In exercise of the powers
conferred by section 139 of the Punjab State Election Commission Act, 1994
(Punjab Act No. 19 of 1994), the Governor of Punjab, after consultation with
the State Election Commission, is pleased to make the following rules to
regulate the registration of electors and conduct of elections in
municipalities in the State of Punjab. Preliminary Rule - 1. Short title and commencement.-- (1) These
rules may be called the Punjab Municipal Election Rules, 1994. (2) These
rules shall come into force from the date of their publication in the official
Gazette. Rule - 2. Definitions.-- (1) In these
rules unless the context otherwise requires; (a) "Agent"
means any person appointed, in writing, by a candidate at an election to be his
Agent for the purpose of these rules, with the acceptance, in writing, by such
person of the office of such Agent; (b) "Backward
Classes" means castes, races or classes declared as Backward Classes by
the State Government from time to time; (c) "District
Electoral Officer" means the District Electoral Officer, appointed under
section 14 of the Act; (d) "Election"
means the election of a member of a Municipality from an area delimited as a
constituency for the purposes of election to that Municipality; (e) "Election
Commission" or "Commission" means the State Election Commission,
established under section 3 of the Act; (f) "Form"
means a form appended to these rules; (g) "Act"
means the Punjab State Election Commission Act, 1994; (h) "Presiding
Officer" and "Polling Officer" mean the Presiding Officer and
Polling Officer, appointed under section 20 of the Act, and any other person
performing the duties of the Presiding Officer or Polling Officer for the time
being; (i) "Returning
Officer" and "Assistant Returning Officer" mean the Returning
Officer and Assistant Returning Officer appointed under section 16 of the Act; (j) "Registration
Officer" means to the Electoral Registration Officer, appointed under
section 15 of the Act; (k) "Roll"
means the electoral roll for a constituency; (l) "Scheduled
Castes" means such castes, races or tribes or parts or groups within such
castes, races or tribes as have been specified under article 341 of the
Constitution of India to be Scheduled Castes in the State of Punjab; (m) "Treasury"
means a Government Treasury or Sub Treasury or a Bank to which the Government
treasury business has been made over. (2) The terms
not defined but used in these rules shall have the same meaning as assigned to
them in the Act. Preparation of Electoral Rolls Rule - 3. Issue of directions by the Commission.-- (1) On
receipt of directions from the Commission, the District Electoral Officer shall
take action for preparation or revision of the roll in accordance with such
directions and these rules in respect of all or any of the Municipalities in
his district as the case may be. (2) The
Reregistration Officer of a Municipality shall prepare and revise the roll in
respect of all or any constituency or part thereof the Municipality of which he
is the Registration Officer in accordance with the directions of the Commission
and the provisions of these rules. (3) The
Registration Officer may appoint such Officer and staff as may be necessary in
consultation with the District Electoral Officer, to assist him in the
preparation or revision of the Roll. Rule - 4. Form and language of Roll.-- The Roll for constituency shall
be prepared in such form and in such language or languages as the Commission
may direct. Rule - 5. Preparation of fresh Roll.-- The roll of each constituency
shall be prepared by house to house enumeration of such persons who fulfil the
conditions laid down under section 28 of the Act and do not suffer from any
disqualification specified in section 25 thereof: prepared in the manner specified
above and the roll for the Punjab Legislative Assembly in relation to the area
comprised in the said constituency for the time being in operation, shall be
used in any election, with such modifications, as may be necessary : Provided further that nothing in
these rules shall prevent the use of the current Roll for the Punjab
Legislative Assembly constituency in the preparation of fresh preliminary roll
for the municipal elections. Rule - 6. Preparation of roll in parts.-- (1) The roll
shall be divided into convenient parts which shall be numbered consecutively. (2) The
number of names included in any part of the roll shall not ordinarily exceed
one thousand. (3) The last
part of the roll shall contain the names of every person having a service
qualification under sub-section (10) of section 29 of the Act and of his
spouse, if any, who are entitled to be included in the Roll by virtue of a
statement made under rule 8 shall be included in the part of the roll
pertaining to the locality in which they would, according to that statement,
have been ordinarily resident. Rule - 7. Order of names.-- (1) The names
of electors in each part of the roll shall be arranged according to house
numbers subject to any general or special direction of the Commission in
respect of any part that the names should be arranged in alphabetical order or
that the names shall be arranged partly in one way and partly in other. (2) The names
of electors in each part of the roll shall be numbered consecutively with a
separate series of numbers beginning with the number one. Rule - 8. Statement under Section 29.-- (1) Every
person who holds a declared officer or has a service qualification and desires
to be registered in the roll of the constituency in which, but for his holding
such office or having such qualification, he would have been ordinarily
resident, shall submit to the Registration Officer of the constituency a
statement in such one of the Form 1, Form 2, Form 3 and Form 4, as may be
appropriate. (2) Every
statement submitted under sub-rule (1) shall be verified in the manner
specified in the Form. (3) Every
such statement shall cease to be valid when the person, making it ceases to
hold a declared office, or, as the case may be, having a service qualification. Rule - 9. Information to be supplied by occupants of dwelling houses.-- The Registration Officer may, for
the purpose of preparing the roll through house to house enumeration, issue
letters of request in Form 5 to the occupants of. dwelling houses in the
constituency or any part thereof; and every person receiving any such letter
shall furnish the information called for therein to the best of his ability. Rule - 10. Access to certain registers.-- For the purpose of preparing any
roll or deciding any claim or objection to a roll, any Registration Officer and
any person employed by him shall have access to any register of births and
deaths and to the admission register of any educational institution, and it
shall be the duty of every person incharge of any such register to give to the
said officer or person such information and such extracts from the said
register as he may require. Rule - 11. Publication of Roll in draft.-- As soon as the Roll for a
constituency is ready, the Registration Officer shall publish it in draft by
making a copy thereof available for inspection and displaying a notice in Form
6. (a) at his
office if it is within the constituency; and (b) at the
office of the Municipality. (c) at such
other places as may be specified by him. Rule - 12. Further publicity to the Roll and notice.-- The Registration Officer shall
also:- (a) make a
copy of each separate part of the Roll, together with a copy of the notice in
Form 6, available for inspection at a specified place accessible to the public
in or near the area to which that part relates. (b) supply
free of cost two copies of each separate part of the Roll to every political
party for which a symbol has been exclusively reserved by the Commission. Rule - 13. Period for lodging claims and objections.-- Every claim for inclusion of name
in the Roll and every objection to an entry therein shall be lodged within a
period of seven days from the date of publication of the roll in draft under
rule 11. Rule - 14. Form for claims and objections.-- (1) Every
claim shall be - (a) in Form
7; (b) signed by
the person desiring his name to be included in the Roll; and (c) countersigned
by another person whose name is already included in the Roll in which the
claimant desires his name to be included. (2) Every
objection to the inclusion of name in the Roll shall be :- (a) in Form
8; (b) preferred
only by a person whose name is already included in the Roll; and (c) countersigned
by another person whose name is already included in the Roll in which the name
objected to appears. (3) Every
objection to a particular entry or particulars in an entry in Roll shall be,- (a) in Form
9; and (b) preferred
only by a person to whom the entry relates. Rule - 15. Manner of lodging claims and objections.-- Every claim or objection shall,- (a) be
presented to the Registration Officer; and (b) be sent
by post to the Registration Officer; and (c) shall be
accompanied by a fee of rupee one which may be deposited either with the
Registration Officer or in the Treasury and shall not be refundable. Rule - 16. Procedure of Registration Officer.-- (a) The
Registration Officer shall maintain in duplicate the three lists in Form 10,
11, 12 and enter therein the particulars of every claim or objection as and
when it is received by him; and (b) Keep
exhibited one copy of each such list on a notice board in his office. Rule - 17. Rejection of certain claims and objections.-- Any claim or objection which is
not lodged within the period or in the form and manner, herein specified, shall
