THE
ORISSA PANCHAYAT SAMITI ELECTION RULES, 1991
PREAMBLE
The 4th December,
1991-Whereas the draft of certain rules was published as required by
Sub-section (1) of Section 57 of the Orissa Psnchayat Samiti Act, 1959 (Orissa
Act 7 of 1960), in the extraordinary issue No. 1231, dated the 9th October,
1991 of the Orissa Gazette under the notification of the Government of Orissa
in the Panchayati Raj (Grama Panchayat, Department No. 18082 G.P., dated the
8th October, 1991 bearing S.R.O. No 803/91, inviting objections and suggestions
from all persons likely to be affected thereby till the expiry of a period of
fifteen days from the date of publication of the said notification in the
Orissa Gazette;
And whereas, objections
and suggestions have been received and duly considered by the State Government.
Now, therefore, in
exercise of the powers conferred by Section 57 of the said Act, the State
Government do hereby make the following (sic) namely :
PART-I
Rule - 1. Short title and commencement.
(1)
These rules may be called the
Orissa Panchayat Samiti Election Rules, 1991.
(2)
They shall come into force on
such date, as the State Government may be notification, appoint.
Rule - 2. Definitions.
(1)
In these rules, unless the
context otherwise requires-
(a)
"Act" means the Orissa
Panchayat Samiti Act, 1959;
[(b)
"Ballot box" means, any box, bag or any other receptacle of such
design and specification as the Commissioner may decide, used for receiving
ballot papers in the course of polling at a polling station, and be so
constructed that ballot papers can be inserted through an opening without
affecting the secrecy of voting but the ballot papers cannot be removed without
opening, breaking or otherwise tampering "the ballot box";
(c)
"Block Development Officer"
means an officer appointed as such for the Block under Section 15-A of the Act;
(d)
"clear days" includes Sundays
and holidays but does not include the day of the meeting and the day of the
issue of notice;
[(d-1)"Commissioner"
means the State Election Commissioner appointed under "Article 243-K of
the Constitution];
[(e)
"Election Officer" means, unless the Commissioner otherwise directs
the Collector of the district or other officer authorised by him by a general
or special order to exercise all or any of the duties of an Election Officer
under these rules];
(f)
"Form" means a form appended
to these rules;
(g)
"Grama Panchayat Act" means
the Orissa Grama Panchayats Act, 1964 (Orissa Act 1 of 1965);
(h)
"Panchayats Election Rules"
means the Orissa Grama Panchayats Election Rules, 1965:
(i)
"Parishad" means the Zilla
Parishad constituted under the Zilla Parishad Act, 1991;
(j)
"Polling Agent" means a
person duly authorised by a contesting candidate to attend on his behalf the
polling of votes at one or more polling stations or places specified for
counting of votes;
(k)
"Polling Officer" means the
person appointed by the Election, Officer to assist him or the Presiding
Officer for conducting the elections of one or more polling stations;
(l)
"Polling Station" means the
place fixed by the Election Officer for conduct of the poll in respect of
election of members of the Samiti;
(m)
"Presiding officer" means any
person appointed by the Election officer at one or more polling stations
located within the area of the Panchayat Samiti;
(n)
"Member of Samiti" means a
member elected under Section 16(1)(h)of the Act;
(o)
"Samiti Constituency" means
the area from which a Member of Samiti is elected;
(p)
"Sarpanch" means a person
referred to in Section 10 of the Orissa Grama Panchayats Act, 1964;
(q)
"section" means a section of
the Act.
(2)
All other words and expressions
used but not defined herein, unless the context otherwise requires, shall have
the same meaning as respectively assigned to them in the Act.
PART-II GENERAL
Rule - 3. [Eligibility of candidate proposer and seconder.
(1)
No person shall be eligible to
stand for election as a Member of Samiti unless his name finds place in the
electoral roll of amy of the Samiti Constituencies within the Samiti area.
(2)
No person shall be eligible to be
either the proposer or the seconder of a candidate for the election of the
Member of Samiti unless his name finds place in the electoral roll of any of
the Samiti Constituencies within the Samiti area.]
Rule - 4. Date of election.
[(1)
The Government shall, by one or more notification published in the Official
Gazette on such date, or dates as may be recommended by the Commissioner call
upon the Samiti Constituencies to elect members of the Samiti in accordance
with the provisions of the Act and these rules.
(2)
As soon as the notification under
Sub-rule (1) is issued, the Commissioner shall draw up [and
notify] the programme of election and communicate the same to all Election
Officers :
Provided that where the
election of the Samiti is held simultaneously with the Grama Panchayat, the
programme of election of a Member of Samiti should be the same date as that of
the election of a Sarpanch.
(3)
In the programme, drawn up under
Sub-rule (2), the Commissioner shall fix up the date of first meeting of the
Samiti for the purpose of Sub-section (3) of Section 16.
(4)
The date of election fixed under
Sub-rule (2) shall not be altered or deferred save with the prior sanction of
the Commissioner.]
Rule - 5. Election symbol.
The symbols to be used in
the election of the Samiti by the candidates shall be notified by the [Commissioner]
from time to time and the notification under this rule shall be published in
the Orissa Gazette :
Provided that such symbols
shall not, however, include any symbol allotted to the political parties by the
Election Commission of India.
Rule - 6. Electoral roll.
[As
soon as the division and reservation of Constituencies are notified by the Collector
under Sub-section (2-A) of Section 16,/the final electoral roll of every Grama,
prepared under the Panchayat Election Rules comprised within the Samiti
Constituencies including the revision, addition or alteration, if any, together
from the final electoral roll of that Samiti Constituency :
Provided that where the
election of the Member of the Samiti is held separately than that of the
election of the Gramas the procedures laid down for preparation and final
publication of electoral roll under the Panchayat Election Rules shall apply
mutatis mutandis for the preparation and final publication of electoral roll in
respect of election of the Member of the Samiti.
