In exercise of the powers conferred by section 6 of
the Jammu and Kashmir Lambardari Act, 1972 (X of 1972), and in
supersession of the rules sanctioned under Order No. 230-C of 1948, the Government hereby
make the following rules, namely:- (1) These rules may be
called the Jammu and Kashmir Lambardari Rules, 1980. (2) They shall come into
force on the date of their publication in the Government Gazette. In
these rules, unless there is anything repugnant to the context; (a) 'Act' means the Jammu
and Kashmir Lambardari Act, 1972; (b) 'Form' means a form
appended to these rules; (c) 'Section' means a
section of the Act; (d) 'Constituency' means
the limits of an estate or group of estates or sub-Divisions of any estate
constituted for the purpose of election or appointment of a Lambardar; (e) all words used but
not defined in these rules shall have the meanings assigned to them in the
Jammu and Kashmir Lambardari Act, 1972. A
person shall not be qualified to be elected or appointed as Lambardar, if he:- (i) is under 30 years of
age; (ii) is not registered as
an elector for the constituency in which he is appointed; (iii) is not a permanent
resident of that constituency; (iv) is an employee of the
Government or local body; (v) is of unsound mind; (vi) is an undischarged
insolvent; (vii) is a person who has
been convicted of any offence or subjected by a criminal court to any such order
as implies a defect of character involving moral turpitude and is serving a
sentence of imprisonment for a criminal offence or under detention for failure
to furnish security for keeping the peace or for good behavior; (viii) is of a bad character
involving moral turpitude; (ix) is in arrears in the
payment of any dues to the Government; (x) is not able to read
and write urdu; and (xi) is not tilling land. No
person shall be appointed as Lambardar unless he furnishes a substantial
personal security or that of one surety of immovable property of the value
exceeding the land revenue with cesses of such constituency to which he is
appointed as Lambardar. A
Lambardar processing recovery of various dues shall be entitled to receive
remuneration at the rate of Rs. 81/- per month: Provided
that the remunerations shall be payable to a Lambardar whether the recovery
made by him is equal to the remunerations or not][1] A
Lambardar shall- (i) make collection of
land revenue, arrears of land revenue, cesses or other sums recoverable as
arrears of land revenue under any law; (ii) make collection of
produce of the land belonging to the Government within the constituency; (iii) acknowledge every
payment against receipt; (iv) report to the
Tehsildar about the death of any assignee of land revenue or Government
pensioner residing in the constituency; (v) report to the
concerned authority about the marriage or re-marriage of any person drawing
family pension and his absence for more than a year within the constituency; (vi) report to the
Tehsildar about all encroachments on common lands including roads, grazing
ground or Government lands and damage to Government Property, such as, Electric
Transmission Lines etc; (vii) carry out to the best
of his ability about a lawful order that he may receive from a revenue officer; (viii) assist in such manner
as the Revenue Officer, may from time to time, direct in crop inspections,
mutation proceedings, survey, preparation of records or other revenue
Department business within the limits of constituency; (ix) attend the summons of
all authorities, having jurisdiction in the constituency, and assist them in
the discharge of the public duties; (x) supply to the best of
his ability about any local information which may be required by an authority
and generally act for the inhabitants of the constituency in their dealings
with the Government; (xi) report the local
Revenue Officer as well as to the nearest Police and Medical Officer about
out-break of any disease among human beings and animals; (xii) report about any
breach or break-down in the Irrigation system within his jurisdiction; and (xiii) report to the
tehsildar or any concerned officer about any extra-ordinary event of public
importance: Provided
that where Lambardar concerned is not in a position to recover sums mentioned
in clause (i) the patwari concerned shall assist him or make recovery thereof: Provided
further the patwari concerned shall help to the Lambardar in recovering the
sums mentioned in clause (i) wherever it is necessary. (1) A Lambardar shall
till the 10th day of each calendar month deposit or cause to be deposited all
sums recovered by him during the preceding month in the Treasury of the
concerned Tehsil after deducting the amount due to him as remuneration. (2) Where the amount
calculated at the rate of 5% of the sums recovered is less than Rs. 100/- the
Tehsildar concerned shall after these are deposited by the Lambardar in the
Treasury, make payment to him of such amount as would be needed to make good
the deficiency as provided for in rule 5. (3) At the close of each
financial year a Lambardar shall, within a period of three months, reconcile
the statement of collections, remittances and balances with the Tehsil
Accountant (Wasil Baqinawis). (4) The
Tehsildar-in-charge of a Tehsil shall record a certificate on the statement to
the effect that the accounts maintained by the Lambardar in respect of the
constituency in which he holds office, have been reconciled If
a Lambardar fails to deposit any dues recovered by him into the Government
Treasury during next month he shall be placed under suspension by the Tehsildar
of the Tehsil concerned. (1) A Lambardar shall be
dismissed by the Collector if- (a) he incurs any of the
