In exercise of the
powers conferred by [1][sub-section
(1-A), clauses (b), (c) and (d) of sub-section (2) of section 9, section 10
and] clauses (a) to (q) of sub-section (2) of section 17 read with sub-section
(2) of section 321 of the Maharashtra [2][Municipal
Councils Nagar Panchayats and Industrial Township] Act, 1965 (Mah. XL of 1965),
and of all other powers enabling it in that behalf, the Government of
Maharashtra hereby makes the following Rules, the same having been previously
published as required by sub-section (3) of the said section 321 namely :- (1)
These rules may be called
the Maharashtra 3[MunicipaI Councils and Nagar Panchayats] Election Rules,
1966]. (2)
They shall come into force
at once. In these rules,
unless requires,- (a)
[3]["Act"
means the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965 (Mah. XL of 1965). (a-1)
"Council" means a Municipal Council and includes a Nagar Panchayat
constituted under Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965). [4](a-2)
"Counterfoil" means the counterfoil attached-to a ballot paper
printed under the provisions of these rules]. (b)
"Form" means a
Form appended to these rules; [5][(b-l)
"Public holiday" means any day which is declared to be public holiday
under the Explanation to section 25 of the Negotiable Instruments Act, 1881 (26
of 1881) or any day which is notified by the State Government to be a holiday
for government offices in the State; (b-2) "Marked copy of the list of
voters" means the copy of the list of voters set apart for the purpose of
marking the names of voters to whom ballot papers are issued at an election); [6][(b-b)
* * * *I (c)
"Section" means
section of the Act. (1)
The Chief Officer shall
maintain the authentic copy of each list of voters prepared under [sub-section
(6) of section 11] without making any alterations therein. (2)
The said lists of voters
shall be kept in the municipal chest or safe under lock and key; and the
officer whose duty is to keep the key of the chest or safe shall be responsible
for the safe custody of the said list. [7]3-A.
Manner of allotment
and rotation of seats reserved for Scheduled Castes and Scheduled Tribes.-- Subject to the
provisions of clause (c) of sub-section (2) of section 9 of the Act, the seats
to be reserved for the Scheduled Castes and the Scheduled Tribes shall be
allotted and rotated in accordance with following principles namely :- (1)
Where the number of seats to
be reserved for the Scheduled Castes, or as the case may be, the Scheduled
Tribes, and the number of wards in a Council is the same, then there shall be
allotted to such Castes, or as the case may be, the Tribes, one seat in every
ward. (2)
Where the number of seats to
be reserved for the Scheduled Castes, or as the case may be, the Scheduled
Tribes, is less than the number of wards in a Council, then the seats shall be
allotted in descending order beginning with a ward where the percentage of
population of the Scheduled Tribes, with regard to the total population of such
ward is the highest : Provided that, the
seats to be reserved shall be rotated, in the subsequent elections, to the
wards in the Council in which no such seat has been reserved for such Castes or
Tribes until such reservation is given to all the wards in the Council. (3)
Where the number of seats to
be reserved for the Scheduled Castes or, as the case may be, the Scheduled
Tribes, is more than the number of wards in a Council, then with a view to
securing representation of the members of such Castes or Tribes in as many
wards in the Council as possible, one seat shall be allotted in each wards for
such Castes or Tribes and the remaining seats shall be allotted and rotated as
provided in the proviso to sub-rule (2). Explanation. - While
calculating the number of seats, the fraction of one-half or more of a seat
shall be counted as one and the fraction of less than one-half shall be
ignored.] [8]3-B.
Manner of allotment
and rotation of seats reserved for women.-- Subject to the
provisions of clause (b), the proviso to clause (c) and the proviso to clause
(d) of sub-section (2) of section" 9, read with section 10 of the Act, the
seats to be reserved for women shall be allotted and rotated in accordance with
the following principles, nann-ly :- (1)
The seats to be reserved for
women belonging to the Scheduled Castes, the Scheduled Tribes or, as the case
may be, the category of the Backward Class of citizens shall be allotted to the
different wards where the seats are to be reserved for such Castes, Tribes or
the classes, as the case may be, by drawing lots from among such reserved
seats; (2)
Notwithstanding anything
contained in sub-rule (1) while rotating such seats in different wards in the
city at the time of subsequent general elections, the wards where such seats
were already reserved in earlier elections for women from such Castes, Tribes
or the Classes, as the case may be, shall be excluded until all the wards,
where such seats are required to be reserved, have been given such reservation
by rotation. (3)
Once seats are reserved in
the appropriate wards for women belonging to the Scheduled Castes, Scheduled
Tribes or the Backward Class of citizens, then the remaining seats to be
reserved for women shall be reserved in the different wards by drawing lots. (4)
Notwithstanding anything
contained in sub-rule (3), while rotating such seats in different wards at the
time of the subsequent general elections, the wards in which the seats were
reserved in the earlier elections for women shall be excluded until such
reservation is given to all the wards by rotations. (5)
[9]Where
- (i)
only one seat is reserved,
either for the Scheduled Castes, or as the case may be, for the Scheduled
Tribes, then it shall be reserved for Women once in three elections by draw of
lots, and (ii)
two seats are reserved,
either for the Scheduled Castes, or, as the case may be for the Scheduled
Tribes, then out of those two seats, one seat shall be allotted to Women, by
drawing lots in two out of the three elections. (iii)
[10][*
* *] [11]3-C.
Manner of allotment
and rotation of seats reserved for category of Backward Class of citizens.-- (1)
Subject to the provisions of
clause (d) of sub-section (2) of section 9 of the Act, the seats to be reserved
for category of Backward Class of citizens shall be allotted to the wards by
drawing lots : Provided that, while
drawing lots, the seats already reserved for Scheduled Castes and Scheduled
Tribes shall be excluded. (2)
Notwithstanding anything
contained in sub-rule (1), the seats to be reserved shall be rotated in the
subsequent general elections, to the wards in which no seats have, in the
previous general elections, been reserved for the category of Backward Class of
citizens, until such reservation is given by rotation to each of the wards in
the area of the Council. Explanation.-While
calculating the number of seats, the fraction of one-half or more of a seat
shall be counted as one and the fraction of less than one-half shall be
ignored. 3-D. Powers of State
Election Commissioner to appoint and deploy the staff of Council.-- The State Election
Commissioner shall have the power to appoint or deploy the officers and members
of the staff of Council for the preparation of electoral rolls; formation of
wards and conduct of election of Council under these Rules, Such officers and
members of staff shall function under the superintendence, direction and
control of the State Election Commissioner. (1)
For the purpose of holding a
general election the [12][State
Election Commissioner or an officer authorised by the State Election
Commissioner] shall, as occasion may require by order in Form I [13][*
* *] [14][appoint
or re-appoint dates, time and place for all or any of the stages of the
election, follows :- (a)
[15](the
last date for making nominations which shall be after [16][eight
days) from the date of final publication of the list of voters [17][*
* *] and the time and place for making nominations); (b)
[18][the
date for the scrutiny of nominations shall be the next day after the last date
for making nominations and where such date is reappointed under a subsequent
order such date shall be the next-day after the date of such subsequent
order]; (c)
[19][the
last date for withdrawal of candidatures, which shall be a date not later than
the fifteenth day and not earlier than the fifth day after the date, or the
reappointed date, for scrutiny of nominations [20][*
* *] and where such date for withdrawal and subsequent stages of the election
are reappointed under a subsequent order such date for withdrawal shall not be
later than the fifteenth day and not earlier than the fifth day after the date
of such subsequent order or, if that day is a public holiday, the next
succeeding day which is not a public holiday;] (d)
[21][the
date on which a poll shall, if necessary, be taken, shall be a date not earlier
than the eighth day after the last date, or the reappointed last date, for
withdrawal of candidatures, and where previous stages of the election are
completed and the date on which a poll shall, if necessary, be taken is
appointed under a subsequent order, such date shall be a date not earlier than
the eighth day after the date of such subsequent order. In every case, the time
during which the poll shall be taken on the date so appointed or re-appointed
shall be specified : Provided that, such
date shall not be earlier than two months before the date of expiry of term of
office of Councillors of the Council to-which such election is to be
made.] (e)
[22][the
date or dates [23][*
* *] and the time and place for the counting of votes; and] (f)
the dates, time and places
for other stages of the elections. (2)
[24][Where
the [25][State
Election Commissioner or an Officer authorised by the State Election
Commissioner] makes any order under sub-rule (1), he shall,- (a)
if the order is for
appointing or re-appointing dates for all stages of the election not less than
ten days before the last date fixed for the nomination of candidates, (b)
if the order is for
re-appointing the date for taking a poll not less than [26][eight
days] before the revised date fixed for taking the poll, (c)
if the order is for
re-appointing the date for scrutiny of nominations or for any of the subsequent
stages (other than the date for (poll) not less than five days before the
revised date fixed for the next stage of the election, cause the order to be
published as a public notice in the same manner as is provided in clauses (a)
and (c) of sub-section (2) of section 326 of the Act, and where there are local
newspapers, also additionally by publication in one or more of such newspapers.