Rule - [7.
[* * *]
[PART-II-A] DIVISION AND RESERVATION OF SAMITI
CONSTITUENCIES
Rule - 7-A.
In this part, unless the context otherwise
requires-
(a)
"Constituency"
means a Samiti Constituency; and
(b)
"list"
means the list of Constituencies arranged serially in Oriya alphabetical order
under Clause (c) of Sub-section (2-A) of Section 16.
Rule - 7-B.
(1)
Subject
to the provision of Clause (a) of Sub-section (2-A) of Section 16, every Block
shall be divided into Constituencies and the number of Constituencies so
divided shall so far as practicable be equal to the number of Gramas in the
Block.
(2)
The
list shall be prepared in Form No. 19.
Rule - 7-C.
Subject to the directions, if any, issued by the
Governor of Orissa under paragraph 5 of the Fifth Schedule to the Constitution
of India, out of the Constituencies left in the list for candidates, other than
those reserved for the Scheduled Castes, and Scheduled Tribes, reservation of
Constituencies for the members of backward class of citizens shall begin
from the Constituency which appears first and shall continue one by one until
the required quota is completed.
Rule - 7-D.
(1)
The
draft statement showing the division and reservation of Constituencies in the
Samiti shall be prepared in Form No.19 and published together with a notice in
Form No. 20 inviting objections and suggestions from all persons interested, within
a period of seven days from the date of such publication, who may submit his
objection or suggestion in writing or may send the same to the Collector by
post.
(2)
Objections
or suggestions received after the period specified under Sub-rule (1) shall not
be considered.
Rule - 7-E.
Objection and suggestion received under Rule 7-D
shall be consolidated constituency-wise and after considering the same, the
Collector shall pass his orders as to whether there shall be any alteration to
be made in respect of any constituency and if so, the extent thereof.
Rule - 7-F.
After making such alteration, if any, under Rule
7-E, the Collector shall publish the final statement of division and
reservation of Constituencies of the Samiti in Form No. 19 within seven days from
the date of expiry of the period prescribed under Rule 7-D.
Rule - [7-G.
The Collector shall submit the list and statement
of constituencies in Form No. 19, together with the list of offices of Chairman
of Samitis including those reserved for the Scheduled Caste, the Scheduled
Tribes, backward class of citizens and women, to the Commissioner by such date
as the Commissioner may fix for the purpose which shall not, unless the
Commissioner otherwise directs, be less than six weeks before the date fixed for
issue of the notification under Sub-rule (1) of Rule 4.'
Rule - 7-H.
(1)
On
receipt of the report from the Election Officer under Sub-rule (11) of Rule 11
regarding failure of election for second time on the ground that no person
belonging to any particular category, for which the seat of the member has been
reserved is available in the voter lis; of any of the Samiti Constituencies in
the Block, even for nomination under Sub-section (1), of Section 45-C, the
Collector shall send his recommendation as required under Sub-section (2) of
the said section to the Government for dereservation of such seat.
(2)
The
recommendation of the Collector shall comprise the following, namely :
(i)
working
copy of the voter list of all the Samiti Constituencies in the Block;
(ii)
copy
of Form No. 19 showing the reservation status of the membership;
(iii)
a
certificate to be signed jointly by the Election Officer and the Collector in
the following form :
"Certified that we have carefully verified the
voter list of all the Samiti Constituencies of the Block and found that no
person belonging to the reserved category is available in the said voter lists
f6r nomination under Sub-section (1) of Section 45-C.
We, therefore, recommend that the seat of the
Samiti Member of Samiti Constituency under Block be dereserved under
Sub-section (2) of the said section.
|
Election
Officer
|
Collector
|
(3)
On
receipt of the recommendation from the Collector under Sub-rule (1), the voter
lists shall be scrutinised and after having been satisfied on the correctness
of the recommendation of the Collector, the Government shall dereserve the seat
under Sub-section (2) of Section 45-C by publishing a notification to that
effect.
(4)
Copy
of the notification published under Sub-rule (3), shall forthwith be
communicated to the Commissioner for filling up the seat by fresh election and
a copy of such notification shall also be forwarded to the Collector,
Sub-Collector, Election Officer and the concerned Block.]
PART-III ELECTION OF MEMBERS OF
PANCHAYAT SAMITI
Rule - 8. Inviting of names.
(1)
The Election Officer shall, at
least [four weeks] before the
date fixed for election, issue-
(a)
a notice in Form No. 3 calling
for names of candidates for the office of the Member of Samiti from every
Samiti Constituency and specifying the date, time and place of filling
nominations; and
[(b)
* * *]
(2)
Notices issued under Sub-rule (1)
shall be published in the notice board of each of the Grama Panchayats of the
concerned Samiti, the Panchayat Samiti Office/Sub-Collector's Office and also
in the notice board of the Collector.
Rule - 9. Presentation of nomination paper.
A nomination can be
presented to the Election Officer at the appointed date, time and place
specified in the notice either by the candidate himself or his proposer or
seconder.
Rule - 10. Supply of forms.
The Election Officer shall
arrange for supply of forms relating to the election of the Members of Samiti
at the office of the Block concerned.
Rule - 11. Deposit of money.
(1)
On the date appointed for
presentation of the nomination papers, a candidate wishing to stand for
election for the Member of Samiti, unless he is a Member of the Scheduled
Tribes or the Scheduled Castes shall deposit or cause to be deposited with the
Election Officer in cash, a sum of rupee one hundred.
