballot box shall be affixed in such manner that after
the box has been closed, it is not possible to open it without breaking the
seals. (4)
Where
it is not necessary to use paper seals for securing the ballot box, the
Presiding Officer shall secure and seal the ballot box in such manner that the
slit for the insertion of ballot papers remains open and shall allow the
polling agents present to affix, if they so desire, their seals: (5)
Every
ballot box used at a polling station shall bear labels both inside and outside
marked with (a)
the
serial number, if any, and the name of the electoral division; (b)
the
serial number and name of the polling station; (c)
the
serial number of the ballot box (to be filled in at the end of the poll on the
label outside the ballot box only); and (d)
the
date of poll. (6)
Immediately
before the commencement of the poll, the Presiding Officer shall demonstrate to
the polling agents and other persons present that the ballot box is empty and
bears the labels referred in sub-rule (5). (7)
The
ballot box shall then be closed, sealed and secured and placed in full view of
the presiding Officer and the Polling agents. (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. (2)
The
Returning Officer or the Presiding Officer may appoint a women 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. (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. (2)
As
each voter enters the polling station the Presiding Officer or the Polling
Officer authorised by him in this behalf shall check the voter's name and other
particulars with the relevant entry in the list of voters 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 list of voters, if he is satisfied that such
person is identical with the voter to whom such entry relates. (1)
Any
polling agent may challenge the identity of a person claiming to be a
particular voter by first depositing a sum of Rs. 2 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 personation; (b)
read
the relevant entry in the list of voters in full and ask him whether he is the
person referred to in that entry; (c)
enter
his name and address in the list of challenged voters in Form VIII; and (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 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 (c)
administer
an oath to the person challenged and any other person offering to give
evidence. (4)
If,
after the inquiry the Presiding Officer considers that the challenge has not
been established, he shall allow the person challenged to vote; and if he
considers that the challenge has been established, he shall debar the person
challenged from voting. (5)
If
the Presiding Officer is of the opinion that the challenge is frivolous or has
not been made in good faith he shall direct that the deposit made under
sub-rule (1) be forfeited to the State Government, and in any other case, he
shall return it to the challenger at the conclusion of the inquiry. (1)
With
a view to preventing personation of voters, 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 the
Polling Officer and an indelible ink mark to be put on it. (2)
If
any voter refuse to allow his left forefinger to be inspected or marked in
accordance with sub-rule (1) or has already such a mark on his left forefinger
or does any act with a view to removing the ink mark, he shall not be
supplied with any ballot paper or allowed to vote. (3)
Any
reference in this rule to the left forefinger of 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, to be construed as a reference to the forefinger
or any other finger of his right hand, and shall, in the case where all his
fingers of both the hands are missing, to be construed as reference to such
extremity of his left or right arm as he possesses. (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 record
their votes even after the poll closes. (3)
[34][Every ballot paper,
before it is issued to a voter, and the counterfoil attached to such ballot
paper, shall be stamped on the back with such distinguishing mark as the
Collector may direct, and every ballot paper, before such issue shall be signed
in full on 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 serial number of the voter as entered in the marked copy of the
list of voters;] [35][(b) obtain the
signature or thumb impression of that voter on the said counterfoil; and (c) mark the name of
the voter in the marked copy of the list of voters 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 the ballot paper.] (5)
No
person in the polling station shall note down the [36][serial
number of the ballot paper issued to a particular voter]. (1)
The
voter on receiving the ballot paper shall forthwith (a)
proceed
to one of the [37][voting
compartment]; (b)
there
make a mark the ballot paper with the instrument supplied for the purpose on or
near the symbol of the candidate for whom he intends to vote; (c)
fold
the ballot paper so as to conceal his vote; (d)
if
required, show to the Presiding Officer the distinguishing mark on the ballot
paper; (e)
insert