be rejected by the Registration Officer. Rule - 18. Acceptance of claims and objections without inquiry.-- If the Registration Officer is
satisfied as to the validity of any claim or objection, he may allow it without
further inquiry after the expiry of one week from the date on which it is
entered in the list exhibited by him under clause (b) of rule 16 : Provided that where before any
such claim or objection has been allowed, a demand for inquiry has been made in
writing to the Registration Officer by any person, it shall not be allowed
without further inquiry. Rule - 19. Notice of hearing claims and objections.-- (1) Where a
claim or objection is not disposed of under rule 17 or rule 18, the
Registration Officer shall, - (a) specify
in the list exhibited by him under rule 16 the date, time and place of hearing
of the claim or objection; and (b) give
notice of the hearing :- (i) in the
case of a claim of the claimant in Form 13; (ii) in the
case of an objection to the inclusion of a name to the objector in Form 14 and
to person objected to in Form 15; and (iii) in the
case of an objection to an entry or particulars therein to the objector in form
15-A. Rule - 20. Inquiry into claims and objections.-- (1) The
Registration Officer shall hold a summar inquiry into every claim or objection
in respect of which notice has been given under rule 19 and shall record his
decision thereon. (2) At the hearing,
the claimant or as the case may be, the objector and person objected to and any
other person who, the opinion of the Registration Officer, is likely to be of
assistance to him, shall be entitled to appear and be heard. (3) The
Registration Officer may in his discretion :- (a) require
any claimant objector or person objected to appear in person before him; (b) require
that evidence tendered by any person shall be given on oath and administer on
oath for the purpose. Rule - 21. Inclusion of names inadvertently omitted.-- (1) If it
appears to the Registration Officer that owing to inadvertence or error during
preparation, the names of any electors have been left out of the Roll and that
remedial action should be taken under this rule, the Registration Officer
shall, - (a) prepare a
list of the names and other details of such electors; (b) exhibit
on the notice board of his office, a copy of the list together with a notice as
to the place at which the inclusion of these names in the Roll will be
considered, and also publish the list and the notice in such other manner as he
may think fit; and (c) after
considering any verbal or written objections that may be preferred, decide
whether all or any of the names should be included in the Roll. (2) If any
statements under rule 8 are received after the publication of the roll in draft
under rule 11, the Registration Officer shall direct the inclusion of the names
of the electors covered by the statements in the appropriate parts of the Roll. Rule - 22. Deletion of names.-- If it appears to the Registration
Officer at any time before the final publication of the Roll that owing to
inadvertence or error or otherwise, the names of dead persons or of persons who
have ceased to be are not, ordinarily resident in the constituency or of persons
who are otherwise not entitled to be registered, that Roll, have been included
in the Roll and that remedial action should be taken under this rule, the
Registration Officer, shall; (a) prepare a
list of the names and other details of such electors; (b) exhibit
on the notice-board of his office, a copy of the list together with a notice as
to the time and place at which the question of deletion of these names from the
Roll will be considered, and also publish the list and the notice in such other
manner as he may think fit; and (c) after
considering any verbal or written objections that may be preferred, decide
whether all or any of the names should be deleted from the Roll: Provided that before taking any
action under this rule in respect of any person on the ground that he has
ceased to be, or is not, ordinarily resident in the constituency, or is
otherwise not entitled to be registered in that Roll, the Registration Officer
shall make every endeavour to give him a reasonable opportunity to show cause
why the action proposed should not be taken in relation to him. Rule - 23. Final Publication of Roll.-- (1) The
Registration Officer shall thereafter, - (a) prepare a
list of amendments to carry out his decision under rules 18, 20, 21 and 22; (b) correct
any clerical, printing mistake, error or any other inaccuracy discovered in the
rolls; (c) publish
the Roll, together with list of amendments, by making complete copy thereof
available for inspection and displaying a notice, Form 16 at his office; (d) subject
to any general or special direction, as may be given by the Commission, supply
free of cost, two copies of the Roll, as finally published, with the. list of
amendments, if any to every political party for which a symbol has been
exclusively reserved by the Commission. (2)
On such publication, Roll, together with the list of amendments,
shall be the Electoral Roll of the constituency. (3) Where the
Roll (hereinafter in this sub-rule referred to as the basic Roll), together
with the list of amendments, becomes the Electoral Roll for a constituency
under sub-rule (2), the Registration Officer, may, for the convenience of all
concerned, integrate, subject of any general or special directions issued by
the Commission in this behalf, the list into the basic Roll by incorporating,
inclusion of names, amendments, transposition or deletion of entries in the
relevant parts of the basic Roll itself so however that no change shall be made
in the process of such integration in the name of any elector or in any
particulars relating to any elector as given in the list of amendments. Rule - 24. Appeals from orders deciding claims and objections.-- (1) An appeal
shall lie from any decision of the Registration Officer under rules 20, 21 and
22 to the Commission : Provided that an appeal shall not
lie where the person desiring to appeal has not availed himself of his right to
be heard by, or to make representation to, the Registration Officer on the
matter which is the subject of appeal. (2) Every
appeal under sub-rule (1) shall be, - (a) in the
form of a memorandum signed by the appellant; and (b) presented
to the Commission within a period of fifteen days from the date of announcement
of the decision or sent by registered post so as to reach the Commission within
that period. (3) The
presentation of an appeal under this rule shall not have the effect of staying
or postponing any action to be taken by the Registration Officer under rule 23. (4) The
decision of the Commission shall be final, but in so far as it reverses or
modifies a decision of the Registration Officer, shall take effect only from
the date of the decision in appeal. (5) The
Registration Officer shall cause such amendments to be made in the roll as may
be necessary to give effect to the decisions of the Commission under this rule. Rule - 25. Preparation of Roll in redelimitation of constituencies.-- (1) If any
constituency is delimited a new in accordance with law and it is necessary
urgently to prepare the Roll for such constituency, the Commission may direct
that it shall be prepared: (a) by
putting together the rolls of such of the existing constituencies or parts
thereof as are comprised within the new constituency; and (b) by making
appropriate alterations in the arrangement, serial numbering and heading of the
Rolls so complied. (2) The Roll
so prepared shall be published in the manner specified in rule 23 and shall, on
such publication, be the electoral roll for the new constituency. Rule - 26. Revision of Rolls.-- (1) The Roll
for every constituency shall be revised under sub-section (2) of section 30
either intensively or summarily or partly intensively and partly summarily, as
Commission may direct. (2) Where the
Roller any part thereof is to be revised intensively in any year, it shall be
prepared afresh and rules 4 to 24 shall apply in relation to such revision as
they apply in relation to the first preparation of a Roll. (3) When the
Roll or any part thereof is to be revised summarily in any year, the
Registration Officer shall cause to be prepared a list of amendments to the
relevent parts of the roll on the basis of such information as may be readily
available and publish the Roll together with the list of amendments in draft;
and the provisions of rules 10 to 24 shall apply in relation to such revision
as they apply in relation to the first preparation of a Roll. (4) Where at
any time between the publication in draft of the revised Roll under sub-rule
(2) or of the Roll and list of amendments under sub-rule (3) and the final
publication of the same under rule 23, any names have been directed to be
included in the Roll for the time being in force under section 29, the
Registration Officer shall cause the names to be included also in the revised
Roll unless there is, in his opinion, any valid objection to such inclusion. Rule - 27. Correction of entries and inclusion of names in Electoral Roll.-- (1) Every
application under section 31 or sub-section (1) of section 32 shall be made in
duplicate in such one of the Forms 7, 9, 17 or 18 as may be appropriate and
shall be accompanied by a fee of Rupee one : Provided that the statements in
Forms 2, 3 and 4, from persons having service qualification, received after the
final publication of the electoral Roll shall be deemed to be the applications
under section 31 and 32 and that no fee shall be deemed to have been prescribed
for such application. (2) Every
such application as is referred to in sub-rule (1) shall be presented to the
