In exercise of the powers conferred by
Section 268 read with clause (v) of sub-section (1) of Section 149, Section
153, clause (v) of sub-section (3) of Section 177 and Section 181 of the Andhra
Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), and in supersession of the
rules issued in G.O. Ms. No. 756, Panchayat Raj, Rural Development and Relief
(elections-III) Department dated 30-11-1994, as amended from time to time, the
Governor of Andhra Pradesh hereby makes the following Rules, relating to
Conduct of Election of Members (Co-opted), President and Vice-President of
Mandal Parishad and Member (Co-opted), Chairperson and Vice-Chairperson of
Zilla Parishad. These Rules may be called the Andhra
Pradesh Conduct of Election of Member (Co-opted), President and Vice-President
of Mandal Parishad and Member (Co-opted), Chairperson and Vice-Chairperson of
Zilla Parishad Rules, 2006. In these Rules, unless the context
otherwise requires, (i)
"Act" means the Andhra Pradesh
Panchayat Raj Act, 1994 (Act No. 13 of 1994); (ii)
"Form" means the form appended to
these rules; (iii)
"Section" means a Section of the
Act; and (iv)
the words and expressions used but not
defined in these rules shall have the meanings respectively assigned to them in
the Act. PART II : ELECTION OF MEMBER (CO-OPTED) OF MANDAL PARISHAD (1)
The election of the member specified in
clause (v) of sub-section (1) of Section 149 (hereinafter in this part referred
as the "member (Co-opted)") shall be held in the office of the Mandal
Parishad at a special meeting of the members of the Mandal Parishad specified
in clauses (i) to (iv) thereof, convened and presided over by any Gazetted
Officer of the Government authorised by the District Collector in Form - I in
this behalf. (2)
The Notice of the date and hour of such
meetings shall be given in Form - II in Telugu language to the members of the
Mandal Parishad specified in clauses (i) to (iv) of sub-section (1) of Section
149, atleast three clear days in advance of the date of the meeting by the
Gazetted officer of the Government authorised by the District Collector under
sub-rule (1). No meeting for the conduct of election
of Member (co-opted) shall be held unless there be present at the meeting
atleast one-half of the number of members then on the Mandal Parishad who are
entitled to vote at the election, that is, members specified in clause (i) of
sub-section (1) of Section 149, within one hour from the time appointed for the
meeting. Explanation :For the purpose of this
rule, in the determination of one-half of the members any fraction below 0.5
shall be ignored and any fraction of 0.5 or above shall be taken as one. (1)
A candidate for election of Member (Co-opted)
shall be nominated by means of a nomination paper in Form-III duly proposed by
one elected member and seconded by another elected member. On the nomination
paper the candidate shall also sign the declaration therein expressing his
willingness to stand for election. The nomination shall be filed before the
presiding Officer at the office of the Mandal Parishad before 10.00 AM on the
date fixed for the meeting. No member shall propose or second more than one
candidate. Nominations shall not be received after the appointed time. (2)
The Presiding Officer shall scrutinise the
nomination papers at the Mandal Parishad office after 10.00 AM on the date of
the meeting and his decision as to the validity or otherwise of the nomination
shall be final. (3)
The presiding Officer shall publish the list
of valid nominations on the notice board of the Mandal parishad on the same day
atleast one hour before the time appointed for the meeting. (4)
Any candidate wishing to withdraw his
nomination may do so by delivering a letter to that effect to the Presiding
Officer before the commencement of the meeting. (5)
If only one candidate is duly proposed, he
shall be declared to have been elected. (6)
If the number of candidates exceeds more than
one for the said seat, the election shall be held by show of hands. The
Presiding Officer shall then read out the names of contesting candidates. He
shall thereafter record the number of votes polled for each such candidates as
ascertained by show of hands. He shall announce the number of votes secured by
each candidate and shall declare the candidate who secures the highest number
of votes, as elected. (7)
In the event of there being an equality of
votes between the two candidates the Presiding Officer shall draw lots in the
presence of the members and the candidate whose name is first drawn shall be
declared to have been duly elected. (8)
The Presiding Officer shall, immediately
after declaring the candidate as elected, inform them that there will be held
another meeting that day or the next day for the election of President and
Vice-President of Mandal Parishad and that a notice announcing the time, date,
venue, etc. will shortly be placed on the notice board of the Mandal Parishad
in Form-IV and he shall also request them to read it after the conclusion of
the meeting. Immediately after the declaration of
the result of the election, the Presiding Officer shall (a)
prepare a record of the proceedings of the
meeting and sign it attesting with his initials every correction made therein