the folded ballot paper into the ballot box; and (f)
quit
the polling station. (2)
Every
voter shall vote without undue delay. (3)
No
voter shall be allowed to enter a [38][voting
compartment] when another voter is inside it. (4)
[39][If the voter to whom
a ballot paper has been issued, refuses after warning given by the Presiding
Officer, to observe the procedure as laid down in sub-rule (1) the ballot
paper issued to him shall whether he has recorded his vote thereon or not, be
taken back from him by the Presiding Officer or the Polling Officer under the
direction of the Presiding Officer. (5)
After
the ballot paper has been taken back, the Presiding Officer shall record on its
back, the words "cancelled: voting procedure violated" and put his
signature below those words. (6)
All
the ballot papers on which the word "cancelledvoting procedure
violated" are recorded shall be kept in a separate cover which shall bear
on its face the word "Ballot papers voting procedure violated". (7)
Without
prejudice to any other penalty to which the voter, from whom a ballot paper has
been taken back under sub-rule (4), may be liable, the vote if any recorded on
such ballot paper shall not be counted." (1)
If
the Presiding Officer is satisfied that owing to blindness or other physical
infirmity, a voter is unable to recognise the symbols on the ballot paper 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 twenty-one years of age to
the voting compartment for recording the vote on the ballot paper on his behalf
and in accordance with his wishes, and, if necessary, for folding the ballot
paper so as to conceal the vote and inserting it into the ballot box: Provided that, no person shall be permitted
to act as the companion of more than one voter at any polling station on the
same day; Provided further that, before any person is
permitted to act as the companion of a voter on any day under this rule, he
shall be required to declare 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 VIII-A of all cases under this
rule.][40] (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 shall be marked
"Spoilt-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 cancelled under sub-rule (1) or sub-rule (2) shall be kept in a
separate packet. (1)
If
a person representing himself to be a particular voter applies for a ballot
paper after another person has already voted as such voter, he shall, on
satisfactorily answering such questions relating to his identity as the
Presiding Officer may ask, be entitled, subject to the following provisions of
this rule, to mark a ballot paper (here in after referred to as "tendered
ballot paper") in the same manner as any other voter. (2)
Every
such person shall, before being supplied with a tendered ballot paper sign his
name against the entry relating to him in a list in Form IX. (3)
[41][A tendered ballot
paper shall be the same as the other ballot papers used at the polling except
that (a)
such
tendered ballot paper shall be serially the last in the bundle of ballot papers
issued for use at the polling station; and (b)
such
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 marking a tendered ballot paper in the [42](Voting
compartment) and folding it, shall, instead of putting it into the ballot box
give it to the Presiding Officer, who shall place in a cover specially kept for
the purpose. (1)
The
Presiding Officer shall close a polling station at the hour fixed in that
behalf under rule 11 and shall not thereafter admit any voter into the polling
station: Provided that all voters present at the
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. (1)
As
soon as practicable after the closing of the poll, the Presiding Officer shall,
in the presence of any 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 polling agent present to affix his seal. (2)
The
ballot box shall there after 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. [43][(1) The Presiding
Officer shall at the close of the poll prepare a ballot paper account in Form X
and enclose it in a separate cover with the words "Ballot paper
Account" superscribed thereon. [44][(2) The Presiding
Officer shall permit a polling agent who so desires to take a true copy of the
entries made in the ballot paper account and shall attest it as true copy.] (1)
The
Presiding Officer shall then make into separate packets (a)
the
marked copy of the list of voters; [45][(aa) the
counterfoils of the used ballot papers] (b)
[46][the ballot papers
signed in full by the Presiding Officer under sub-rule (3) of rule 43 but not
issued to the voters; (bb) any other ballot
papers not issued to the voters;] (c)
the
cancelled ballot papers; (d)
the
cover containing the tendered ballot papers and the list of tendered ballot
papers; (e)
the
list of challenged votes; and (f)
any
other papers directed by the Returning Officer to be kept in a sealed packet. (2)
Each
such packet shall be sealed with the seals of the Presiding Officer and of
those polling agents present who may desire to affix their seals thereon. (1)
The