(2)
If the candidate is a Member of
the Scheduled Tribes or the Scheduled Castes the amount of deposit shall be
rupees fifty.
(3)
The Election Officer shall grant
a receipt in Form No. 5 for the amount so deposited.
(4)
No candidate shall be eligible to
contest in the election as a Member of Samiti in respect of whom such deposit
has not been made.
(5)
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 under Sub-rule
(15) or if the nomination of any such candidate is rejected, the money
deposited shall be returned to the candidate on whose behalf it was made or to
any other person authorised by him in this behalf.
(6)
If a candidate by whom or on
whose behalf the deposit referred to Sub-rules (1) or (2) as the case may be,
has been made is not elected and the number of votes polled by him does not
exceed one-sixth of the total number of votes polled, the deposit shall be
forfeited to the State Government.
Explanation-The total
number of votes polled shall be deemed to be the number of ballot papers, other
than spoilt ballot papers, counted.
(7)
The deposit made in respect of a
candidate who is elected, or has polled more than one-sixth of the total number
of vote polled, shall be returned to him immediately after the result of the
election is published.
(8)
A deposit required to be returned
to any person under Sub-rule (5) or Sub-rule (7) shall if such person is dead,
be returned to his legal heir.
(9)
Notwithstanding anything
contained in this rule, a deposit made under Sub-rule (1) or Sub rule (2) as
the case may be, shall not be returned unless a claim therefor is preferred by
the person on whose behalf the deposit is made or by his legal representative,
as the case may be, within six months from the date of declaration of the
result of the election by the Election Officer.
(10)
The Election Officer shall, at
the appointed time, date and place receive the nomination papers in Form No. 6
and scrutinise them in the presence of the candidates or their proposers.
If the Election Officer
finds that the candidates do not suffer from any disqualification under Section
45 of the Act, he shall accept their nomination as valid. Objections, if any,
filed in the course of scrutiny shall be enquired into summarily by the
Election Officer and his decision accepting or rejecting the nomination papers
shall be endorsed on the body of the nomination papers.
(11)
If no nomination is filed or if
all the nominations filed are rejected, a notice for fresh election shall be
issued and if no nomination is filed or all the nominations are rejected for
the second time, the Election Officer shall report the matter to Government
through the Collector for nomination of a person under Section 45-C.
(12)
If after scrutiny under Sub-rule
(10) or after withdrawal of candidature under Sub-rule (15) there is only one
candidate duly nominated for election of the Member of Samiti, there shall be
no poll and the Election Officer shall immediately declare in Form No. 7 the
name of such person to have been duly elected uncontested.
(13)
(a) In case of a contest, the
Election Officer shall immediately after the scrutiny, prepare a list of the
validly nominated candidates in Form No. 8 and arrange them in alphabetical
order in Oriya.
(b) [
* * *]
(c) In case the number of
contesting candidates exceeds the number of symbols specified by the Government,
the Election Officer may allot any other symbol to the candidates :
Provided that such
additional symbols shall not, however include any symbols allotted to the
political parties by the Election Commission of India.
(d) The symbol so assigned
to each candidate shall also be indicated in the list in Form No. 9.
(14)
A list of the validly nominated
candidates for the election of the Member of Samiti shall be published in the
notice boards of the Election Officers and the Samiti concerned in Form No.
8 [at
least [three weeks] before the
date fixed for election.]
(15)
A validly nominated candidate
contesting for the Member of Samiti may withdraw his candidature by presenting
a written application in person in Form No. 10 to the Election Officer within
forty-eight hours after the nomination papers have been scrutinised and the
list of validly nominated candidates has been prepared and published under
Sub-rule (14).
[Provided
that the Election Officer shall verify the signature of the candidate before
allowing the candidature to be withdrawn.]
[(16)
After withdrawal of candidature under Sub-rule (15), the final list of
contesting candidates along with allotment symbol to each of them shall be
published by the Election Officer in Form No. 8 in the notice boards of the
Election Officer, Panchayat Samiti and the Grama Panchayat concerned at least
two weeks before the date fixed for election.]
PART – IV POLLING ARRANGEMENT
Rule - 12. Location of Polling Station.
(1)
The polling station for a Ward of
a Grama Sasan within the Samiti Constituency shall be located within the area
of that Ward :
Provided that the Election
Officer may, if necessary, have a single polling station for the more than one
ward.
(2)
Inside the polling station, there
shall be an enclosed space which shall be used by voters for making the ballot
papers secretly.
Rule - 13. Presiding and Polling Officer.
(1)
There shall be a Presiding
Officer at each polling station who shall exercise such powers of the Election
Officer as may be delegated to him.
(2)
There may also be such number of
Polling Officers for each polling station according to actual requirement.
Rule - 14. Ballot boxes.
[(1)
The Election Officer shall provide such number of ballot boxes to each polling
station as may be required.]
(2)
The ballot boxes shall be placed in a
polling station in full view of the Presiding Officer at the time of polling.
Rule - 15. Ballot paper.
(1)
Only the printed ballot papers as
contained in Form No. 11 shall be used for the election of the Member of
Samiti.
(2)
The ballot papers for the
election of the Member of the Samiti shall bear the symbols assigned by the
Election Officer to each contesting candidate.
(3)
The ballot papers which bear the
seal and signature of the Presiding Officer of the polling station shall be
issued to the voters.
Rule - 16. Appointment of Polling Agents.
Each contesting candidate
may appoint not more than one Polling Agents to remain present on his behalf at
the polling station during the poll as well as at the time of counting of the
votes.
Rule - 17. Polling hour.
The polling at each
polling station may take place during such hours as may be fixed by the [Commissioner.]
Rule - 18. System of marking ballot papers.
The ballot papers shall be
marked by the voters by means of a rubber stamp bearing [cross
mark].
