In exercise of powers conferred by section 127 of the
Sikkim Panchayat Act, 1993 and clause (c) of sub-section 1 of section 184 of
the Sikkim Municipalities Act, 1995 the State Government hereby makes following
rules, namely:- (1) These may
be called the Sikkim Panchayat & Municipalities (Election of Members of
District Planning Committee and manner of Convening Meeting) Rules, 1996. (2) These
rules shall extend to the whole of Sikkim. (3) They shall
come into force at once. (1) In these
rules, unless the context otherwise requires:- (a) "Act"
means the Sikkim Panchayat Act, 1993 and the Sikkim Municipalities Act, 1995 as
the case may be; (b) "Ballot
Box" means and includes any box or other receptacle used for insertion of
ballot papers by voters; (c) "Candidate"
means a persons who has been or claims to have been duly proposed and seconded
as a candidate for election by the member; (d) "Form"
means a form appended to these rules; (e) "Government"
means the Government of the State of Sikkim; (f) "Prescribed
Authority" means Secretary in the Rural Development Department, Government
of Sikkim; (g) "Presiding
Officer" means and includes any polling Officer under the provisions of
these rules; (h) "Municipality"
means a municipality constituted under section 6 of the Sikkim Municipality
Act, 1995; (i) "Notification"
means a notification published in the Official Gazette; (j) "Section"
means a section of the Act; (k) "Zila
Panchayat" means a Zilla Panchayat of a district constituted under
sub-section (i) of section 49 of the Act, (2) The words
and expression used in these rules and not defined but defined in the Act,
shall have the same meanings assigned to them in the Acts. (1) As soon as
may be after the Constitution of a Zila Panchayat and the Constitution of
Municipalities within the district under sub section (i) of section 49 of the
Sikkim Act, 1993 and under section 6 of the Sikkim Municipalities Act, 1995
respectively whichever is later but not before the expiration of thirty days
from the date of publication of the notification constituting such local bodies
within the district, the prescribed authority shall call a joint meeting of all
the members of the Zila Panchayat and Municipalities within the district by
serving on of all the members a notice in Form I of not less than seven days
specifying therein the dates venue and time of such meeting. (2) Such
meeting shall be presided over by the prescribed authority or such other
officer as may be authorized by the prescribed authority. The prescribed
authority or the other official authorized by him shall not be entitled to vote
at the election. (3) Two-third
number of total membership shall no a quorum of the meeting. On the date of the
meeting if there is no quorum within an hour of the time fixed for the meeting
the Presiding Officer shall adjourn the meeting. The adjourned meeting shall be
held on such date, place and time as may be fixed by the prescribed authority
and the provisions regarding notice in Form I to members of the Zilla Panchayat
and Municipalities referred to in sub-rule (i) shall apply Provided that no
quorum shall be necessary for an adjourned meeting. (4) If in case
there is no Municipality duly constituted for the urban areas within the District
under the provisions of the Sikkim Municipalities Act, 1995, or if there is
likehood of delay in constituting such urban local bodies for more than a
period of three months from the date of publication of notification for
constitution of the Zilla Panchayats, the prescribed authority may call the
meeting of the members of the Zilla Panchayat for constitution of District
Planning Committee without of the members further delay, However, in such case
the representation from the urban areas as required under clause (c) of
sub-section (i) of section 184 till the constitution of the Municipalities Act,
1995 shall be kept vacant till the constitution of the Municipalities. (5) The
Presiding Officer shall, immediately after the commencement of the meeting,
call upon the members present to propose and second names of the candidates
from amongst themselves for election of members of the District Planning
Committee. He shall record the names of the candidates proposed together with
the names of the proposers and seconders The Presiding Officer shall reject any
proposal if the candidate refuses to stand for the election and he may not
accept any proposal after the list of candidates has been finalized by him. (6) The names
proposed and seconded are not more than the seats allotted to be filled up by
such members by election the Presiding Officer shall declare them to be duly
elected members of the District Planning Committee by filling up Form 2,. (7) If more
candidates have been proposed and seconded than the seats allotted to be filled
up by such election and have agreed to stand for election, the Presiding
Officer shall conduct the election in the following manner namely:- (a) The
Presiding Officer shall, cause to be prepared as many ballot papers as there
are members present containing the names of candidates arranged according to
the alphabetical order of their surnames in Form 3 in such language or
languages as the prescribed authority may direct. (b) The
Presiding Officer shall, immediately before the commencement of the election
satisfy all members present that the ballot box is empty and also allow the
members present to inspect the ballot box and thereafter secure and seal such
ballot box and have it kept at a place which can be seen by himself and all the
members Present. (c) The
Presiding Officer shall, thereafter, hand over one such ballot paper as
prepared under clause (4) to each member present after putting his initial on
the back of each ballot paper. He shall then ask each member in turn to record
his vote at a table so placed that no other person can see such member while
putting the mark "X" in the place provided for the purpose in the