and shall also permit any members present at the meeting to affix the signatures
to such record, if they so desire. (b)
publish on the notice board of the Mandal
Parishad, a notice signed by him, stating the name of the person elected as
Member (Co-opted) of the Mandal Parishad and send a copy of such notice to the
State Election Commission, the Commissioner, Panchayat Raj and the District
Collector. A copy of this notice shall also be given for the candidate who is
declared elected. A casual vacancy occurring in the
office of a member (Co-opted) of a Mandal Parishad, shall be filled in an
ordinary meeting of the Mandal Parishad within a period of eight weeks from the
date of occurrence of such vacancy and the procedure laid down in this part
shall apply in all other respects. PART III : ELECTION OF PRESIDENT AND VICE-PRESIDENT OF
MANDAL PARISHAD (1)
On the same day on which the special meeting
for election of a Member (Co-opted) of Mandal Parishad is held and soon after
the election of the member is over, a special meeting shall also be held by the
Gazetted Officer authorised by the District collector under sub-rule (1) of
Rule 3 in the office of the Mandal Parishad at the hour to be announced under
sub-rule (8) of Rule 5, for the election of President and Vice President in the
manner hereafter laid down. (2)
Notice of the date and hour of such meeting
shall be given in Form II to the members specified in clauses (i) to (iv) of
sub-section (1) Section 149 atleast three clear days in advance of the date of
the meeting fixed for the election of the President and Vice-President, Mandal
Parishad by the Gazetted Officer authorised by the District Collector under
sub-rule (1) of Rule 3. In respect of Member (Co-opted), the notice in Form -
IV shall be affixed on the notice board of the Mandal Parishad. (3)
If, for any reason, the election of the
President or Vice-President is not held on the date fixed as aforesaid, the
meeting for the election of the president or Vice-President shall be held on
the next day, whether or not it is a holiday observed by the Mandal Parishad
and whether the President or Vice-President could not be elected on the next
day also, the matter shall be reported to the State Election Commission for
fixing another date for holding election. (1)
No meeting for the conduct of election of
President and Vice-President of Mandal Parishad shall be held unless there be
present at the meeting atleast one half of the number of members then one the
Mandal Parishad who are entitled to vote at the election, that is, members
specified in clause (i) of sub-section (1) of Section 149, within one hour from
the time appointed for the meeting. Explanation :For the purpose of this
rule, in the determination of one-half of the members, any fraction below 0.5
shall be ignored and any fraction of 0.5 or above shall be taken as one. (2)
Where the Election of President or
Vice-President could not be conducted in the first two special meetings
convened for the purpose, for want of quorum, the President or Vice-President
shall be elected in the subsequent meeting or meetings convened for the purpose
from among the members present without insisting for quorum. (1)
A candidate for the office of the President
or Vice-President of a Mandal Parishad, shall be proposed by one member and
seconded by another. If any candidate claims to be contesting on behalf of a
recognized political party, he shall produce an authorization from the
president of the party in the State or a person duly authorised by the State
President under his office seal and such authorization shall be produced before
the President Officer before 10.00 A.M. on the day of the election. The names
of all candidates validly proposed and seconded shall be read out along with
the name of the Political Party which has set him up, by the presiding Officer
in the meeting. (2)
If only one candidate is duly proposed, he
shall be declared to have been elected. (3)
If there are two or more candidates an
election shall be held by show of hands and votes taken of the members present
at the meeting. (4)
When an election notice is issued for
conducting election to both the offices of President and Vice-President, no
election to the office of the Vice-President shall be conducted, unless the
office of the President is filled up. Only after the completion of election of
President, the Presiding Officer shall conduct election to the office of
Vice-President. (5)
The Presiding Officer shall thereafter record
the number of votes polled, for each such candidates ascertained by show of
hands. He shall announce the number of votes secured by each candidate and
shall declare the candidate who secures the highest number of votes, as
elected. (6)
In the event of there being an equality of
votes between two candidates, the Presiding Officer shall draw lots in the
presence of the members and the candidate whose name is first drawn shall be
declared to have been duly elected. (1)
Every recognized political party may appoint
on behalf of that political party a whip and intimation of such appointment
shall be sent by the State President or a person authorised by him under his
signature and seal and such intimation shall be sent to the Presiding Officer,