disqualifications mentioned in rule 3; (b) he mortgages his
holding or a part thereof, as the case may be; (c) he fails to render
assistance to a public servant in the discharge of his duties within his
constituency; (d) he is unfit to
discharge his duties owing to physical or mental incapacity or remains absent
from his place of residence consecutively for a period of six months; (e) he takes part in any
agitation against the Government or fails to give active support to the
Government functionary; (f) his holding is
attached on account of arrears of land revenue or for any other sum recoverable
from him. (2) All vacancies caused
due to dismissal of a Lambardar shall be referred to the Collector for being
filled up in accordance with these rules. Where
a Lambardar contravened any of the provisions of these rules or neglects to
perform the duties imposed upon him by these rules or any other law for the
time being in force, the Collector may by order direct- (a) that the remuneration
to which he is entitled be with-held or forfeited to the Government for a
period not exceeding one year; or (b) that he shall be
placed under suspension for a period not exceeding one year. (1) The Tehsildar may
appoint a substitute in place of the Lambardar placed under suspension under
rule 8 or 10, as the case may be. (2) In case a Lambardar
remains, with the permission of the Tehsildar, absent by reason of sickness or
any other reason for a period exceeding six months or is unable to perform the
duties imposed upon him under these rules, a substitute may be appointed in his
place. (3) A substitute
(Lambardar) appointed under the above sub-rules shall be entitled to the
remuneration payable or the amounts to be recovered by him during the period of
suspension of a Lambardar and perform all duties mentioned in rule 6. (1) In making
appointments of substitutes election shall not be resorted to, but the substitute
shall possess all the qualifications and shall not suffer from any disabilities
that apply to the election of the Lambardar. (2) A substitute may be
removed at any time by appointing authority either on his own or for any other
reason which will justify his removal. Orders
passed under Rules 8, 9, 10, 11 and 12 shall be subject to review, appeal or
revision in connection with procedure prescribed in that behalf in the Jammu
and Kashmir Land Revenue Act, 1996 and the Rules made there under. (1) A general election of
Lambardar shall be held in accordance with these rules, within such time and
within such areas as may be prescribed by the Revenue Minister by a
Notification in the Government Gazette. (2) Till a general
election is held the existing Lambardars appointed against permanent posts
shall continue. The vacancies, if any, may be filled by nomination. (3) Where a vacancy is
ordered to be filled by election, such election shall take place in accordance
with these rules and the Revenue Minister may, in respect of the vacancy so
filled by selection, order, that no fresh election shall take place till the
next election or till the constituency again falls vacant. (4) Subject to the
provisions of sub rule (2) where the vacancy is not filled by election, the
appointment to a vacant post of Lambardar shall be made by the Revenue Officer
not below the rank of Tehsildar subject to confirmation by the Collector: Provided
that the appointee, shall possess all the qualifications prescribed in this
behalf and shall not suffer from any disabilities that apply to the election of
the Lambardar. The
limits of an estate, sub-division of any estate or group of estates as may be
constituted under the provisions of rule 3 shall form the constituency for
election of the office of Lambardar. (1) The term of office
for which Lambardar shall be elected shall not ordinarily exceed five years. (2) An outgoing Lambardar
shall, unless the Government otherwise direct, continue in office until the
election of his successor is announced. (3) An outgoing member
may, if otherwise qualified, be re-elected. (4) When as a result of
any enquiry held under these rules an order declaring the election of any
Lambardar void has been announced, such Lambardar shall forthwith cease to hold
his office. (5) When a Lambardar is
appointed otherwise than by election he shall continue till he dies or is
dismissed/ discharged or till the general election of Lambardars is held. (1) Whenever a vacancy
occurs due to death, resignation, removal or by vacation of his seat under the
provisions of sub-clause (4) of rule 16, a new Lambardar shall be elected in
accordance with these rules; provided that the Divisional Commissioner may
direct in any such case that the vacancy shall be left unfilled or when a
vacancy occurs not more than six months before the next general elections are
due, may fill such a vacancy by nomination of a Person who is otherwise
qualified for appointment as a Lambardar. (2) Every person elected
against a casual vacancy shall hold his appointment for the time and subject to
the condition upon which it was tenable by the person in whose place he has
been selected, and no longer but he may, if otherwise qualified be re-elected. The
Returning officers for the various constituencies shall be the local Tehsildars
who shall be responsible for the preparation of Electoral Rolls and the holding
of elections. The Revenue Minister may, however, appoint any other officer by
name or by virtue of his office to function as a Returning Officer for the
purposes of these Rules. For
the purpose of preparing the Electoral Rolls and for holding elections, each
Tehsil shall be divided in such polling areas as may be fixed by the Tehsildar
and the electors residing in each such polling area shall cast their votes at
