(1)
These rules may be called the Punjab
Panchayat Election Rules, 1994. (2)
They shall come into force on the date of
their publication in the Official Gazette. (3)
They shall apply to the Gram Panchayats,
Panchayat Samitis and Zila Parishads constituted under the Punjab Panchayati
Raj Act, 1994. In these rules, unless the context otherwise required:-- (a)
"Agent" means any person appointed
in writing by a candidate at an election to be his agent for the purposes of
these rules, with the acceptance by such persons of the office of such election
agent; (b)
"Backward Classes" means castes,
races or classes declared as Backward Classes by the State Government from time
to time; (c)
"Commission" means the State
Election Commission; (d)
"Election" means election of a
Panch, Sarpanch of a Gram Panchayat, member of Panchayat Samiti, Zila
Parishad [1][-----]; (e)
"Elector" means a person who is
entered in the electoral roll for the Gram Panchayat elections held in January,
1993, as revised at the time of election to be held from time to time; (f)
"Form" means a form appended to
these rules; (g)
"Government" means the Government
of Punjab; (h)
"Act" means the Punjab State
Election Commission Act, 1994; (i)
"political party" means an
association or a body of individual citizens of India registered with the
Election Commission as a political party under Representation of the People
Act, 1951; (j)
"Section" means a section of the
Act. (1)
As soon as a notification under section 209
of the Punjab Panchayati Raj Act, [2][1994,
is][3] issued
by the Government, the Election Commission shall take action to prepare the
electoral rolls in accordance with section 30 of the Act. (1)
The Commission may appoint one or more
Electoral Registration Officers for the Panchayats in a Sub-Division for the
revision of the electoral rolls. (2)
The Electoral Registration Officer may
appoint Officers and staff to assist him in consultation with the District
Electoral Officer. (1)
For the purpose of preparing electoral rolls
for any election to the Gram Panchayat, Panchayat Samiti or Zila Parishad, the
Election Commission shall publish the preliminary electoral rolls based upon
the electoral rolls used at the last elections of the Gram Panchayat as revised
from time to time for information of the public. (2)
The electoral rolls so published under
sub-rule (1) shall also be pasted at conspicuous places in the offices of
District Electoral Officer, Block Development and Panchayat, Officer and the
Sabha area to which these electoral rolls pertain. (1)
Any person may make an application to the
Electoral Registration Officer within three days for revision of Electoral
Rolls in accordance with Section 30 before the date fixed by the Election
Commission for filing nomination papers:-- (a)
in Form-I for addition of his/her name in the
electoral roll if he/she is qualified to be included in the electoral roll of a
Gram Sabha, and (b)
in Form-II for deletion of any entry in the
electoral roll in respect of a person who has ceased to be an elector due to
death, change of residence or any other reason which disqualifies him/her and
from being an elector in the Sabha area in which he/she has been registered as
an elector. (c)
in Form-III for correction of any mistake in
entry relating to him/her. (d)
each application for inclusion, deletion or
correction of the name in the electoral roll shall be accompanied by a fee of
Re. 1 which may be deposited either with the Electoral Registration Officer or
in the Government Treasury. The fee shall not be refundable. (2)
Every application made by a person under
sub-rule (1) shall be heard and disposed of within three days of the receipt on
the basis of personal hearing by the Electoral Registration Officer who shall
inform the claimant and the person who has made the application. (3)
[4][On] the date fixed for hearing the claim application, if
the Electoral Registration Officer is satisfied that the applicant is entitled
to have his name entered then he shall enter the name accordingly. If after
hearing of objections, he is satisfied that the person is not qualified to be
entered in the electoral roll then he shall not enter the name in the roll. He
may amend the electoral roll as deemed fit. Similarly, he may correct any
mistake in the electoral roll which he is satisfied after hearing the
applicant. (4)
Section 31.-- The Electoral Registration Officer may at any time,
correct any clerical or printing error that he may discover in the electoral
roll. (5)
Section 33.? (a)
An appeal against the order passed by the
Electoral Registration Officer shall be made to the Election Commission or an