so as to reach him on or before 11.00 A.M. on the day preceding the day of
election to the office of the President and Vice-President of the Mandal
Parishad. (2)
The person appointed as whip by the
recognized political party shall furnish a copy of the contents of the whip
issued by him to the Presiding Officer at least an hour before the commencement
of special meeting. (3)
The person appointed as whip by a recognized
political party shall, in addition to a copy of the contents of the whip issued
by him, also furnish a copy of the acknowledgment obtained from the members
belonging to the party on the service of the whip to them, to the Presiding
Officer before the commencement of the meeting. If any member elected on behalf
of the recognized political party refuses to receive the whip issued by him, he
shall record the same and furnish a copy of it to the President Officer. (4)
Any member of the Mandal Parishad elected, on
behalf of a recognized political party shall cease to be a Member of the Mandal
Parishad for disobeying the directions of the party whip so issued, in the
manner hereinafter provided. (5)
The Presiding Officer shall, on receipt of a
written report from the party whip within three days of the election that a
member belonging to his party has disobeyed the whip issued in connection with
the election, give a show-cause notice to the member concerned as to why he
should not be declared to have ceased to hold office and that he should make
any representation within seven days from the date of the notice. The Presiding
Officer shall consider any explanation given and pass a speaking order in the
matter of cessation for disobedience of the whip. If no explanation is received
the Presiding Officer shall pass an order on the basis of the material
available with him. Immediately after the declaration of
the result of the election, the Presiding Officer shall, (a)
prepare a record of the proceedings of the
meeting and sign it attesting with his initials every correction made therein
and shall also permit any members present at the meeting to affix their
signatures to such record, if they so desire. (b)
publish on the notice board of the Mandal
Parishad a notice signed by him stating the name of the person elected as
President or Vice-President, as the case may be of the Mandal Parishad and send
a copy of such Notice to the State Election Commission, Commissioner of Panchayat
Raj and the District Collector. A copy of the notice shall also be given to the
candidate who is declared to have been elected. (1)
Every casual vacancy in the office of
President or Vide-President of Mandal Parishad shall be filled up within a
period of six months from the date of occurrence of such vacancy in accordance
with the rules in this part (2)
The notice of date and hour of the meeting in
which the election to fill up a casual vacancy in the office of President or
Vice-President of Mandal Parishad is to be held shall be given in Form-V to
members at least three clear days in advance of such meeting. The meeting shall
be presided over by a gazetted officer of the Government authorised by the
District collector in this behalf. PART IV : ELECTION OF
MEMBERS (CO-OPTED) OF ZILLA PARISHAD (1)
The election of the members specified in clause
(v) of sub-section (3) of Section 177 (hereinafter in this part referred as the
"Members (Co-opted)) shall be held in the Office of the Zilla Parishad at
a special meeting of the members of the Zilla Parishad specified in clauses (i)
to (iv) thereof, convened and presided over by the District Collector. (2)
The notice of the date and hour of such
meetings shall be given in Form - VI in Telugu language to the members of the
Zilla Parishad specified in clauses (i) to (iv) of sub-section (3) of Section
177, atleast three clear days in advance of the date of the meeting by the
District Collector. No meeting for the conduct of election
of members (Co-opted) shall be held unless there be present at the meeting
atleast one-half of the number of members then on the Zilla Parishad who are
entitled to vote at the election, that is, members specified in clause (i) of
sub-section (3) of Section 177 within one hour from the time appointed for the
meeting. Explanation. For the purpose of this
rule, in the determination of one-half of the members, any fraction below 0.5
shall be ignored and any fraction of 0.5 or above shall be taken as one. (1)
A candidate for election of Member (Co-opted)
shall be nominated by means of a nomination paper in Form - VII duly proposed
by one elected member and seconded by another elected member. On the nomination
paper the candidate shall also sign the declaration therein expressing his
willingness to stand for election. The nomination shall be filed before the
Presiding Officer at the office of the Zilla Parishad before 10.00 AM on the
date fixed for the meeting. No member shall propose or second more than one
candidate. Nominations shall not be received after the appointed time. (2)
The Presiding Officer shall scrutinise the
nomination paper at the Zilla Prishad office after 10.00 A.M. on the date of
the meeting and his decision as to the validity or otherwise of the nomination
shall be final. (3)
The Presiding Officer shall publish the list
of valid nominations on the notice board of the Zilla Parishad on the same day atleast