Presiding Officer shall then deliver or cause to be delivered to the Returning
Officer at such place as the Returning Officer may direct (a)
the
ballot boxes; (b)
the
ballot paper account; (c)
the
sealed packets referred to in rule 51; and (d)
all
other papers used at the poll. (2)
The
Returning Officer shall make adequate arrangements for the safe transport of
all ballot boxes, packets and other papers and for their safe custody until the
commencement of the counting of votes. (1)
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 Collector who shall, as soon as may be fix 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 at such election until such adjourned poll shall have been
completed. (3)
In
every such case as aforesaid, the Collector shall publish the date, place and
hours of the poll fixed under sub-rule (2) in the manner laid down in rule 12
and the provisions of these rules governing the original poll shall mutatis
mutandis apply to the fresh poll taken under this rule. (1)
If
the poll at any polling station is adjourned under rule 43, the provisions of
rules 49 to 52 (both inclusive) shall, as far as practicable, apply as if the
poll was closed at the hour fixed in that behalf under rule 11. (2)
When
an adjourned poll is recommended under sub-rule (2) of rule 53, the voters who
have already voted at the poll so adjourned shall not be allowed to vote again. (3)
The
Returning Officer shall provide the Presiding Officer of the polling station at
which adjourned poll is held, with the sealed packet containing the marked copy
of the list of voters and a new ballot box. (4)
The
Presiding Officer shall open the sealed packet in the presence of the polling
agents present and use the marked copy of the list of voters [47][for
marking the names of the voters to whom the ballot papers are issued at the
adjourned poll, without however recording therein the serial number thereof]. (5)
The
provisions of rules 33 to 52 (both inclusive) shall apply in relation to the
conduct of an adjourned poll as they apply in relation to the poll before it
was so adjourned. (1)
If
at any election (a)
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 Collector. (2)
Thereupon
the Collector shall, after taking all material circumstances into account,
either (a)
declare
the poll at that polling station to be void, appoint a day, and fix, the hours,
for taking a fresh poll at that polling station and notify the day so appointed
and the hours so fixed in such manner as he 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 Returning Officer as he
may deem proper for the further conduct and completion of the election. (3)
The
provisions of the Act and of any rules or orders made thereunder shall apply to
every such fresh poll as they apply to the original poll. CHAPTER VII COUNTING OF VOTES At every election where a poll is taken,
votes shall be counted by or under the supervision and direction of the
Returning Officer, and each contesting candidate, his election agent and his
counting agents shall have a right to be present at the time of counting. (1)
The
Returning Officer shall exclude from the place fixed for counting of votes all
persons except (a)
such
persons [49][to
be known as counting Supervisors and counting assistants] as he may appoint to
assist him in the counting; (b)
person
authorised by the collector; (c)
public
servants on duty in connection with the election; and (d)
candidates,
their election agents and counting agents. (2)
No
person who has been employed by or on behalf of or has been otherwise working
for a candidate or about the election shall be appointed under clause (a) of
sub-rule (1). (3)
The
Returning Officer shall decide which counting agent or agents shall watch the
counting at any particular counting table or group of counting tables. (4)
Any
person who during the counting of votes misconducts himself or fails to obey
the lawful directions of the Returning Officer may be removed from the place
where the votes are being counted by the Returning Officer or by any police
officer on duty or by any person authorised in this behalf by the Returning
Officer. The Returning Officer shall, before he
commences the counting read out the provisions of section 32 to such persons as
may be present. [50][(1) The Returning
Officer may have the ballot box or boxes used at more than one polling station
opened and the ballot papers found in such box or boxes counted
simultaneously.] (2) Before, any
ballot box is opened at a counting table, the counting agents present at that
table shall be allowed to inspect the paper seal or such other seal as might
have been affixed thereon and to satisfy themselves that it is intact. (3) The Returning
Officer shall satisfy himself that none of the ballot boxes has in fact been
tampered with. (4) If the Returning
Officer is satisfied that any ballot box has in fact been tampered with he
shall not count the ballot papers contained in that box and shall follow the
procedure laid down in rule 55 in respect of that polling station. (1)
The