The [27][State
Election Commissioner or an officer authorised by the State Election
Commissioner] shall also arrange to give wide publicity to the election
programme by affixing copies of the order in Marathi at the municipal office
and at such other conspicuous places within the municipal area as may be deemed
fit and by causing the said order to be published in such other manner as he
deems fit. (3)
[28][Where
an appeal is presented under rule 15 against the decision of a Returning
Officer accepting or rejecting a nomination paper in respect of the election in
any ward, [29][*
* * the revised last date for the withdrawal of candidatures in respect of such
election shall be the third day after the date on which such appeal is decided.
If it is necessary to take a poll and the date appointed therefor under
sub-rule (1) is already passed or is earlier than the [30][eighth
day] after the revised last date for the withdrawal of candidatures, the [31][State
Election Commissioner or an officer authorised by the State Election
Commissioner] shall appoint a revised date on which the poll shall be taken
(which shall be a date not earlier than the [32][eighth
day] after the revised last date for the withdrawal of candidatures), and a
revised date for the counting of votes, in respect of that election. Such order
shall be published in the same manner in which the original order made under
sub-rule (1) is published]. [33]4-A. ?Postponement of elections during the period of
National or State mourning.-- (1)
If the last date appointed
for making nominations falls during a period which is declared by Government to
be a period of National or State mourning, the [34][State
Election Commissioner or an officer authorised by the State Election
Commissioner] shall postpone the election programme and appoint fresh dates so
as to commence various stages of the election after the expiry of such period,
irrespective of the fact whether the last date appointed for making nominations
has been declared a public holiday or not. (2)
If the period of such
mourning commences on the date appointed for scrutiny of nominations or on the
last date appointed for withdrawal of candidatures, any such date shall not be
postponed, but the dates for subsequent stages of the election shall be revised
by the [35][State
Election Commissioner or an officer authorised by the State Election
Commissioner] so that those stages may commence after the expiry of the
mourning period. (3)
If the period of such
mourning commences on any date appointed for taking a poll or for counting of
votes and the poll or counting of votes has already commenced, then the poll or
the counting of votes, as the case may be, shall not be postponed, but in other
cases the dates shall be revised by the [36][State
Election Commissioner or an officer authorised by the State Election
Commissioner] so that these stages of the election may be held after the expiry
of the mourning period. (1)
The [37][State
Election Commissioner or an officer authorised by the State Election
Commissioner] shall [38][by
order in Form I [39][*
* *], appoint the Chief Officer or any other "officer of the Council or
any officer of Government to be a Returning Officer In respect of any election
or part of an election under these rules. (2)
(a) The 1[State Election
Commissioner or an officer authorised by the State Election Commissioner] may,
if deemed necessary, appoint any officer of a Council or of Government to be an
Assistant Returning Officer to assist any Returning Officer in the performance
of his functions. (b)
The Assistant Returning Officer shall, subject to the control of the Returning
Officer, be competent to perform all or any of the functions of the Returning
Officer : Provided that, no
Assistant Returning Officer shall perform any of the functions of the Returning
Officer which relates to the scrutiny of nomination papers [40][*
* *] unless the Returning Officer is unavoidably prevented from performing the
said function. Subject to the
provisions of sub-rule (2) of rule 5, reference in these rules to the Returning
Officer shall, unless the context otherwise requires be deemed to include an
Assistant Returning Officer. It shall be the
general duty of the Returning Officer at any election to do all such acts and
things as may be necessary for effectually conducting the election in the
manner provided by these rules. The Returning Officer
shall provide a sufficient number of polling stations for each ward in which
election is to be held and shall not later than seven days before the date of
poll, publish a list showing the polling stations and the areas [41][in
which] they will be set up (hereinafter referred to as the "polling
area"). (1)
The Returning Officer shall
appoint a Presiding Officer for each Polling Station and such polling officer
or Officers to assist the Presiding Officer, as he thinks necessary, but shall
not appoint any person who has been employed by or on behalf of, or has been
otherwise working for, a candidate in or about the election : Provided that, if a
Polling Officer is absent from the polling station, the Presiding Officer may
appoint any person who is present at the polling station, other than a person,
who has been employed by or on behalf of, or has been otherwise working for, a
candidate in or about the election, to be the polling officer during the
absence of the former officer, and inform the Returning Officer accordingly. (2)
A polling pfficer shall, if
so directed by the Presiding Officer, perform all or any of the functions of a
Presiding Officer under these rules. (3)
If the Presiding Officer,
owing to illness or other unavoidable cause, is obliged to absent himself from
the polling station, his functions shall be performed by such polling officer
as has been previously authorised by the Returning Officer to perform such
functions during any such absence. (4)
References in these rules to
the Presiding Officer shall, unless the context otherwise requires, be deemed
to include any person performing any function which he is authorised to perform
under sub-rule (2), or asthe case may be, under sub-rule (3). It shall be the
general duty of the Presiding Officer at a polling station to keep order thereat
and to see that the poll is fairly taken. The Returning
Officer, Assistant Returning Officer, Presiding Officers, polling officers and
all other persons appointed for any matter connected with these rules shall
work under the direction and supervision of the [42][State
Election Commissioner or an Officer authorised by the State Election
Commissioner]. [43]11-A.
Numbering of Wards.-- Every seat of a Ward
shall be numbered as 1-A, 1-B, 1-C or 2-A, 2-B, 2-C and so on.] (1)
Any person may be nominated
as a candidate for election to fill a seat, if he is qualified to be chosen to
fill that seat under the provisions of the Act. (2)
[44][Every
nomination paper shall be in form specified by the State Commission which shall
be supplied by the Returning Officer to any voter on demand. The nomination
paper duly completed and signed by the candidate and by a voter of the ward as
proposer in case the candidate is sponsored by a recognised political party, or
by five voters of the ward as proposers in case of any other candidates. The
nomination paper shall be delivered to the Returning Officer by such candidates
either in person or by his proposer, on or before the date appointed under
sub-rule (1) of Rule 4 during the time and at the place specified thereunder.] (3)
Any person who is qualified
to vote under sub-section (1) of section 12 and whose name is entered in the
list of voters for the ward for which the candidate is nominated, may subscribe
as proposer [45][*
* *]. He shall not subscribe as proposer more than one such nomination paper.