the polling station that may be fixed for this purpose. Every
Tehsildar shall post a notice at the Tehsil office showing the names of
villages included in each polling area and shall direct all Patwaris to give
wide publicity to such notice within their patwar circles. No
person shall be entitled to be registered as an elector on the Electoral Rolls
of a constituency who- (a) is not a permanent
resident of the State; or (b) has not attained the
age of 21 years on the first day of April of the year in which the general
elections are held; or (c) has been adjudged by
a competent Court to be of unsound mind; or (d) does not reside
within the constituency. Explanation
- For the purpose of this rule and rule 3, a person may be presumed to reside
in a constituency if he owns a family dwelling-house or a share in a family
dwelling-house in the constituency and that house has not during the twelve
months preceding the date of the notification referred to in rule 14 been let
on rent. No
person shall be entitled to vote at any election if on the date on which the
poll is taken he is undergoing a sentence of imprisonment. There
shall be a separate Electoral Roll for each constituency and no person who is
not for the time being included in the Electoral Roll for any constituency
shall be entitled to vote in that constituency. (1) A new Electoral Roll
shall be prepared before each general election and it shall remain in force for
five years from the date of that general election. (2) Any bye-election for
filling up a casual vacancy shall be conducted on the basis of the Electoral
Roll in force for the time being. (3) The Electoral Roll
for the constituencies may from time to time in whole or in part be revised and
kept up-to- date as may be directed in each case by the Divisional
Commissioner. (1) The Tehsildars will
be called to function as Electoral Registrars for preparing the new Electoral
Roll and for disposing of all claims and objections relating thereto. The
Collector may appoint additional officers from amongst the Returning Officers
appointed under rule 18 to work as Electoral Registrars, if need be. They shall
prepare for the area for which they are responsible a provisional roll in
separate parts, one part for each polling area, of all persons who are
qualified to be registered as electors. (2) Each provisional roll
shall contain the following heads:-I. village or ward, II. serial number
of elector, III. name of elector, IV. father's name, V. residence,
and VI. qualifications. (3) The names of all
qualified voters shall be shown separately for each village or ward and shall
be serially numbered. (1) The Electoral
Registrar shall on or before the date fixed by the Divisional Commissioner
forward a duly checked copy of the Provisional Roll to the Collector who may
cause the roil to be printed and supply copies to the Electoral Registrar, or
otherwise the Electoral Registrar shall himself make out as many copies of the
rolls as may be required. (2) The Electoral
Registrars shall cause a copy of the Provisional Roll for each polling area, to
be posted at each Government Revenue office, Police Station or Chowki,
Government or Aided School and Panchayat office within the polling areas and
two copies of the roll for all polling areas within the Tehsil to be posted at
the Tehsil office. Such copies shall be posted at such a place and in such a
way as to enable members of the Public easily to inspect them, and shall remain
posted, as near as may be, from such date after the publication of the
Provisional Roll as the Collector may direct to the date on which the
Provisional Roll is replaced by the final Electoral Roll. The fact of Posting
of Rolls should be notified through the agency of the Town Area Committee or
Municipal Committee and Revenue Agency and by beat of drum. Any
Person who will-fully damages any copy of the roll which has been posted under
the foregoing rules shall on conviction before Magistrate be liable to fine
which may be not less than Rs. 100/- Copies
of the Provisional Roll may be purchased from the Electoral Registrar on
payment of 25 paise for each constituency. The
Electoral Registrar shall fix dates for the hearing of claims and objections
relating to the provisional Roll. He shall give notice of these dates to the
public by affixing a list of those dates on the notice board outside his office
and in such other manner as he shall consider effectual. On the dates fixed the
Electoral Registrar he shall sit from 10 A.M to 4 P.M at his office and shall
deal with the claims and objections. The work before the Electoral Registrar
shall be so arranged as to enable him effectually to dispose of the claims and
objections within one week of the commencement of the sitting. Within
one week of the date of the posting of publication of the Provisional Roll, as
directed by Rule 26 (2) any person who claims to be entitled to be registered
as an elector and who is not entered or is entered at incorrect place or with
incorrect particulars on the Provisional Roll may present a petition claiming
that his name be entered in the Electoral Roll of the constituency or an
entry relating to his name be corrected. The petition need not bear a court fee
stamp. The petition shall be signed by the petitioner or/and shall be in
duplicate, the second copy being available for posting at the office of the Electoral
Registrar. It shall contain the following particulars:- (i) Name of claimant; (ii) Father's or husband's
name; (iii) City and ward or Town
or village where claimant resides; (iv) Qualifications by
which he claims to be entitled; (v) The mistake, if any,
in the Electoral Roll. Within