PART-V CONDUCT OF POLLING
Rule - 19. Supply of forms.
(1)
The Election Officer shall supply
to the Presiding Officer appointed for polling station the following papers,
namely:
(i)
A list of candidates published in
Form No. 8 for the election of the Member of the Samiti;
(ii)
A working copy of the Voters'
list relating to the polling station(s);
(iii)
Another copy of the Voters' list
relating to polling station(s);
(iv)
Required number of ballot papers
in Form No. 11;
(v)
Form No. 12 for recording ballot
paper account;
(vi)
Form No. 9 containing the list of
the contesting candidates and symbols allotted to each of them.
(2)
Where the Election Officer
decides that counting of votes shall be taken up by the Presiding Officer at
the polling station, he shall also-
(i)
authorise in writing, the
Presiding Officer to that effect, and
(ii)
supply Form No. 13 to the
Presiding Officer for recording the result of counting of votes at the polling
station.
Rule - 20. Preparation by Presiding Officer
It shall be the
responsibility of the Presiding Officer to proceed to the polling station well
in advance of the time fixed for the poll and make necessary arrangements, so
as to ensure that polling commences exactly at the time notified by the [Commissioner.]
Rule - 21. Permission to Polling Agents.
(1)
The Presiding Officer shall
examine the authority of the Polling Agents, if any, present, authorised by the
candidates and admit them to the polling station, if he is satisfied that the
authority is valid under these rules.
(2)
If necessary the Presiding Officer
may seek the assistance of respectable persons of the locality to identify the
voters.
Rule - 22. Exhibition of list of candidates.
(1)
One hour before the commencement
of the poll a copy of the list of contesting candidates together with a
description of the symbol assigned to each in Form No. 9 shall be exhibited
prominently to the public at the polling station.
(2)
A notice specifying the area of
the polling station and the date and time of poll shall also be exhibited.
Rule - 23. Verification of ballot box.
Immediately before
commencement of the poll, the Presiding Officer shall demonstrate to the
Polling Agents, if any, are present that the ballot box is empty and is either
locked up or so secured by any device that the ballot papers can be inserted
therein but cannot be removed therefrom except by breaking or otherwise
tampering with the box.
Rule - 24. Voting procedure.
(1)
The polling shall commence
exactly at the appointed hour.
(2)
On arrival of each voter at the
polling station the Presiding Officer shall direct the Polling Officer to check
up his name with reference to the working copy of the voter list furnished by
the Election Officer and shall issue a ballot paper to the voter after a mark
in indelible ink on the left forefinger below the nail is made by the Polling
Officer.
(3)
The Presiding Officer shall
explain to the voters the manner of marking the ballot paper, if necessary.
(4)
The voter shall then proceed to
the enclosed space in the booth and affix [the
cross mark] on the ballot paper secretly with the stamp provided for the
purpose against the symbol of the candidate to whom he wishes to vote.
(5)
After [affixing
the cross mark] the voter shall fold the ballot paper to the inner side so as
to maintain secrecy of the vote and insert the same into the ballot box
intended for the purpose.
(6)
In case of difficulty, the voter
shall approach the Presiding Officer who shall assist the voter in inserting
the ballot paper into the ballot box.
(7)
Any reference in this rule to the
left forefinger of 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 shell in the case where all the fingers of his left hand are missing,
be construed as a reference to the forefinger or, as the case may be, 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 a reference to such extremity of his
left or right arm as he possesses.
Rule - 24-A. [Voting by Electronic Machine.
(1)
The procedure as prescribed in
the Panchayat Election Rules relating to voting [and
counting] by electronic voting machine shall mutatis mutandis apply to the
voting under these rules.
(2)
The forms prescribed for such
voting shall be in Form No. 20-A and 20-B.
(3)
Any reference to ballot box or
ballot paper for such voting shall be construed as and including a reference to
such voting machine.
Rule - 24-B. Voting by a voter on duty.
The procedure for voting
by a voter on duty at the same or another polling station as prescribed in the
Panchayat Election Rules shall mutatis mutandis apply to the voting under these
rules.]
Rule - 25. Marking in the working copy.
After issue of the ballot
papers, the Polling Officer shall tick mark the name of the voter in the
working copy of the voter's list.
Rule - 26. Blind voter.
ln case of a voter who is
physically incapacitated or is blind, the Presiding Officer shall, at the
request of such voter allow him to take a companion to the place set apart for
voting.
Rule - 27. Objection as to the identity of the voters.
(1)
Any contesting candidate or his
Polling Agent may object to the identity of a voter on the ground only that he
is not the person he claims to be as per entry in the voters' list.
(2)
For every such objection a fee of
rupees two shall be deposited with the Presiding Officer.
(3)
The Presiding Officer shall
decide the objection summarily and his decision shall be final.
(4)
If the objection is allowed the
deposit shall be refunded to the person who deposited the amount.
(5)
If the objection is disallowed,
the deposit shall be forfeited [and
a receipt in Form No. 5-A shall be granted by the Presiding Officer to the
person who has made the deposit.]
Rule - 28. Procedure for conducting the poll.
(1)
The Presiding Officer shall so
regulate the entry into the polling station that the polling proceeds in an
orderly manner.
(2)
All voters who appear between the
hours fixed for the poll within the polling station area shall be allowed to
vote.
(3)
No voter shall be admitted inside
the polling station area after the time fixed for closing the polling.
Rule - 29. Polling Officer to act as the Presiding Officer.
When the Presiding Officer
is unable to remain at the polling station temporarily for reasons beyond his
control he shall authorise one of the Polling Officers to act as the Presiding
Officer.
Rule - 30. Procedure for counting of votes.
