THE HARYANA MUNICIPAL ELECTIONS RULES, 1978 [AMENDED UPTO 2023]

Part I

Rule 1. Short title.--

These rules may be called the Haryana Municipal Elections Rules, 1978.????

Rule 2. Definitions.--

In these rules, unless the context otherwise requires. -

(a)      "Act" means the Haryana Municipal Act, 1973;

(b)      "agent" means any person appointed in writing by a candidate at an election to be agent for the purposes of these rules with the acceptance in writing by such person for such appointment;

[(bb) "[Backward Classes A][1]" means such lasses of citizen as may be specified by the Government from time to time ;][2]

(c)      "constituency" means a class or ward, for the representation of which a member or members is or are to be or has or have been elected under these rules;

(d)      ["Director Elections" Omitted by Haryana Notification No. S.O.72/HA24/ 73/S.257 and S. 276/94 dated 19.8.1994.]

(e)      "election" means the election of a member, president, or vice- president of a committee;

(f)       "elector" in relation to a constituency, means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any disqualification for voting;

(g)      Gazetted officer" means a Government employee belonging to any Indian Ad?ministrative Service or State Service or any other Government employee hold?ing a post which has been declared by competent authority to be a Gazetted post;

(h)     "newly constituted committee" means a committee of which the members have been elected at a general election or [nominated at the time of a general elec?tion, or thereafter][3] but have not yet taken their seats;

(i)       "oath of allegiance" means the oath or affirmation of allegiance prescribed by section 24;

(j)       "Revising Authority" means such person as the Deputy Commissioner may ap?point as the Revising Authority in respect of a constituency or part of a con?stituency [for the purpose of receipt and disposal of claims and objections in respect of preparation or revision of electoral rolls][4].

(k)      "roll" means the electoral roll of persons entitled to vote at a municipal election under these rules;

(l)       "Scheduled Castes" means such castes, races or tribes or parts or groups within such castes, races or tribes as have been specified under Article 341 of the Constitution of India to be Scheduled Castes;

(m)    "section" means a section of the Act;

(n)     "treasury" means a Government treasury or sub-treasury or a bank to which the Government treasury business has been made over;

(o)      words and expressions used herein and not defined in these rules shall have the same meaning as are assigned to them in the Act.????

Part II

Rule 3. Roll of committee.--

The rolls of each constituency of a committee shall be the electoral polls prepared by the Deputy Commissioner in the manner specified in rules 4 to 11.][5]

Rule 4. Preparation of fresh roll.--

[(1) ?The Deputy Commissioner shall, under the [superintendence, direction and control][6] of the [State Election Commissioner, Haryana][7] ,cause to be R rolls for each constituency of the committee in accordance with these rules.][8]

[(2) ?The roll shall be prepared in Hindi and in such other language or language and in such form as the[9] [-] [State Election Commissioner, Haryana][10] may direct][11] .

Rule 5. Disqualification for registration in roll.--

A person shall be disqualified for reg?istration in roll if he, -

(a) ??is not a citizen of India; or

(b) ??is of unsound mind and stands so declared by a competent court, or

[(c) ??is for the time being disqualified for voting under the laws relating to corrupt practices and other offences in connection with election including Parliamentary and State Assembly elections][12] ; and

(d) ???is less than [eighteen][13] years of age on the qualifying date.

"Explanation": -"Qualifying date" in relation to the preparation or revision of electoral roll means the 1st day of January of the year in which it is so prepared or revised.????

Rule 6. [Qualification for registration in the Roll].--

(1) ??Subject to the provisions of rule 5, every person who is not less than [eighteen][14] years of age on the qualifying date and is ordinarily resident in a constituency, shall be entitled to be registered in the roll for that constituency.

(2) ??A person shall not be deemed to be ordinarily resident in a constituency merely on the ground that he owns or is in possession of dwelling house therein. A person ab?senting himself temporarily from his ordinary residence shall not by reason thereof cease to be ordinarily resident therein.

(3)? ?No person shall be entitled to be registered in the roll for more than one constitu?ency and no person shall be registered in the roll for any constituency more than once.

(4) ?A member of Parliament or 'of the. Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll on which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.

(5)?? ?If in any case a question arises as to where as person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case.[15] ?????

Rule 7. Preliminary publication of roll.--

As soon as the roll of a constituency is ready, the Deputy. Commissioner shall publish it as draft together with a notice intimating the date by which objections or claims with regard to the roll may be presented to the Revising Authority specified therein. A copy of the roll of each constituency and the notice shall be posted at the office of the Deputy Commissioner, at the office of the committee and at such other place's) as the Deputy Commissioner may determine:

[Provided that a period of not less than ten days shall be allowed for filing claims and objections] [16]

Rule 8. Appointment of Revising Authorities.--

The Deputy Commissioner may ap?point any Magistrate of the first or second class to be a Revising Authority for the purpose of hearing claims and objections relating to roll and may specify the constituency or constituencies for which he shall be the Revising Authority.????

Rule 9. Manner of making and lodging claims and objections.--

(1)     Every claim shall be

(a)      in Form A;

(b)      signed by the person desiring his name to be included in the roll; and

(c)      countersigned by another person whose name is already included in the roll of the constituency in which the claimant desires his name to be included.

(2)     Every objection to the inclusion of name in .the roll shall be

(a)      inform B (in duplicate);

(b)      preferred only by a person whose name is already included in that roll; and

(c)      countersigned by another person whose name is already included in the roll in which the name objected to appear.

(3)     Every objection to a particular or particulars in an entry in the roll shall be

(a)        in form C; and

(b)        preferred only by a person to whom that entry relates.

(4)     Every claim or objection shall be addressed to the Revising Authority and shall be presented, or be sent by registered post to him.

(5)     The Revising Authority shall maintain a register of claims in form I-A and reg?ister of objections in form I-B, entering therein the particulars of every claim or objections, as the case may be, as and when it is received.

(6)     Any claim or objection which is not lodged within the period, or in the form and manner herein specified or if lodged by a person not entitled to lodge the same, shall be rejected.

(7)     If an objection or claim is presented by a person to a Revising Authority who is not authorised to receive it, such Revising Authority shall at once return it to the Per?son presenting it for presentation to the appropriate Revising Authority.

(8)     Where a claim or objection is not disposed of under sub-rule (6) or sub- rule (7) and the period prescribed for the presentation of claims and objections has expired, the Revising Authority shall forthwith post at his office a list of all claims and objec?tions received together with notice showing the date on which and the place at which such claims and objections will be heard. One copy of the objection shall be served on the person regarding whom it is made.????

Rule 10. Disposal of claims and objections.--

(1)     On the date and at the 'place fixed rule 9, the Revising Authority shall hear and decide the claims and objections according to their merits after hearing the parties concerned or their authorized agents and, in the case of a claim any person who objects to the admission of such a claim and after considering such evidence as may be produced or may appear necessary to him. He shall -

(i)       rejects any claim or objection which does not comply with any of the provisions of these rules or pass such orders as he may deem, fit;

(ii)      dismiss any case in which the claimant or objector is not present or is not represented.

(2)     Any person aggrieved by any such order may, within [five days][17] from the date of order apply to the Deputy Commissioner for revision and the Deputy Commis?sioner may as far as practicable, within [ten days][18] confirm such order, or set it aside or pass such other order with respect to the claim or objection as he may deem fit.

(3)     The decision of the Deputy Commissioner on appeal, and subject to such de?cision, the order of the Revising Authority under sub-rule (1), shall be final][19] .????

Rule 11. Final publication of roll.--

(1)     The Revising Authority as soon as he has dis?posed of all the claims and objections presented to him, shall forward a list of such claims and objections along with his orders thereon to the Deputy Commissioner who shall cause the roll to be corrected, in accordance with the orders passed by the Re?vising Authority or by him in revision under sub-rule (2) of rule 10 as the case may be and shall republish the roll so corrected or if he deems fit, shall republish the pre?liminary roll published under rule 7 together with list of additions and corrections prepared in accordance with the said orders.

(2)     Any roll republished under the provisions of sub-rule (1), with or without a list or additions and corrections, shall come into force from the date of such republica?tion.????

Rule 12. Revision of roll.--

(1)     The roll shall Unless otherwise directed by the [State Election Commissioner, Haryana][20] be revised in the prescribed manner before each general election to a Committee and for any constituency before a bye-election to fill a casual vacancy in such a constituency:

Provided that if for any reason the electoral roll is not revised the validity or con?tinued operation of the existing electoral roll shall not thereby, be affected :

Provided that, subject to the other provisions of these rules, the electoral roll for the constituency as in force at the time of the issue of any such direc?tion shall continue to be in force until the completion of the special re?vision so directed.

(2)     ?[-][21]

(3)     The roll for every constituency shall be revised under sub-rule ) either intensively or summarily, as the [State Election Commissioner, Haryana][22] may direct][23]

(4)     Where the roll or any part thereof is to be revised intensively it shall be prepared afresh and rules 4 to 11 shall apply in relation to such revision as they apply in relation to the first preparation of a roll.

(5)     When the roll or any part thereof is to be revised summarily, the Deputy Com?missioner shall cause to be prepared a list of amendments to the relevant parts of the roll on the basis of such information as may be readily available and publish the roll together with the list of amendments in draft; and the provisions of rules [5][24] to 11 shall apply in relation to such revisions as they apply in relation to the first prepara?tion of a roll.

(6)     Where at any time, between the publication of draft of the revised roll under sub-rule (4) read with rule 7 or of the roll and the list amendments under sub-rule (5) and the final publication of the same under rule (5) and the final publication of the same under rule 11, any names have been decided to be included in the roll for the time be?ing in force under rule 14, the Deputy Commissioner shall cause the name to be included also in the revised roll unless there is in his opinion, any valid objection to such inclusion.????