one week of the date of polling or publication of the Provisional Rolls as
required by Rule 26 (2) any person whose name is entered in the Provisional
Roll may present a petition objecting to the entry of the name of any other
person as an elector of the same constituency. The petition shall bear a
court-fee stamp of Rs. 2/-. The petition shall be signed by the petitioner and
shall be in duplicate, one copy available for service on the person objected to
and one copy for posting at the office of the Electoral Registrar. It shall
contain the following particulars:- (1) Name, village or ward
and serial number of objector in the Provisional Roll; (2) Name village or ward
and serial number of person to whose entry objection is taken; (3) Grounds of objection. A
petition of claim or objection may be presented at the office of the Electoral
Registrar of the polling area to which the claim or objection relates by the
petitioner in person, or by agent authorised in writing or may be sent to him
by post. Claims
and objections received after the prescribed date shall be rejected. The
Electoral Registrar shall maintain a register for entry of claims in form
"A" and another register for entry of objections in form
"B" attached to these rules. All claims and objections received shall
be entered seriatim in these registers. The Electoral Registrar shall give
notice of the claims by affixation of the petition on a notice board outside
his office-building and by posting a list of such claims on the same board. As
regards objections, he shall serve a copy of each objection on the person the
entry of whose name on the Electoral Roll is objected to and shall post on the
aforesaid notice board a list of the objections containing the names of the
party objected to and of the party objecting. The
lists so posted and the copy of objections so served shall also mention the
date fixed for the hearing of the claim or the objection, as the case may be. The
Electoral Registrar may on his own motion and at any time between the posting
or publication of the provisional roll, as the case may be, and within two
weeks of the earliest date fixed by him for hearing claims and objections under
rule 29 make a claim for the entry of a name on the roll or an objection to an entry
and shall cause a copy of his objection and a notice of the date of hearing to
be served on the person to whom objection is taken and shall post at his office
a copy of the claim or objection and of the notice of hearing. On
the date appointed for hearing a party to a claim or objection may appear
personally or by an agent duly authorised by him in writing. At
the place and time fixed for the hearing of the claims and objections, the
Electoral Registrar shall call up the cases in the order in which they have
been registered and shall dismiss the claim of any person who is not present or
represented. The Electoral Registrar shall then proceed to hear the parties or
their authorised agents in such cases as have not been dismissed and shall
hear such evidence as may be produced and as he may think necessary and shall
record and declare his decision forthwith. If a person to the inclusion of
whose name in the Electoral Roll objection has been taken is not present
although due notice has been served on him, the Electoral Registrar shall, as
far as possible, decide the case on its merits. The Electoral Registrar shall
not adjourn the proceedings in a case once begun except for reasons to be
recorded in writing. The
orders made by the Electoral Registrar shall be subject to review by an officer
nominated for the purpose by the Government. After
disposing of each case the Electoral Registrar shall make the appropriate entry
or correction in his copy of the Provisional Roll clearly in red ink and affix
his initials and as soon as possible after the disposal of all cases, shall
forward his corrected copy of the Provisional Roll to the Collector. In cases
where changes have been made in the Provisional Roll, the serial number of
electors on the roll shall also be renumbered by the Electoral Registrar. The
Collector may take such action as may be necessary for the printing of the
final electoral roll and shall send copies of the rolls or parts of the roll to
the Returning Officers to be posted in substitution for the Provisional Roll at
such places where the Provisional Roll has been posted under sub-rule (2) of
rule 26 or otherwise the Electoral Registrar shall himself make out as many
copies as may be required. At
any time before the disposal of all claims and objections any elector whose
name is entered in the Provisional Roll, may, on a petition which need not bear
a court fee stamp, bring to the notice of Electoral Registrar any error in any
entry relating to his name which is a clerical error or a mistake which neither
affects his right to be registered as an elector nor gives him the right to be
registered and the Electoral Registrar may make any such correction as he deems
proper. Any
person may apply as a candidate for election in any constituency for which he
is eligible for election under these rules. Subject
to the provisions of rules 14, 15 and 17 the Collector shall appoint for each
constituency:- (a) a date by which
applications from candidates shall be received; (b) a further date not
later than the 10th day after the first mentioned date within which scrutiny of
the applications shall be completed by the Returning Officers; and (c) a further date or
dates on which a poll shall if necessary, be taken; and the date so appointed
shall be notified in the constituency in such manner as the Collector may think
fit. The
applications shall be in the following form duly attached with a non-judicial
stamp of Rs. 2/- 1.