If he does so, all the nomination papers so subscribed, except the one received
first shall notwithstanding anything contained in sub-rule (2) of rule 13, be
invalid. The same candidate may, however, be nominated by more than one such
nomination paper for election 21[in the same ward, if the nomination papers are
subscribed by different proposers : Provided that, not
more than four such nomination papers shall be presented by or on behalf of any
candidate, or accepted by the Returning Officer, for such election.] [46][(3-A)
* * *] (4)
[47][In
a ward where the seat is reserved for Scheduled Castes or Scheduled Tribes or
Backward Class of citizens or women, a candidate shall not be deemed to be
qualified to be chosen to fill that seat, unless nomination paper contains a
declaration by him specifying the particular Scheduled Caste or Scheduled Tribe
or category of Backward Class of citizens to which he or, as the case may be,
she belongs.] (5)
On receiving a nomination
paper under sub-rule (2), the Returning Officer shall inform the person
delivering the same of the day, time and place fixed for the scrutiny of
nominations and shall enter on the nomination paper its serial number and shall
sign thereon a certificate stating the date on which and the hour at which the
nomination paper has been delivered to him. The Returning Officer shall then
sign a receipt for the nomination paper and the notice of scrutiny in Form III [48][*
* *] and hand over the same to the person presenting the nomination paper. As
soon as may be after receipt of a nomination paper, the Returning Officer shall
cause to be affixed in some conspicuous place in his office and a notice of the
nomination along [49][with
a true copy] of Part A of the nomination paper. (6)
When elections are to be
held at or about the same time in two or more wards, one and the same person,
if qualified, may be nominated for election in all or any number of the said
wards. (7)
[50][*
* *] (1)
The candidates, one proposer
of each candidate and one other person duly authorised in writing by each
candidate, but no other person, may attend at the time and place fixed for the
scrutiny of the nomination papers under rule 4, and the Returning Officer shall
give them all reasonable facilities for examining the nomination papers of all
candidates which have been delivered as required by sub-rule (2) of rule 12. (2)
The Returning Officer shall
examine the nomination papers and decide all objections which may be made to
any nomination, and may, either on such objection or on his own motion, after
such summary inquiry, if any, as he thinks necessary, reject any nomination paper
on any of the following grounds, that is to say,- (a)
that the candidate is not
qualified or is disqualified for election under the Act. (b)
that the proposer is not
qualified to nominate the candidate; (c)
that there has been a
failure to comply with any of the provisions of the Act or prescribed by these
rules; (d)
that the candidate or
proposer is not identical with the person whose electoral number is specified
in the nomination paper as the number of such candidate or proposer, as the
case may be; (e)
that the signature of the
candidate or the proposer on the nomination paper is not genuine or is obtained
by fraud. (3)
Nothing contained in clause
(c), (d), 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)
The Returning Officer shall
not reject any nomination paper on the ground of any defect which is not of a
substantial character. (5)
The Returning Officer shall
hold the scrutiny on the date appointed in this behalf under clause (d) of
sub-rule (1) of rule 4 and shall not allow any adjournment of the proceedings,
except when such proceedings are interrupted or obstructed by riot or open
violence or by causes beyond his control : Provided that, in
case any objection is raised by the Returning Officer or is made by any other
person, the candidate concerned may be allowed time to rebut it not later than
the next day, and the Returning Officer shall record his decision on the date
to which the proceedings have been adjourned. (6)
The Returning Officer-shall
endorse on each nomination paper his decision accepting or rejecting the same
and, if the nomination paper is rejected, shall record in writing a brief
statement of his reasons for such rejection. (7)
For the purposes of this
rule, the production of a certified copy of an entry made in the list of voters
shall be conclusive evidence of the right of any voter named in that entry to
stand for election or to subscribe a nomination paper, as the case may be,
unless it is proved that the candidate or the proposer is disqualified. (8)
Immediately after all the
nomination papers have been scrutinised and decisions accepting or rejecting
the same have been recorded, the Returning Officer shall prepare a list of
validly nominated candidates in Form IV. [51][*
* *]. The Returning Officer shall then affix such list on his notice-board and
shall record the date on which and time at which the list was so affixed. (1)
[52][On
or before the date, appointed for the delivery of nomination papers, each
candidate shall deposit, or cause to be deposited, with the Returning Officer a
deposit of a sum of,- (i)
rupees 2,500 in case of 'A'
Class Municipal Council, (ii)
rupees 1,000 in case of 'B'
Class Municipal Council, (iii) rupees 500 in case of 'C Class Municipal
Council, in cash and no candidate shall be deemed to be duly nominated, unless
such deposit is made : Provided that, the
seat is reserved for Women or for Scheduled Castes or for Scheduled Castes or
for Scheduled Tribes or, as the case may, be for the Backward Class of
Citizens, the sum to be so, deposited by or on behalf of a candidate, shall be
50 per cent, of the amount payable under this rule.] (2)
If a candidate by whom or on
whose behalf the deposit referred to in sub-rule (1) has been made withdraws
his candidature in the manner and within the time specified in these rules; or
if the nomination of any such candidate is refused, the deposit shall be
returned to the person by whom it was made; and, if any candidate dies before
the commencement of the poll, any such deposit, if made by him shall be
returned to his legal representative or, if not made by the candidate, shall be
returned to the person by whom it was made. (3)
On a candidate being
elected, such deposit shall be returned to him or to the person who made it, as
the case may be, as soon as may be after the declaration of the result. (4)
On a candidate failing to
get elected, if the number of valid votes polled by him does not exceed
one-eighth of the total number of valid votes polled by all the candidates, the
deposit shall be forfeited to the Council. (5)
A deposit made in respect of
an unsuccessful candidate, if not forfeited under sub-rule (4) shall be
returned to the person making it as soon as may be, after the publication of
the result of the election in the Official Gazette. (1)
An appeal shall lie to the
District Judge of the district in which the municipal area is situated as
herein provided from any decision of a Returning Officer accepting or rejecting
a nomination paper. (2)
Any candidate aggrieved by a
decision of the Returning Officer accepting or rejecting a nomination paper,
may present an appeal therefrom to the District Judge within a period of three
days from the date of publication of the list of validly nominated candidates : [53][Provided
that, where an appeal is presented, such candidate shall, not later than 3
o'clock in the afternoon of the day next following the date of presentation of
the appeal to the District Judge, give a notice of the appeal to the Returning
Officer.] (3)
If one or more notices has
or have been received in accordance with the proviso to sub-rule (2), the
Returning Officer shall, immediately after the expiry of [54][four
days from the date of publication of the list of validly nominated candidates)
:- (a)
[55][publish
a notice in Form V by affixing it to his notice board together with a statement
that the hearing of the appeal shall commence before the District Judge on the
third day after the date of such publication of the notice or if that day is a
public holiday, the next succeeding day which is not a public holiday and that
the copy of the petition of appeal is available with the Returning Officer;
and] (b)
send to the District Judge a
copy of each of the notices, the intimation referred to in clause (a) and the
list of validly nominated candidates. [56][(3-A}
On receipt of copies of notices and other documents referred to in the last
preceding sub-rule, the District Judge shall intimate to the Returning officer
the day or days appointed by him for hearing of the appeal or appeals and also
notify such day or days on his notice-board. As soon as such intimation is
received from the District Judge, the Returning Officer shall also display a
copy of such intimation on his notice-board for informing the parties concerned
the date or dates appointed for hearing the appeal or the appeals, as the case
may be.] (4)
The Returning Officer shall,
on application made by or on behalf of a candidate, supply forthwith to the
applicant a copy of the decision accepting or rejecting a nomination paper
together with the statement of reasons, recorded by him. (5)
In every appeal under this
rule, the appellant shall join as respondents all the candidates (other than
himself) whose nominations have been accepted by the Returning Officer. (6)
[57][The
intimations] affixed to the notice-board of the Returning Officer [58][under
sub-rules (3) and (3-A)] shall be deemed to be sufficient notice, both of the
presentation of an appeal under this rule and of the date on which the hearing
thereof shall commence before the District Judge and it shall not be necessary
to give any other notice to the appellants or the respondents and the appeal or
appeals shall be deemed to have been fixed for peremptory hearing on the said
date. For the purpose of the appeal, the District Judge may, except as provided
in this rule, exercise any of the powers of a Civil Court. (7)
Every appeal under this rule
shall be heard de die in diem and disposed of by the District Judge as
expeditiously as possible, and his decision shall be communicated forthwith to
the Returning Officer. (8)
[59][*
* *] (9)
In every case[60][where
notice of any appeal has been given] to the Returning Officer, he shall, upon
receipt of the communications of the District Judge referred to [61][in
sub-rule (7)], republish by affixing to his notice-board the list of validly
nominated candidates after revising it, if necessary in conformity with the
decision of the District Judge. (10)
The decision of the District
Judge on appeal under this rule, and subject only to such decision, the
decision of the Returning Officer, accepting or rejecting the nomination of a
candidate shall be final and conclusive and shall not be called in question in
any Court. (11)
Any appeal presented to the
District Judge under this rule may be inquired in to and disposed of by any
Judge not lower in rank than an Assistant Judge to whom the case or such cases
generally may be referred to by the District Judge, and any reference to the
District Judge in this rule shall then be construed as a reference to such
Judge. (1)
[63][Subject
to any general or special directions issued by the 1[State Election
Commissioner] the Returning Officer shall] on the day immediately following the
last day for withdrawal of candidatures, allot to each candidate a symbol in
the manner hereinafter appearing from amongst the following symbols, namely :- [64]TABLE PART I RESERVED SYMBOL Svmbol Name of Partv (1) (2) 1. Lotus Bharatiya Janata
Party 2. Ears of Corn and
Sickle Communist Party of
India 3. Hammer, Sickle and
Star Communist Party of
India, (Marxist) 4. Charkha within a
Rectangle Indian Congress
(Socialist Sarat Chandra Sinha) 5. Hand Indian National
Congress 6. Chakra (Wheel) Janata Dal 7. Haldhar within wheel