Officer authorised by him within a period of five days from the date of order
of the Electoral Registration Officer. The order of such appellate authority
shall be final. (b)
The appeal will contain the particulars of
the appellant and reasons for challenging the order of the Electoral
Registration Officer. (c)
Section 34.-- The appeal shall be accompanied by a fee of Rs. 50 which
may be paid to the District Electoral Officer. A receipt issued in this behalf
shall be sufficient proof of the fee having been paid. (6)
The Election Commission or Electoral
Registration Officers concerned shall publish the final electoral roll after
making all additions, deletions and corrections made by him and print
sufficient number of copies for supply to such persons as may apply for the
same, on payment of a fee of Rs. 2 per page. (7)
The Election Commission may order for the
general revision of electoral rolls of Gram Sabha area after every five years
after laying down instructions for such revision. After the election programme is published under [5][section
35,] the Returning Officer in the Constituency for which he has been appointed
as such shall publish the details of the election programme by [6][pasting]
the same outside his office and at conspicuous places in the Gram Sabha area
included in that constituency. The Commission shall by Notification in the Official
Gazette publish lists of symbols for use in the Panchayat Election, and may
amend or vary such lists. (1)
Nomination papers shall be presented to the
Returning Officer in Form-IV in person by the candidate himself on or before
the date, time and place fixed for filing the nomination papers. (2)
The nomination papers of a member of
Scheduled Castes or Backward Classes shall also be accompanied by a declaration
in Form-IV-A-I. Provided that no person shall propose or second more than
one candidate and the candidate himself shall not propose or second the name of
any other candidate: Provided further that the candidate contesting for Gram
Panchayat should be an elector in the Sabha Area and candidate contesting for
Panchayat Samiti should be an elector in the concerned constituency of that
Samiti Area and candidate contesting for Zila Parishad should be an elector in
the concerned constituency of that Zila Parishad area. (3)
The nomination of each candidate shall be
made on a separate nomination Form as prescribed in sub-rule (1) above and must
be subscribed by the candidate himself as assenting to the nomination. (4)
The nomination of a member of Scheduled Caste
from a constituency reserved for Scheduled Castes or Backward Classes, as the
case may be shall be accompanied by a declaration verified by an [7][M.P.,
M.L.A.], Magistrate, Tehsildar, Naib-Tehsildar for Panchayat Samiti and for
Zila Parishad by [8][M.P.,
M.L.A.], Magistrate, Tehsildar, or any other gazetted officer specifying the
particulars of the caste to which the candidate belongs. (5)
The nomination paper shall be accompanied by
a fee Rs. 100 for a Panch or Sarpanch of the Gram Panchayat, Rs. 200 for member
of the Panchayat Samiti and Rs. 400 for member of the Zila Parishad: Provided that for Scheduled Castes and Backward Classes
the fee will be half of the fee specified in sub-rule (3). under General category.
Balwinder Singh v. Surinder Kaur and others, 2007(1) L.A.R. 595 (P&H). Any candidate may withdraw his candidature by a notice in
writing which shall contain the particulars as given in the Form IV-B according
to the provisions of section 42. (1)
The Returning Officer shall examine the
nomination papers at the time appointed in this behalf, hear objections, if
any, presented by the objectors in person, as to the eligibility of any
candidate and determine these objections after such enquiry as he may consider
necessary. The decision rejecting or accepting a nomination paper and brief
statement of reasons thereof shall be endorsed on the nomination paper and
signed by the Returning Officer: Provided that the Returning Officer may,-- (a)
permit any clerical error in the nomination
paper in regard to names or numbers to be corrected in order to bring them in
conformity with the corresponding entries in the electoral rolls; and (b)
where necessary, direct that any clerical or
printing error in the said entries shall be overlooked. (2)
The person objecting under sub-rule (1) must
be a candidate of the concerned Panchayat or Sabha Area, as the case may be. The Returning Officer shall, on the expiry of the time
fixed for withdrawal of nomination paper, allocate by draw of lot to each validly
nominated candidate hereinafter called contesting candidate a symbol out of the
approved list of symbols: Provided that if a candidate opts to contest the election