Name
of Constituency...... 2.
Name
of the Candidate...... 3.
Father's
name...... 4.
Age
(date of birth)...... 5.
Residence...... 6.
Village
or ward and Serial
No. on the Electoral Roll....... Signature
of the Candidate....... Notice
of date on which Returning officer will consider applications. Signature
of Returning Officer. On
or before the date appointed under Rule 43, each candidate shall, in person
deliver to the Returning Officer an application after it has been duly filled
up and signed by the candidate himself and the Returning Officers shall give
him a receipt therefor. The
applications for each constituency shall be arranged in a file in order of the
time at which they are received in the office of the Returning Officer. The
Returning Officer shall inform the candidates whose applications have been
received by him of the date, hour and place appointed for the scrutiny of
nominations and on the date so appointed the candidates and their counsel may
attend at such time and place as the Returning Officer may appoint and the
Returning Officer shall give them all reasonable facilities for examining the
applications of any or all other candidates for the same constituency. On
the date appointed for the scrutiny of applications the Returning Officer shall
examine the applications and shall decide all objections which may be made to
any application and may, either on such objection or on his own motion after
such summary enquiry, if any as he thinks necessary reject any application on
any of the following grounds:- (1) that the candidate is
not eligible for election under these rules; (2) that there has been
any failure to comply with any of the provisions of rules 44 and 45; (3) that the candidate is
not identical with the person whose village and serial number on the electoral
roll is given in the application as the number of such candidate; (4) that the signature of
the candidate is not genuine or has been obtained by fraud. The
Returning Officer shall endorse on each application his decision accepting or
rejecting the same and if the application is rejected shall record in writing a
brief statement of his reasons for such rejection. The scrutiny shall be
completed on the day appointed in this behalf under rule 47 and no
adjournment proceedings shall be allowed. The
orders of the Returning Officer shall be final unless the same are reversed as
a result of an Election Petition. Any
candidate may withdraw his candidature by notice in writing subscribed by him
and delivered to the Returning Officer before 3 P.M., on the day following the
date appointed for the scrutiny of applications. A candidate who has withdrawn
his candidature shall not be allowed to cancel the withdrawal or offer himself
as a candidate for the same election. The Returning Officer shall cause a
notice of the withdrawal to be affixed in some conspicuous place in his office. (1) If in a constituency
only one candidate has been validly nominated the Returning Officer shall
declare him to have been duly elected and shall forthwith report the fact to
the Collector who shall notify it in such manner as he thinks fit. (2) If two or more
candidates have been duly nominated for one constituency, an election shall be
held in that constituency. Not
later than one day after completing the scrutiny of nominations for each
constituency the Returning Officer shall, if the number of candidates for the
constituency whose nominations are valid and who have not withdrawn under rule
51 is more than one, determine the colour with which the ballot boxes for votes
of each candidate shall be painted. The
colours shall be as follows:- Black,
transparent, red, yellow, green, blue and such other colours and in such other order
as the Collector may, if necessary describe to each candidate in each
constituency whose nomination he accepts, the Returning Officer shall assign a
colour in the order named i.e, to the first candidate he shall assign the
colour black, to the second the colour transparent, to the third the colour red
and to the fourth the colour yellow and so on. The
Returning Officer shall then forthwith prepare a list of the valid nominations
for each constituency and of the colours assigned to each candidate in such
constituency and shall cause it to be affixed in some conspicuous place in his
place, and shall cause a similar list to be affixed at some conspicuous place
at the Tehsil Office and at each village where a polling station has been
appointed, or if the constituency is part of a city, in each ward. The
Returning Officer on the day after completing the scrutiny of nominations of
each constituency shall, as soon as he has allotted colours report to the
Collector the name of the constituency, the number of candidates who have been
nominated for it and the colours allotted by him. If
a candidate who has been duly nominated dies before the date appointed for the
election no fresh nomination shall be necessary in the case of other
candidates, duly nominated. If
no candidate has been duly nominated under these rules or if all the candidates
duly nominated withdraw their candidature within 10 days of the date fixed for
the election the Revenue Officer not below the rank of Tehsildar subject to
confirmation of Collector shall nominate and appoint as Lambardar any person
qualified to represent the constituency. The
Deputy Commissioner shall arrange in consultation with the District
Superintendent of Police for providing Police at such polling station at the
time of the election in such number and with such instructions as he may
consider necessary for the maintenance of public order at each polling station during
the election and for assisting the presiding officers in the safe custody
of the ballot boxes, books and registers used in the election until they are