ballot papers taken out of each ballot box shall be arranged in convenient
bundles and scrutinized.][51] (2)
The
Returning Officer shall reject a ballot paper (a)
if
it bears any mark or writing by which the voter can be identified; or (b)
[52][if it bears no mark
at all or, to indicate the vote, it bears a mark elsewhere on or near the
symbol of one of the candidates on the face of the ballot paper or, it bears a
mark made otherwise than with the instrument supplied for the purpose; or]. (c)
if
votes are given on it in favour of more than one candidate or (d)
if
the mark indicating the vote thereon is placed in such manner as to make it
doubtful to which candidate the vote has been given; or (e)
if
it is a spurious ballot paper; or (f)
if
it is so damaged or mutilated that its identity as a genuine ballot paper
cannot be established; or (g)
if
it bears a serial number, or is of a design, different from the serial numbers
or as the case may be design of the ballot paper authorised for use at the
polling station; or (h)
[53][if it does not bear
both the distinguishing mark and the signature which it should have borne under
the provisions of sub-rule (3) of rule 43]. Provided that: (i)
where
a Returning Officer is satisfied that any such defect as is mentioned in clause
(g) or (h) has been caused by any mistake or failure on the part of the
Presiding Officer or the Polling Officer, the ballot paper shall not be
rejected merely on the ground of such defect; (ii)
a
ballot paper shall not be rejected merely on the ground that the mark indicating
the vote is indistinct or made more than once, if the intention that the vote
shall be for a particular candidate clearly appears from the way the paper is
marked. (3)
Before
rejecting any ballot paper under sub-rule (2) the Returning Officer shall allow
each counting agent present a reasonable opportunity to inspect the ballot
paper but shall not allow him to handle it or any other ballot paper. (4)
[54][The Returning
Officer shall endorse on every ballot paper which he rejects the word
"Rejected" and the grounds of rejection in abbreviated form either in
his own hand or by means of a rubber stamp and shall initial such endorsement.] (5)
All
ballot papers rejected under this rule shall be bundled together. (6)
[55][Every ballot paper
which is not rejected under this rule shall be counted as one valid vote: Provided that no cover containing tendered
ballot papers shall be opened and no such paper shall be counted.] (7)
[56][After the counting
of all ballot papers contained in all the ballot boxes used at a polling
station has been completed (a)
the
counting supervisor shall fill in and sign part-II-result of counting in Form X
which shall also he signed by the Returning Officer; and (b)
the
Returning Officer shall make the entries in a result sheet in Form XI and
announce the particulars.] The valid ballot papers of each candidate and
the rejected ballot papers shall thereafter be bundled separately and the
several bundles made up into a separate packet which shall be sealed with the
seals of the Returning Officer and of such of the candidates, their election
agents or counting agents as may desire to affix their seals thereon; and on
the packets so sealed shall be recorded the following particulars, namely: (a)
the
name of the electoral division; and (b)
the
date of counting.][57] The Returning Officer 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 election or counting agents as may desire to affix
their seals and shall cause adequate precautions to be taken for their safe
custody during such intervals. (1)
If
a fresh poll is held under rule 55, the Returning Officer shall, after
completion of that poll, re-commence the counting of votes on the date and at
the time and place which have been fixed by him in that behalf and of which
notice has been previously given to the candidates and their election agents. (2)
The
provisions of rules 60 and 61 shall apply so far as may be to such further
counting. (1)
After
the completion of the counting, the Returning Officer shall record in the
result sheet in Form XI the total number of votes polled by each candidate and
announce the same. (2)
After
such announcement has been made, a candidate or, in his absence, his election
agent may apply in writing to the Returning Officer for a recount of all or any
of the ballot papers already counted stating the grounds on which he demands
such re-count. (3)
On
such an application being made the Returning Officer shall decide the matter
and may allow the application in whole or in part or may reject it in toto if
it appears to him to be frivolous or unreasonable. (4)
Every
decision of the Returning Officer under sub-rule (3) shall be in writing and
contain the reasons therefor. (5)
If
the Returning Officer decides under sub-rule (3) 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 in Form XI to the extent necessary after such recount; and (c)
announce
the amendments so made by him. (6)
After
the total number of votes polled by each candidate has announced under sub-rule