one hour before the time appointed for the meeting. (4)
Any candidate wishing to withdraw his
nomination may do so by delivering a letter to that effect to the Presiding
Officer before the commencement of the meeting. (5)
If only one candidate is duly proposed, he
shall be declared to have been elected. (6)
If the number of candidates exceeds more than
one for the said seat, the election shall be held by show of hands. The
Presiding Officer shall then read out the names of contesting candidates. He
shall thereafter record the number of votes polled for each such candidate as
ascertained by show of hands. He shall announce the number of votes secured by
each candidate and shall declare the candidate who secures the highest number
of votes as elected. (7)
In the event of there being an equality of
votes between the two candidates the Presiding Officer shall draw lots in the
presence of the members and the candidate whose name is first drawn shall be
declared to have been duly elected. (8)
The Presiding Officer shall, immediately
after declaring the candidate as elected, inform them that there will be held
another meeting that day or the next day for the election of Chairperson and
Vice-Chairperson of Zilla Parishad and that a notice announcing the time, date,
venue, etc. will shortly be placed on the notice board of the Zilla Parishad in
Form - VIII and he shall also request them to read it after the conclusion of
the meeting. Immediately after the declaration of
the result of the election, the Presiding Officer shall (a)
prepare a record of the proceedings of the
meeting and sign it attesting with his initials every correction made therein
and shall also permit any members present at the meeting to affix their
signatures to such record, if they so desire. (b)
publish on the notice board of, the Zilla
Parishad a notice signed by him, stating the name of the person elected as
Member (Co-opted) of the Zilla Parishad and seen a copy of such notice to the
State Election Commission, the Commissioner, Panchayat Raj and the District
Collector. A copy of this notice shall also be given to the candidate who is
declared elected. A casual vacancy occurring in the
office of a Member (Co-opted) of a Zilla Parishad shall be filled in an
ordinary meeting of the Zilla Parishad within a period of eight weeks from the
date of occurrence of such vacancy and the procedure laid down in this part
shall apply in all other respects. PART V : ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON OF
ZILLA PARISHAD (1)
On the same day on which the special meeting
for election of members (Co-opted) of Zilla Parishad is held and soon after the
election of the members is over, a special meeting shall also be held by the
District Collector in the office of the Zilla Parishad at the hour to be
announced under sub-rule (8) of Rule 16, for the election of Chairperson and
Vice-Chairperson in the manner hereafter laid down. (2)
Notice of the date and hour of such meeting
shall be given in Form VI to the members specified in clauses (i) to (iv) of
sub-section (3) of Section 177 atleast three clear days in advance of the date
of the meeting fixed for the election of the Chairperson and Vice-Chairperson,
Zilla Parishad by the District Collector. In respect of Members (Co-opted), the
notice in Form - VIII shall be affixed on the notice board of the Zilla Parishad. (3)
If, for any reason, the election of the
Chairperson or Vice-Chairperson is not held on the date fixed as aforesaid, the
meeting for the election of the Chairperson or Vice-Chairperson shall be held
on the next day, whether or not it is a holiday observed by the Zilla Parishad
and whether the Chairperson or Vice-Chairperson could not be elected on the
next day also, the matter shall be reported to the State Election Commission
for fixing another date for holding election. (1)
No meeting for the conduct of election of
Chairperson and Vice-Chairperson of a Zilla Parishad shall be held unless thee
be present at the meeting atleast one half of the number of members then on the
Zilla Parishad who are entitled to vote at the election, that is, members
specified in clause (i) of sub-section (3) of Section 177, within one hour from
the time appointed for the meeting. Explanation :For the purpose of this
rule, in the determination of one-half of the members, any fraction below 0.5
shall be ignored and any fraction of 0.5 or above shall be taken as one. (2)
Where the Election of Chairperson or
Vice-Chairperson could not be conducted in the first two special meetings
convened for the purpose for want of quorum, the Chairperson or
Vice-Chairperson shall be elected in the subsequent meeting or meetings
convened for the purpose from among the members present without insisting for
quorum. (1)
A candidate for the office of the Chairperson
or Vice-Chairperson of a Zilla Parishad shall be proposed by one member and
seconded by another. If any candidate claims to be contesting on behalf of a
recognized political party, he shall produce an authorization from the
president of the party in the State or a person duly authorised by the State
President under his office seal and such authorization shall be produced before