deposited in a Treasury in accordance with these rules. All
civil officers or servants of the State other than those employed in the
Police, Customs and Medical Departments, shall be held available for service in
the conduct of the election, and the Returning Officer may appoint such officer
or servant who ordinarily carries on his work in the area for which he is
Returning Officer to carry out any duties imposed by these rules. If the number
of these Officers is not sufficient the Returning Officer shall apply to the
Deputy Commissioner who shall be competent to provide for the temporary
deputation of other civil officers or servants to perform any of these duties. (1) The Returning Officer
shall, with the previous approval of the Deputy Commissioner appoint a
presiding Officer, of rank not lower than that of a Naib Tehsildar and as many
clerks as may be necessary to serve at each polling station during the
election, and such number of Chaprasis, guards or Chaukidars as he may think
necessary in order to enable the electors at the polling station to give their
votes in a rapid and orderly manner in accordance with these rules. (2) As far as possible,
the Returning Officer shall appoint officers whose duty is ordinarily fixed at
the headquarters of a Tehsil to the charge of the polling station at the
headquarter or the polling station which are nearest to the headquarters and
officers who are ordinarily required to tour as part of their duties to the
charge of the outlying stations. (3) One of each pair of
clerk shall be known as the identification clerk and shall in the rural area be
either the girdawarqanungo or a competent patwari whose circle lies within the
polling area to which he is appointed. The second clerk shall be known as the
ballot Clerk. (1) Every person who
performs any duty in connection with the recording or counting of votes at an
election shall maintain and aid in maintaining the secrecy of the voting and
shall not, except for some purpose authorised by these rules, communicate
to any person any information calculated to violate such secrecy. (2) Any person who
willfully acts in contravention of this rule shall on conviction before a
Magistrate be punished with imprisonment of either description for a term not
exceeding three months or with fine, which may amount to Rs. 100/- or with
both. (1) Each polling station
shall be furnished with such number of compartments in which electors can give
their votes screened from observation as the Returning Officer thinks
necessary. (2) As far as possible,
separate compartments and separate entrances and exits shall be provided for
women electors. Suitable arrangements shall be made for recording the votes of
pardanashin female electors, as far as practicable. The
Deputy Commissioner shall provide at each polling station materials sufficient
for the purpose enabling electors to obtain the ballot papers and give their
votes, as many ballot boxes and in such colour as may be necessary and copies
of electoral roll or such part there of as contains the names of the electors
entitled to vote at such station. The ballot boxes in the case of the city
constituencies shall also be marked with the name of the constituency which the
polling station serves. (1) For the rural
constituencies, the Returning Officer subject to direction from the Deputy
Commissioner, shall be responsible for conveying the ballot boxes under proper
custody and other material to the headquarters of the Tehsil, in time before
the date fixed for the election and shall take precautions that no one tampers
with or damages this material. (2) The Tehsildar shall
arrange for the necessary transport and delivery to the charge of the presiding
officer of the polling station the election material assigned to it, and the
presiding officer shall proceed to the polling station with the clerks and the
material in his charge to reach well before time. (1) The presiding officer
shall personally see that the arrangements at the polling station are complete
for the election and shall satisfy himself that the clerks and chaprasis
understand their duties. (2) He shall open the
election at 10. A.M. on the date or dates fixed and immediately before that
time shall (a) show the ballot boxes empty to such persons as may be present so
that they may see they are empty and shall then lock them up and seal them in
such manner as to prevent their being opened without breaking the seals and
shall place them in position for the receipt of the ballot papers and shall
keep them so locked and sealed, (b) give one of the two copies of the Electoral
Roll of the polling area to the identification clerk, and (c) give one book of
each kind of ballot papers to the ballot clerk together with the instrument for
stamping the official mark. (3) He shall supply the
ballot clerk with a second book of ballot papers, when the whole of the papers
in first book have been issued to electors for voting. (1) The presiding officer
shall keep order at the polling station, shall see that the election is fairly
conducted, shall regulate the number of electors to be admitted at one time
into the polling office, and shall exclude all other persons except (a) the
clerks, police and public servants on duty, (b) the candidates or one agent of
each candidate as his polling agent, and (c) such other persons as he may, from
time to time, admit for the purpose of identifying electors: Provided
that he shall not admit any such person to a place from which that person can
see the ballot boxes while the electors are giving their votes. (2) During the progress
of the election the presiding officer may give such directions to the Police
Officer in charge as he may deem necessary. (1) Each elector must
present himself in person at the polling stations and shall not vote by proxy. (2) Any person who