on the basis of his party symbol he may do so: Provided further that a symbol which is controversial or
gives rise to communal feelings shall not be used. The particulars of the validly nominated candidates shall
be displayed outside the office of the Returning Officer in Form-V and will
contain the names in [9][alphabetical]
order alongwith the particulars of the candidates and symbols allotted to each
of the candidates. The District Electoral Officer shall appoint Presiding
Officers and such number of Polling Officers as may be necessary for the
conduct of poll at each polling station. The Presiding Officer shall, in
addition to other duties imposed upon him by these rules, be in general
in-charge of all arrangements at the Polling Station and may issue orders as to
the manner in which the persons shall be admitted to the Polling Station
generally and for the maintenance of peace and order at or in the vicinity of
the Polling Station. It shall be the duty of the Polling Officer and Polling
Assistants at the Polling Station to assist the Presiding Officer of such
Station in the performance of his functioning. The Election Commission may direct that before any Ballot
Paper is delivered to a voter at the Polling Station, it shall be marked with
such official mark as may be specified which shall be kept secret. Every Ballot
paper shall be signed in full on its back by the Presiding Officer. (1)
Every elector 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 show his left
fore-finger or does any act with a view to removing the ink mark, he shall not
be supplied with any Ballot Paper or allowed to vote. (2)
Any reference in this rule to the left
fore-finger of a voter shall, in the case where the elector has his left
fore-finger missing, be construed as reference to any other finger of his left
hand, [10][and shall,] in the case
where all the fingers of his left hand are missing be construed as a reference
to the fore-finger any other fingers of his right hand [11][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 arms as he possesses. Every Ballot Box shall be of such design as may be
approved by the Election Commission. The Returning Officer shall provide at the Polling
Station the following, namely:-- (1)
The necessary number of Ballot Boxes; (2)
Sufficient number of Ballot papers; (3)
Copies of the relevant parts of the electoral
roll; (4)
Presiding Officer's seal for stamping the
Ballot papers; (5) [12][Any other] necessary material. 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 Officer; (b)
Public servants on duty in connection with
the election; (c)
Persons authorised by Election Commission; (d)
Candidates, their election agents or their
polling agents; (e)
The child in arms accompanying an elector; (f)
A person accompanying a blind, old or
an [13][infirm/handicapped elector] who [14][cannot]
move without [15][help]; and [16][(g) such other person as the Returning Officer or
Presiding Officer may employ for identification of electors.] The Presiding Officer shall allow the candidate or his
polling agent to enter the polling station, during the polling except the
polling compartment: Provided that if a candidate wants to appoint a Polling
Agent or change a person as Polling Agent for any reason he shall inform the
Returning Officer giving name and complete address of the person appointed as
Polling Agent. Immediately before the commencement of the poll, the
Presiding Officer shall show the Ballot Boxes to the Polling Agents who may be
present at the Polling Station, so that they may [17][see
that] the Ballot Boxes are empty. The Presiding Officer shall secure and seal
the Ballot Boxes in such a manner that the slit for insertion of Ballot Papers
remains open. Every Ballot Box used at the Polling Station shall bear
labels, both inside and outside, marked with the following, namely:-- (a)
the serial number, if any, and the name of
constituency; (b)
the serial number and name of the Polling
Station; (c)
the serial number of Ballot Box (to be filled
in the end of poll on the label outside the Ballot Box only); and (d)
the date of poll. The Ballot Boxes shall be closed, sealed and secured and
placed in full view of the Presiding Officer and Polling Agents. (1)
Voting shall be by secret ballot and every
person wishing to record his vote shall do so in person and not be proxy by
means of Ballot Papers specified by the Election Commission to be supplied to a
voter which shall have a serial number, names of the candidates and such
symbols as are [18][allotted] to the candidates, such other particulars of
the candidate and such official marks as may be specified by the Commission.