(1)
After close of the polling in the
polling station, the Presiding Officer shall proceed to take up the counting of
the votes polled in the presence of the candidates or their Polling Agents, if
any, present at the polling station.
(2)
Each vote cast by the voters
shall be scrutinised by the Presiding Officer in the course of counting and a
vote shall be invalid for counting on one or more of the following grounds,
namely :
(i)
If it bears any mark or writing
by which the voter can be identified;
(ii)
If it does not bear the mark
specified under Rule 18;
(iii)
If votes are recorded in favour
of more than one candidate;
(iv)
If the mark indicating the vote
is placed in such a manner so as t6 make it doubtful as to the candidates in
whose favour the same has cast;
(v)
If the ballot paper is spurious;
(vi)
If the ballot paper is so damaged
or mutilated that its genuineness cannot be established;
(vii)
If the ballot paper does not bear
the authentication mark of the Presiding officer as specified by Sub-rule (3)
of Rule 15.
(3)
The Presiding officer shall
record the reason (a) for rejecting the ballot paper on the ballot paper itself
and sign the same.
(4)
The result of the counting of the
ballot papers in respect of the candidates of the Samiti shall be recorded in
Form No. 13.
Rule - 31. Submission of papers.
(1)
Immediately after close of the
counting, the Presiding Officer shall prepare separate bundles of papers,
reports, used and unused ballot papers in respect of the polling station of the
Samiti, seal each packet, not thereon the polling station to which it relates
and forward the packets to the Election Officer on the same day.
(2)
It will be operate to the
candidates or their Polling Agents to affix their seal on the aforesaid
packets, if so desired.
(3)
On the date fixed for declaring
the results of the elections, the Election Officer shall in presence of the
candidates or their Polling Agents carefully check up the votes polled by
different candidates arithmetically so as to arrive at the final assessment as
to the total number of votes polled by each contesting candidate and announce
the result after recording the details in Form No. 14.
(4)
The candidate securing the
maximum number of votes in a Samiti Constituency shall be declared as duly
elected.
(5)
In case of equality of votes, the
result shall be decided by drawing lots and the candidate whose name is drawn
first shall be declared elected.
(6)
The Election Officer shall
forthwith intimate the Collector of the District the name of the duly elected
candidate for the purpose of the publication.
[(7)
After declaration under Sub-rule (4) has been made, a. candidate or, in his
absence, his polling agent may apply in writing to the Election Officer to recount
the votes either wholly or in part, stating the grounds for such recounting.
(8)
On an application made under Sub-rule
(7), the Election Officer shall decide the matter and may allow the application
in whole or in part or may reject it into as it appears to him to be frivolous
or unreasonable.
(9)
Every decision of the Election Officer
under Sub-rule (8) shall be in writing and contain the reasons therefor.
(10)
If the Election Officer decides under
Sub-rule (8) to allow recounting of the votes either wholly or in part, he
shall -
(a)
make the recounting in accordance
with Rule 30;
(b)
make necessary corrections in the
result in Form No. 14 to the extent necessary after such recounting; and
(c)
announce the result on the basis
of corrections so made by him.]
Rule - 32.
[*
* *.]
Rule - 33. Publication of the result of the election of the members.
(1)
After receipt of the result from
the Election Officer, the Collector of the district shall publish the names of
the duly elected candidates in his notice board as required under Sub-section
(6) of Section 16.
(2)
The Collector shall also cause
the result to be published in the Orissa Gazette and also forward copies of the
same to the Government and the Block Development Officer concerned.
(3)
The documents relating to election
proceedings received from the Presiding Officer and those prepared by the
Election Officer shall be retained in safe custody 1[in
the office of the Collector for a period of three months] and shall then,
unless otherwise directed by a competent Court of Law be destroyed.
[(4)
The documents or records, referred to in Sub-rule (3) retained in the custody
of the Collector shall not be opened or inspected or produced save with prior
permission of the Commissioner or of a Competent Court.]
Rule - 34. Failure of election.
(1)
If there is a failure of election
to any of the Samiti Constituencies, the notification under Sub-rule (1) of
Rule 33 shall be withheld until receipt of the result of fresh election from
the Election Officer.
(2)
If there is a failure of the
election so held for the second time, the Election Officer shall forthwith
report the matter to the Government through the Collector of the district for
nomination of a person to fill up the vacancy under Section 45(c).
Rule - 35. Procedure for re-election.
[(1)]
When it is necessary to hold election for the second time in any case in the
course of a general election, the procedure prescribed in the foregoing rules
for the conduct of election shall apply subject to the following, namely :
(i)
It shall not be necessary either
to publish the electoral roll; and
(ii)
the Election Officer shall issue
notice calling for names of candidates for the office of the Member of Samiti
at least two weeks before the date fixed for election.
[(2)
When seat of a member of Samiti is dereserved under Sub-section (2) of Section
45-C, the Commissioner shall, on receipt of the communication to that effect
under Sub-rule (4) of Rule 7-H from the Government, fix up dates for conducting
election to such seat, whereupon, the provisions of these rules shall apply
subject to modifications prescribed under Sub-rule (1).]
Rule - 36.
[*
* *]
PART – VI ELECTION OF THE
CHAIRMAN/VICE-CHAIRMAN OF PANCHAYAT SAMITI
Rule - 37. Place of election.
The Election of Chairman and Vice-Chairman of the Samiti
shall be held in the office of the Samiti or at such other public place at the
headquarters of the Samiti as the Collector of the district may be determine.
Rule - 38. First meeting of the Samiti.
(1)
The
Election Officer shall within three days of the publication of the notification
under Sub-rule (1) of Rule 33 issue-
(i)
a
notice in Form No. 15 notifying the date, time and place of the first meeting
of the Samiti; and
(ii)
a
notice in Form No. 16 calling for the names of candidates to the offices of the
Chairman of the Samiti.