(1) or sub-rule (5), the Returning Officer shall complete and sign the result
sheet in Form XI and no application for a re-count shall be entertained there after: 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 (2). The Returning Officer shall then subject to
the provisions of section 26, if and so far as they apply to the particular
case, and if he has been so empowered by the Collector thereunder declare to be
elected the candidate to whom the highest number of valid votes has been given,
complete and certify the return of election in Form XII and send signed copies
thereof to the Collector as soon as possible. CHAPTER VIII MISCELLANEOUS (1)
[58][On receipt of the
declaration under rule 30 or of the election returns under rule 65,] the
Collector shall, [59][subject
to the provisions of the proviso to clause (a) of sub-section (2) of section 9
and of sub-rule (3) publish the names of all elected Councillors] [60][by
causing a list of such names (together with their permanent addresses and the
names of the electoral divisions from which they are elected) to be posted on
the notice board or at any prominent place in his office] (and the date of such
publication shall be deemed to be the date of publication for the purposes of
sub-section (2) of section 11). (2)
The
Collector shall also publish the names of Councillors falling under clauses
(b), (c) and (d) of sub-section (7) of section 9 [61][by
causing a list of such names (together with their permanent addresses) to be
posted on the notice board or at any prominent place in his office]. (3)
[62][After the
publication of the names of Councillors under sub-rule (1) and sub-rule (2),
the Collector] may also cause the names of the elected councillors and of
councillors referred to in sub-rule (2) (together with their permanent addresses
and in relation to the elected Councillors, also the names of the electoral
divisions from which they are elected) to be published [63][in
the Official Gazette and] in some conspicuous place in the office of the Zilla
Parishads, the Panchayat Samitis the Mamlatdar's or Tahsildar's or Mahalkari's
office or Naib-Tahsildar's office in the district. (1)
If
a person is elected to more than one seat in a Zilla Parishad, then, unless
within the time prescribed, under sub-rule (2), he resigns all but one of the
seats by writing under his hand addressed to the Collector, all the seats shall
be vacant. (2)
The
time within which a person may resign all but one of the seats in Zilla
Parishad shall be (a)
seven
days from the date of the declaration of the result of election made by the
Returning Officer under rule 65; or (b)
where
the dates of his elections are different in respect of different seats, seven
days from the date of the declaration of the result in respect of the later
election. (3)
[64][* * * * * * *] (1)
The
deposit made under rule 17, 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 the rule. (2)
Except
in cases hereafter mentioned in this rule, deposit shall be returned as soon as
practicable after the result of the election is declared. (3)
If
the candidate is not shown in the list of contesting candidates, or if he dies before
the commencement of the poll, the deposit shall be returned as soon as
practicable after the publication of the list or after 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-eighth of the total
number of valid votes polled by all the candidates. The Returning Officer shall keep in custody
the packets referred to in rule 51 and all other papers relating to the
election. (1)
While
in the custody of the Returning Officer [65][(a) the packets of
unused ballot papers with counterfoils attached thereto]; (b) the packets of
used ballot papers whether valid, tendered or rejected; [66][(bb) the packets of
the counterfoils of used ballot papers] (c) the packets of
marked copies of the list of voters, 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. (2)
All
other papers relating to the election shall be open to public inspection. (1)
The
packets referred to in sub-rule (1) of rule 70 shall be retained for a period
of one year and shall thereafter be destroyed subject to any direction to the
contrary given by the State Government or by a competent court or authority. (2)
All
other papers relating to the election shall be retained until the termination
of the next general election for the electoral division to which they relate
and shall thereafter be destroyed subject to any direction to the contrary
given by the State Government or a Competent court or authority. When the seat of a [67][Councillor
of] a Zilla Parishad becomes vacant or is declared vacant or his election to
the Zilla Parishad is set aside, the Collector shall fix a date as soon as
conveniently may be, for holding bye-election to fill the seat and the
provisions of these rules shall there upon mutatis mutandis apply accordingly. [1] Inserted by G.N. of
7th April 1972. [2] Inserted by G.N. of
30th March 1967. [3] Inserted by G.N. of
7th April 1972. [4] Substituted by G.N.