Registration Officer in such manner as the Commission may direct. (3) Every
application for inclusion presented in pursuance of sub-rule (2) shall be
countersigned, where necessary, by another person whose name is already
included in the roll in which the claimant desires his name to be included ; (4) The fee
specified in sub-rule (1) shall be - (a) paid by
means of non-judicial stamps; or (b) deposited
in a treasury in favour of the Registration Officer concerned; or (c) paid in
cash to the Registration Officer against receipt. (5) Where the
fee is deposited under clause (b) of sub-rule (4), the applicant shall enclose
with the application a Treasury receipt in proof of the fee having been
deposited. (6) The
Registration Officer shall, immediately on receipt of such application, direct
that, one copy thereof be posted in some conspicuous place in his office
together with a notice inviting objections to such application within a period
of seven days from the date of such posting. - (7) The
Registration Officer shall, after the expiry of the period specified in
sub-rule (6), consider the applications and objections thereto, if any,
received by him and shall, if satisfied, direct the inclusion, deletion
correction or transportation of entries in the Roll, as may be necessary : Provided that when an application
is rejected by the Registration Officer, he shall record in writing a brief
statement of his reasons for such objection. (8) Where a
claimant whose name is ordered to be included in the Roll is registered in the
Roll of any other constituency, the Registration Officer shall, inform the
Registration Officer of that constituency, who shall on receipt of such
information strike off the name of the claimant from the Roll of that
constituency. Rule - 28. Appeals from orders under rule 27.-- (1) Every
appeal under section 33 shall be,- (a) in the
form of a memorandum signed by the appellant; (b) accompanied
by a copy of the order appealed from and a fee of rupees five to be, - (i) paid by
means of non-judicial stamps; or (ii) deposited
in a Treasury in favour of the Commission; or (iii) paid in
such other manner as may be directed by the Commission; and (iv) the fee
shall in no case be refunded. (c) presented
to the Commission within a period of fifteen days from the date of the order
appealed from or sent by registered post so as to reach the Commission within
that period; Provided that the Commission may
condone the delay in the presentation of the appeal, if it is satisfied that
the appellant had sufficient cause for not presenting it within the specified
time. (2)
where the fee is deposited under sub-clause (ii) of clause (b) of
sub-rule (1), the appellant shall enclose with memorandum of appeal a treasury
receipt in proof of the fee having been deposited. (3) For the
purpose of sub-rule (1), an appeal shall be deemed to have been presented to
the Commission when the memorandum of appeal is delivered by or on behalf of,
the appellant to any officer appointed by the Commission in this behalf. Rule - 29. Identity Cards for electors in notified constituencies.-- (1) The
Commission may, with a view to the preventing impersonation of electors and
facilitating their identification at the time of poll, by notification in the
Official Gazette of the State, direct that the provision of this rule shall
apply to any such constituency or part thereof as may be specified in the
notification. (2) The
Registration Officer for such notified constituency, as soon as may be, after
the issue of the notification under sub-rule (1), arrange for the issue to
every elector of an identity card prepared in accordance with the provisions of
this rule. (3) The
identity card shall, - (a) be
prepared in duplicate; (b) contain
the name, age, residence and such other particulars of the electors as may be
specified by the Commission; (c) have
affixed to it a photograph of the electors which shall be taken at the expense
of the Government; and (d) bear the
facsimile signature of the Registration Officer :- Provided that if the elector
refuses or evades to have his photograph taken, or cannot be found at his
residence by the official photographer in spite of repeated attempts, no such
identity card shall be prepared for the elector and a note of such refusal or
evasion or that the elector could not be such refusal or evasion or that the
elector could not be found at his residence inspite of repeated attempts shall
be made in the copy of the Roll maintained by the Registration Officer. (4) One copy
of the identity card prepared under Sub-rule (3) shall be retained by the
Registration Officer and the other copy shall be delivered to the elector to be
kept by him for production at the time of a poll. Rule - 30. Custody and preservation of Rolls and connected papers.-- (1) After the
Roll for the constituency has been finally published, the following papers
shall be kept in the office of the Registration Officer or such other places as
the Commissioner may, by order, specify until the expiration of one year after
the completion of next intensive revision of Roll :- (a) one
complete copy of the Roll and complete manuscript Roll; (b) duplicating
pasting file; (c) all
claims and objections to the draft Roll with the orders of the Registration
Officer thereon; (d) all
directions of the Registration Officer for correction of entries in the Roll; (e) all
orders on appeal received from the Commission; (f) any other
connected papers; (g) one
complete copy of the Roll for each constituency duly authenticated by the
Registration Officer shall be kept in the officer of the District Electoral Officer
for a period of six years from the date of its final publication. Rule - 31. Inspection of Rolls and connected papers.-- (1) Every
person shall have the right to inspect the papers referred to in rule 30 on
payment of such fee as may be specified by the Commission. (2) Attested
copies of the Roll and other election papers will be supplied to such person,
as may apply for the same, on payment of such fee as may be specified by the
Commission from time to time. Nomination And Conduct Of Polls Rule - 32. Definitions.-- In this Part, unless the context otherwise requires :- (a)
"Ballot Box", includes any box, bag
or other receptacle used for the insertion of ballot papers by electors; (b)
'Counterfoil' means the counterfoil attached
to a ballot paper printed under the provisions of these rules; (c)
'Electoral Roll Number' of a person means, - (i)
the serial number of the entry in the
electoral roll in respect of that person; (ii)
the serial number of the part of the
electoral roll in which such an entry occurs; and (iii)
The name and/or the number of the
constituency to which the Roll relates; (d)
'Marked Copy' of the Rolls means : - the copy
of the Roll set apart for the purpose of marking the names of electors to whom
ballot papers are issued at an election; (e)
'Polling Station' in relation to an election
means a place fixed for taking poll for that election; (f)
For the purposes of these rules, a person who
is unable to write his name shall unless otherwise expressly provided in these
rules, be deemed to have signed an instrument or other paper, if ? (a)
he has placed a mark on such instrument or
other paper, in the presence of the Returning Officer or the Presiding Officer
of such other officer as may be specified in this behalf by the Commission; and (b)
and officer on being satisfied as to his
identity has attested the mark as being the mark of that person. Rule - 33. Notification of
symbols.-- The Commission shall by notification in the Official
Gazette specify the symbols that may be chosen by candidates at elections to
municipalities and may amend or vary the list of symbols from time to time. Rule - 34. Public notice of
election.-- On the issue of notification by the Commission under
section 35 of the Act, the Returning Officer shall give public notice of the
intended election in Form 19 by pasting the same outside his office; in the
office of the municipality and at such other conspicuous place or places in the
constituency as he may deem fit. Rule - [1][35. Eligibility for membership of a Municipality.-- A person desirous of contesting of election for
membership of a municipality should be :- (i)
an elector in that municipality; and (ii)
not less than twenty one years of age.] Rule - 36. Nomination Paper.-- (1)
Every nomination paper presented under
section 38 of the Act shall be in Form 20 and shall be presented to the
Returning Officer by the candidate himself or his proposer during the hours of
eleven O' clock of the forenoon and three O' clock of the afternoon or such
other hours as may be fixed for this purpose on date/dates and places fixed for
filing the nomination paper. (2)
The nomination paper of a member of scheduled
castes or backward classes shall be accompanied by a declaration by the
candidate indicating the scheduled caste or backward class to which he belongs. (3)
The nomination paper of a candidate for a
constituency reserved for scheduled castes or backward classes, shall be
accompanied by a certificate issued by the Deputy Commissioner or the Sub
Divisional Officer (Civil) of the area of which the candidate is ordinarily
resident certifying that the candidate belongs to scheduled castes or backward
classes, as the case may be and specifying the particulars of the scheduled
caste or backward class to which the candidate belongs. (4)
For every candidature, fee as specified below
will be deposited either in cash with the Returning Officer alongwith the
nomination paper or in the Treasury in the 'Head' to be specified by the
Commission; For election to; (a)
Municipal Corporation ...