Rule [13. Correction of errors in roll.--

If the Deputy Commissioner, on an application made to his or own motion, is satisfied after such enquiry as he thinks fit, that any entry in the roll of a constituency.--

(a)      is erroneous or defective in any particular;

(b)      should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constitu?ency; or

(c)      should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the Deputy Commissioner shall, subject to such general or specified directions, if any, as may be given by the [State Election Commis?sioner, Haryana][25] in this behalf, amend, transpose or delete the entry:

Provided that before taking any action on any ground under clause (a), clause (b) or clause (c), the Deputy Commissioner, shall give the person concerned reasonable opportunity of being heard before taking the proposed action.[26] ?????

Rule [14. Inclusion of names in the roll finally published.--

Any person, whose name is not included in the roll of a constituency as finally published under rule 11, matt' apply in the manner hereinafter provided for the inclusion of his name in that roll]

[Rule 14-A. Manner for making application for inclusion, of name in the roll].--

(1)     An application under rule 13 or 14 shall be made in duplicate in such one of the forms A, B, C or D, as may be appropriate and shall be accompanied by a fee of one rupee:

Provided that such application shall be addressed to the Deputy Commissioner and presented to him at any time not later than four days from the date of publication of the election programme under rule 19 excluding the date of publication.

(2)     The fee specified in sub-rule (1) shall be

(a)      paid by means of non-judicial stamps; or

(b)      deposited in a Government treasury or the State Bank of India in favour of the Deputy Commissioner concerned; or

(c)      paid in cash against proper receipt to the Deputy Commissioner concerned or to any other officer authorised by him, in this behalf; and shall not be refund?able.

(3)     Where the fee is deposited under clause (b) of sub-rule(2), the applicant shall en?close with the application a Government treasury receipt and where the fee is paid in cash under clause (c) of sub-rule (2), the applicant shall enclose with the application, the proper receipt issued by the Deputy Commissioner or the Officer authorised by him in this behalf to receive the fee in cash, in proof of the fee having been deposited or paid in cash by him.

(4)     The Deputy Commissioner shall, immediately, on receipt of such application, direct that one copy thereof be passed in some conspicuous place in his office to?gether with a notice inviting objections to such applications within a period of four days from that date of such pasting.

(5)     The Deputy Commissioner shall, after the expiry of the period specified in sub-rule (4); consider the objections, if any, received by him and shall, if satisfied that the applicant is entitled to be registered in the roll direct his name to be included therein before the last date for making nomination for election to that constituency :

Provided that if the applicant is registered in the roll of any other constituency, the Deputy Commissioner shall inform the Deputy Commissioner concerned of that other constituency and the later shall on receipt of such information, strike off the name of the applicant from that roll.????

[Rule 14-B. Appeal.--

(1)     Where an application made under rule 13 or 14 is rejected, an ap?peal shall lie within a period of seen days from the date of rejection, to the [State Election Commissioner, Haryana][27].

(2)     Every appeal under sub-rule (1) shall be -

(a)      in the form of memorandum signed by the applicant;

(b)      accompanied by a copy of the order appealed against; and

(c)      accompanied with fee of five rupees which shall be paid by means of non-judicial stamps or in cash.

(3)     The decision in appeal shall be final.

(4)     The Deputy Commissioner shall cause such amendments to be made in the roll as may be necessary to give effect to the decision of the [28] [State Election Commis?sioner, Haryana][29].????

Rule 15. Custody and preservation of rolls and connected papers.--

(1)     After the roll for a Committee or any of its constituency has been finally published, the following papers shall be kept in the office of the Deputy Commissioner or at such other place as the [State Election Commissioner, Haryana][30] , may by order specify until the ex?piration of one year after the completion of the next intensive revision of that roll:

(a)      one complete copy of the roll and complete manuscript roll and duplicating pasting files;

(b)      all claims and objections to the draft roll,

(c)      all applications submitted to the Revising Authority under rule 9;

(d)      all applications submitted to the Deputy Commissioner under rule 10

(e)      all applications submitted to the Deputy Commissioner under rule 14;

(f)       all decisions and directions of the Revising Authority; [(g) Omitted ][31]

(g)      all appeals submitted to [State Election Commissioner, Haryana][32], against the orders of the Deputy Commissioner.

(2)     One complete copy of the electoral roll for each constituency duly authenticated by the Deputy Commissioner or by any other officer authorised by him shall be kept at such place as the [State Election Commissioner, Haryana][33], may specify for a period of six years from the date of its final publication.????

Rule 16. Inspection of roll and connected papers.--

Every person shall have the right to inspect the election papers referred to in rule 15 and to get attested copies thereof on payment of such fee as may be fixed by the [State Election Commissioner, Haryana][34]

Rule 17. Disposal of roll and connected papers.--

The papers referred to in rule 15 shall on the expiry of the period specified therein, be disposed of in such manner as the [State Election Commissioner, Haryana][35] may in consultation with the State Government, direct.????

Part III

Rule 18. Notification of symbols.--

(1)     The [State Election Commissioner, Haryana][36] shall by notification in the official Gazette publish list of symbols along with the restrictions, if any, subject to which those may be chosen by the candidates at the election and may in the like manner add to or vary such list.

(2)     In each constituency every nomination paper delivered under rule 23 shall also contain a declaration specifying the particular symbol which the candidate has cho?sen for his first reference, out of the list of symbols for the time being in force under sub rule (1) and also specifying two other symbols out of that list which he has chosen for his second and third preference respectively:

Provided that the choice to be made by a candidate under this sub- rule shall b5 subject to such restrictions as the [State Election Commissioner, Haryana][37] may think fit to impose in that behalf.????

Rule 19. Election programme and appointment of Returning Officer.--

(1) ???The [State Election Commissioner, Haryana][38] shall frame a programme for elections hereinafter referred to as the "election programme" of a committee.

(2) ?The election programme shall be published at least ten clear days before the first day fixed for making nominations and shall specify the date or dates, on, by or within which,

(i)?? ?the nomination papers shall be presented:

Provided that a period of not less than five days shall be prescribed for pres?entation of nomination papers;

(ii) ??the list of nomination papers shall be posted;

(iii) ??the nomination papers shall be scrutinized;

(iv) ??applications for the revision of the orders of the authority scrutinizing the nomination papers may be made to the Deputy Commissioners:

Provided that a period of not less than three days shall be allowed for filing of revising application;

(v) ???the revision application filed under clause (iv) shall be decided;

(vi) ??a candidate may withdraw his candidature;

(vii) ?the list of contesting candidates shall be posted;

(viii) the list of polling stations shall be posted;

(ix) ??the poll shall be held:

Provided that the date of poll shall not be earlier than the twentieth day after the last date fixed for the withdrawal of candidatures;

(x) ??the ballot-papers shall be counted (here-time and place fixed for the purpose shall also be specified); and

(xi) ?the result of election shall be declared.][39]

(3) ??The State Election Commissioner Haryana shall authorise the Deputy Commissioner to designate a Returning Officer who shall be an officer of the Government for every committee:

Provided that nothing in this rule shall prevent the Deputy Commissioner from designating Ale same person to be the Returning Officer for more than one ,committee ;][40]

(4) ??The Deputy Commissioner may appoint one or more Assistant Returning Offi?cers in the performance of his functions.

(5) ??Every Assistant Returning Officer shall, subject to the control [should read re?vision] 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 nominations unless the Returning Officer is unavoidably prevented from performing the said func?tions.

(6) ??The election programme shall be published at least ten clear days before the first date for making nominations, by posting a copy of it at the office of the Deputy Com?missioner, at the office of the committee concerned and at such other conspicuous places in the said committee as may be determined by the Deputy Commissioner in this behalf. The last dates for making nomination papers, their scrutiny and with?drawal shall not be public holidays. If any of the last dates for these purposes happens to be a public holiday such nominations, scrutiny or withdrawal shall take place, the next succeeding day which is not a public holiday.

(7) ?Subject to the provisions of sub-rule (6), the State Election Commissioner Haryana may, by an order amend, vary or modify the election programme at any time:

Provided that unless the State Election Commissioner,-Haryana otherwise directs, no such order shall be deemed to invalidate any proceedings already taken be?fore the date of the order.][41] ?????

Rule 20. Dates to be fixed for nomination of candidates and scrutiny of nominations.--

The Returning Officer shall on the date specified under rule 19, by notices posted at his Office and at the Office of the committee, and at such other places as he may determine:

(a)      invite nomination papers of candidates for election;

(b)      fix the date, time and place where and how the nomination paper shall be de?livered;

(c)      specify the authority to whom nomination papers shall be delivered; and

(d)      fix the date, time and place for the scrutiny of nomination papers of candidates.

Explanation.--The dates fixed under clauses (b) and (d) shall be the same as specified under rule 19 in this behalf.????