(Chakra Haldhar) Janata Party 8. Farmer ploughing the
field (Khet Jotata Hua Kisan) Lok Dal 9. A woman carrying pot
on her head Janata Dal
(Samajwadi). 10 Cart Peasants and Workers
Party of India 11 Bow and Arrow Shivsena. PART II FREE SYMBOL 1. Aeroplane 2. Apple 3. Almirah 4. Axe 5. Bell 6. Belt 7. Bicycle 8. Bucket 9. Basket containing
vegetables 10. Boat 11. Black Board 12. Boy and Girl 13. Brick 14. Bat 15. Balloon 16. Candles 17. Chair 18. Car 19. Ceiling Fan 20. Clock 21. Conch 22. Coconut tree
bearing fruits 23. Cultivator
winnowing grain 24. Cup and Saucer 25. Drum 26. Dam 27. Electric Bulb 28. Flaming Torch 29. Fire Engine 30. Frock 31. Glass Jar 32. Glass Tumbler 33. Gas Cylinder 34. Gas Stove 35. Hat 36. Hockey and Ball 37. Hurricane Lamp 38. Hand pump 39. Inkpot and Pen 40. Jug 41. Jeep 42. Kettle 43. Kite 44. Ladder 45. Lock and Key 46. Lady Purse 47. Letter Box 48. Motorcycle 49. Plough 50. Pot 51. Pressure Cooker 52. Radio 53. Ring ; 54. Road Roller 55. Railway
Engine" 56. Rising Sun 57. Ship 58. Spade 59. Spade and Stoker 60. Spectacles 61. Sewing Machine 62. Saw 63. Scooter 64. Slate 65. Stool 66. Shuttle 67. Table Lamp 68. Table Fan 69. Television 70. Telephone 71. Top 72. Trumpet 73. Two Swords and a
Shield 74. Two Leaves 75. Umbrella 76. Violin 77. Wool:] Provided that, where
the number of candidates contesting the election exceeds the number of symbols [65][Specified
in Part II of the Table above), the Returning Officer may assign any other
symbol to any candidates to whom no symbol has been assigned. (2)
[66](Any
candidate sponsored by a political party mentioned in column (2) in Part I of
the Table mentioned in sub-rule (1) shall choose, and shall be allotted, the
reserved symbol of that party specified in column (1), in Part I of the said
Table and no other symbol. [67][(Explanation.-
For the purpose of this rule, a candidate shall be deemed to be sponsored by a
political party if, and only if, on or before the last date fixed for filing of
nominations, a notice in writing to that effect has been delivered to the
Returning Officer by a person who is authorised by the said party to send such
notices and whose name and specimen signature have been communicated in advance
to the Returning Officer.] (2-A)
Any other candidate shall choose, and shall be allotted, oncof the free symbols
specified in Part II of the Table and no other symbol : Provided that, if
more candidates than one indicate their preference for the same symbol, the
Returning Officer shall, after due notice to the candidates concerned, decide
by lot, in the presence of such of those candidates as may be present at the
appointed time, to which of those candidates the symbol shall be assigned]. (3)
The decision of the
Returning Officer in assigning any symbol to a candidate under this rule shall
be final. (4)
The Returning Officer shall
thereafter publish a list of contesting candidates. Such list shall be in Form
VIII [68][*
* *] and shall contain the names in alphabetical order determined with
reference to the surnames of the candidates having surnames, and the names
proper, of other candidates, and their addresses as given in the nomination
papers. [69][The
particulars and alphabetical order shall be in such language as is adopted by
the Council under clause (12) of section 81 for keeping the minutes]. (1)
Any candidate may withdraw
his candidature by notice in writing subscribed by him and delivered to the
Returning Officer,- (a)
where no appeal is presented
under rule 15 on or before the day appointed under clause (c) of sub-rule (1)
of rule 4, and (b)
where such appeal is made,
on or before the third day after the date on which the appeal is decided. (2)
The notice shall be
delivered to the Returning Officer before 3 o'clock in the afternoon on the
last day fixed under sub-rule (1) for withdrawal of candidature. (3)
The notice may be given
either by the candidate in person or by his proposer or election agent who has
been authorised in this behalf in writing by the candidate. (4)
No person who has given a
notice of withdrawal of his candidature under sub-rule (1) shall be allowed to
cancel the notice. (5)
The Returning Officer shall,
on being satisfied as to the genuineness of a notice of withdrawal and the
identity of the person delivering it under sub-rule {1), cause a notice to be
affixed on the notice-board in his office. (1)
If a candidate desires to
appoint an election agent such appointment shall, subject to the provisions of
sub-rule (3), be made in Form VIII [70][*
* *] and lodged with the Returning Officer either at the time of delivering the
nomination paper or at any time before the election. (2)
The appointment of the
election agent may be revoked by the candidate at anytime by a declaration in
writing signed by him and lodged with the Returning Officer. Such revocation
shall take effect from the date on which it is so lodged. In the event of such
revocation or in the event of the election agent dying before, or during the
period of the election, the candidate may appoint a new election agent in
accordance with the provisions of sub-rule (1). (3)
No person, who is for the
time being disqualified under sub-section (11) of section 21 from being elected
at any election to a Council, shall so long as the disqualification subsists,
be appointed as an election agent. (1)
At an election at which a
poll is to be taken any contesting candidate, or his election agent, may,
appoint one agent and two relief agents to act as polling agents, of such
candidate at each polling station. Such appointment shall be made by a letter
in writing in duplicate [71][in
Form IX-1] [72][*
* *] signed by the candidate or his election agent. (2)
The candidate or his
election agent shall deliver the duplicate copy of the letter of appointment to
the polling agent, who shall, on the date fixed for the poll, present it to,
and sign the declaration contained therein before, the Presiding Officer. The
Presiding Officer shall retain the duplicate copy presented to him in his
custody. No polling agent shall be allowed to perform any duty at the polling
station, unless he has complied with the provisions of this sub-rule. (1)
Each contesting candidate or
his election agent may appoint not more than four agents to act as counting
agents of such candidate by letter in writing in duplicate [73][in
Form IX-2] signed by the candidate or his election agent [74][*
* *]. (2)
Before the commencement of
the counting of votes, the candidate or his election agent shall give notice of
the appointment of such counting agents to the Returning Officer by forwarding
to such officer the letter of appointment referred to in sub-rule (1). (3)
The candidate or his
election agent shall also deliver the duplicate copy of the letter of
appointment to the counting agent who shall, on the date fixed for the counting
of votes, present it to, and sign the declaration contained therein before, the
Returning Officer. The Returning Officer shall retain the duplicate copy
presented to him in his custody. No counting agent shall be allowed to perform
any duty at the place fixed for the counting of votes, unless he has complied
with the provisions of this sub-rule. (1)
The appointment of the
polling agent may be revoked by the candidate at any time before the
commencement of the poll by a declaration in writing signed by him. (2)
Such declaration shall - (a)
in the case where the
appointment is revoked not less than seven days before the commencement of the
poll, be lodged with the Returning Officer; (b)
in any other case, be lodged
with the Returning Officer or the Presiding Officer of the polling station
where the polling agent was appointed for duty. (3)
If the polling agent of a
candidate dies before the close of the poll, the candidate or his election
agent shall forthwith report in writing the fact of such death,- (a)
in the case where the death
takes place not less than seven days before the commencement of the poll, to
the Returning Officer, and (b)
in any other case, to the
Returning Officer or the Presiding Officer of the polling station where the
polling agent was appointed for duty. (4)
Wherever the Returning
Officer receives any declaration or report made under sub-rule (1) or (2), he
shall forthwith communicate such declaration or report, as the case may be, to
the Presiding Officer of the polling station where such polling agent was
appointed for duty. (5)
Where the appointment of a
polling agent is revoked under sub-rule (1) or where the polling agent dies
before the close of the poll, the candidate or his election agent may, at any
time before the poll is closed, appoint a new polling agent in accordance with
the provisions of sub-rule (1) of rule 19 : Provided that, the
letter of appointment of a new polling agent shall- (a)
in the case where such
appointment is made not less than seven days before the commencement of the
poll, be given to the Returning Officer, and (b)
in any other case, be given
to the Returning Officer or the Presiding Officer of the polling station where
the new polling agent is appointed. (6)
The provision of sub-rule
(2) of rule 19, shall apply in relation to a polling agent appointed under
sub-rule (5) as they apply in relation to a polling agent appointed under
sub-rule (1) of rule 19. (1)
The appointment of the
counting agent may be revoked by the candidate at any time before the
commencement of the counting of votes by a declaration in writing signed by
him. Such declaration shall be lodged with the Returning Officer. (2)
If the counting agent of a
candidate dies before the completion of the counting of votes, the candidate or
his election agent shall forthwith report the death in writing to the Returning
Officer. (3)
Where the appointment of a
counting agent is revoked under sub-rule (1) or where the counting agent dies
before the completion of the counting of votes, the candidate or his election
agent may appoint a new counting agent in the manner, laid down in sub-rule (1)
of rule 20. (4)
The provisions of sub-rules
(2) and (3) of rule 20, shall apply in relation to a counting agent appointed
under sub-rule {3} as they apply in relation to a counting agent appointed
under sub-rule (1) of rule 20. If a contesting
candidate dies and a report of his death is received by the Returning Officer
before the commencement of the poll, the Returning Officer shall, upon being
satisfied of the fact of the death of the candidate, countermand the poll in
respect of the ward to the election of which the deceased was a candidate [75][*
* *] and report the fact to the [76][State
Election Commissioner or an officer authorised by the State Election
Commissioner] and all proceeding with reference to the election of such ward; [77][*
* *] shall be commenced a new in all respects, as if for a new election; Provided that - (i)
no further nomination shall
be necessary in the case of a person who was a validly nominated candidate at
the time of the countermanding of the poll; and (ii)
no person who has given a
notice of withdrawal of his candidature under rule 17 before the countermanding
of the poll, shall be ineligible for being nominated as a candidate for the
election after such countermanding. (1)
If in any ward, [78][*
* *] if only one candidate has filed a nomination, and his nomination has been
accepted, the Returning Officer shall forthwith declare such candidate to be
duly elected. (2)
If in any ward, only one
nomination out of several nominations made, has been accepted and if no appeal
under rule 15, has been filed or if the appeal or appeals so filed, have been
duly rejected, the Returning Officer shall declare the candidate whose
nomination has been accepted, to be duly elected. In case other than
those covered by rule 24, a poll shall be taken. At every contested
election, votes shall be given by ballot in the manner hereinafter provided. Every ballot box
shall be of such design and colour, as may be approved by the [79][State.