of 30th March 1967. [5] Substituted by G.N.
of 30th March 1967. [6] Omitted by G.N. of
30th March 1967. [7] Substituted by G.N.
of 30th March 1967. [8] Substituted by G.N.
of 28th November 1968. [9] Substituted by G.N.
of 30th March 1967. [10] Substituted by G.N.
of 30th March 1967. [11] Omitted by G.N. of
30th March 1967. [12] Omitted by G.N. of
30th March 1967. [13] Substituted by G.N.
of 5th November 1976. [14] Substituted by G.N.
of 5th November 1976. [15] Substituted by G.N.
of 5th November 1976. [16] Substituted by G.N.
of 5th November 1976. [17] Substituted by G.N.
of 5th November 1976. [18] Substituted by G.N.
of 5th November 1976. [19] Substituted by G.N.
of 5th November 1976. [20] Substituted by G.N.
of 30th March 1967. [21] Substituted by G.N.
of 5th November 1976. [22] Omitted by G.N. of
30th March 1967. [23] Omitted by G.N. of
30th March 1967. [24] Substituted by G.N.
of 30th March 1967. [25] Substituted by G.N.
of 27th September 1972. [26] Substituted by G.N.
of 28th November 1968. [27] Substituted by G.N.
of 30th March 1967. [28] Substituted by G.N.
of 7th April 1972. [29] Substituted by G.N.
of 7th April 1972. [30] Substituted by G.N.
of 30th March 1967. [31] Substituted by G.N.
of 7th April 1972. [32] Substituted by G.N.
of 31st May 1962. [33] Substituted by G.N.
of 7th April 1972. [34] Substituted by G.N.
of 7th April 1972. [35] G.N. R.D.D. No.
ZPR-5280/(CR-233)/XXXVII, dated 5th September 1980. [36] Substituted by G.N.
of 29th May 1973. [37] Substituted by G.N.
of 7th April 1972. [38] Substituted by G.N.
of 7th April 1972. [39] Inserted by G.N. No.
ZPR 6083/CR-782/06, dated 7th April 1984. [40] Substituted by G.N.
of 26th November 1968. [41] Substituted by G.N.
of 7th April 1972. [42] Substituted by G.N.
of 7th April 1972. [43] Inserted by G.N. of
30th March 1967. [44] Inserted by G.N. of
30th March 1967. [45] Inserted by G.N. of
7th April 1972. [46] Substituted by ibid. [47] Substituted by G.N.
of 7th April 1972. [48] Substituted by G.N.
of 7th April 1972. [49] Substituted by G.N.
of 7th April 1972. [50] Substituted by G.N.
No. ZPR-6083/CR-782/06, dated 7th April 1984. [51] Substituted by G.N.
of 7th April 1972. [52] Substituted by G.N.
of 5th November 1976. [53] Substituted by G.N.
of 7th April 1972. [54] Substituted by G.N.
of 7th April 1972. [55] Substituted by G.N.
of 5th November 1976. [56] Substituted vide
G.N., R.D.D., No. ZPR. 6083/CR-782/06, 7th April 1984. [57] Substituted by G.N.
of 7th April 1972. [58] Substituted by G.N.
of 30th April 1972. [59] Substituted by G.N.
of 10th July 1967. [60] Substituted by G.N.
of 30th July 1962. [61] Substituted by G.N.
of 30th July 1962. [62] Substituted by G.N.
of 30th July 1962. [63] Substituted by G.N.
of 30th July 1962. [64] Omitted by G.N. of
31st May 1962. [65] Substituted by G.N.
of 7th April 1972. [66] Inserted -ibid. [67] Substituted by G.N. of
5th November 1976.MAHARASHTRA
ZILLA PARISHADS ELECTION RULES, 1962
PREAMBLE