Rule 21. Disqualifications for membership.--

(1)     No person shall be eligible for elec?tion as a member of a committee, who

(a)      is not an elector, that is a qualified voter for any constituency of that committee under these rules; and has not attained the age of [twenty one][42] year or

(b)      in the case of a seat reserved for the Schedule Castes, [and [Backward Classes A][43]

[44] is not a member of any of Scheduled Castes [and [Backward Classes A][45]

[46] in relation to the State of Haryana; or

(c)      is under contract for work to be done for or goods to be supplied to, the committee; or

(d)      receives any remuneration out of the municipal fund for services rendered to the committee:

Provided that nothing contained in this clause shall debar a person, who receives as President, salary sanctioned by the State Government under section 58 from standing for election or re-election as a member of the committee;

(e)      has, within five years from the date fixed for the nomination of candidates under the provision of rule 20 been proscribed from Government employment; or

(f)       has at any time within five years from the date specified for the nomination of candidates under the provisions of rule 20 been serving a sentence of impris?onment for not less than two years; or

(g)      has at any time within five years from the date specified for the nomination of candidates under the provisions of rule 20 been convicted under the protection of Civil Rights Act, 1955; or

(h)     is an un discharged insolvent; or is in arrears [of any kind exceeding rupees one hundred]6 due from him (otherwise than as a trustee) to the Committee when a special demand in this behalf has been served upon him by the committee; or

(i)       is a whole time salaried official in the service of any Panchayat Samiti, Gram Panchayat, Municipal Committee, Notified Area Committee or Cantonment Board, Improvement Trust or holds any office of profit under the Government of India or the Government of any State other than an office declared by. the Legislature of the State of Haryana by law not to disqualify its holder for being chosen as and for being a member of the Legislative Assembly of the State; or

(j)       who is disqualified for such membership as a result of his election having been set aside under these rules; or

(k)      is disqualified for membership of any Panchayat Samiti or Gram Panchayat or Municipal Committee or Notified Area Committee or Cantonment Board or Improvement Trust as a result of his election for membership of such Samiti or Panchayat or Board or Trust or Committee having been declared void for corrupt practices; or

(l)       has at any time within five years from the date fixed for the nomination of can?didates under the provisions of rule 20 been convicted of an offence under section 171-E or 171-F of the Indian Penal Code (Act 45 to 1860), or having been disqualified from exercising any electoral right for a period of not less than five years in connection with an election of the State Legislature is, on the said date of nomination, still subject to the disqualification.

(2) ??The State Government may, for reasons to be recorded, except any person or class of persons from the disqualifications contained in clauses (c) to (h) and clause (j).

(3) ???No person shall be eligible to propose a candidate who is ineligible for election as a member of that committee.

[Proviso][47]

[(4) ??If any question arises as to whether a member of a committee has become subject to any of the disqualifications mentioned in the Act and the rules, the question shall be referred by the Deputy Commissioner to the State Election Commissioner, Haryana whose decision shall be final.][48] ?????

Rule 22.

 No person shall vote in more than one constituency or stand for election in more than one local authority, and in case of his voting or standing otherwise his votes or candidatures, as the case may be, shall be void.

Explanation.--In this rule the expression local authority shall mean a Committee, a Panchayat Samiti, a Gram Panchayat, Notified Area Committee, Cantonment Board or Improvement Trust.????

Rule 23. Nomination of candidates.--

(1)     Any person not ineligible for membership of the committee under the provisions of rule 21 or of any other rules. or of the Act or of any other Act, may be nominated as a candidate for election.

(2)     On or before the date specified for the nomination of candidates under rules 20, between the hours of eleven O'clock of the forenoon and three O'clock of the afternoon or such other hours as the Returning Officer may fix to suit local requirements, each candidate shall, either in person or by his proposer or by an agent and unless such agent is a legal practitioner, his authorisation as such duly verified by a magistrate, sub-registrar of the registration department, lambardar or member of a local authority, deliver to the Returning Officer at the specified place, a nomination paper completed in Form I appended to these rules and subscribed by the candidate himself as assenting to the nomination and by an elector as proposer.

(3)     In a constituency where a seat is reserved for the [Scheduled Castes, [Backward Classes A][49] and women either of Scheduled Caste or general category][50], a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains declaration by him and verified by any of the authorities mentioned in sub rule (2) that the candidate is a member of the [Scheduled Caste, [Backward Classes A][51] and women either of Schedule Caste or general category][52] for which the seat has been so reserved. The declaration should also specify the particular caste of which the candidate is a member.

(4)     Nothing in this rule shall prevent any candidate from being nominated by more than one nomination paper for election in the same constituency:

Provided that not more than four nomination papers shall be presented by or on be?half of any candidate or accepted by the Returning Officer for election in the same constituency.

(5)     On the presentation of a nomination paper, the Returning Officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the roll:

Provided that the Returning Officer may

(a)      Permit any clerical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them in conformity with the corre?sponding entries in the roll, and

(b)      where necessary, direct that any clerical or printing error in the said entries shall be overlooked.????

Rule 24. Deposit to be made by candidate.--

(1)     The nomination paper of a candidate shall not be deemed to have been duly delivered unless at the time of delivery of the same under rule 23, the candidate has either deposited or causes to be deposited a sum shown in the table below with the Returning Officer in cash or enclose with the nomi?nation paper a receipt showing that the said sum has been deposited in the Government treasury, or Government promissory notes of equal value at the market rate of the day:[55]

Provided that where a candidate has been nominated by more than one nomination papers for election in the same constituency, not more than one deposit shall be required of him under this sub-rule.

(2)     The deposit made under sub-rule (1) shall be returned to the person by whom it was made if.?

(a)      the nomination paper in respect of which it has been made is rejected; or

(b)      the candidate on whose behalf the deposit has been made, withdraws his can?didature within the time specified under rule 28; or

(c)      the candidate dies before the commencement of the poll; or

(d)      the candidate has been elected, or the number of votes polled for him exceed one-eighth of the total number of votes polled.

(3)     In all other cases, the deposit referred to in sub rule (1) shall be forfeited to State Government.

Explanation.--For the purpose of clause (d) the number of votes polled shall be deemed to be the number of ballot papers other than rejected ballot- paper counted.

(4)     The deposit shall, if it is not forfeited under sub-rule (3), be returned to the can?didate or the person, who has made the deposit in his behalf, as the case may be. In case the person who made the deposit dies, the deposit shall be returned to his legal representative:

Provided that, if a candidate is duly nominated at an election in more constituen?cies than one, not more than one of the deposits made by him or on his behalf shall be returned and the remainder shall be forfeited to the State Government.????

Rule 25. Notice of nominations and time and place for scrutiny.--

The Returning Of?ficer shall, on receiving the nomination papers under sub-rule (1) of rule 23, inform the person or persons delivering the-same, of the date, 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 description similar to those contained in the nomination paper, both of the candidate and of the proposer.????

Rule 26. List of nominations to be posted.--

The Returning Officer, on the date specified under rule 19 in this behalf post at his office and at the municipal office a list of all the candidates whose nomination papers have been presented under rule 23, to?gether with descriptions, similar to those contained in the nomination papers, both of the candidates and the proposer.????

Rule 27. Scrutiny of nominations.--

(1)     On the date fixed for the scrutiny of nominations under rule 20, the candidate, one proposer and one other person duly authorised in writing by the candidate, but no other person, may attend at such time and place as the Returning Officer may appoint; and all reasonable facilities shall be given to them for examining the nomination papers of all candidates whose names are included in the list of candidates posted under rule 26.

(2)     The Returning Officer shall then examine the nomination papers and shall de?cide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary enquiry, if any, as he may deem necessary, reject any nomination if he is satisfied that

(a)    the candidate was on the date fixed for the nomination of candidates ineligible for election under the provision of rule 21 or of any other rules or of the Act or of any other Act and had not before that date been exempted by the State Government from any disqualification imposed upon him;

(b)    the proposer was not qualified to subscribe the nomination paper under these rules;

(c)    there has been any failure to comply with any of the provisions of rule 23 or rule 24;

(d)    the candidate or any proposer is not identical with the person whose number on the roll is given in the nomination paper as the number of such candidate or proposer, as the case may be; and

(e)    the signatures of any candidate or of any proposer are not genuine or has been obtained by force or by fraud.

(3)     Nothing contained in clauses (b), (c) or (e) 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)     No nomination shall be rejected under clause (d) of sub-rule (2) if a summary enquiry is sufficient to establish the identity of the candidate or the proposer.

(5)     The Returning Officer shall endorse on each nomination paper his decision ac?cepting or rejecting it. In case a nomination paper is rejected he shall record in writing a brief statement of his reason for such rejection. [An attested copy of the decision accepting or rejecting a nomination papers shall be supplied by the Returning Officer on the same day on an application having been made in this behalf by p person who is entitled to be present at the time of scrutiny of nomination papers.][56].

(6)     Any person aggrieved by any order passed under rule 27 may, within the date specified under rule 19 in this behalf, present in person or by counsel or by a duly authorised agent appointed by means of authority in writing and verified by a magistrate, sub-registrar of the registration department, lambardar or a member of a local authority to the Deputy Commissioner an application for revision of such order.

(7)     On receipt of a revision application under sub-rule (6), the Deputy Commissioner, after hearing the applicant or his counsel, confirm the order already passed, or after sending by registered post notices to the parties concerned intimating the date of which such applicant will be heard, may, on such date, after hearing any repre?sentation which the applicant or the other parties may make, confirm the said order or may set it aside and pass such other order as he may deem fit.

(8)     Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the Returning Officer shall pre?pare a list of validly nominated candidates that is to say candidates whose nominations have been found valid and affix it to his notice board.????

Rule 28. Withdrawal of candidature.--

Any candidate may withdraw his candidature by notice in writing and delivered to the Returning Officer before three O'clock in the afternoon or such other hours as the Returning Officer may fix to suit local requirements on or before the date specified under rule 19 in this behalf and no person who has thus withdrawn his candidature shall be allowed to cancel his withdrawal or to be denominated as a candidate for the same election in the same constituency.

Rule 29. Assignment of symbols to candidates.--

(1)     If in any constituency a poll becomes necessary, under rule 31 the Returning Officer shall before preparing a list of contesting candidates under rule 30, 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 Election Commissioner, Haryana][57] assign a different symbol to each contesting candidate in conformity, as far as practicable, with his choice. If more contesting candidates than one have indicated their preference for the same symbol, the Returning Officer shall decide by lot to which of such candidates the symbol will be assigned.

(2)     The assignment by the Returning Officer of any symbol to a candidate shall be final except where it is inconsistent with any directions, issued by tie State Government in which case the [State Election Commissioner, Haryana][58] may revise the assignment in such manner as it thinks fit.

(3)     Every candidate or his agent shall forthwith be informed of the symbol assigned to him and be supplied with a specimen thereof by the Returning Officer.????