Election Commissioner or an officer authorised by the State Election
Commissionerl. It shall be so constructed that ballot papers can be introduced
therein but cannot be withdrawn therefrom without the box being unlocked and
the seals being broken. The ballot paper
shall be in the form specified by the State Election Commission.] (1)
Outside each polling station,
there shall be displayed prominently,- (a)
a notice specifying the
polling area, the voters of which are entitled to vote at the polling station,
and where the polling station has more than one polling booth, at each one of
such booths, the description of voters allotted to such booth; and (b)
another notice giving the
name of each candidate in the same language or languages and in the same order
in which the names of such candidates appear [81][in
the list of contesting candidates] at the election published under rule 16
together with the description of the symbol which has been assigned to each
such candidate under that rule. (2)
The Returning Officer shall
cause to be provided at every polling station [82][compartment]
(referred to In these rules as a "polling compartment") in which
voters can record their votes screened from observation. (3)
The Returning Officer shall
provide at each polling station a sufficient number of ballot boxes, ballot
papers, copies of the list of voters in respect of the polling area or areas
the voters of which are entitled to vote at such polling station, instruments
for stamping the officials mark on the ballot papers, and articles necessary
for voters to mark the ballot paper. The Returning Officer shall also provide
at each polling station such other equipment and accessories as may be required
for taking the poll at such polling station. The Presiding Officer
shall regulate the number of voters to be admitted at any one time inside the
polling station and shall exclude therefrom all persons other than - (a)
polling officers; (b)
public servants on duty in
connection with the election; (c)
persons authorised by the [83][State
Election Commission or an office authorised by the State Election Commissioner]
or the Returning Officer; (d)
candidates, their election
agents and subject to the provisions of rule 19, one polling agent of each
candidate; (e)
a child in arms accompanying
a voter; (f)
a person accompanying a
blind or infirm voter who cannot move without help; and (g)
such other person as the
Returning Officer or the Presiding Officer may employ for the purpose of
identifying the voter. (1)
Where a paper seal is used
for securing the ballot box, the Presiding Officer shall fix in the space meant
therefor a paper seal provided for the purpose. He shall also affix on such
paper his signature and obtain thereon signatures of such candidates or such
election or polling agents of the candidates as may be present and may desire
to affix their signatures. He shall then secure and seal the ballot box in such
manner that the slit for insertion of ballot papers therein remains open. (2)
Where it is not necessary to
use a paper seal for securing a ballot box, the Presiding Officer shall secure
and seal the box in such manner that the slit in the box for insertion of
ballot papers therein remains open and shall also allow the candidates or their
election or polling agents who may be present to affix their own seals on the
space in the box meant therefor, if they so desire. (3)
Every ballot box used at a
polling station shall bear labels, both inside and outside, marked with,- (a)
the serial number, if any,
and the name of the ward; (b)
the serial number and name
of the polling station; (c)
the serial number of the
ballot box (to be filled in at the end of the poll on the label outside the
ballot box only); and (d)
the date of poll. (4)
Immediately before the
commencement of the poll, the Presiding Officer shall demonstrate to the
candidates, their election agents and their polling agents, who may be present
at such station and all other persons present that the ballot box is empty and
bears the labels referred to in sub-rule (3). (5)
The ballot box shall then be
closed, sealed and secured and placed in full view of the Presiding Officer and
the polling agents. (1)
Where a polling station is
for both men and women voters, the Presiding Officer may direct that they shall
be admitted into the polling station alternately in separate batches. (2)
The Returning Officer or the
Presiding Officer may appoint a woman' to serve as an assistant at a polling
station to assist women voters and also to assist the Presiding Officer
generally in taking the polling in respect of women voters, and, in particular,
to help in searching any women voters in case it becomes necessary. (1)
The Presiding Officer may
employ at the polling station such persons, as he thinks fit, to help in the
identification of the voters or to assist him otherwise in taking a poll. (2)
As each voter enters the
polling station, the Presiding Officer or the Polling Officer, authorised by
him in this behalf, shall check the voter's name and other particulars with the
relevant entry in the list of voters and then call out the serial number, name
and other particulars of the voter. (3)
In deciding the right of a
person to obtain a ballot paper, the Presiding Officer or the Polling Officer,
as the case may be shall overlook merely clerical or printing errors, in an
entry in the list of voters, if he is satisfied that such person is identical
with the voter to whom such entry relates. (1)
Any candidate, election
agent or polling agent may challenge the identity of a person claiming to be a
particular voter by first depositing a sum of Rs. 2/- in cash with the
Presiding Officer for each such challenge. (2)
On such deposit being made,
the Presiding Officer shall - (a)
warn the person challenged
of the penalty for personation; (b)
read the relevant entry in
the list of voters in full and ask him whether he is person referred to in that
entry; (c)
enter his name and address
in the list of challenged votes in Form XI, [84][*
* *] and (d)
require him to affix his
signature in the said list. (3)
The Presiding Officer shall
thereafter hold a summary inquiry into the challenge and may for that purpose- (a)
require the challenger to
adduce evidence in proof of the challenge and the person challenged to adduce
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 inquiry, the
Presiding Officer considers that the challenge has not been established, he
shall allow the person challenged to vote; and if he considers that the
challenge has been established, he shall debar the person challenged from
voting. (5)
If the Presiding Officer is
of the opinion that the challenge is frivolous or has not been made in good
faith, he shall direct that the deposit made under sub-rule (1) be forefeited
to the Council, and in any other case, he shall return it to the challenger at
the conclusion of the inquiry. (1)
With a view to preventing
personation of voters, every voter about whose identity the Presiding Office or
the polling officer, as the case may be, is satisfied, shall allow his left
forefinger to be inspected by the Presiding Officer or the polling officer and
an indelible ink mark to be put on it. (2)
If any voter refuses to
allow his left forefinger to be inspected or marked in accordance with sub-rule
(1) or has already such a mark on his left forefinger or does any act with a
view to removing the ink mark, he shall not be supplied with any ballot paper
or allowed to vote. (3)
Any reference in this rule to
the left forefinger of a voter shall, in the case where the voter has his left
forefinger missing, be construed as a reference to any other finger of his left
hand and shall, in the case where all the fingers of his left hand are missing,
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 construed as reference to such extremity of his left or right arm
as he possesses. (1)
No ballot paper shall be
issued to any voter before the hour fixed for the commencement of the poll. (2)
No ballot paper shall be
issued to any voter after the hours fixed for the closing of the poll, except
to those voters who are present at the polling station at the time of the
closing of the poll. Such voters shall be allowed to record their votes even
after the poll closes. (3)
[85][
Every ballot paper shall, before it is issued to a voter and the counterfoil
attached to such ballot paper, be stamped on the back with such distinguishing
mark as [86][State
Election Commissioner or an officer authorised by the State Election
Commissioner] may direct, and every ballot paper shall, before such issue, be
signed in full on its back by the. Presiding Officer. (4)
At the time of issuing a
ballot paper to a voter, the Polling Officer shall - (a)
record on its counterfoil
the serial number of the voter as entered in the marked copy of the list of
voters; (b)
obtain the signature of
thumb impression of that voter on the said counterfoil; and (c)
mark the name of the voter
in the marked copy of the list of voters to indicate that a ballot paper has
been issued to him, without, however recording therein the serial number of the
ballot paper issued to that voter : Provided that, no
ballot paper shall be delivered to a voter unless he has put his signature or
thumb impression on the counterfoil of that ballot paper. (5)
No person in the polling
station shall note down the serial number of the ballot paper issued to a
particular voter.] (1)
The voter on receiving the
ballot paper shall forthwith - (a)
proceed to one of the
polling compartments; (b)
there make a mark on the
ballot paper with the instrument supplied for the purpose on or near the symbol
of the candidate for whom he intends to vote; (c)
fold the ballot paper so as
to conceal his vote; (d)
if required, show to the
Presiding Officer the distinguishing mark on the ballot paper; (e)
insert the folded ballot
paper into the ballot box; and (f)
quit the polling station. (2)
Every voter shall vote
without undue delay. (3)
No voter shall be allowed to
enter a polling compartment when another voter is inside it. (1)