Rs. 200 (b)
Municipal Council Class-1 ..
.Rs. 150 (c)
Municipal Council Class- II ..
.Rs. 100 (d)
Municipal Council Class III and Nagar Panchayats ...
Rs 50 Where the fee has been deposited in Treasury receipt in respect
thereof shall be attached with the nomination paper : Provided that for scheduled castes the fee will be fifty
per cent of full fee specified above. Rule - 37. Authentication of
Certificates issued by the Commission.-- A certificate issued by the Commission under sub-section
(3) of section 38 shall be signed by the Secretary to the Commission and shall
bear its official seal. Rule - 38. Notice of
Nominations.-- The Returning Officer shall give notice of nominations of
Form 21 by pasting one copy thereof outside his office. Rule - 39. Scrutiny of
Nomination Papers.-- The Returning Officer shall examine the nomination papers
at the date, time and place appointed in this behalf, hear objections if any,
made by other candidates or their authorised agents as to the eligibility of
any candidate and decide these objections after such enquiry as he may consider
necessary. The decision rejecting or accepting a nomination paper shall be
recorded on the nomination paper and signed by the Returning Officer and if a
nomination paper has been rejected, reasons thereof shall also be briefly
recorded on the nomination papers. Rule - 40. List of Validly
Nominated Candidates.-- (1)
The list of validly nominated candidates
shall be in Form 22 and shall be displayed outside the office of the Returning
Officer as soon as possible after the completion of scrutiny. (2)
The names of the candidates in the list shall
be arranged in alphabetical order according to Punjabi language in Gurmukhi
script. (3)
The name of each candidate shall be shown in
the said list as it appears in his nomination paper: Provided that if a candidate considers that his name is
incorrectly spelt or is otherwise incorrectly shown in the Roll or in his
nomination paper or is different from the name by which he is popularly known,
he may, at any time before the list of validly nominated candidates is
prepared, furnish in writing to the Returning Officer the proper form and
spelling of his name and the Returning Officer shall on being satisfied about
the genuineness of the request, make necessary corrections or alterations in
the list in Form 22 and adopt that form and spelling in the list of contesting
candidates. Rule - 41. Withdrawal of
Candidature.-- A notice of withdrawal of candidature shall be in Form 23
and on receipt of such notice, the Returning Officer shall note thereon the
date and time at which it was delivered to him and publish a notice in Form
23-A. Rule - 42. Allocation of
Symbols to Candidates.-- Immediately after the expiry of the time fixed for
withdrawal of candidatures, the Returning Officer shall allot to each candidate
who has not withdrawn his candidature, a. symbol out of the approved list of
symbols in accordance with such notification, order or direction which might
have been issued by the Commission in this respect. Rule - 43. Preparation of List
of Contesting Candidates.-- The list of contesting candidates shall be displayed
outside the office of the Returning Officer in Form 24 and will contain the
names of the candidates in alphabetical order alongwith the particulars of the
candidates and symbol allotted to each candidate. Rule - 44. Declaration of
result in uncontested election.-- (1)
If the number of contesting candidates is
equal to or less than the seats to be filled, the Returning Officer shall
declare the result of the election in Form 25 and send signed copies of the
declaration to the Commission and the District Electoral Officer. (2)
If a poll becomes necessary, the Returning
Officer shall supply a copy of the list of contesting candidates to each such
candidate or his election agent. Rule - 45. Appointment of
Election Agents.-- (1)
Appointment of an election agent under
section 44 shall be made in Form 26 and the notice of such appointment shall be
given by forwarding the same in duplicate to the Returning Officer who shall
return one copy thereof to the election agent after affixing thereon his seal
and signatures in token of his approval of the appointment. (2)
The revocation of the appointment of the election
agent under sub- section (1) of section 46 shall be made in Form 27. Rule - 46. Appointment of
Polling Agents.-- (1)
The Number of polling agents that may be
appointed under section 47 shall be one agent and two relief agents for one
polling station. (2)
Every such appointment shall be made in Form
28 and shall be made over to the polling agent for production at the polling
station. (3)
No polling agent shall be admitted in the
polling station unless he has delivered to the Presiding Officer, the
instrument of his appointment under sub-rule (2) after duly completing and
signing before the Presiding Officer the declaration contained therein. Rule - 47. Revocation of the
appointment of the Polling Agent.-- (1)
The revocation of the appointment of a
polling agent under sub-section (1) of section 49 shall be made in Form 29 and
lodged with the Presiding Officer. (2)
In the event of such revocation, the
candidate or his election Agent, may make a fresh appointment in the manner
specified in rule 46. Rule - 48. Voting to be in
person.-- Save as hereinafter provided in rule 49, all electors
entitled to vote in an election shall do so in person through secret ballot at
the polling station provided for them. Rule - 49. Voting by Postal
Ballot.-- (1)
The following persons shall be entitled to
vote by post :- (a)
Service voters defined in sub-section (5) of
section 29 : (b)
Electors covered under sub-section (7) of
section 29. (c)
Voters subject to preventive detention. (d)
Public servants on election duty. (2)
An elector covered in sub-rule (1) above, who
wishes to vote by post shall send intimation in this regard to the Returning
Officer in Form 30 for the supply of postal ballot paper at least fifteen days
before the date fixed for poll. (3)
The form and the language of postal ballot papers
shall be such as the Commission may direct. (4)
The Returning Officer shall send postal
ballot paper to the electors who have applies under sub-rule (2) by post under
certificate of posting at least ten days before the date of poll except that in
the case of public servants on election duty, these can also be delivered to
them against personal acknowledgement on proper identification. (5)
The elector shall mark his choice on the
postal ballot paper, complete such other formalities as may be necessary according
to the directions sent with the ballot paper and return the ballot paper to the
Returning Officer so as to reach him before the hour fixed for close of poll at
the polling stations. (6)
The Returning Officer shall make a note about
issue of postal ballot paper against the name of the elector on the marked copy
of the electoral roll. Rule - 50. Publication of
hours fixed for Polling.-- The hours fixed for polling under section 57 shall be
published by notification in the Official Gazette and also by affixing copies
of the notification at the offices of the District Electoral Officer and the
Returning Officer. Rule - 51. Powers of the
Presiding Officer, regarding General Superintendence.-- The Presiding Officer shall in addition to other duties
imposed upon him by these rules, be the incharge of all arrangements at the
Polling Station and may issue orders as to the manner in which the electors
shall be admitted to the Polling Station and generally for the maintenance of
peace and order at and in the vicinity of the Polling Station. Rule - 52. Identity mark on
ballot papers.-- The Commission may direct that before any ballot paper
delivered to an elector at the Polling Station, it shall be marked with such
official mark as may be specified by the Commission in this behalf and also
signed in full on its back by the Presiding Officer. The official mark shall be
kept secret. -- Rule - 53. Design of Ballot
Boxes.-- Every Ballot box shall be of such design as may be
approved by the Commission. Rule - 54. Form of Ballot
Papers.-- (1)
Every ballot paper shall have a counterfoil
attached thereto and the said ballot paper and the counterfoil shall be in such
form and the particulars therein shall be in such language or languages as the
Commission may direct. (2)
The names of the candidates shall be arranged
on the ballot paper in the same order in which they appear in the list of
contesting candidates. (3)
If two or more candidates bear the same name,
they shall be distinguished by the addition of their occupation or residence or
in some other manner. Rule - 55. Material to be
supplied at the Polling Stations.-- The Returning Officer shall provide at the Polling
Stations :- (1)
necessary number of ballot boxes. (2)