Rule 30. List of contesting candidates.--

(1)     Immediately after the expiry of the period within which candidatures may be withdrawn under rule 28, the Returning Officer shall prepare [59] [in Hindi and such other language or languages as may be prescribed by the [State Election Commissioner, Haryana][60] a list of contesting candidates that is to say, candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the prescribed period and cause it to be posted at some conspicuous place in his office and at the Municipal Office.

(2)     The said list shall contain the names in Hindi alphabetical order and address of the contesting candidates as given in the nomination papers together with the symbols assigned to each candidate, if poll is necessary, under rule 32.????

Rule 31. Candidates deemed to be elected if their number is equal to or less than the number of vacancies.--

(1)     If the number of contesting candidates in any constitu?ency is equal to the vacancies of members to be filled the returning officer shall declare all such candidates to be duly elected, to fill these vacancies.

(2)     If the number of such candidates is less than the number of vacancies to be filled the Returning Officer shall. declare all such candidates to be elected and the Deputy Commissioner shall frame fresh election programme under rule 19 to elect persons to fill the remaining vacancies.????

Rule 32. Poll to be taken if number of candidates is more than number of vacancies.--

If the number of contesting candidates in any constituency is more than the number of vacancies to be filled for such constituency, a poll shall be taken.????

Rule 33. Death of a candidate before the poll.--

If a candidate dies before the poll and after the date fixed for the nomination of candidates and his nomination is or has been accepted as valid by the Returning Officer, all proceedings with reference to the election of a member in the constituency or constituencies in which he was a candidate shall be commenced anew in all respects as if for a fresh election:

Provided that no fresh nomination shall be necessary in the case of a candidate whose name is entered on a list of contesting candidates posted under the pro?visions of rule 30.????

Rule 34. List of polling stations to be published, polling officers to be appointed and ban on meetings.--

(1)     The Returning Officer shall provide such number of polling stations as he may deem necessary and shall on the date specified under rule 19 in this behalf post at his office and at the office of the committee a list showing the polling stations so provided, the polling area or the group of voters for which they have re?spectively been provided and the hours during which they shall remain open for the poll.

(2)     No person shall be permitted to vote except at the polling station of the area to which according to the roll he belongs and within the period for which the polling sta?tion remains open.

(3)     The Returning Officer shall appoint a Presiding Officer for each polling station and such number of polling officers are considered necessary and if before or at the time of the poll the Presiding Officer or the Polling Officer refuses to act or becomes incapable of acting as such, the Returning Officer shall appoint another person to act as Presiding Officer or Polling Officer, as the case may be, and the Returning Officer may at any time, if he thinks fit appoint any other person so to act in place of any per?son previously appointed.

(4)     The Presiding Officer shall in addition to performing any other duties imposed upon him by these rules be in general charge of all arrangements at the polling station and may issue orders as to the manner in which person shall be admitted to the polling station and generally for the preservation of peace and order at or in the vicinity of the polling station.

(5)     No person shall convene, hold or attend any public meeting within the munici?pal limits of the town in any area of which poll is to be taken, during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that town.][61] ?????

Rule 35. Design of ballot boxes.--

Every ballot box shall be of such design as may be approved by the [State Election Commissioner, Haryana][62].????

Rule 36. Form of ballot papers.--

(1)     Every ballot paper shall have a counter foil at?tached thereto, and the said ballot paper and the counter-foil shall Ale in such form, and the particulars therein shall be in Hindi and such other language][63] as the [State Election Commissioner, Haryana][64] may direct.

(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.????

Rule 37. Material to be supplied at polling station.--

The Deputy Commissioner shall provide at each polling station sufficient number of ballot boxes, copies of the rele?vant part of the electoral roll, ballot papers, instruments for stampings and distinguishing marks on ballot papers, articles necessary for electors to mark the bal?lot papers and any other article necessary during the process of poll.????

Rule 38. Arrangements at polling stations.--

(1)     Outside each polling station there shall be displayed prominently

(a)      a notice specifying the polling area the electors of which are entitled to vote at the polling station and, where the polling area has more than one polling sta?tion, the particulars of the electors so entitled; and

(b)      a copy of the list of contesting candidates.

(2)     At each polling station, these shall be set up one or more voting compartments in which electors can record their votes screened from observation.????

Rule 39. Appointment of polling agents.--

(1)     The number of polling agents that may be appointed shall be one agent and two relief agents.

(2)     Every such appointments shall be made in form 2 and shall be made over to the polling agent for production at the polling station.

(3)     No polling agent shall be admitted into the polling station unless he has deliv?ered to the presiding officer the instrument of his appointment under sub-rule (2) after duly completing and signing before the Presiding Officer the declaration contained therein.????

Rule 40. Admission to polling station.--

The Presiding Officer shall regulate the number of electors to be admitted at any one time inside the polling station and shall exclude (d) there from all persons other than

(a)      polling officers;

(b)      public servants on duty in connection with the election;

(c)      persons authorised by the [State Election Commissioner, Haryana][65] , Haryana;

(d)      candidates and one polling agent of each candidate;

(e)      a child in arms accompanying an elector;

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

(g)      such, other persons as the Returning Officer or the Presiding Officer may em?ploy under sub-rule (2) of rule 41 or rule 42.????

Rule 41. Facilities for women electors.--

(1)     Where a polling station is for both men and women electors, 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 woman to serve as an attendant at any polling station to assist women electors and also to assist the Presiding Officer generally in taking the poll in respect of women electors, and in par?ticular, to help in searching any woman in elector case it becomes necessary.????

Rule 42. Staff for identification of electors.--

The Presiding Officer may employ at the polling station such person as he thinks fit to help in the identification of electors or to assist him otherwise in taking the poll.????

Rule 43. Preparation of ballot boxes for poll.--

(1)     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.

(2)     Every ballot box used at a polling station shall bear labels, both inside and out?side, marked with

(a)      name of committee;

(b)      constituency No. (Ward No.);

(c)      polling station No.;

(d)      serial number of the ballot box (to be filled in at the end of the poll on the label outside the ballot box only);

(e)      the date of the poll; and

(f)       place of the poll.

(3)     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 to in sub-rule (2).

(4)     The ballot-box shall then be closed, sealed and secured and placed in full view of the Presiding Officer and the polling agents.????

Rule 44. Marked copy of electoral roll.--

Immediately before the commencement of the poll, the Presiding Officer shall also demonstrate to the polling agents and others present that the marked copy of the roll to be used during the poll does not contain any mark against any elector entered therein.????

Rule 45. Identification of electors.--

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

(2)     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 roll, if he is satisfied that such person is identical with the elec?tor to whom such entry relates.????

Rule 46. Challenging of identity.--

(1)     Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of two rupees 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 a penalty for persona ion;

(b)      read the relevant entry in the electoral roll 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 votes in form 3; and

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

(3) ??The Presiding Officer shall thereafter hold a summary enquiry into the chal?lenge and may for that purpose

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

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

(c)      administer an oath to the person challenged and any other person offering to give evidence.

(4) ???If, after the enquiry, 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 chal?lenger at the conclusion of the enquiry.????

Rule 47. Safeguards against personation.--

(1)     Every elector about whose identity the Presiding Officer or the Polling Officer, as the case may be, is satisfied, shall allow his left forefinger to be inspected by the Presiding Officer or Polling Officer and in?delible ink marked be put on it.

(2)     If any elector refuses to allow his left forefinger to be inspected or marked in ac?cordance 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 an elector shall, in the case where the elector has his left forefinger missing, be construed as a reference to any other finger of his hand, and shall in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger of his right hand, and shall in the case where all his fingers of both the hands are missing be con?structed as a reference to such extremity of his left or his right arm as he possesses.????

Rule 48. Right to vote.--

(1)     Only an elector is entitled to vote in the election.

(2)     No person shall vote in more than one constituency and if a person votes in more than one constituencies his votes in all such constituencies shall be void.

(3)     No person shall be qualified for voting if he has been convicted of an offence punishable with imprisonment under section 171-E or 171-F of the Indian Penal Code (Act 45 of 1860), unless a period of six years has elapsed from the date of con?viction or the State Government has, for reasons to be recorded in writing, removed such disqualification in any particular case.????

Rule 49. Voting by marking ballot papers.--

The voting shall be by marking the ballot papers.????

Rule 50. Voting to be in person and not by proxy.--

Voting shall be in person and not by proxy.????

[50-A. Voting by postal ballot.--

(1)     An elector on election duty who wishes to vote by post shall send an application in Form No. 10 to the Returning Officer of the Constituency in which he is enrolled, for supply of postal ballot paper at least ten days before the date fixed for poll.

(2)     The form and the language of postal ballot paper shall be such as the State Election Commission may direct.

(3)     The Returning Officer shall send postal ballot paper to the electors, who have applied under sub-rule (1), by post under certificate of posting, at least seven days be?fore the date of poll. These can also be delivered to them against personal acknowledgement on proper identification.

(4)     The elector shall mark his choice on the postal ballot paper, complete such other formalities as may be necessary according to the directions sent with the ballot paper and return the ballot paper to the Returning Officer so as to reach him before the hour fixed for close of poll at the polling stations.

(5)     The Returning Officer shall mark "POSTAL BALLOT" against the name of the elector on the marked copy of the electoral roll."][66] ?????

Rule 51. Issue of ballot papers to electors.--

(1)     Every ballot paper before it is issued to an elector, and the counter-foil attached thereto shall be stamped on the lack with such distinguishing mark as the [State Election Commissioner, Haryana]14 may direct, and every ballot paper, before it is issued, shall be signed in full on its back by the Presiding Officer.

(2)     At the time of issuing a ballot paper to an elector, the Polling Officer shall record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the roll of the concerned constituency of the commit-, [obtain the signatures or thumb impression of the elector on the said counter-foil][67] and mark the name of the elector in the marked copy of the electoral roll 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 elector:

[Provided that no ballot paper shall be delivered to an elector unless he has put his signatures or thumb impression on the counter-foil of the ballot paper:

Provided further that it shall not be necessary for the Presiding Officer or Polling Officer or any other officer to attest the signatures or the thumb impression of the elector on the counter-foil][68]  .