If the Presiding Officer is
satisfied that owing to blindness or other physical infirmity, a voter is
unable to recognise the symbols on the ballot paper or to make a mark thereon
without assistance, the Presiding Officer shall permit the voter to take with
him a companion of not less than twenty-one years of age to the voting
compartment for recording the vote on the ballot paper on his behalf and in
accordance with his wishes, and, if necessary, for folding the ballot paper so
as to conceal the vote and inserting it into the ballot box : Provided that, no
person shall be permitted to act as the companion of more than one voter at any
polling station on the same day : Provided further
that, before any person is permitted to act as the companion of a voter on any
day under this rule, he shall be required to declare that he will keep secret
the vote recorded by him on behalf of the voter and that he has not already
acted as the companion of any other voter at any polling station on that day, (2)
The Presiding Officer shall
keep a record in Form XI-A-1 [88][*
* *] of all cases under this rule]. (1)
A voter who has
inadvertently dealt with his ballot paper in such a manner that it cannot be
conveniently used as a ballot paper may, on returning it to the Presiding
Officer and on satisfying him of the inadvertence, be given another ballot
paper, and the ballot paper so returned shall be marked
"Spoilt-cancelled" by the Presiding Officer. (2)
If a voter after obtaining a
ballot paper decides not to use it, he shall return it to the Presiding
Officer, and the ballot paper so returned shall be marked as
"Returned-cancelled" by the Presiding Officer. (3)
All ballot papers cancelled
under sub-rule (1) or sub-rule (2) shall be kept In a separate packet. (1)
If a person representing
himself to be a particular voter applies for a ballot paper after another
person has already-voted as such voter, he shall, on satisfactorily answering
such questions relating to his identity as the Presiding Officer may ask, be
entitled, subject to the following provisions of this rule, to mark a ballot
paper (hereinafter in these rules referred to as a "tendered ballot
paper") in the same manner as any other voter. (2)
Every such person shall,
before being supplied with a tendered ballot paper, sign his name against the
entry relating to him in a list in Form XII [89][*
* *] (3)
A tendered ballot paper
shall be the same as the other ballot papers used at the polling station,
except that it shall be,- (a)
serially the last in the bundle
of ballot papers issued for use at the polling station; and (b)
endorsed on the back with
the words "tendered ballot paper" by the Presiding Officer in his own
hand and signed by him. (4)
The voter, after marking a
tendered ballot paper in the polling 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 kep for the purpose. (1)
The Presiding Officer shall
close a polling station at the hour fixed in that behalf under rule 4 and shall
not thereafter admit any voter into the polling station : Provided that, all
voters present at the polling station before it is closed shall be allowed to
cast their votes. (2)
If any question arises whether
a voter was present at the Polling Station before it was closed, it shall be
decided by the Presiding Officer and his decision shall be final. (1)
As soon as practicable after
the closing of the poll, the Presiding Officer shall, in the presence of any
candidates or their election or polling agents, if in attendance, close the
slit of the ballot box, and where the ballot box does not contain any
mechanical device for closing the slit, he shall seal up the slit and also
allow any polling agent present to affix his seal. (2)
The ballot box shall
thereafter be sealed and secured. (3)
Where it becomes necessary
to use a second ballot box by reason of the first box getting full, the first
box shall be closed, sealed and secured as provided in sub-rules (1) and (2)
before another ballot box is put into use. (1)
[90]The
Presiding Officer shall, at the close of the poll, prepare a ballot paper
account in Form XIII [91][*
* *] and enclose it in a separate cover with the words "Ballot Paper
Account" superscribed thereon. (2)
[92]The
Presiding Officer shall permit a polling agent who so desires to take a true
copy of the entries made in the ballot paper account and shall attest it as
true copy.] (1)
The Presiding Officer shall
then make into separate packets,- (a)
the marked copy of the list
of voters; (b)
the unused ballot papers; (c)
the cancelled ballot papers; (d)
the cover containing the
tendered ballot papers and the list of tendered ballot papers; (e)
the list of challenged
votes; and (f)
any other papers directed by
the Returning Officer to be kept in a sealed packet. (2)
Each such packet shall be
sealed with the seals of the Presiding Officer and of those polling agents
present who may desire to affix their seals thereon. (1)
The Presiding Officer shall
then deliver or cause to be delivered to the Returning Officer at such place as
the Returning Officer may direct,- (a)
the ballot boxes; (b)
the ballot paper account; (c)
the sealed packets referred
to in rule 44; and (d)
all other papers used at the
poll. (2)
The Returning Officer shall
make adequate arrangements for the safe transport of all ballot boxes, packets
and other papers and for their safe custody unit the commencement of the
counting of votes. (1)
If at an election, the
proceedings at any polling station for the poll are interrupted or obstructed
by any riot or open violence, or if, at an election, it is not possible to take
the poll at any polling station on account of any natural calamity, or any
other sufficient cause, the Returning Officer or the Presiding Officer for such
polling station shall announce an adjournment of the poll to a date to be fixed
later, and where the poll is so adjourned by the Presiding Officer, he shall
forthwith inform the Returning officer concerned. (2)
Whenever a poll is adjourned
under sub-rule (1), the Returning Officer shall, immediately report the
circumstances to the [93][State
Election Commissioner or an officer authorised by the State Election
Commissioner] who shall, as soon as may be, fix the day on which the poll shall
recommence and fix the polling station at which and the hours during which, the
poll shall be taken. The Returning Officer shall not count the votes cast at
such election, until such adjourned poll shall have been completed. (3)
In every such case as
aforesaid, the [94][State
Election Commissioner or an officer authorised by the State Election
Commissioner] shall publish the date, place and hours of the poll fixed under
sub-rule (2) in the manner laid down in rule 4; and the provisions of these
rules governing the original poll shall mutatis mutandis apply to the fresh
poll taken under this rule. (1)
If the poll at any polling
station is adjourned under rule 46, the provisions of rules 42 to 45 (both
inclusive) shall, as far as practicable, apply, as if the poll was closed at
the hour fixed in that behalf under rule 4. (2)
When an adjourned poll is
recommenced under sub-rule (2) of rule 46, the voters who have already voted at
the poll so djourned shall not be allowed to vote again. (3)
The Returning Officer shall
provide the Presiding Officer of the polling station at which such adjourned
poll is held, with the sealed packet containing the marked copy of the list of
voters and a new ballot box. (4)
The Presiding Officer shall
open the sealed packet in the presence of the polling agents present and use
the marked copy of the list of voters for recording the serial numbers of the
ballot papers issued to voters at the adjourned poll. (5)
The provisions of rules 26
to 45 (both inclusive) shall apply in relation to the conduct of an adjourned
poll as they apply in relation to the poll before it was so adjourned. (1)
If at any election,- (a)
any ballot box used at a
polling station is unlawfully taken out of the custody of the Presiding Officer
or the Returning Officer, or is accidentally or intentionally destroyed or
lost, or is damaged or tampered with, to such an extent, that the result of the
poll at that polling station cannot be ascertained, or (b)
any such error or
irregularity in procedure as is likely to vitiate the poll is committed at a
polling station, the Returning Officer shall forthwith report the matter to the
[95][State
Election Commissioner or an officer authorised by the State Election
Commissioner]. (3)
Thereupon, the [96][State
Election Commissioner or an officer authorised by the State Election
Commissioner] shall, after taking all material circum stances into account,
either- (a)
declare the poll at that
polling station to be void, appoint a day, and fix the hours, for taking a
fresh poll at that polling station and notify the day so appointed and the
hours so fixed in such manner as he may deem fit, or (b)
if satisfied that the result
of a fresh poll at that polling station will not, in any way, affect the result
of the election or that the error or irregularity is not material, issue such
directions to the Returning Officer as he may deem proper for the further
conduct and completion of the election. (4)
The provisions of the Act
and of any rules or orders made thereun der shall apply to every such fresh
poll as they apply to the original poll. At every election
where a poll is taken, votes shall be counted by, or under the supervision and
direction of, the Returning Officer, and each contesting candidate, his
election agent and his counting agents shall have right to be present at the
time of counting. (1)
The Returning Officer shall
exclude from the place fixed for counting of votes all persons except- (a)
such persons as he may
appoint to assist him in the counting; (b)
persons authorised by the [97][State
Election Commissioner or an officer authorised by the State Election
Commissioner]; (c)
public servants on duty in
connection with the election; and (d)
candidates, their election
agents and counting agents. (2)
No person who has been