applies for a ballot paper in the name of any other person, whether living or
dead, or in a fictitious name, or for a ballot paper in his own name after
he has already voted at the election shall on conviction by a magistrate be
liable to a fine which may amount to Rs. 100/. Any
Government servant or any polling agent appointed under rule 66 who is on duty
at a polling station in a polling area in the Electoral Roll of which his name
is not registered shall, if he is certified by the Returning Officer to be
registered as an elector in another polling area of the same constituency, be
allowed to give his vote at that polling station after presenting the
certificate to this effect. (1) The identification
clerk, under the general direction of the Presiding Officer, shall satisfy
himself that each elector who appears before him is entered in the Electoral
Roll of the polling area and, if necessary, may ask the elector before a ballot
paper is delivered to him, the following questions to establish his identity:- (i) "Are you the
person enrolled as follows (reading the whole entry from the roll) ?";
and (ii) "Have you
already voted at the present election in this constituency ?";
and (iii) " Have you
already voted at this election in any other constituency?" and the elector
shall not be supplied with a ballot paper if he refuses to answer any one of
the. questions and unless he answers the first question in the affirmative, the
second question in the negative and the third question also in the negative. (2) After he is satisfied
that the person appearing to vote is the elector whose name is registered in
the Electoral Roll of the polling area, he shall make a mark against the name
registered in the Roll and shall repeat to the ballot clerk the village and
serial number of the elector. (3) The ballot clerk
shall write the village and serial number of the elector in the counterfoil of
the ballot book. He shall stamp the ballot paper with the official mark, tear
it off from the book and then hand it over to the elector. (4) The elector on
receiving the ballot paper shall enter the room in which the ballot boxes are
placed, shall put the ballot paper into the ballot boxes of his choice and
shall immediately leave the room by the other door. If
a person representing himself to be a particular elector named on the Electoral
Roll applies for a ballot paper after another person has voted as such elector,
the applicant shall, after duly answering such questions as the Presiding
Officer may ask, be given by him a tendered ballot paper which shall be
coloured red. The Presiding Officer shall write the elector's name, village and
serial number on the counterfoil of the tendered ballot book. He shall also
obtain the signature or thumb impression of the person on the counterfoil. The
person shall then be allowed to place the tendered ballot paper in the ballot
box. If
any polling agent declares and undertakes to prove that any person by applying
for a ballot paper has committed the offence of personating punishable under
sub-rule (3) of rule 66, the Presiding Officer may require such person to enter
in a register of challenged votes his name and address, or if he is unable to
write to affix his thumb impression there-to and shall himself record the
village and serial number of the person. He may further require such person to
produce evidence of identification before he is allowed to vote and if such
person on being questioned in the manner provided in rule 69, answers the first
question in the affirmative and the other question in the negative, he shall be
allowed to vote on a red ballot paper bearing a cross mark after he has been informed
of the penalty for personation. The Presiding Officer shall note his decision
in each case in the register of challenged votes, Any
person who willfully disobeys any lawful order given by a Presiding Officer
under these rules during the progress of the election shall, on conviction by a
Magistrate, be liable to a fine which may amount to Rs. 100/- (1) At 6 P.M. the
Presiding Officer shall stop the poll and shall not allow the ballot clerk to
issue any other ballot paper. He shall immediately write across the counterfoil
of the ballot paper following the last used paper in each used ballot book the
words "Election Closed" with his signature and date. He shall then
make a sealed package of the used ballot books, including with them the stamp
for making the official mark and also a sealed package of any ballot books
which may have not been used at the election, and also a sealed package of the
copy of the Electoral Roll which has been marked by the identification clerk
and of his register of challenged votes. He shall cover the slit in the lid of
each ballot box with cloth sealed with the seal provided and shall attach the
key to each ballot box and shall cause the box to be packed in sacking and
sealed and outside every package he shall note under his signature the name of
the polling station and the nature of the contents of the package and he shall
then make all the packages into one parcel and shall then seal the parcel and
mark on it the name of the polling station and proceed with the parcel to the
headquarters of the Tehsil with the least possible delay. He shall be
responsible for the safeguarding of the parcel as long as it is in his charge
and may for this purpose obtain the assistance of the police and the village
Chowkidars. (2) In the cities of
Srinagar and Jammu the Presiding Officer shall deliver the parcel to the
Treasury Officer for safe custody till these are requisitioned by the Returning
Officer for the counting of votes. (3) The Tehsildar, or, in
the case of the city constituencies, the Treasury Officer, shall give the
Presiding Officer a receipt on the delivery of the sealed parcel. The