(3) ??No person in the polling station shall note down the serial number of the ballot papers issued to particular electors.????

Rule 52. Maintenance of secrecy of voting electors within polling station and voting procedure.--

(1)     Every elector to whom a ballot paper has been issued under these rules, shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.

(2)     The elector on receiving the ballot paper shall forthwith ?

(a)      proceed to one of the voting compartments;

(b)      there make a mark on the ballot-paper with the instruments 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 papers;

(e)      insert the folded ballot-paper so as to conceal his vote

(f)       quit the polling station.

(3)     Every elector shall vote without undue delay.

(4)     No elector shall be allowed to enter a voting compartment when another elector is inside it.

(5)     If an elector to whom a ballot paper has been issued, refuses, after warning given by the Presiding Officer, to observe the procedure as he has recorded his-vote thereon or not, be taken back from him by the Presiding Officer or a Polling Officer under the direction of the Presiding Officer.

(6)     After the ballot-paper has been taken back, the Presiding Officer shall record on its back the works "Cancelled: Voting Procedure violated" are recorded, shall be kept in a separate cover which shall bear on its face the words "Ballot-paper; Voting pro?cedure violated".

(7)     Without prejudice to any other penalty to which an elector, from whom a bal?lot-paper has been taken back under sub-rule (5), may be liable, the vote, if any, recorded on such ballot-paper shall not be counted.????

Rule 53. Recording of votes of blind or infirm electors.--

(1)     If the Presiding Officer is satisfied that owing to blindness or other physical infirmity, an elector is unable to recognize the symbols on the ballot-paper or to make a mark thereon without assis?tance, the Presiding Officer shall permit the elector to take with him a companion of not less than [eighteen][69] 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 elector; at any polling station on the same day :

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

(2)     The Presiding Officer shall keep a record in form 4 of all cases under this rule.

(3)     The Presiding Officer shall, when he is so requested by the companion of an elector, explain to him the instructions for the recording of votes.????

Rule 54. Spoilt and returned ballot-papers.--

(1)     An elector who has inadvertently dealt with his ballot-paper, in such manner, that it cannot be conveniently used as a ballot-paper may on returning it to the Presiding Officer and on satisfying him of the inadvertence, be given another ballot- paper, and the ballot-paper so returned and the counter-foil of such ballot- paper shall be marked "Spoilt : cancelled" by the Presid?ing Officer.

(2)     If an elector after obtaining a ballot-paper decides not to use it, he shall return it to the Presiding Officer, and the ballot-paper so returned and the counter-foil of such ballot paper 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.????

Rule 55. Tendered votes.--

(1)     If a person representing himself to be a particular elector applied for a ballot-paper after another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity ;as the Pre?siding Officer may, ask, be entitled, subject to the following provisions of this rule, to mark a ballot-paper (hereinafter in these rules referred to as a "tendered ballot-pa?per") in the same manner as any other elector.

(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 5.

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

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

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

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

Rule 56. Closing of poll.--

(1)     Except as provided in sub-rule (3) the Presiding Officer shall close the polling station at the hour fixed in that behalf under sub-rule (1) of rule 34 and shall not thereafter admit any elector into the polling station:

Provided that all electors present at the polling station before it is closed shall be allowed to caste their votes.

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

(3)     If for any reason it was not possible to open the polling station at the hour fixed under sub-rule (1) or rule 34 or if by reason of disorder at the polling station, or for any other reason the Presiding Officer has considered it necessary, to stop the polling for a certain time, the Presiding Officer shall keep the polling station open for a fur?ther period equal to the period that elapsed between the hour appointed for the opening of the polling station and the hour at which it was actually opened or the time during. which polling was topped, as the case may be.

(4)     If polling is to take place on more than one day at any polling station in respect of the election in any one constituency the Presiding Officer shall in the presence of candidates or their agents, who may be present close the slit of each ballot box and where a box does not contain any mechanical device for closing the slit, seal up the slit and secure the ballot-boxes used at the polling station during the day and shall then hand them over to the Officer Incharge of the police station for safe custody.????

Rule 57. Account of ballot-paper.--

Immediately after the close of poll at a polling sta?tion and before commencement of counting of votes under rule 59 is taken, the Presiding Officer shall prepare an account of ballot-papers in form 6 showing total number of ballot-papers received, used, and un-used, including tendered and also the number of ballot-papers those should be found in the ballot-boxes. This account shall be forwarded to the Deputy Commissioner along with the packets stated in rule 65.????

Rule 58. Fresh poll in case of destruction etc. of ballot-boxes.--

(1)     If at any election any ballot-box used at a polling station or at-any other place fixed for the poll is un?lawfully taken out of the custody of the Presiding Officer or is accidentally or intentionally destroyed or lost, or damaged or tampered with and the [Returning Of?ficer is satisfied that in consequence thereof the result of the poll of that polling station of place cannot be ascertained he shall report the facts to the State Election Commissioner, Haryana who shall.--][70]

(a)      declare the polling at that polling station to be void;

(b)      appoint a day and fix the hours for taking a fresh poll at the polling station; and

(c)      notify the day so appointed and the hours so fixed by him in the manner provided in these rules.

(2)     The provisions of these rules shall apply to every fresh poll as they apply to the original poll.????

Rule 59. Counting of votes.--

(1)     On the date and time specified under rule 19 and subject to such general or special, directions, if any, as may be given by the [State Election Commissioner, Haryana][71]in this behalf, the Presiding Officer in the presence of the Polling Officers and of such candidates or their agents, if any, as may be present shall have the ballot-papers taken out of the ballot-boxes) used at the polling station, get them mixed together, and then

(2)     arranged in convenient bundles and scrutinized.

(3)     The Presiding Officer shall reject a ballot paper:

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

(b)      if it bears no mark to indicate the vote 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 candidates 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 papers authorised for use at the par?ticular polling station; or

(h)     if it does not bear both the distinguishing mark and the signature which it should have borne under the provisions of sub-rule (1) of rule 51:

(i)       that where the Presiding Officer is satisfied that any such defect as is men?tioned in clause (g) or clause (h) has been caused by the mistake or fail?ure on his own part or that of a Polling Officer the ballot paper shall not be rejected merely on the ground of such defect:

Provided further that 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.

(4)     Before rejecting any ballot-paper under sub-rule (2) the Presiding. Officer shall allow each candidate or his agent present a reasonable opportunity to inspect the bal?lot paper but shall not allow him to handle it or any other ballot paper.

(5)     The Presiding Officer shall endorse on every ballot-paper which he rejects the word "Rejected" and the grounds of rejection in abbreviated form in his own hand and shall initial such endorsement.

(6)     An ballot-papers rejected under this rule shall be bundled together.

(7)     Every ballot-paper which is not rejected under this rule shall be counted as one valid vote:

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

(8)     If under any circumstances the counting of ballot papers of any constituency of any committee is postponed, the ballot boxes used in each constituency of that com?mittee, shall be kept in safe custody by the Deputy commissioner as per the directions of the State Election Commissioner, Haryana.][72] ?????

Rule 60. Counting to be continuous.--

(1)     The Presiding Officer shall as far as practi?cable proceed continuously with the counting of the votes and shall during any intervals when the counting has to be "suspended, keep the ballot- papers, packets and other documents relating to the election sealed with his own seal and the seals of such candidates or agents as may desire to affix their seals and shall cause adequate pre?cautions to be taken for their safe custody.

(2)     After the counting of all ballot-papers contained in all the ballot- boxes used at a polling station has been completed, the Presiding Officer shall fill in and sign the result of counting, in form 7, announce the particulars and unless there is recounting of votes shall transmit the same to the Returning Officer.????

Rule 61. Recount of votes.--

(1)     After the announcement under sub-rule (2) of rule 60 a candidate or in his absence his agent may apply in writing to the Presiding Officer or the Returning Officer to recount the votes either wholly or in part stating the grounds on which he demands such recount.

(2)     On such an application being made, the Presiding Officer or the Returning Of?ficer, as the case may be, shall decide the matter and may allow the application in whole or in part or may reject it in to if it appears to him to be frivolous or unrea?sonable.

(3)     Every decision of the Presiding Officer or the Returning Officer, as the case may be, under sub-rule (2) shall be in writing and contain the reasons there for.

(4)     If the Presiding Officer or the Returning Officer, as the case may be, decides under sub-rule (2) to allow a recount of votes either wholly or in part, he shall

(a)      arrange recounting of the ballot-papers in accordance with his decision;

(b)      amend the result-sheet in form 7 to the extent necessary after such recount; and

(c)      announce the amendments so made by him and transmit the same to the Return?ing Officer.

(5)     No application for recount shall be entertained after the declaration of results under rule 62.????

Rule 62. Declaration of results and procedure in case of tie.--

When the counting of votes has been completed and if no fresh poll is required to be held in that constituency the Re?turning Officer shall forthwith consolidate the account of ballot-papers in form 8 and declare the result in the following manner:

(a)      The candidate who is found to have obtained the largest number of valid votes shall be declared to have been elected.

(b)      If, after a consolidating the result in form 8, a tie is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and the candidate on whom the lot falls shall be con?sidered to have received an additional vote and shall be declared to be duly elected.????

Rule [63. Preparation of return][73].--

When the result has been declared under rule 62, the Returning Officer shall forthwith prepare a return show the names of the candi?dates, the number of votes recorded for each and the names of the candidates declared to have been elected and shall forthwith post a copy of the return in a conspicuous place at his office and send with a copy thereof to the Deputy Commissioner. The Deputy Commissioner shall immediately forward tile names of the candidates elected to the [State Election Commissioner, Haryana][74] who shall notify, the same in the Official Gazette within the period specified in sub-section (1) of section 24.]????