employed by or on behalf of, or has been otherwise working for, a candidate in
or about the election shall be appointed under clause (a) of sub-rule (1). (3)
The Returning Officer shall
decide which counting agent or agents shall watch the counting at any
particular counting table or group of counting tables. (4)
Any person, who during the
counting of votes misconducts himself or fails to obey the lawful directions of
the Returning Officer, may be removed from the place, where the votes are being
counted by the Returning Officer or by any police officer on duty or by any
person authorised in this behalf by the Returning Officer. The Returning Officer
shall, before he commences the counting, read out the provisions of section 29
to such persons as may be present. (1)
[98][The
Returning Officer shall,3- (i)
open or cause to be opened
simultaneously the ballot box or boxes used at more than one polling station;
and (ii)
[99][have
the papers counted and recorded in Part-II of Form XIII]. [100][(1-A)
Discrepancy, if any, between the total number of such ballot papers recorded as
aforesaid and the total number of ballot papers in the ballot box [101][shall
also be recorded in Part-II of the Form XIII]. (2)
Before any ballot box is
opened at a counting table, the counting agents present at that table shall be
allowed to inspect the paper seal or such other seal as might have been affixed
thereon and to satisfy themselves that it is intact. (3)
The Returning Officer shall
satisfy himself that none of the ballot boxes has in fact, been tampered with. (4)
If the Returning Officer is
satisfied that any ballot box has, in fact, been tampered with, he shall not
count the ballot papers contained in that box and shall follow the procedure
laid down in rule 48 in respect of that polling station. (1)
The ballot papers taken out
of each ballot box shall be arranged in convenient bundles and scrutinised. (2)
The Returning Officer shall
reject a ballot paper,- (a)
if it bears any mark or
writing by which the voter can be identified; or (b)
If no vote is recorded
thereon; or (c)
if votes are given on it in
favour of more than one candidate; or (d)
if the mark indicating the
vote thereon is placed in such manner as to make it doubtful to which candidate
the vote has been given; or (e)
if it is a spurious ballot
paper; or (f)
if it is so damaged or
mutilated that its identity as a genuine ballot paper cannot be established; or (g)
if it bears a serial number
or is of a design, different from the serial numbers or, as the case may be,
design of the ballot papers authorised for use at the polling station; or (h)
if it does not bear the mark
which it should have borne under the provisions of sub-rule (3) of rule 36 : Provided that,- (i)
where a Returning Officer is
satisfied that any such defect as is mentioned in clause (g) or (h) has been
caused by any mistake or failure on the part of the Presiding Officer or the
polling officer, the ballot paper shall not be rejected merely on the ground of
such defect; (ii)
a ballot paper shall not be
rejected merely on the ground that the mark indicating the vote is indistinct
or made more than once, if the intention that the vote shall be for a
particular candidate clearly appears from the way the paper is marked. (3)
Before rejecting any ballot
paper under sub-rule (2), the Returning Officer shall allow each counting agent
present a reasonable opportunity to inspect the ballot paper but shall not
allow him to handle it or any other ballot paper. (4)
The Returning Officer shall
record on every ballot paper which he rejects the letter 'R' and the grounds of
rejection in abbreviated form either in his own hand or by means of a rubber
stamp. (5)
All ballot papers rejected
under this rule shall be bundled together. (1)
Ballot papers, which are not
rejected under rule 53 shall be taken for counting. (2)
The votes recorded in favour
of each candidate shall be counted with the aid of persons appointed to assist
the Returning officer under clause (a) of sub-rule (1) of rule 50. (3)
Counting shall be subject to
such general or special directions, if any, as may be given by the Director in this
behalf : [103][Provided
that, no cover containing tendered ballot papers shall be opened and no such
paper shall be counted]. (4)
After the counting of all
ballot papers for the Councillors' election contained in all the ballot boxes
used in a polling station has been completed, the Returning Officer shall make
the entries in a result sheet in Form XIV and announce the particulars. The
valid ballot papers shall, thereafter, be bundled together and kept alongwith
the bundle of rejected ballot papers but in a separate packet, which shall be
sealed after recording thereon the following particulars, namely :- (a)
The name of the Council; (b)
The name and number of the
ward and against it the name and number of the polling station; and (c)
The date of counting. (5)
[104][***] The Returning Officer
shall, as far as practicable, proceed continuously with the counting of votes
and shall, during any intervals when the counting has to be suspended, keep the
ballot papers, packets and other papers relating to the election sealed with
his own seal and the seals of such candidates or election or counting agents as
may desire to affix their seals and shall cause adequate precautions to be
taken for their safe custody during such intervals. (1)
If a fresh poll is held
under rule 48, the Returning Officer shall, after completion of that poll,
recommence the counting of votes on the date and at the time and place which
have been fixed by the [105][State
Election Commissioner or an officer authorised by the State Election
Commissioner] in that behalf and of which notice has been previously given to
the candidates and their election agents. (2)
The provisions of rules 53
and 54 shall apply, so far as may be, to such further counting. (1)
After the completion of the
counting, the Returning Officer shall record in the result sheet in Form XIV [106][**]
the total number of votes polled by each candidate and announce the same. (2)
After such announcement has
been made, a candidate or, in his absence, his election agent may, apply in
writing to the Returning Officer for a re-count of all or any of the ballot
papers already counted stating the grounds on which he demands such re-count. (3)
On such an application being
made, the Returning Officer shall decide the matter and may allow the
application, in whole, or in part, or may reject it in toto if it appears to
him to be frivolous or unreasonable. (4)
Every decision of the
Returning Officer under sub-rule (3) shall be in writing and contain the
reasons therefor. (5)
If the Returning Officer
decides under sub-rule (3) to allow an application, either in whole or in part,
he shall,- (a)
count the ballot papers
again in accordance with his decision; (b)
amend the result sheet in
Form XIV [107][*
* *] to the extent necessary after such re-count; and (c)
announce the amendments so
made by him. (6)
After the total number of
votes polled by each candidate has been announced under sub-rule (1) or
sub-rule (5), the Returning Officer shall complete and sign the result sheets
in Form XIV. [108][*
* *] and no application for a re-count shall be entertained thereafter : Provided that, no
step under this sub-rule shall be taken on the completion of the counting until
the candidates and election agents present at the completion thereof hav been
given a reasonable opportunity to exercise the right conferred by sub-rule (2). If, after the
counting of the votes is completed, an equality of votes 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 candi dates by lot, and proceed as if the candidate on whom the
lot falls had received an additional vote. The Returning Officer
shall declare the results of the elected candidates seatwise. The result of
each seat shall be declared separately. The candidate who has secured highest
number of valid votes shall be declared elected from particular seat. The
Returning Officer shall then complete and certifiy the return of election in
Form XV send signed copies thereof to the State Election Commission or an
officer authorised by the State Election Commissioner as soon as possible.] The Returning Officer
shall retain in his custody the packets referred to in rule 44 and all other
documents relating to the election. (1)
While in the custody of the
Returning Officer,- (a)
the packets of unused ballot
papers; (b)
the packets of used ballot
papers whether valid, tendered or rejected; (c)
the packets of marked copies
of the list of voters; shall not be opened and their contents shall not be
inspected by, or produced before, any person or authority, except under the
order of a competent court. (2)
All other papers relating to
the election shall be open to public inspection. (1)
The packets referred to in
sub-rule (1) of rule 61 shall be retained for a period of one year and shall
thereafter be destroyed, subject to any direction to the contrary given by the [110][State
Election Commissioner] or by a competent court. (2)
All other papers relating to
the election shall be retained, until the termination of the next general
election for the ward to which they relate and shall thereafter be destroyed,
subject to any direction to the contrary given by the [111][State
Election Commissioner] or a competent court. Whenever a report is
received by the [112][State
Election Commissioner] or an officer authorised by the State Election
Commissioner] from the Chief Officer under sub-section (2) of section 48 of a
vacancy in the office of Councillor [113][*
* * ] [114][the
[115][State
Election Commissioner] shall after verifying and satisfying himself that there
is a casual vacancy, fix a date], as soon as conveniently may be, for holding
by-election to fill the vacancy and the provisions of these rules shall
thereupon mutatis mutandis apply accordingly. All expenses in
relation to holding of any election under the Act shall be payable by the
Municipal Council from the municipal fund. [1] Inserted by G.N.