(2)
The
notices issued under Sub-rule (1) shall be served on ail the Members of Samiti
personally by delivering or tendering it to the Member to whom it is addressed
or in default of personal service, it shall be served by registered post or if
necessary by telegram.
(3)
The
notice shall also be published at the Samiti Office and at one or more
conspicuous place of the locality.
Rule - 39. Filling of nomination for Chairman and Vice-Chairman.
(1)
The
nomination of every candidate shall be made in Form No. 17.
(2)
The
Form aforesaid, may be printed, typed, cyclostyled or be in manuscript.
(3)
Every
nomination paper shall be signed by two members of the Samiti as proposer and
seconder and the candidate shall also sign a declaration expressing his willingness
to contest for election to the office of the Chairman.
[(4) * * *]
(5) Every
nomination paper shall be presented by the candidate or his proposer or
seconder in person to the Election Officer on the date, at the place and during
hours specified in the notice issued under Sub-rule (1) of Rule 38.
(6) The
Election Officer shall, at the appointed time, date and place receive
nomination papers and after the time for receipt of nomination papers is over,
shall scrutinise them and read out the names of the candidates whose
nominations have been received under Sub-rule (5) and found to be in order.
(7) If
no nomination paper is filed for election to the office of the Chairman of the
Samiti or all the nomination papers filed are rejected, a notice for fresh
election shall be issued under Rule 38(1) within fifteen days from the date on
which the nomination papers were filed under Sub-rule (5).
(8) If
there is a failure of the election so held for the second time, the Election
Officer shall forthwith report the matter to Government through the Collector
of the district for nomination of a person to the office of the Chairman, under
Section 45-C to fill up the vacancy.
Rule - 40. Procedure for conducting the election.
Procedure after filing of nomination paper-
[(1) If there is only one duly nominated candidate
for the office of the Chairman, there shall be no voting and the candidate be
declared to have been elected as the Chairman;]
(2) If
there are two or more candidates who filed nomination for the office of the
Chairman, an election shall be held by secret ballot and the vote of the
members present at the meeting shall be taken.
(3) Where
the votes of the members are taken under Sub-rule (2), the names of the
candidates shall be arranged in the alphabetical order written in Oriya.
Rule - 41. Voting and declaration of result.
(1)
Every
member present and wishing to vote shall be supplied with a ballot paper duly
authenticated by the Election Officer with his seal and signature.
(2)
Names
of the duly nominated candidates shall be typed or cyclostyled or legibly
written on the ballot paper arranged according to the alphabetical order of
their names in the following in Oriya.
|
Serial
No.
|
Name
of the candidate with the name of father or husband
|
Voting
sign (X)
|
|
(1)
|
(2)
|
(3)
|
(3)
The
members shall then proceed one after the other to the place set apart for
voting and there secretly place a clear arrow cross mark in Column (3) of the
ballot paper against the name of the candidate for whom he wishes to vote and
shall then fold the ballot paper inwardly and deposit it in a ballot box placed
in full view of the Election Officer.
Explanation-The Election Officer shall explain the
above procedure to the members before the commencement of the poll.
(4)
In
the case of a member who is physically incapacitated or is blind the Election
Officer shall at the request of such member take him to the place set apart for
voting, ascertain his choice, accordingly, mark the voting paper, fold it up so
as to maintain secrecy and deposit it in the ballot box.
Rule - 42. Counting of votes.
lmmediately after the voting is over the Election
Officer shall count the votes in the presence of the members and record the
number of votes secured by each candidate in a statement in Form No. 18.
Rule - 43. Grounds for rejection of votes.
A vote shall be liable for rejection on either one
or more of the following grounds, namely :
(i)
If
the ballot paper bears the signature of the voter or contains any word, sign or
visible representation by which he can be identified;
(ii)
If
the arrow cross marks are placed against more than one name;
(iii)
If
the arrow cross mark is so placed as to make it doubtful for which candidate
the vote has been cast;
(iv)
If
the ballot paper does not bear the authentication mark of the Presiding Officer
prescribed under Sub-rule (1) of Rule 41; or
(v)
If
no arrow cross mark is made against any candidate.
Rule - 44. Declaration of the result of voting.
Upon completion of the counting the Election
Officer shall declare the result of the election of the Chairman in the
following manner, namely :
(1)
If
there are two or more candidates, the one who secures the highest number of
votes shall be declared to be duly elected.
(2)
In
the event of an equality of votes between two or more candidates, the Election
Officer shall draw a lot in the presence of the members and the candidate whose
name is first drawn shall be declared to have been duly elected.
Rule - 44-A. [Election of the Vice-Chairman.
(1)
Within
three days of declaration of the result of the election of the Chairman under
Rule 44 or failure of election under Rule 39, the Election Officer shall issue
a notice in Form No. 16, notifying the date, time and place of election to the
office of the Vice-Chairman.
(2)
The
procedure outlined for the conduct of the election to the office of the
Chairman under the foregoing rules shall apply mutatis mutandis to the election
of the Vice-Chairman.]
Rule - 45. Proceedings of the meeting.
(1)
Immediately
after declaration of the result under Rule 44, the Election Officer shall-
(a)
prepare
a record of the proceeding of the meeting, sign it and attest with his initial,
every correction made therein, and permit the members present at the meeting to
affix their signature to such record, if they express their desire to do so;
(b)
publish
in the office of the Samiti a notification signed by him stating the name of
the person elected as the Chairman and the Vice-Chairman of the Samiti,
respectively;
(c)
forward
a copy of such notification to the Collector, in case the Collector is not the
Election Officer.