Rule 64. Choice of seat in case of election to more seats than one.--

Any candidate who is elected in more than one constituency shall, by notice in writing signed by him and delivered to the Deputy Commissioner within seven days of the publication of the result of election in the Official Gazette, choose for which of those constituencies he shall serve. If he does not deliver such notice within the aforesaid period, the Deputy Commissioner shall within fourteen days from the date of the publication of the result declare for which constituency he shall serve. Such choice or declaration, as the case may be, shall be final. Resulting vacancy or vacancies in the constituency or con?stituencies not chosen or declared, shall be filled under rule 67.????

Rule 65. Election papers to be forwarded to Deputy Commissioner.--

(1)     The Presiding Officer shall seal up in separate packets on the outside of which shall be endorsed a description of their contest, and forward to the Deputy Commissioner

(a)      the marked copy of the roll;

(b)      the counter-foil of the used ballot-papers;

(c)      the ballot-papers signed in full by the Presiding Officer but not issued to the voters;

(d)      the un issued ballot-papers;

(e)      the ballot-papers cancelled for violation of voting procedure;

(f)       any other cancelled ballot-papers;

(g)      the cover containing the tendered ballot-papers and the tendered votes list;

(h)     the list of challenged votes;

(i)       account of ballot-papers;

(j)       the ballot-papers counted as valid; and

(k)      any other packet which may be prescribed by the [State Election Commis?sioner, Haryana][75] for use at a polling station.

(2)     The Presiding Officer shall allow a candidate or his agent, who may so desire, to affix his seal on each or any of the said packets.????

Rule 66. Custody of election papers.--

(1)     The Deputy Commissioner shall retain the packets forwarded to him under the provisions of rule 65 in his custody until the expiry of one year from the date of election and shall then, subject Ito any direction to the contrary made' by the [State Election Commissioner, Haryana][76] or a competent court or a person or per sons appointed to hold an enquiry into an election under Part V of these rules, cause them to be destroyed.

(2)     A candidate may apply to the Deputy Commissioner for inspection or supply of certified copies of any document relating to an election other than ballot-papers, counter-foils of the used ballot-papers and the marked copy of the roll referred to in rule 65, on payment of a fee at the same rate as is charged in the State for the inspec?tion of a document forming part of a record of a case dealt with by a Revenue Officer or for supply of a copy of an order by a Revenue Officer, as the case may be, and such copies shall be supplied in accordance with the procedure to be followed for a similar application in respect of a case dealt with by a ,Revenue Officer.????

Rule [67. Filling of casual vacancies.--

Election to fill a vacancy shall be conducted and completed within [six months][77] from the date of occurrence of the vacancy in the manner prescribed in these rules for a general election and the programme of the elec?tion shall be framed as soon as may be convenient and the electoral roll in force under the provisions of rule 11 or 12, as the case may be, shall be deemed to be the roll for the purpose of holding the election.][78] ?????

Rule 68. Appointment of Officers to perform functions of Deputy Commissioner.-?

If on a count of illness, absence from headquarters or any other reason the Deputy Commissioner is unable to perform any of his functions under these rules, he may by order in writing appoint any Assistant Commissioner or Extra Assistant Commis?sioner to perform such functions on his behalf.????

Rule 69. Final authority for interpretation of these rules.--

If any question arises re?garding the interpretation of these rules, otherwise than in connection with an election petition which has actually been presented, it shall be referred by the person interested or the official concerned to the Deputy Commissioner who, if he thinks fit, may refer it through the Director, Local Bodies to the State Government whose de?cision shall be final.????

Part IV

Rule 70. Oath of allegiance and election of President etc.--

(1) ??The Deputy Commissioner or any petted officer appointed by him in this behalf shall, within a period of [Thirty days][79] of the publication of the notification of the names of the members elected to a committee convene the first meeting of the newly constituted committee at forty-eight hours notice to be delivered at their ordinary place of residence. The notice shall clearly stated that the oath of allegiance will be administered to the mem?bers present, and that the election of President and Vice-President [-][80] shall be held in the meeting. The convener shall administer the oaths to the members and shall pre?side over the meeting till the election of the President and the Vice- President. Such meeting shall be deemed to be a validly convened meeting of the committee. Not?withstanding anything contained in any bye-laws, made under the provisions of section 31 of the Act, the administration of the oath of allegiance and the election of the President and Vice-President shall be recorded as part of the proceedings in the minutes of the meeting.

(2) ??The oath of allegiance shall be administered to a member who was not present at the meeting convened under sub-rule (1) or to a member elected or nominated to fill a casual vacancy subsequently by the Chairman of the meeting at which such member appears to take such oath.

[(3) ?The terms of office of the President shall be for five years or the residue of the term of his office as a member whichever q less. The President shall be elected from amongst the members of the Committee.][81]

[82] [(4) The offices of the presidents in the municipalities shall be filled up from amongst the members belonging to the general category, Scheduled Castes, Back?ward Classes and women by rotation which will be determined in the manner as detailed below :

Provided that the number of offices of the president reserved for the Scheduled Castes and [Backward Classes A][83] in the State shall bear as may be the same pro?portion to the total number of such offices of the municipalities as the popu?lation of the Scheduled Castes and [Backward Classes A][84] in the State bears to the total population of the State:

Provided further that not less than one third of the total number of offices of the president in the municipalities shall be reserved for women including the of?fices reserved for Scheduled Castes and [Backward Classes A][85] women. The res?ervation of offices for women shall rotate to different municipalities which will be determined by draw of lots, by a committee consisting of the [State Election Commissioner, Haryana][86] and Deputy Commissioners of the dis?tricts concerned or their nominee. If women of the reserved category are not available, then the office of the president shall be filled up from the male member of the said reserved category. [In case a woman of the reserved category is elected subsequently, then the office of the President shall be deemed to have been vacated and the elected woman shill be elected as President in accord?ance with the provisions of these rules.] :

Provided further that the number of offices of the president for Scheduled Castes and [Backward Classes A][87] shall be determined on basis of their population and shall rotate to different municipalities firstly, having largest population of Scheduled Castes, secondly, from the remaining municipalities having largest population of [Backward Classes A][88] and they rotate in the subsequent terms of of?fices of the municipalities having their next largest population and so on. In case percentage of population of two Municipal Committees or Municipal Councils as regard [Backward Classes A][89] and Scheduled Castes is the same the reservation will be determined by draw of lots to be conducted by a committee consisting of [State Election Commissioner, Haryana][90] and Deputy Commis?sioner of district concerned or his nominee :

Provided further that in case of office of the Municipal Council reserved for the Backward 'Classes, the President shall be elected from amongst the members belonging to the [Backward Classes A][91] and in case of Municipal Committee, the member of Backward Class shall be deemed to be elected as president of the committee reserved for the [Backward Classes A][92].

Rule [70A. Reservation of office of President.-
 

The offices of the President in the municipalities shall be filled through direct election by the electors from amongst the persons belonging to the General Category, Scheduled Castes, Backward Classes A and women by rotation, which shall be determined as under-
 

(a)   the number of offices of President reserved for Scheduled Castes in the State shall bear, as nearly as may be the same proportion to the total number of such offices of the municipalities as the population of Scheduled Castes in the State bears to the total population of the State, which shall be determined on the basis of having largest percentage of population to the total population of such municipalities and shall rotate in the subsequent terms of offices of the municipalities having their next largest population and so on:
 

Provided that in case percentage of population of two municipalities as regards Scheduled Castes is the same, the reservation shall be determined by draw of lots to be conducted by a Committee referred under clause (b);
 

(b)   eight percent of the total number of offices of President in the State shall be reserved for the Backward Classes A and rounded off to the next higher integer in case the decimal value is 0.5 or more; and such offices shall be allotted by draw of lots by a committee consisting of Director, Urban Local Bodies Department and Deputy Commissioner of district concerned or their nominee among the highest three times of the number of municipalities proposed for reservation of Backward Classes A which are having the largest percentage population of Backward Classes A after excluding those municipalities already reserved for Scheduled Castes and also by rotation in the subsequent elections:
 

Provided that where the number of offices of President in the State so reserved for Backward Classes A under this clause added to the number of offices of President reserved for the Scheduled Castes in the State exceeds fifty per centum of the total number of offices of President in the State, then the number of offices of President reserved for the Backward Classes A shall be restricted to such largest number that shall lead to the total of the offices of President reserved for the Backward Classes A and Scheduled Castes not exceeding fifty per centum of the total offices of President in the State.
 

Explanation.- (1) For the purposes of reservation of Backward Classes A under this clause, the population of the municipal area and the population of Backward Classes A in that municipality shall be such as drawn from the Family Information Data Repository established under the provisions of the Haryana Parivar Pehchan Act, 2021 (20 of 2021) on such date, as may be notified by the Government.
 

Explanation.- (2) For the purposes of fifty per centum under the clause, fifty per centum of the total seats in the State shall be taken as one-half of the total seats of the State rounded up to the next higher integer where the decimal value is 0.5 or more or rounded down to the next lower integer where the decimal value is less than 0.5.
 

(c)       not less than one-third of the total number of offices of the Presidents in the municipalities shall be reserved for women including the offices reserved for Scheduled Castes and Backward Classes A women. The reservation of offices for women shall rotate to different municipalities, which shall be determined by draw of lots by the committee constituted under clause (b).".][93]

Rule 71. Ballot to be taken and result thereof.--

[(1) ?If only one candidate each for the offices of the President or Vice-President is proposed, such candidate shall be de?clared to have been duly elected. If the number of proposed candidates is more than one for each office, the voting shall be by ballot. The members present shall be re?quired to vote by writing "Yes", or "No" on the ballot paper. The candidate getting the maximum number of votes shall be declared to have been elected. Special bal?lot-paper shall be used for such voting 2 each bearing an official mark to be placed thereon by the Deputy Commissioner.][94]

(2) ??[Omitted][95]

(3) ??All ballot papers used for such voting shall, immediately after the counting of votes has been completed, be enclosed in the stout envelope members present thereat and the description of the election to which the ballot papers relate shall be inscribed thereon and such envelope shall be enclosed in another large envelope which shall be addressed, and delivered to the Deputy Commissioner. The Deputy Commissioner shall preserve the inner envelope intact until the expiry of the one year from the date of the election, and shall then,. subject to any direction to the contrary made by the State Government, a competent court, or a person or persons appointed to hold an en?quiry into an election under Part V of these rules cause it be destroyed with its contents.