of 26,10.1994. [2] Substituted,
ibid. [3] Substituted,
ibid. [4] Inserted by G.N.
of 26,10.1994. [5] Inserted by G.N.
of 6.12.1980. [6] Deleted by G.N.
of 4.3.1977. [7] Substituted by
G.N. of 21.9.2001. [8] Inserted by G.N. of 26,10.1994. [9] Sub-rule (5) was substituted by G. N. of
21.9.2001. [10] Explanation was
deleted, ibid, [11] Inserted by G.N.
of 26,10.1994. [12] Substituted by
G.N. of 26.10.1994. [13] Deleted by G.N.
of 16.7.1981. [14] Substituted by
G.N. of 22.8.1974. [15] Substituted by
G.N. of 6.12.1980. [16] Substituted by
Mah. 44 of 1994. [17] Deleted by G.N.
of 26.10.1994. [18] Substituted by
G.N. of 26.10.1994. [19] Substituted by
G.N. of 6.12.1980. [20] Deleted by G.N.
of 26.10.1994. [21] Substituted by
G.N. of 26.10.1994. [22] Substituted by
G.N. of 6.12.1980. [23] Deleted by G.N.
of 26.10.1994. [24] Substituted by G.N. of 22.8.1974. [25] Substituted by
G.N. of 26.10.1994. [26] Substituted by
Mah. 5 of 1995. [27] Substituted by
G.N. of 26.10.1994. [28] Inserted by G. N. of 13.4.1967. [29] Deleted by G.N.
of 16.7.1981. [30] Substituted by
Mah. 5 of 1995. [31] Substituted by
G.N. of 26.10.1994. [32] Substituted by
Mah. 5 of 1995. [33] Inserted by G.N.
of 16.11.1973. [34] Substituted by
G.N. of 26.10.1994. [35] Substituted by
G.N. of 26.10.1994. [36] Substituted by
G.N. of 26.10.1994. [37] Substituted by
G.N. of 26.10.1994. [38] Inserted by G.
N. of 10.12.1973. [39][39] Deleted by G.N. of 16.7.1981. [40] Deleted by G. N.
of 6.7.1979. [41] Substituted by
G. N. of 10.12.1973. [42] Substituted by
G.N. of 21.9.2001. [43] Inserted, ibid. [44] Substituted by
G.N. of 21.9.2001. [45] Deleted by G.N.
of 16.7.1981. [46] Deleted by G.N.
of 16.7.1981. [47] Substituted by
G.N. of 26.10.1994. [48] Deleted by G.N.
of 16.7.1981. [49] Substituted by
G.N. of 16.10.1969. [50] Deleted by G.N.
of 16.7.1981. [51] Deleted by G.N. of 16.7.1981. [52] Substituted by
G.N. of 21.9.2001. [54] Inserted by G.
N. of 16.10.1969. [55] Substituted by
G.N. of 6.12.1980. [56] Inserted by G.
N. of 16.10.1969. [57] Substituted by G.N. of 16.10.1969. [58] Substituted by G.N. of 16.10.1969. [59] Deleted, ibid. [60] Substituted by G.N. of 16.10.1969. [61] Inserted by G. N.
of 16.10.1969. [62] Substituted by
G. N. of 26.4.1967. [63] Substituted by
G. N. of 26.4.1967. [64] Substituted by
G. N. of 21.10.1991. [65] Substituted by
G. N. of 16.11.1990. [66] Substituted by
G. N. of 16.11.1990. [67] Substituted by G.N. of 21.9.2001. [68] Deleted by G.N.
of 16.7.1981. [69] Inserted by G.
N. of 26.4.1967. [70] Deleted by G.N.
of 16.7.1981. [71] Substituted by G. N. of 4.3.1977. [72] Deleted by G.N.
of 16.7.1981. [73] Substituted by
G. N. of 4.3.1977. [74] Deleted by G.N. of 16.7.1981. [75] Deleted by G.N.
of 16.7.1981. [76] Substituted by
G.N. of 26.10.1994. [77] Deleted by G.N.
of 16.7.1981. [78] Deleted by G.N.
of 16.7.1981. [79] Substituted by
G.N. of 26.10.1994. [80] Substituted by
G.N. of 21.9.2001. [81] Substituted by
G. N. of 13.4.1967. [82] Substituted by
G. N. of 16.7.1981. [83] Substituted by
G.N. of 26.10.1994. [84] Deleted by G.N.
of 16.7.1981. [85] Substituted by
G.N. of 6.12.1980. [86] Substituted by
G.N. of 26.10.1994. [87] Substituted by
G.N. of 6.12.1980. [88] Deleted by G.N.
of 16.7.1981. [89] Deleted by G.N.
of 16.7.1981. [90] Re-numbered by G. N. of 6.12.1980. [91] Deleted by G.N.
of 16.7.1981. [92] Inserted, ibid. [93] Substituted by
G.N. of 26.10.1994. [94] Substituted by
G.N. of 26.10.1994. [95] Substituted by
G.N. of 26.10.1994. [96] Substituted by
G.N. of 26.10.1994. [97] Substituted by
G.N. of 26.10.1994. [98] Substituted by
G. N. of 6.11.1974. [99] Substituted by
G. N. of 12.10.1983. [100] Substituted by G. N. of 6.11.1974. [101] Substituted by G. N. of 12.10.1983. [102] Substituted by G. N. of 6.11.1974. [103] Substituted by
G. N. of 12.10.1983. [104] Deleted, ibid. [105] Substituted by
G.N. of 26.10.1994. [106] Deleted by G.N.
of 16.7.1981. [107] Deleted by G.N.
of 16.7.1981. [108] Deleted by G.N.
of 16.7.1981. [109] Substituted by G.N. of 21.9.2001. [110] Substituted by
G.N. of 26.10.1994. [111] Substituted by G.N.
of 26.10.1994. [112] Substituted by
G.N. of 26.10.1994. [113] Deleted by G.N.
of 16.7.1981. [114] Substituted by G.N. of 13.7.1972. [115] Substituted by
G.N. of 26.10.1994. [116] Inserted by G.N.
of 5.6.1970.THE MAHARASHTRA 1[MUNICIPAL
COUNCILS AND NAGAR PANCHAYATSL] ELECTION RULES, 1966
PREAMBLE