sufficient number of ballot papers. (3)
copies of the relevant part of the Roll. (4)
Presiding Officer's seal for stamping the
ballot papers. (5)
other necessary material. Rule - 56. Arrangements at
Polling Stations.-- (1)
Outside each polling station, there shall be
displayed :- (a)
a notice specifying the polling area and the
particulars of electors which are entitled to vote at the polling station. (b)
a copy of the list of contesting candidates. (2)
At each Polling Station shall be set up one
or more voting compartments in which the electors can record their vote without
being seen. Rule - 57. Admission to
Polling Stations.-- The Presiding Officer shall regulate the number of
electors 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 Commission; (d)
candidates, their election agents and one
polling agent of each candidate; (e)
a child in arms accompanying an elector; (f)
a person accompanying a blind or infirm
elector who cannot move without help; (g)
such other persons as the Returning Officer
or the Presiding Officer may employ for identification of electors. Rule - 58. Preparation of
Ballot Boxes for Poll.-- (1)
Before the commencement of the poll, the
Presiding Officer shall show the ballot box to be used for the poll to the
polling agents who may be present at the polling station so that they may see
that the ballot box is empty. The Presiding Officer shall then secure and seal
the ballot box in such a manner that the slit for insertion of ballot papers
remains open and shall allow the polling agents present to affix, if they so
desire, their seals. The ballot box shall bear labels both inside and outside
marked with :- (a)
the serial number alongwith the name of the
constituency if any; (b)
the serial number and name of the polling
station; (c)
the serial number of the ballot box (to be
filled at the end of the poll on the label outside the ballot box only); (d)
the date of poll. (2)
The ballot box shall be placed in full view
of the Presiding Officer and the polling agents. ' (3)
If it becomes necessary to use additional
ballot box/boxes for the poll, the procedure as in sub-rules (1) and (2) shall
be followed in respect of each such ballot box. Rule - 59. Marked copy of
electoral Roll.-- Immediately, before the commencement of the poll, the
Presiding Officer shall also demonstrate to the Polling Agents and others
present that the marked copy of the electoral roll to be used during the poll
does not contain any entry other than that made in pursuance of sub-rule (6) of
rule 49. Rule - 60. Facilities for
woman electors.-- (1)
Where a Polling Station is for both men and
women electors, the Presiding Officer may direct that they shall be admitted into
the polling station alternately in separate batches. (2)
The Returning Officer or the Presiding
Officer, may appoint a woman to serve as an attendant at any polling station to
assist women electors and also to assist the Presiding Officer generally in taking
the poll in respect of women electors and in particular to help in searching
any woman elector in case it becomes necessary. Rule - 61. Identification of
electors and safeguards against impersonation.-- (1)
Every elector on entering the polling station
shall allow his left fore-finger to be inspected by the Presiding Officer or
Polling Officer and indelible ink mark to be put on it. If any elector refuses
to allow his left fore-finger to be marked with indelible ink or already has
mark on his left fore-finger or does anything to remove it, he shall not be
supplied any ballot paper or allowed to vote. (2)
Any reference in this rule to the left
fore-finger or an elector in the case where the left fore-finger of the elector
is missing, is to be construed as reference to any other finger of his left
hand and shall in the case where the fingers of the left hand are missing, to
be construed as a reference to the fore-finger or any other finger of his right
hand and shall in the case, where all his fingers on both hands are missing be
construed as a reference to such extremity of his left or right arm as he may
possess. (3)
For identification of the elector, the
Presiding Officer or a Polling Officer may require the elector to produce his
identity card before the delivery of a ballot paper to him, if identity cards
have been issued to electors in that constituency. Rule - 62. Seating arrangement
of Polling Officers and voting procedure in the polling station.-- (1)
The table of the first Polling Officer shall
be near the entrance inside the polling station and when an elector arrives at
the polling station, this Polling Officer shall check the elector's name and
other particulars with the relevant entry in the Roll and then call out the
serial number, name and other particular of the elector, (2)
After his identity is established, the
elector will proceed to the second Polling Officer who will mark his left
fore-finger in the manner provided in rule 61. (3)
The elector will then proceed to the third
Polling Officer who will hand over the ballot paper and marking stamp to him
after noting particulars of the elector and obtaining his signatures on the
counterfoil of the ballot paper and also mark the name of the elector in the
marked copy of the electoral roll. (4)
The elector will then go to the polling
compartment where he will mark his choice on the ballot paper and after coming
out return the marking stamp to the third polling officer and insert the ballot
paper in the ballot box placed in front of the Presiding Officer, after folding
it properly. (5)
The Commission may, if considered necessary,
modify the duties of the Polling Officer as it may deem fit. Rule - 63. Tendered votes.-- If a person representing himself to be a particular
elector applies for a ballot paper after another person has already voted, as
such elector, he shall, after such enquiry as the Presiding Officer may make,
be allowed to vote, in the following manner; namely :- (a)
Such person shall be fore being supplied with
tendered ballot paper, sign his name against the entry relating to him in a
list in Form 31. (b)
A tendered ballot paper shall be the same as
the other ballot papers used at the polling station except that; (i)
such tendered ballot paper shall be serially
the last ballot paper issued for use at the polling station; (ii)
such tendered ballot paper and its
counterfoil shall be endorsed on the back with the words "Tendered Ballot
Paper", by the Presiding Officer in his own hand and signed by him. (c)
The elector after marking the tendered ballot
paper in the voting compartment and folding it, shall hand it over, to the
Presiding Officer who shall place it in a cover specially kept for the purpose. Rule - 64. Challenging of
identity of elector.-- (1)
Any Polling Agent may challenge the identity
of a person claiming to be a particular elector by first depositing a sum of
rupees five in cash with Presiding Officer. (2)
On such deposit being made, the Presiding
Officer, shall enter the name and address of the elector in the list of
challenged votes in Form 32 and require him to affix his signatures in the said
list. (3)
The Presiding Officer shall thereafter hold a
summary enquiry and may ask the challenger to produce evidence in favour of
challenge, require the person challenged to produce evidence in proof of his identity,
and may also administer oath to the person challenged and any other person
offering to give evidence. (4)
If after the enquiry, the Presiding Officer
is satisfied 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 such person from voting. (5)
If in the opinion of the Presiding Officer,
the challenge is frivolous or has not been made in good faith, the deposit
shall be forfeited and in any other case it will be returned to the challenger. Rule - 65. Spoilt ballot
Papers.-- An elector who has inadvertently spoilt his ballot paper
in such a way that it cannot conveniently be used as a ballot paper, may, on
delivering it to the Presiding Officer and satisfying him of his inadvertence,
obtain another ballot-paper in place of the spoilt ballot paper and the latter
shall be marked as "Cancelled". All such votes shall be put in a
separate packet marked "Cancelled Votes". Rule - 66. Recording of votes
to inform electors.-- (1)
If the Presiding Officer is satisfied that
owing to blindness, old age or other physical infirmity an elector is unable to
recognise the symbol on the ballot paper or to insert the ballot paper in the
ballot box, the Presiding Officer shall permit the elector to take with him a
companion of not less than eighteen years of age to the voting compartment for
making and putting the ballot paper into the ballot box on his behalf and in
accordance with his wishes. (2)
No person shall be permitted to act as the
companion of more than one elector at any polling station on the same day. (3)