(4) ??[Omitted][96] ?????

Rule 72. Procedure in case of the equality of votes.--

If two or more candidates obtain an equal number of votes, the President of the meeting shall decide between the can?didates by drawing lots in the presence of the members attending the meeting and the candidate on whom the lot falls shall be deemed to have been elected.????

[Rule 72-A.--No confidence motion against president or vice-president.--

(1)     A mo?tion of no confidence against the president of a committee may be made through a requisition given in writing addressed to the Deputy Commissioner, signed by not less than one third of the total number of the members of committee:

Provided that the members who have made such a motion may withdraw the same before the meeting is convened for the purpose.

Explanation.--Any fraction under this rule shall be taken as a whole.

(2)     The Deputy Commissioner or such other officer not below the rank of an Extra Assistant Commissioner, as the Deputy Commissioner may authorise, shall circulate to each member a copy of the requisition for the use of the members.

(3)     The Deputy Commissioner or such other officer not below the rank of Extra As?sistant Commissioner, as the Deputy Commissioner may authorise, shall convene a special meeting by giving a notice of not less than fifteen days for the consideration of the motion referred to in sub-rule (1), and shall preside over at such meetings:

Provided that no such meeting for the purpose shall be convened unless a period of six months has elapsed since the date of last meeting convened for this pur?pose.

(4)     If the motion is carried out with the support of not less than two-third of the members of the committee, the President or vice-president, as the case maybe, shall be deemed to have vacated his office.????

Rule 72-B Fresh election.--

If the office of the president or vice-president is vacated during his tenure on account of no confident motion, a fresh election for the remainder of the period shall be held in accordance with the provisions contained in this Part:

Provided that if the office of President is vacated during his tenure on account of no confidence motion, a fresh election shall be held from the same category.]????[97]

Rule [73. Corrupt practices.--

The following shall be deemed to be corrupt practices for the purpose of these rules.][98]

(1)     'Bribery', that is to say

(A) ??Any gift, offer to promise by a candidate or his agent or by any other person with the convenience of a candidate or his agent, of any gratification to any person whomsoever, with the object directly or indirectly, of inducing

(a) ???a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election ; or

(b) ??an elector to vote or refrain from voting at an election, or as a reward to

(c) ???a person for having stood, or not stood, or for having withdrawn or not having withdrawn his candidature; or

(d) ??an elector for having voted or refrained from voting;

(B) ??the receipt of, or agreement to receive, any gratification whether as a motive or a reward

(a) ???by a person for standing or standing as, or for withdrawing or not withdrawing from being a candidate; or

(b) ??by any person whomsoever for himself or any other person for voting or re?fraining from voting or for inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature.

Explanation.--For the purposes of this clause the term "gratification" is not re?stricted to pecuniary gratification or gratifications estimable in money and it includes all forms or employment for reward, but it does include the payment of any expenses bonafide incurred at or for the purpose, of any election;

(2)     'Undue influence', that is to say, any direct or indirect interference or attempt to interfere on the part of candidate or his agent, or of any other person with the conniv?ance of the candidate or his agent, with free exercise of any electoral right:

Provided that

(a) ??without prejudice to the generality of the provisions of this clause any such per?son as is referred to therein who

(i) ???threatens any candidate, or any elector or any person in whom a candi?date or any elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or com?munity; or

(ii) ???induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested will become or will be rendered, an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;

(b) ??a declaration of public policy, or a promise of public action, or the mere exer?cise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause;

(3)     the appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting on grounds of caste, race, community, religion or language or the use of or appeal to religious and notional sym?bols, such as, the national flag and the national emblems, for the furtherance of the prospects of a candidate's election or for prejudicially affecting the election of any candidate.

[Explanations 1 and 2.--[-][99]

(4)     the promotion of or attempt to promote, feelings of enmity or hatred between different classes of the residents of the committee on ground of religion, race, caste, community, or language by a candidate or his agent or any other person with the con?sent of a candidate or his election agent for the furtherance of the election of that candidate or for prejudicially affecting the election of any candidate;

(5)     the procuring or abetting or attempting to procure by a candidate or his agent, or any other person with the connivance or a candidate or his agent, a ballot paper in the name of any other person, whether living or dead or in a fictitious name; or by person for a ballot paper in his own name when by reason for the fact that he has, al?ready voted in the same or some other constituency he is not entitled to vote;

(6)     the publication by a candidate or his agent, or by any other person with the con?nivance or the candidate, or his agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature or withdrawal of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate's election;

(7)     the removal of a ballot-paper from the polling station during polling hours by a candidate or his agent, or by any other person with the connivance of a candidate or his agent, or by any other person with the connivance of a candidate or his agent;

(8)     the hiring or procuring, whether on payment or otherwise, of any vehicle or ves?sel by a candidate or his agent or by any other person with the connivance of a candidate or his agent for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station:

Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or from any such polling station or place fixed for the poll shall not be deemed to be a cor?rupt practice under the clause if the vehicle or vessel so hired is vehicle or ves?sel not propelled by a mechanical power:

Provided further that the use of any public transport vehicle or vessel or any tram car or railway carriage by any elector at his own cost for the pur?pose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.

Explanation.--In this clause, the expression "vehicle" means any vehicle used or ca?pable of being used for the purpose of road transport, whether propelled by a mechanical power or otherwise, and whether use for drawing other vehicles or oth?erwise;

(9)     ?[the obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or by any other person with the consent of a candidate or his agent, any assistance other than the giving of vote for furtherance of the prospects of that candidates election, from any person in the service of the Government other than village Revenue Officers known as Lambardar whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any policy functions.

Explanation.--A person serving under the Government of the State of Haryana shall include a Patwari, a Chowkidars, or any other village officer employed in the State, whether the office he holds is a whole time office or not but shall not include any per?son (*other than any such village officers as aforesaid) who has been declared by the State Government to be a person to whom the provisions of this clause shall not ap?ply;

(10)   any act specified in clauses (1) to (9) above, when done by a person who is not a candidate or his agent or a person acting with the connivance of a candidate or his agent:

[Explanation. -"Candidate" means a person who has been nominated as a candidate at the election and includes a personal, who when an election is in contemplation, holds himself out as a prospective candidate there at and is subsequently nominated as a candidate at such election.][100]

(11)   Convening, holding or attending any public meeting in any polling area during the period of forty-eight hours ending with the hours fixed for the conclusion of the poll for any election in that polling area.????

Rule 74. Election not to be questioned except by petition.--

No election shall be called in question except by an election petition presented in accordance with these rules.????

Rule 75. Election petition.--

[(1) An election petition against the return of a candidate to an election or against the return of a President or Vice- President or again unsuccessful candidate with a view to his disqualifications under [section 272][101] on the ground of corrupt practices or material irregularity in the procedure shall be in writ?ing, signed by a person who was a candidate at such election or an elector, shall be presented to the Tribunal within thirty days after the day on which the result of the election is declared by the Returning Officer.][102]

Provided that the time limit of fourteen days may be extended by the Deputy Commissioner [by the period not exceeding thirty days][103] if there are in his opinion sufficient grounds for such extension.

(2) ??The petitioner shall enclose with the petition copies of the petition and of its en?closures equal to the number of respondents.

Explanation.--For the purposes of this rule in a constituency in which a candidate is deemed to be elected under the provisions of rule 31 the day on which the list of contesting candidates is posted under the provisions of sub-rule (1) of rule 30 shall be deemed to be the day on which the result of the election was declared.

Rule 76. Contents of petition.--

(1)     The petition shall contain a statement in concise form of the material fact on which the petitioner relies and shall where necessary, di?vided into paragraph numbered consecutively, and shall be signed by petitioner and verified in the manner prescribed for the verification of pleadings in the Code of Civil Procedure, 1908 (5 of 1908).

(2)     The petition shall be accompanied by a list signed and certified in the like man?ner setting forth full particulars of any corrupt practice which the petitioner alleges, including as full a statement as possible as to the names of the parties alleged to have committed any corrupt practice and the date and place of the commission of each such practice.

[Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit sworn before a Magistrate of the first class or a Notary or a Commissioner of Oaths and shall be in form 9.][104]

(3)     The [Tribunal][105] may upon such terms as to cost and otherwise as it may direct at any time allow the particulars included in the said list to be amended or order such further and better particular in regard to any matter referred to therein to be furnished as may, in its opinion be necessary for the purpose of ensuring fair and effectual trial of the petition:

Provided that particulars as to any additional corrupt practice not contained in the said list shall not be added by means of any such amendment.][106] .????

Rule 77. Deposit to be made when petition is presented and return of deposit.--

(1)     Every election petition shall be accompanied by a receipt from the Government treas?ury for two hundred and fifty rupees or Government Promissory Notes of equal value at the market rate of the day as security for all costs that may become payable by him or them.

(2)     If a petitioner, by whom the deposit referred to in sub-rule (1) has been made, withdraws his execution petition as provided in rule 82 and in any other case after final orders have been passed on the election petition the deposit shall, after deducting such amount as may be ordered to be paid as costs, charges and expenses be returned to the petitioner by whom it was made; and if such petitioner dies during the course of the enquiry into the election petition, any such deposit, made by him, shall after the amount of such costs as may be ordered to be paid have been deducted, be returned to his legal representative.