ballot paper opposite the names of the candidates for whom he intends to vote,
to fold it up and insert it into the ballot box. (d) If a member
is unable to write or is physical incapacitated from voting, the Presiding
Officer shall, at the request of such member, take him to record his vote to
the tables so placed, ascertain his choice and accordingly mark the ballot
paper, fold it up and insert it into that ballot box,. The Presiding Officer
shall cause such arrangements to be made as to ensure secrecy of the ballot
paper. (8) Immediately
after the voting is over, the Presiding Officer shall open the ballot box in
the presence of the members present, take out the ballot papers therefrom,
count them and record the number there of in Form 4. The Presiding Officer
shall reject any ballot paper if:- (a) It bears
the signature of the voter or contains any word or sign or visible
representation by which such voter can be identified; or (b) the mark
"X" is placed against the name of more candidates than the seats
allotted to be filled up by such election or; (c) the mark
"X" is so placed thereon as to make it doubtful for which candidate
the vote Was in ended to be given; or (d) it does
not bear the signature of the Presiding Officer. (9) After
completion of counting and recording the number of votes received by each
candidate, the Presiding Officer shall, declare in From 5 as many candidates as
the number of members to be elected from the Municipalities Zilla Panchayat
concerned of the district as provided under clause (c) of Sub Section (i) of
Section 184 of the Sikkim Municipalities Act, 1995, to whom the largest number
of valid votes has been given, to be duly elected at the election. (10) The
Presiding Officer shall forward the name of the elected members of District
Planning Committee to the prescribed authority, who shall publish the same in
the Official Gazette. (11) The Forms
and other papers relating to the election of members of District Planning
Committee shall be sent by the Presiding Officer to the prescribed authority
for saga custody. The prescribed authority shall keep the papers in safe
custody for six months after which these Forms and papers shall be destroyed in
such manner as the prescribed authority may deem fit. The member of a District Planning Committee may resign
from his office by submitting his resignation in writing of his intention to do
so to the Prescribed Authority. Such resignation having been accepted the
member shall vacate his office and the causal vacancy shall be deemed to have
occurred in such office: Provided that a person tendering resignation may withdraw
his resignation before it is accepted by the Prescribed Authority. (1) The
Prescribed Authority may, after giving an opportunity to a member of a District
Planning Committee to show cause against the action proposed to be taken
against him, by order remove him from office if- (a) after his election
he is convicted by a criminal court of an offence involving moral turpitude and
publishable with imprisonment for a period of more than six month; or (b) he was
disqualified to be a member of a Zilla Panchayat or municipality/municipalities
to which he represent at the time of election; or (c) he is
removed from the membership of a Zilla Panchayat or municipality concerned of
the district after his election to the District Planning Committee of that
district; or (d) he absents
from three consecutive meetings of the District planning Committee without the
leave of the District Planning Committee. (2) Any member
of a District Planning Committee who is removed from the office by the
Prescribed Authority under sub-section (i) may, within a period of thirty days
from the date of the order, appeal to such authority as the State Government
may by notification, appoint on this behalf, The authority so appointed may
stay the operation of the order till the disposal of the appeal and may, after
giving notice of appeal to the prescribed authority, and after giving the
appellant an opportunity of being heard, modify, set aside on confirm the
order. (3) The order
passed by such authority on such appeal shall be final. (1) If the
office of a member of a District Planning Committee becomes vacant by reason of
the death, resignation, removal or otherwise, such vacancy shall be filled in
by election of another person under these rules. The person elected shall take
office forthwith and shall hold such office till the term of his predecessor. (1) The
meeting of the District Planning Committee shall be held at least twice a year. (2) The
Chairman, District Planning Committee who is Adhakshya of concerned Zilla
Panchayat shall obtain plan proposal from all Gram Panchayats and
Municipalities within the District and after consolidating the same prepare a
draft plan for the district. (3) As soon as
may be after the preparation of draft district plan the Chariman shall call a
meeting of the District Planning Committee intimating each member by a notice
indicating therein the date, time, venue and agenda of such meeting. The Members of the District Planning Committee shall be
entitled for such sitting allowances from the concerned Zilla Panchayat fund at
similar rates as are applicable to the members of Zilla Panchayat for the time
being in force. The proceedings of a District Planning Committee shall
not to be vitiated by any vacancy in its membership due to death or resignation
of a member or members or delay in constriction of a Zilla Panchayat or
Municipality/Municipalities, as the case may be, for the time being. The term of office of the members of District Planning
Committee shall expire with the term of the concerned Zilla Panchayat and
Municipalities. However the Government may extend such term by notification
till a new District Planning Committee is constituted.SIKKIM PANCHAYAT AND MUNICIPALITIES (ELECTION OR MEMBERS OF
DISTRICT PLANNING COMMITTEE AND MANNER OF CONVENING MEETING) RULES, 1996
PREAMBLE