The Presiding Officer shall keep a brief
record of all such instances without indicating the manner in which the votes
have been cast in Form 32-A. Rule - 67. Returning of Ballot
Papers by electors.-- (1)
If an elector after obtaining any ballot
paper for the purpose of recording his vote decides not to use the same, he
shall return the ballot paper to the Presiding Officer, and the ballot paper so
returned shall then be marked "Returned Cancelled" and kept in a
separate packet set apart for the purpose and a record shall be kept by the
Presiding Officer of all such ballot papers. (2)
If any ballot-paper which has been issued to
any voter for the purpose of recording his vote has not been put in the
ballot-box but has been left by the elector at the Polling Station or the
Polling Compartment it shall be presumed as cancelled and dealt with in
accordance with the provisions of sub-rule (1) as if it has been returned to
the Presiding Officer. Rule - 68. Maintenance of
secrecy of voting by elector.-- (1)
Every elector to whom a ballot paper has been
issued under the provisions of these rules, shall maintain secrecy of voting
with in the polling station and for that purpose observe the voting procedure
hereinafter laid down. (2)
The elector on receiving the ballot paper
shall forthwith ? (a)
proceed to one of the voting compartments; (b)
there make a mark on the ballot paper with
the 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. (3)
Every elector shall vote without undue delay. (4)
No elector shall be allowed to enter a voting
compartment when another elector is inside it. (5)
If an elector to whom a ballot paper has been
issued, refuses, after warning given by the Presiding Officer, to observe the
procedure as laid down in sub-rule (2), the ballot paper issued to him shall,
whether he has recorded his vote thereon or not, be taken back from him by the
Presiding Officer or a Polling Officer under the direction of the Presiding
Officer. (6)
After the ballot paper has been taken back,
the Presiding Officer shall record on its back the words "cancelled:
voting procedure violated" and put his signature below those words. (7)
All the ballot papers on which the words
"cancelled : voting procedure violated" are recorded, shall be kept
in a separate cover which shall bear on its face the words "Ballot Paper;
voting procedure violated". (8)
Without prejudice to any penalty to which an
elector, from whom a ballot paper has been taken back under sub-rule (5), may
be liable to vote, if any, recorded on such ballot paper shall not be counted. Rule - 69. Commencement and
closing of Poll.-- The Poll shall be commenced and closed at the hour fixed
in that behalf under section 57 and no elector shall thereafter be admitted
into the polling station after the close of the poll: Provided that all electors present at the polling station
at the hour of the close of poll shall be entitled to have their votes polled : Provided that if for any reason it was not possible to
open a polling station at the hour appointed under section 57 or if by reason
of disorder at the polling station or for any other reason the Presiding
Officer has considered it necessary to stop the polling for a certain time, the
Presiding Officer shall keep the polling station open for a further period
equal to the period that elapsed between the hour appointed for the opening of
the polling station and the hour at which it was actually opened or the time
during which the polling was stopped as the case may be. Rule - 70. Account of Ballot
Papers.-- (1)
The Presiding Officer shall at the close of
the poll prepare a ballot account in Form 33 and if counting is not to be held
immediately after the close of poll, enclose it in a sealed cover with the
words "Ballot Paper Account", subscribed thereon. (2)
The Presiding Officer shall furnish to every
polling agent present at the close of the poll, a true copy of the entries made
in the Ballot Paper Account after obtaining a receipt from the said polling
agent. Rule - 71. Sealing of other
packets.-- (1)
The Presiding Officer shall then make into
separate packets ? (a)
the marked copy of electoral roll; (b)
the counterfoils of the used ballot papers; (c)
the ballot papers signed in full by the Presiding
Officer, but not issued to the electors; (d)
any other ballot papers not issued to the
electors; (e)
the ballot papers cancelled for violation of
voting procedure; (f)
any other cancelled ballot papers; (g)
the cover containing the tendered ballot
papers and the list in Form 31. (h)
the list of challenged votes; and (i)
any other papers directed by the Commission
to be kept in a sealed packet. (2)
Each such packet shall be sealed with the
seals of the Presiding Officer and with the seals either of the candidate or of
his election agent or of his polling agent who may be present at the polling
station and may desire to affix his seal thereon. (1)
If at any election any ballot box used at a
polling station or any other place fixed for the poll is unlawfully taken out
of the custody of the Presiding Officer or is in any way tampered with or is
intentionally or unintentionally destroyed, lost or damaged, the Presiding
Officer will immediately submit report of facts to the Returning Officer who
will forward it to the Commission with his comments and if the Commission is
satisfied, on receipt of the report of the Presiding Officer through the
Returning Officer, that in consequence thereof the result of the poll on that
polling station cannot be ascertained; the Commission may ? (a)
declare the polling at that polling station
to be void; (b)
appoint a day and fix the hours for taking a
fresh poll at the polling station; and (c)
notify the day so appointed and the hour so
fixed in the manner prescribed under these rules; (2)
The provisions of these rules shall apply to
every fresh poll as they apply to the original poll. Rule - 73. Procedure for
adjournment of poll.-- (1)
If a poll a any station is adjourned for
reasons provided in sections 58, 59 and 60, the provisions of the foregoing
rules shall as far as applicable, apply as if the poll was closed at the hour
fixed in that behalf under section 57. (2)
When an adjourned poll is recommended under
sub section (3) of section 58 and sub-section (2) of section 60, the electors
who have already voted at the poll so adjourned, shall not be allowed to vote
again. (3)
The provisions of the foregoing rules shall
apply to in relation to the conduct of adjourned poll as they apply in relation
to the poll before it was so adjourned. Counting of Votes Rule - 74. Programme for counting of votes.-- (1) The
Commission may direct as to whether the counting of votes is to be done at the
polling station itself after the close of poll or at a different date time and
place. (2) When the
counting is to be done at the polling station itself, the Presiding Officer of
the Polling Station shall be designated as the Assistant Returning Officer for
the purpose. (3) Where the
counting is to be done at a different date, time and place than the polling
station, the Commission may appoint an Assistant Returning Officer to conduct
the counting of votes of one or more constituencies. (4) The
counting of postal ballot papers will be done by the Returning Officer. (5) The
Returning Officer will appoint such number of persons as he may deem necessary,
to be known as Counting Supervisors and Counting Assistants to assist him and
Assistant Returning Offices in counting of votes. (6) If
counting is to be done at the polling station, then the Assistant Returning
Officer will commence counting immediately after the close of the poll and the
preparation of the ballot paper account. (7) If the
counting is to be done at a different place, date and time, the Presiding
Officer will seal the ballot boxes and election papers in accordance with these
rules and such further directions as may be issued by the Commission and
deposit these at the place fixed for this purpose by the Returning Officer for
safe custody. (8) Reference
to "Returning Officer" in rules, 76 to 80 and rules 82 and 83 shall
also be construed as reference to "Assistant Returning Officer". Rule - 75. Intimation of time and place for counting of votes.-- The Returning Officer shall, at
least, one week before the date or the first of the dates, fixed for poll,
appoint the place or the places where counting of votes will be done and the
date and time at which the counting will be done and shall give notice of the
same in writing to each candidate or his election agent; Provided that if for any reason,
the Returning Officer finds it necessary to do so be may after the date, time
and place so fixed and inform, by giving notice of the same, in writing, to
each candidate or his election agent. Rule - 76. Appointment of counting agents and revocation of such appointments.-- (1) Each