(3)     All applications for the refund of a deposit shall be made to the [Tribunal][107] who shall pass orders thereon in accordance with these rules.????

Rule 78.[Omitted][108] ?????

Rule 79. Petition to be dismissed for non-compliance with rules.--

If any of the pro?visions of sub-rule (1) of rule 75 or sub-rule (1) of rule 77 have not been complied with, the [Tribunal][109] shall pass an order, dismissing the election petition and such or?ders shall be final.????

Rule [80. Appointment of Tribunal.--

(1)     The State Government shall appoint a Tribunal under section 265 to hold an enquiry in accordance with the provisions of Chapter XIV of the Act and these rules.][110]

(2)     In the case of a one man [Tribunal][111], the appointment shall be made from amongst

(a)      Subordinate Judges of the 1st Class belonging to the State Judicial Service; or

(b)      the persons who may have retired from the State Judicial Service as a District Judge.

(3)     In the case of multi-member [Tribunal][112] at least one member shall be appointed from amongst the category of persons mentioned in sub-rule (2) and the remaining members of the [Tribunal][113]may be appointed from amongst advocates duly enrolled as such under the Advocates Act, 1961, who may have served at the bar of the State High Court for a minimum period of ten years.

The member appointed under sub-rule (2) shall be designated as the Chairman of the [Tribunal][114].

(4)     The remunerations and terms of appointment of members other than those who are serving members of the State Judicial Service shall be such as may be specified by the Government.

(5)     The State Government may appoint a person by name or by office to be a [Tribunal][115] , and if a person is appointed by virtue of his office the person for the time being holding the office shall be the [Tribunal][116] unless the State Government other?wise directs.

(6)     If a vacancy occurs in a [Tribunal][117] by reason of a death, resignation or any other causes, the State Government make a fresh appointment.

(7)     If on the application of any party to an election petition the State Government is satisfied that there are reasonable grounds for the transfer of case from the [Tribunal][118] appointed to hear such an election petition it may appoint a fresh [Tribunal][119] as provided here to fore.

(8)     A change of incumbency in the [Tribunal][120]whether by reasons of death, transfer, resignation or any other reason shall not invalidate any previous or subsequent proceedings in any matter pending before it, nor shall it be necessary for a [Tribunal][121] on account of such change to recommence any enquiry into any matter pending before it for disposal.][122] "????

Rule 81. Place and procedure of enquiry.--

(1) ??The enquiry shall be held in a place to which the public have free access and notice of the time and place of enquiry, shall be given to the parties not less than seven days before the first day of the enquiry.

(2) ??The place of enquiry shall be within the committee; provided that the [Tribunal][123] may on being satisfied that special circumstances exist rendering it desirable that the enquiry should be held elsewhere, appoint some other convenient place for the enquiry.

(3) ??Subject to the provisions of these rules every election petition shall be enquired into as nearly as may be in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits, provided that if the [Tribunal][124] consists of more than one person it shall only be necessary for it to make or cause to be made a-memorandum 9f the substance of the evidence of any witness and provided further that a [Tribunal][125] may dismiss an election petition for default.

[(4) ?The [Tribunal][126] shall cause to be served on each respondent a notice of the presentation of the petition, together with a copy of the petition, and shall summon each respondent and in his presence, or if he fails to be present in person or by counsel after summons has been duly served upon him, in his absence, shall make an enquiry, re?garding the corrupt practices or irregularities alleged to have been committed.][127] ?????

Rule 82. Withdrawal of petition.--

[(1) ?An election petition may be withdrawn only by leave of the Tribunal.][128]

(2) ??If there are more petitioners than one no application to withdraw a petition shall be made except with the written consent of all the petitioners.

[(3) ?No application for withdrawal shall be granted if in the opinion of the Tribunal such application has been inducted by any bargain or consideration which ought not be allowed.][129]

(4) ??When an application for withdrawal is made to the [Tribunal][130],

(a) ??a notice thereof fixing a date for the hearing of the application shall be given to all other parties to the, petition and shall be published by being posted at the office of the [Tribunal][131] , the Deputy Commissioner and the committee;

(b) ??any person who might himself have been a petitioner may, within fourteen days from the date of such publication, apply to be substituted as petitioner in place of the party withdrawing. Upon compliance with the conditions as to the se?curity under rule 77, shall be entitled to be so substituted and to continue the proceedings upon such terms as [-][132] the [Tribunal][133] may think fit;

(c)?? ?the petitioner shall be ordered to pay the costs of the respondent theretofore in?curred or such portion thereof as the [Tribunal]15 may think fit.

(5) ???When an election petition is allowed by the Tribunal to be withdrawn the file of the proceedings shall be forwarded to the State Government for information.????

Rule 83. Abatement or substitution on death of petitioner.--

(1)     An election petition shall abate only on the death of a sole petitioner or of the survivor of several petition?ers.

(2)     Notice of the abatement of an election petition} shall be published by the [Tribunal][134] or, if the petition abates before any Tribunal[135] has been appointed, by the State Government by being posted at the office of Deputy Commissioner and at the mu?nicipal office.

(3)     Any person who might himself have been petitioner, may, within fourteen days from the date of such publication, apply to be substituted as petitioner, and, upon compliance with the conditions as to security under rule 77 shall be entitled to be so substituted and to continue the proceedings upon such terms as the State Government or the commission, as the case may be, may think fit.????

Rule 84. Abatement or substitution on death of respondent.--

If before the conclusion of the trial of an election petition the respondent dies or gives notice that he does not intend to oppose the petition the [Tribunal][136] shall cause notice of such event to be published by being posted at the office of the Tribunal , the Deputy Commissioner and the committee, and thereupon any person who might have been a petitioner may, within fourteen days from the date of such publication, apply to be substituted for such respondent to oppose the petition and shall be entitled to continue the proceed?ings upon such terms as the Tribunal may think fit.????

Rule [85. Grounds for declaring election to be void.--

(1)     Subject to the provisions of sub-rule (2), if the [Tribunal][137] is of opinion,-

(a)      that on the date of his election a returned candidate was not qualified, or was disqualified to be chosen to fill the seat under the Act or the rules made there?under;

(b)      that any corrupt practice specified in clauses (1), (2), (5) or (6) of rule 73, has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or

(c)      that any nomination has been improperly rejected; or

(d)      that the result of the election, in so far as it concerns a returned candidate, has been materially affected

(i) ???by the improper acceptance of any nomination; or

(ii) ???by any corrupt practice committed in the interests of the returned can?didate by an agent; or

(iii)? ?by the improper reception, refusal or rejection of any vote or reception of any vote which is void; or

(iv) ??by any material irregularity in the procedure of the election, the [Tribunal][138] shall declare the election of the returned candidate to be void.

Explanation.--"Material irregularity in the procedure of any election" includes any improper acceptance or refusal of any nomination or improper reception or refusal of a vote or reception of any vote which is void for non-compliance with the provision of the Act or of the rules made thereunder or any mistake in the use of any form an?nexed thereto which materially affect the result of an election.

(2)     If in the opinion of the [Tribunal][139], a retuned candidate has been guilty by an agent, of any corrupt practice but the Tribunal[140] is satisfied

(a)      that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders and without the consent of the candidate;

(b)      that the candidate and his agent took all reasonable means for preventing the commission of corrupt practices at the elections; and

(c)      that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agent, then the [Tribunal][141] may decide that the election of the returned candidate is not void.][142] ?????

Rule [86. Grounds for which candidate other than the returned candidate may be declared to be elected.--

(1)     If any person who has lodged a petition has in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the [Tribunal][143] is of opinion that

(a)      in fact the petitioner or such other candidate received a majority of the valid votes; or

(b)      that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes.

The [Tribunal][144] shall after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

(2)     If during the trial of an election petition, it appears that there is an quality of votes between any candidates at the election and that the addition of a vote would en?title any of those candidates to be declared elected, then

(a)      any decision made by the Returning Officer under clause (b) of rule 62 shall, in so far as it determines the question between those candidates be effective also for the purpose of the petition; and

(b)      in so far as that question is not determined by such a decision, the [Tribunal[145] shall decide between them by lot and proceed as if the one on whom the lot then falls has received an additional vote.][146] ?????

Rule 87. Finding as to corrupt practice and persons guilty.--

No person shall be named in terms of sub-clause (ii) of clause (a) of sub-section (2) of section 272 as having been found guilty of any corrupt practice, unless he had been given a reasonable op?portunity of showing cause, why he should be so named, during the trial of the election petition:

Provided that no person shall be named in the report unless he has been given a reasonable Opportunity of showing cause why his name should not be so re?corded.][147] ?????

Rule [88. Communication and transmission of the orders of the Tribunal.--

The [Tribunal][148] shall, as soon as may be, after the conclusion of trial of an election petition, intimate the substance of the decision to the Deputy Tribunal[149] er of the district concerned and to the Government and as soon as may thereafter, send to the said authorities an authenticated copy of the decision.][150] ?????

Rule 89.[Omitted.][151] ?????

Rule 90. Power of government to order an enquiry.--

The [State Election Commissioner, Haryana][152] may of its own motion direct an enquiry to be held into the conduct of any election if there is reason to suspect that a corrupt practice or material irregu?larity has been committed and the case shall be dealt with so far as may be in the manner prescribed in these rules.????

Rule [91. Fresh election to be held if an election is declared void.--

When the election of a candidate is declared void by the [153] [Tribunal] [-][154] fresh election shall be held to fill the vacancy so caused and the procedure laid down in these rules shall apply to such fresh election.][155] ?????

Rule 92. Custody of record on election enquiry.--

After election petition has been dis?posed of, the [Tribunal][156] shall forward all papers relating thereto to the District Judge within whose jurisdiction the [Tribunal][157] was situate.][158]????

Rule 93. Repeal.--

The Municipal Election Rules, 1952, in its application to the State of Haryana are hereby repealed