the President Officer before 10.00 A.M. on the day of the election. The names
of all candidates, validly proposed and seconded, shall be read out along with
the name of the Political Party which has set him up, by the Presiding Officer
in the meeting. (2)
If only one candidate is duly proposed, he
shall be declared to have been elected. (3)
If thee are two or more candidates an
election shall be held by show of hands and votes taken of the members present
at the meeting. (4)
When an election notice is issued for
conducting election to both the offices of Chairperson and vice-Chairperson, no
election to the office of the Vice-Chairperson shall be conducted, unless the
office of the Chairperson is filled up. Only after the completion of election
of Chairperson, the Presiding Office shall conduct election to the office of
Vice-Chairperson. (5)
The Presiding Officer shall thereafter record
the number of votes polled, for each such candidates ascertained by show of
hands. He shall announce the number of votes, secured by each candidate and shall
declare the candidate who secures the highest number of votes, as elected. (6)
In the event of there being an equality of
votes between two candidates, the Presiding Officer shall draw lots in the
presence of the members and the candidate whose name is first drawn shall be
declared to have been duly elected. (1)
Every recognized political party may appoint
on behalf of that political party a whip and intimation of such appointment
shall be sent by the State President or a person authorised by him under his
signature and seal and such intimation shall be sent to the Presiding Officer
so as to reach him on or before 11.00 A.M. on the day preceding the day of
election to the office of the Chairperson and Vice-Chairperson of the Zilla
Parishad. (2)
The person appointed as whip by the
recognized political party shall furnish a copy of the contents of the whip
issued by him to the Presiding Officer at least an hour before the commencement
of special meeting. (3)
The person appointed as whip by a recognized
political party shall, in addition to a copy of the contents of the whip issued
by him, also furnish a copy of the acknowledgment obtained from the members
belonging to the party on the service of the whip to them, to the Presiding
Officer before the commencement of the meeting. If any member elected on behalf
of the recognized political party refuses to receive the whip issued by him, he
shall record the same and furnish a copy of it to the Presiding Officer. (4)
Any member of the Zilla Parishad elected, on
behalf of a recognized political party shall cease to be a Member of the Zilla
Parishad for disobeying the directions of the party whip so issued, in, the
manner hereinafter provided. (5)
The Presiding Officer shall, on receipt of a
written report from the party whip within three days of the election that a
member belonging to his party has disobeyed the whip issued in connection with
the election, give a show-cause notice to the member concerned as to why he
should not be declared to have ceased to hold office and that he should make
any representation within seven days from the date of the notice. The Presiding
Officer shall consider any explanation given and pass a speaking order in the
matter of cessation for disobedience of the whip. If no explanation is
received, the Presiding Officer shall pass an order on the basis of the material
available with him. Immediately after the declaration of
the result of the election, the Presiding Officer shall, (a)
prepare a record of the proceedings of the
meeting and sign it attesting with his initials every correction made therein
and shall also permit any members present at the meeting to affix their
signatures to such record, if they so desire. (b)
publish on the notice board of the Zilla
Parishad a notice signed by him stating the name of the person elected as
Chairperson or Vice-Chairperson, as the case may be of the Zilla Parishad and
send a copy of such notice to the State Election Commission, Commissioner of
Panchayat Raj and the District Collector. A copy of the notice shall also be
given to the candidate who is declared to have been elected. (1)
Every casual vacancy in the office of
Chairperson or Vice-Chairperson of Zilla Parishad shall be filed up within a
period of six months from the date of occurrence of such vacancy in accordance
with the rules in this part. (2)
The notice of date and hour of the meeting in
which the election to fill up a casual vacancy in the office of Chairperson or
Vice-Chairperson of Zilla Parishad is to be held shall be given in Form - IX to
members at least three clear day sin advance of such meeting. The meeting shall
be presided over by the District Collector. PART VI : MISCELLANEOUS Notwithstanding anything contained in
these rules, the State Election Commission may, for sufficient reasons to be
recorded in writing, direct, from time to time, the postponement or alteration
of the date of any meeting convened under these rules and the Presiding Officer
concerned, shall give effect to the directions, issued.THE ANDHRA PRADESH CONDUCT OF ELECTION OF MEMBER (CO-OPTED),
PRESIDENT AND VICE-PRESIDENT OF MANDAL PARISHAD AND MEMBER (CO-OPTED),
CHAIRPERSON AND VICE-CHAIRPERSON OF ZILLA PARISHAD RULES, 2006
PREAMBLE