contesting candidate shall, subject to such general or special direction as the
Commission may issue in this behalf, appoint one, counting agent for each
polling station, one counting agent for the table of the Assistant Returning
Officer if counting is to take place at a place different from the polling
station and one counting agent for counting of postal ballot papers by the
Returning Officer. (2) Every such
appointment shall be made in Form 34 in triplicate, one copy of which shall be
forwarded to the Returning Officer, the second to the Assistant Returning
Officer and the third shall be made over to the Counting Agent for production
at the place of counting. (3) No
Counting Agent shall be admitted into the place fixed for counting unless he
has delivered to the Returning Officer his copy of appointment letter after
duly completing and signing the declaration contained therein and receiving
from the Returning Officer an authority for entry into the place fixed for
counting. (4) The
appointment of a Counting Agent can be revoked in Form 34-A and loged with the
Returning Officer and in the event of any such revocation, the candidate or his
election agent may make a fresh appointment in his place. Rule - 77. Admission to the place fixed for counting.-- (1) The
Returning Officer shall exclude from the place fixed for counting of votes all
persons except, - (a) such
persons to (be known as Counting Supervisors and counting Assistants) as he may
appoint; to assist him in counting; (b) persons
authorised by the Commission; (c) public
servants on duty in connection with 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. Rule - 78. Maintenance of secrecy of voting.-- The Returning Officer shall,
before he commences the counting, read out the provisions of section 113 to such
persons as may be present. Rule - 79. Scrutiny and opening of ballot boxes.-- (1) The
Returning Officer may have all the ballot boxes, used at a polling station,
opened and the ballot papers in such box or boxes counted simultaneously. (2) Before
any ballot box is opened at a counting table the counting agents present at the
table, shall be allowed to inspect the paper seal or such other seal as might
have been fixed thereon and to satisfy themselves that it is intact. (3) The
Returning Officer shall satisfy himself that none of the ballot boxes has 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 under rule 73 in respect of that polling
station. Rule - 80. Counting of votes.-- (1) The
ballot paper taken out of each ballot box shall be arranged in convenient
bundles and scrutinized. (2) The
Returning Officer shall reject a ballot paper,- (a) if it
bears any mark or writing by which the elector can be identified, or (b) if it
bears no mark at all or, to indicate the vote if it bears a mark elsewhere than
on or near the symbol of one of the candidates on the face of the ballot paper,
or (c) if it
bears a mark made otherwise than with the instrument supplied for the purpose,
or (d) if votes
are given on it in favour of more than one candidate, or (e) if the
mark indicating the vote thereon is placed in such manner as to make it
doubtful as to which candidate the vote has been given, or (f) if it is
a spurious ballot paper, or (g) if it is
so damaged or mutilated that its identity as a genuine ballot paper cannot be
established, or (h) if it
bears a serial number, or is of a design, different from the serial numbers, or
as the case may be, the design of the ballot papers authorised for use at the
particular polling station; or (i) if it
does not bear both the mark and the signature which it should have borne under
the provisions of rule. 52 : Provided that where the Returning
Officer is satisfied that any such defect as is specified in clause (h) or
clause (i) has been caused by any mistake or failure on the part of a Presiding
Officer or Polling Officer, the ballot paper shall not be rejected on the
ground of such defect: Provided further that a ballot
paper shall not be rejected merely on the ground that the mark indicating the
vote is indistinct or is made more than once, if the intention that the vote
shall be for a particular candidate clearly appears from the way the ballot
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 endorse on every ballot paper which he rejects the word
"Rejected" and the grounds of rejection in abbreviated form either in
his own hand or by means of a rubber stamp and shall initial such endorsement. (5) AH ballot
papers rejected under this rule shall be bundled together. (6) Every
ballot paper which is not rejected under this rule shall be counted as one
valid vote : Provided that no cover containing
tendered ballot papers shall be opened and no such ballot paper shall be
counted. (7) After the
counting of all ballot papers contained in all the ballot boxes used at a
polling station has been completed,- (a) the
Returning Officer shall fill in and sign Part II Result of Counting in Form 33,
and (b) the
Returning Officer shall make the entries in a result-sheet in Form 35 and
announce the votes polled by each candidate. Rule - 81. Counting of votes received by post.-- (1) At the
time fixed for counting of postal ballot papers, the Returning Officer shall
open the covers in which the postal ballot papers have been received and examine
the postal ballot papers and other papers contained in the cover : Provided that no postal ballot
paper received after the expiry of the time fixed in that behalf shall be
opened and no vote contained in any such cover shall be counted. (2) A postal
ballot paper shall be rejected on the following grounds namely:- (a) if it
bears any mark (other than the mark to record the vote) or writing by which the
elector can be identified; or (b) if no
vote is recorded thereon; or (c) if votes
are given on it in favour of more candidates that one ; or (d) if it is
a spurious ballot paper; or (e) if it is
so damaged or mutilated that its identity as a genuine ballot paper cannot be
established; or (f) if it is
not returned in the cover sent alongwith it to the elector by the Returning
Officer. (3)
A vote recorded on a postal ballot paper shall be rejected if the
mark indicating the vote is placed on the ballot paper in such manner as to
make it doubtful to which candidate the vote has been given. (4)
A vote recorded on a postal 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 ballot paper is marked. (5) The Returning
Officer shall count all the valid votes given by postal ballot in favour of
each candidate, record the total thereof in the result sheet in Form 35 and
announce the same. Rule - 82. Recount of votes.-- (1) A
candidate or, in his absence, his election agent or any of his counting agents
may apply in writing to the Returning Officer to recount the votes either
wholly or in part stating the grounds on which he demands such recount. (2) On such
an application being made, the 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. (3) Every
decision of the Returning Officer under sub-rule (2) shall be in writing and
contain the reasons therefor. (4) If the
Returning Officer decides under sub-rule (2) to allow a recount of the votes
either wholly or in part, he shall- (a) do the
recounting in accordance with rule 80, or rule 81, as the case may be; (b) amend the
result sheet in Form 35 to the extent necessary after such recounting; and (c) announce
the amendments so made by him. (5) After the
total number of votes polled by each candidate has been announced under
sub-rule (7) of rule 80, or sub-rule (5) of rule 81 or sub- rule (4) of this
rule, the Returning Officer shall complete and sign the result sheet in Form 35
and no application for a recount 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 have been given
reasonable opportunity to exercise the/ right conferred by sub-rule (1) of this
rule. Rule - 83. Intimation of result of counting to the Returning Officer.-- After completion of counting, the
Assistant Returning Officer shall forthwith send the result sheet in Form 35 to
the Returning Officer. Rule - 84. Declaration of result of election and return of election.-- (a) The
Returning Officer (s) shall enter the result of the counting of postal ballot
papers and the result of counting of votes polled at all the polling stations
in a constituency as received from the Assistant Returning Officer or Officers
final result' sheet in Form 35A and announce the particulars; (b) shall
declare in Form 36 the candidate to whom the largest number of valid votes has
been given, to be elected under section 69 and send signed copies thereof to
the Commission and the District Electoral Officer; and (c) complete
and certify the return of the election in Form 37 and send signed copies