Tehsildar at the headquarters of the Returning Officers shall place the sealed
packages under single lock in the Treasury and shall be responsible for their
safe keeping until such time as the Returning Officer appoints for the counting
of the votes. The other Tehsildars shall arrange for the safe delivery of the
packages at the Tehsil which is the headquarters of the Returning Officer, and
after delivery, the packages shall be placed in the Treasury for safe keeping. (1) The Returning Officer
shall, as soon as may be practicable, after the close of the poll appoint a
day, time and place for the counting of votes for each constituency of which he
is the Returning Officer and shall give notice in writing thereof to all
candidates. (2) The place for the
counting of votes shall be at the headquarters of the Returning Officer who
shall personally visit the Tehsil for the purpose. Votes
shall be counted by, or under the supervision of the Returning Officer, and
each candidate and one representative of each candidate authorised in writing
by him shall have a right to be present at the time of counting. But no person
shall assist the Returning Officer in counting the votes who is a candidate or
who has been employed by or on behalf of any candidate for any purpose
whatsoever connected with the election. (1) On the day and at the
time appointed, the Returning Officer shall open the sealed parcel of one of
the polling stations, and the packages contained in it, other than the ballot
boxes. He shall then open each ballot box separately in turn and shall count
and record the number of votes cast in that box for the candidate to whom the
box was assigned and shall also record the number of tendered votes cast for
each of these candidates. He shall not open a second box until he has finished
the contents of the first and until he has recorded the number of votes cost
for each candidate to whom the box is assigned. (2) When he has thus
completed the separate counting of votes in each ballot box, he shall compare
the number of ballot papers found in the box with the number of counter-foils
in the used ballot books. He shall then cause a package to be made of ballot
papers, books and registers which he has examined and shall similarly open and
record the contents of the parcel received from the second polling station and
so on. (1) The Returning Officer
shall reject a ballot paper if- (a) it has not been
stamped with the official mark, or (b) it bears a serial
number which is not the serial number of any ballot paper issued to the polling
station. (2) The decision of the
Returning Officer in rejecting a ballot paper shall be final, subject only to
reversal on an election petition under these rules. The
Returning Officer shall, as far as practicable, proceed continuously with the
counting of the votes and shall, during any necessary interval during which the
counting has to be suspended secure the ballot papers, parcels and other
documents relating to the election under the seal provided and shall cause
adequate precautions to be taken for their custody. (1) When the counting of
the votes has been completed for the constituency, the Returning Officer shall
forthwith declare to be elected, the candidate to whom the largest number of
votes has been given. (2) Where there is an
equality of votes and the addition of one vote will entitle a candidate to be
declared elected, the determination of the person to whom such additional one
vote shall be deemed to have been given shall be made by lot to be drawn in the
presence of the Returning Officer and in such manner as he may determine. (3) The Returning Officer
shall without delay report the result of the election to the Collector, who
shall notify it either in the Government Gazette or in such other manner as he
deems fit. The
Returning Officer shall prepare and certify return setting forth the names of
the candidates for whom valid votes have been given, the number of votes given
for each candidate, the number of tendered votes given and the number of votes
rejected by him and shall permit any candidate to make a copy or an abstract
from such returns. After
completing the counting of the votes the Returning Officer shall make the
packets of ballot papers and other papers connected with the election into
convenient bundles which he shall seal with the seal provided and shall record
on each bundle a description of its contents and the date of the election
to which it refers. The bundles shall be retained in the office of the
Returning Officer for a period of one year and shall thereafter be destroyed
subject to any directions to the contrary made by the Revenue Minister or by
the officer appointed to hold an enquiry in respect of an election. The
Returning Officer shall be responsible for the safe-keeping of the ballot
boxes, seals, locks, stamps and other materials used in the election, and shall
also maintain accounts of the sale of Electoral Rolls. If
any person is elected by more than one constituency he shall, by notice in
writing signed by him and delivered to the Collector within seven days from the
date of the publication of the result of such election in the Gazette, choose
for which of these constituencies he shall serve and the choice shall be final.
When any such choice has been made, the constituency or constituencies in which
such person has not chosen to serve shall be called upon to elect another
person. The
Revenue Minister may, at any time issue instructions for conducting new
elections or the postponement of the date on which elections are proposed to be
held. [1]
Substituted by the Revenue Department Notification SRO 203 dated 23rd March
1981 and deemed to have come into force w.e.f. 1st April, 1981.THE JAMMU AND KASHMIR LAMBARDARI RULES, 1980
PREAMBLE