(2)
The
Collector shall notify the names of Chairman and Vice-Chairman in his Notice
Board, forward a copy of such notification to the Government Press for
publication in the Orissa Gazette and also forward a copy of the same to
Government.
(3)
Copies
of the notification published under Sub-rule (2) shall also be communicated to
the Revenue Divisional Commissioner and the Sub-Collector within whose
jurisdiction the Samiti is situated.
PART-VII MISCELLANEOUS
Rule - 46. Filling up of the casual vacancies.
(1)
Casual vacancy-In the case of a
vacancy occurring on account of removal, resignation, death or otherwise of an
elected member, Chairman or Vice-Chairman of the Samiti, the Block Development
Officer shall forthwith report the fact to [the
Commissioner through the Collector] of the district who shall fix a date as
soon as convenient for holding a bye-election to fill up the vacancy.
(2)
[*
* *]
(3)
[Unless
the Commissioner otherwise directs] the rules prescribed in Parts II, III, IV,
V and VI shall apply mutatis mutandis to such bye-elections :
[Provided
that in case of bye-election to the office of an elected member, the electoral
roll utilised at the time of election to such office shall be utilised and
unless the Commissioner otherwise directs it shall not be necessary either to
publish the electoral roll or to invite objections.]
[Provided
further that the Commissioner may, if the circumstances so warrant, fix up
different dates for different stages of election proceedings to fill up casual
vacancies.]
Rule - 46-A. [Postponement of election.
(1)
Notwithstanding anything
contained in these rules; if at any time or in any case the proceedings at any
polling station are interrupted or obstructed for any reasons whatsoever and
the Presiding Officer is satisfied that free and fair conduct of election has
been affected thereby, he shall direct postponement of the poll and shall
forthwith inform the Election Officer.
(2)
On receipt of information from
the Presiding Officer, under Sub-rule (1), the Election Officer shall after
such enquiry, as he may deem fit, report the facts of the case to the
Commissioner.
(3)
If the Commissioner is satisfied,
on the basis of the report of the Election Officer or otherwise that conduct of
free and fair election has been affected, he may direct a fresh election at
that polling station.]
Rule - 46-B. Adjournment of poll in emergency.
(1)
If the proceedings at any polling
station are interrupted or obstructed by any riot or open violence or if it is
not possible to take the poll at any polling station or if at any time or in
any case it appears to the Election Officer that during the course of
an election it is or has become impracticable to go ahead with the process
of election including the poll due to natural calamity or otherwise, the
Election Officer may, by a reasoned order, announce an adjournment of the poll
to a date to be notified latter, and shall, report the facts of the case to the
Commissioner.
(2)
If the Commissioner is satisfied
on the report of the Election Officer or otherwise as regards the fact stated
at Sub-rule (1) above, he shall direct poll on such date, place and hours as he
may satisfy.
(3)
Whenever a poll is adjourned
under Sub-rule (1) counting of votes relating to the Constituency of which the
poll was adjourned, shall not commence without the previous approval of the
Commissioner.
Rule - 46-C. Fresh poll in the case of destruction, etc., of ballot boxes.
(1)
If at an election-
(a)
any ballot box used at a polling
station or at a place fixed for the poll is unlawfully taken out of the custody
of the Presiding Officer or the Polling Officer 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 or place 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 or
at a place fixed for the poll, the Presiding Officer shall forthwith report the
matter to the Election Officer.
(2)
The Election Officer, on receipt
of information under Sub-rule (1) and after taking prior approval of the
Commissioner, shall either-
(a)
cancel the poll at the polling
station appoint a day, and fix the hours for taking a fresh poll at that
polling station or any other suitable place and notify the day so appointed and
the hours so fixed in such manner as it may deem fit; or
(b)
if satisfied that the result of a
fresh poll at that polling station or place will not, in any way, affect the
result of the election or that, the error or irregularity in procedure is not
material issue such directions to the Presiding Officer as he may deem proper
for the further conduct and completion of the election.
(3)
The provision of these rules or
orders made thereunder shall 'apply to every such fresh poll as they apply to
the original poll.
Rule - 46-D. Adjournment of poll or countermanding of election on the ground of booth capturing.
(1)
If at an election-
(a)
booth capturing has taken place
at a polling station or at a place fixed for the poll (hereinafter in this rule
referred to as place) in such manner that the result of the poll at that
Polling station or place cannot so ascertained; or
(b)
booth capturing takes place in
any place fixed for counting of votes in such a manner that the result of the
counting at that place cannot be ascertained.
The Election Officer shall
forthwith report the matter to the Commissioner.
(2)
The Commissioner shall on the
receipt of a report from the Election Officer under Sub-rule (1) or otherwise
and after taking all material circumstances into account either -
(a)
declare that the poll at that
polling station or place be void, appoint a day and fix the hours for taking
fresh poll at that polling station or any other suitable place and notify the
date so appointed and hours so fixed in such manner as it may deem fit; or
(b)
if satisfied that in view of the
large number of polling stations or places involved in booth capturing the
result of the election is likely to be affected, or that booth capturing had
affected counting of votes in such a manner as to effect the result of the election,
countermand the election in that Constituency.
Explanation-For the
purpose of this rule, "booth capturing" includes, among other things
all or any of the following activities, namely :
(a)
seizure of a polling station or a
place fixed for the poll by any person or persons making polling authorities
surrender the ballot papers or voting materials, including ballot boxes and
doing of any other act which affects the orderly conduct of election;
(b)
taking possession of a polling
station or a place fixed for the poll by any person or persons and allowing
only his or their own supporters to exercise their right to vote and to prevent
others from voting;
(c)
threatening any elector and
preventing him from going to the polling station or a place fixed for the poll
to cast his vote;
(d)
seizure of a place fixed for
counting of votes by any person or persons, making the counting authorities
surrender the ballot papers or voting materials including ballot boxes and the
doing of anything which affects the orderly counting of votes;
(e)
doing by any person in the
service of Government of all or any of the aforesaid activities or aiding or
conniving at any such activity in the furtherance of the prospects of the
election of a candidate.