thereof to the. Commission and the District Electoral Officer. Rule - 85. Grant of certificate of election to returned candidate.-- As soon as may be after a
candidate has been declared by the Returning Officer under the provisions of
section 54 or section 69, to be elected, the Returning Officer shall grant to
such candidate a certificate of election in Form 38 and obtain from the
candidate an acknowledgement of its receipt duly signed by him and Immediately
send the acknowledgement by registered post to the Commission. Rule - 86. Sealing of used ballot papers.-- The valid ballot papers of each
candidate and the rejected ballot papers shall be bundled separately and the several
bundles made up into a separate packet or packets for each candidate which
shall be sealed with the seals of the Returning Officer and of such of the
candidates, their election agents for counting agents as may desire to affix
their seals thereon, and on the packets so sealed containing valid ballot
papers of the candidates shall be recorded the following particulars, namely :- (a) the name
of the constituency ; (b) the
particulars of the polling station where the ballot papers have been used; and (c) the date of
counting. On the packet of the rejected
ballot papers, in addition to particulars (a), (b) and (c) above, shall be
recorded words "Rejected Ballot Papers." Election Petitions Rule - 87. Election Petitions.-- An election petition under section
76 shall be presented to the Election Tribunal. Rule - 88. Contents of the Petition.-- (1) The
petitioner shall set forth in the petition full particulars of any material
irregularities or corrupt practices which he alleges, including as full a
statement as possible with regard to the commission of each such irregularity
or corrupt practice. (2) Where any
corrupt practice is alleged in an election petition, the petition shall be
accompanied by an affidavit in Form 39 in support of the allegations of such corrupt
practice and the particulars thereof. Rule - 89. Deposit to be made.-- (1) At the
time, or before, presenting an election petition, the petitioner or petitioners
shall deposit, in the treasury a sum for Rupees five hundred in cash or in
Government promissory notes of equal value, as security for all costs that may
become payable by him or them. (2) If the
petitioner by whom the deposit referred to in sub-rule (1) withdraws his
election petition, and in any other case, after final orders have been passed
on the election petition, the deposit shall, after such amount as may be
ordered to be paid as costs, charges and expenses has been deducted, be
returned to the petitioner by whom it was made, and if the petitioner dies
during the course of the enquiry into the election petition, any such deposit,
if made by him, shall after the amount of such costs, as may be ordered to be
paid have been deducted, be returned to his legal representative. (3) All
applications for the refund of a deposit shall be made to the Election Tribunal
who shall pass orders thereon in accordance with these Rules. Rule - 90. Petition to be dismissed on non-compliance of provisions of the Act
and the rules.-- If any of the provisions of the
Act and rule 88 and rule 89 have not been complied with, the Election Tribunal
shall pass an order dismissing the Election petition and such order shall be
final. Rule - 91. Transmission of order to the prescribed authority and its publication.-- On receipt of an order, made by
the Election Tribunal, under section 87 or section 88, the Commission shall,
besides publishing the order in the Official Gazette, also forward copy thereof
to the Secretary to Government, Punjab, Department of Local Government. Miscellaneous Rule - 92. Return of deposits made by candidates at the time of nomination.-- (1) If a
candidate by whom or on whose behalf the deposit referred to in sub-rule (4) of
rule 36 has been made, withdraws his candidature within the time specified in
the notice issued under rule 34, or if the nomination of any such candidate is
re-. fused, 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. (2) If a
candidate by whom or on whose behalf the deposit referred to in sub-rule (1)
has been made is not elected, and the number of votes polled by him does not exceed
one-eighth of the total number of votes polled, the deposit shall be forfeited. Explanation:- For the purpose of
this sub rule, the number of ballot papers counted other than rejected ballot
papers shall be deemed to be total number of votes polled. (3) If a
candidate by whom or on whose behalf the deposit referred to in sub rule (1)
has been made is elected or in not elected the deposit shall, if it is not
forfeited under sub rule (2) be returned to the candidate or the person, who
has made the deposit in his behalf, as the case may be, as soon as may be,
after the publication of the result of the election in the Official Gazette : Provided that, if a candidate is,
duly nominated at a general election in more constituencies than one, not more
than one of the deposits made by him or on his behalf shall be returned and the
remainder shall be forfeited to the State Government. Rule - 93. Maximum election expenses.-- The Commission may, from time to
time, by a notification in the Official Gazette, fix maximum election expenses
which can be incurred by the candidate for election from one constituency and
may fix. different maximum limits of election expenses for election to a
Municipal Corporation, a Municipal Council of Class-I, II and III and a Nagar
Panchayat. Rule - 94. Submission of return of election expenses.-- Every contesting candidate at an
election shall, within thirty days from the date of declaration of the result
of the election, submit to the Commission an account of his election expenses
in such proforma as may be specified by the Commission. Rule - 95. Resignation in case of election from more than one constituency.-- (1) Where a
candidate has been elected from more than one constituency, he may resign from
membership of the municipality from all but one constituency within a period of
fifteen days from the date of notification of his elections in the Official
Gazette; (2) The
resignations shall be addressed in writing to the Commission and Secretary to
Government, Punjab, Department of Local Government, so as to reach within the
time specified in sub rule (1). (3) In the
event of failure of a candidate who has been elected from more than one
constituency to comply with the provisions of sub-rules (1) and (2) he shall be
deemed to have resigned his membership of the municipality from all the
constituencies from which he had been elected. Rule - 96. Custody of ballot boxes and papers relating to elections.-- After the completion of the
election, all the ballot boxes and papers relating to election shall be forwarded
to the District Electoral Officer, who shall keep these in his custody till the
expiry of one year from the date of election and shall then subject to any
direction to the contrary of the Commission or Election Tribunal or a Competent
court, cause them to be destroyed. Rule - 97. Inspection of election papers and supply of certified copies
thereof.-- (1) Every
person shall have the right to inspect the election papers other than ballot
papers, counterfoils of the used ballot papers and the marked copy of the
Electoral Rolls on payment of such fee as may be specified by the Commission. (2) Attested
copies of the election papers except of ballot papers, counterfoils of the used
ballot papers and the marked copy of the Electoral Rolls, will be supplied to
such person, as may apply for the same, on payment of such fee as may be
specified by the Commission from time to time. Rule - 98. Power of the Commission to issue instructions.-- The Commission may, from time to
time, issue instructions to carry out the purposes of the Act and of these
rules. The instructions so issued by the Commission shall be complied with by
all concerned. Rule - 99. Final authority for the interpretation of the rules.-- If any question arises regarding
the interpretation of the rules, otherwise than in connection with the election
petition, which has actually been presented, it shall be referred by the person
or the official concerned to the State Government whose decision shall be
final. Rule - 100. Overriding effect.-- Subject to the provisions of the
Act these rules shall have overriding effect notwithstanding anything
inconsistent therewith contained in any other rules for the time being in force
relating to matters covered under these rules of matters incidental thereto. Rule - 101. Repeal.-- The Municipal Election Rules,
1952, hereby repealed : Provided that such repeal shall
not affect the previous operating of the corresponding provisions of the
Municipal Election Rules so repealed or any other thing duly done or suffered
thereunder. THE PUNJAB
MUNICIPAL ELECTION RULES, 1994
PREAMBLE