Rule - 46-E. Extraordinary power of the Commissioner.
[(1)]
If at any time or in any case it appears to the Commissioner that circumstances
exist for his satisfaction that conduct of free and fair election is likely to
be or has been affected the Commissioner may issue general or special order as
the circumstances may require to ensure free and fair election.
[(2)
[***]
Rule - [46-F.
If it appears to the
Collector that in connection with an election held under these rules -
(a)
any premises are needed or are
likely to be needed for the purpose of being used as a polling station or for
storage of ballot boxes before or after the poll is taken; or
(b)
any vehicle, vessel or animal is
needed or is likely to be needed for the purpose of transport of ballot boxes
to or from any polling station, or transport of members of the police force for
maintaining order during the conduct of or in connection with such
election or other person for performance of any duties in connection with such
election; he may by order in writing requisition such premises or vehicles,
vessel or animal, as the case may be and may make such further orders as may
appear to him to be necessary to expedient in connection with such
requisitioning:
Provided that no vehicle,
vessel or animal which is being lawfully used by a candidate or his agent for
any purpose connected with the election of such candidate shall be
requisitioned under this sub-rule until the completion of the poll at such
election.]
Rule - 46-G. [Death of candidate.
(1)
If at an election -
(a)
a validly nominated candidate who
has not withdrawn his candidature under Sub-rule (1) of Rule 11 dies and a
report of his death is received by the Election Officer before publication of
the list of contesting candidates; or
(b)
a candidate dies after the
publication of list of contesting candidates under Sub-rule (16) of Rule 11,
the Election Officer shall upon being satisfied of the fact of the death of the
candidate countermand the poll and report the fact to the Commissioner.
(2)
If at an election, a candidate
dies at any time on or after the date of the poll but before publication of the
result under Rule 33, there shall be no countermanding and the result shall be
declared as if the candidate has not died :
Provided that in case upon
declaration of result of the election the deceased candidate declared to have
been duly elected, the Election Officer shall forthwith issue a notification to
the effect that a casual vacancy has occurred and the provisions of these rules
for conducting bye-elections to fill up the casual vacancy be applicable in
such cases.]
Rule - 47. Issue of contract of work.
A person shall not be
deemed to have an interest in a contract made with or any work being done for
the Samiti constituted for a Block as specified in Clause (o) of Sub-section
(1) of Section 45 by reason only of his having a share or interest in-
(i)
any lease, sale or purchase of
immovable property or any agreement for the same; or
(ii)
any agreement for the loan of
money of any security for the payment of money only; or
(iii)
any newspaper in which any
advertisement relating to the affairs of the Panchayat Samiti is inserted; or
(iv)
the sale to the Panchayat Samiti
of any article in which he regularly trades or the purchase for the Panchayat
Samiti of, any article of a value in either case not exceeding fifteen hundred
rupees in the aggregate in any year during the period of the contract of work;
or
(v)
any development work taken up not
as a contractor but as a member of a Committee formed by the Grama Panchayat or
Samiti as such from amongst its members, to which such work may be entrusted
directly by any of the above bodies.
Rule - 48. Procedure for removal of disqualification.
(1)
A person suffering from any of
the disqualifications specified in Clause (h) or Clause (i) of Sub-section (1)
of Section 46 may represent to Government giving the full facts and reasons for
removal of such disqualification.
(2)
The Government may, after such
enquiry as they may deem necessary, remove such disqualification by a
notification.
Rule - 49. Manner of enquiry under Section 45(1)(n).
(1)
The Collector of a district may
draw and publish the list of persons proved to his satisfaction or to the
satisfaction of any subordinate officer not below the rank of a Sub- Collector
who are in the habit of encouraging litigation in the villages and may from
time to time alter or amend such list.
(2)
No person's name shall be
included in any such list until he shall have had an opportunity of showing
cause against such inclusion.
(3)
The Collector may send that list
of persons alleged or suspected to be in the habit of encouraging litigation in
the villages to the Sub-Collector who shall thereupon hold an enquiry into the
conduct of such person and after giving each such person opportunity of hearing
shall report to the Collector with his enquiry report and the Collector if
satisfied with the report, publish the name in the Notice Board of the
Collectorate:
Provided that the
Collector shall hear any such person who, before his name has been so
published, appears before him and desires to be heard.
(4)
A copy of every such list shall
be kept hung up in the Notice Board of the Collectorate and in the office of
the concerned Block Development Officer.
(5)
Every person whose name is
included in such list shall be deemed to be in the habit of encouraging
litigations in the villages within the meaning of Clause (n) of Sub-section (1)
of Section 45.
Rule - 50. Interpretation of rules.
(1)
If any question arises as to the
interpretation of these rules the question shall be referred to the [Commissioner]
for decision.
[(2)
* * *]
Rule - 51. Determination of disputes.
Any dispute arising out of
any of the provisions of these rules 5[except
those contained in Part ll-A and Rules 47, 48 and 49] shall be deemed to be an
election dispute under the Act and shall be decided by such authority and in
such manner as provided in the Act.
Rule - 52. Repeal and savings.
The Orissa Panchayat
Samiti (Conduct of Election)- Rules, 1970 are hereby repealed :
Provided that
notwithstanding such repeal anything done or any action taken under the rules
so repealed shall be deemed to have been done or taken under these rules.