Every person shall be entitled to a single non-transferable vote: Provided that a voter who is in service shall be entitled
to vote by post. The following persons, shall subject to their fulfilling the
requirement specified below be entitled to vote by post namely:-- (1)
At an Election of Panchayat, any of the
following, namely:-- (a)
Voters who are in service; (b)
Voters on election duty; (c)
Electors subject to preventive detentions;
and (d)
All other electors as may be specified by the
Election Commission in this behalf who want to vote at a Panchayat Election may
send a request in writing to the Returning Officer of their intention in Form
VI for the supply of Postal Ballot Paper. [19][(2) A postal ballot paper shall be sent by post under
certificate of posting to the elector by the Returning Officer ten days before
the date of actual poll, who apply for the same. The elector will mark his
choice and return the postal ballot paper by post to the Returning Officer so
that the ballot paper reaches the Returning Officer on or before the date of
actual poll.] (3) ? The
Returning Officer shall then make a mention thereof on the marked copy of the
Elector Roll which relates to the service [20][voters]. He will then keep the Ballot Papers in a separate packet and
prepare a list of such postal Ballot papers and the votes secured by each
candidate shall be added at the time of counting. The Poll shall commence and close at the date and time
fixed by the Commission for the purpose: Provided that-- (a)
all electors present at the place fixed for
the poll before it is so closed shall be entitled to have their votes recorded;
and (b)
if for [21][any reason,] it is not possible to open the Polling
Station at the hour fixed for opening the same or if by reason of disorder at
the Polling Station or for any other reason, polling for a certain time has to
be stopped, the Presiding Officer shall keep the Polling Station open for a
further period equal to that which lapses 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. The table of the polling officer should be so placed that
when a voter arrives at the polling station, he will meet the first polling
officer posted inside the polling station who will issue an identity slip after
locating his name in the Electoral Roll. Then he will proceed to the second
Polling Officer who will mark his left hand forefinger in the manner given in
rule 15. Thereafter he will proceed to the third Polling Officer who will give
the Ballot Paper and marking stamp to him after obtaining his signatures. He
will then go to the polling compartment where he will mark his vote and after
that put the same in the Ballot Box after folding it properly. In case the
Government decides to hold the elections to the Gram Panchayat, Panchayat
Samiti and Zila Parishad simultaneously, the Commission may order the posting
of additional persons as polling officers in the interest of smooth poll. Each
additional Polling Officer (s) will be custodian of ballot papers for Gram
Panchayat, Panchayat Samiti and Zila Parishad constituency, respectively and
ballot papers will be given to the elector in this order. (1)
If a person representing himself to be a
particular voter named in the electoral roll, asks for a ballot paper after
another person has voted as such [22][voter,] he shall after such enquiry as the Presiding
Officer may make be allowed to [23][vote, but] his vote will be considered
to be a tendered vote which shall be handed over to the Presiding Officer. The Presiding
Officer will mark the vote as tendered vote and all such votes shall be put in
a separate [24][envelope] meant for tendered votes and the word
"Tendered Vote" shall also be written by the Presiding Officer on the
vote and the electoral roll and the name of the polling station to which the
roll relates shall be entered in a list bearing the heading "Tendered
Votes List." The person tendering such ballot-paper shall sign his name
and address or affix his thumb-impression against the entry of that list. (2)
The "Tendered Votes List" shall be
prepared by the Presiding Officer in Form VII. If any candidate or polling agent declares and undertakes
to prove that any person by applying for a ballot-paper has committed the
offence of impersonation the Presiding Officer may require such person to enter
in the list of challenged [25][votes, his] name, and address or it he unable to write,
to fix his thumb-impression thereto and may further require such person to
produce evidence of identification. If after summary enquiry the Presiding
Officer is satisfied, that he is a genuine voter, he shall be allowed to vote.
If the challenged person is not found to be genuine, he may be sent to the
nearest Police Station with a report for registration of a case against him.
The Presiding Officer shall at the close of the Poll, prepare a list of challenged
voters on Form VIII. A voter, who has inadvertently spoilt his ballot-paper in
such a way that it cannot conveniently be used as a ballot-paper may, on [26][delivery of] 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". (1)
If the Presiding Officer is satisfied that
owing to blindness, old age or other physical [27][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 18 years of age to the voting compartment for marking and putting the
ballot-paper [28][into] the ballot-box on his behalf and in accordance with his
wishes. (2)
The Presiding Officer shall keep a brief
record of all such instances without indicating the manner in which the votes
have been cast. (1)
If a voter 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 "cancelled returned" and kept in a
separate packet set apart for the purpose and 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 voter at the Polling Station or the
Polling [29][Compartment,] it shall be presumed as cancelled and
dealt with in accordance with the provisions of [30][sub-rule (1),] as if it has been returned to the
Presiding Officer. (1)
If at an [31][election,] any ballot-box or boxes is or are unlawfully
taken out of the custody of the Presiding Officer or is or are in any way
tampered with, or is or are either accidentally or intentionally destroyed or
lost, the [32][election,] in respect of Polling
Station to which the ballot-box or boxes [33][relate,] may be declared void by the Election
Commission. (2)
Whenever the polling at any polling station
is liable to be declared void under sub-rule (1), the Presiding Officer shall,
as soon as practicable after the act or event causing such contingency has come
to his knowledge, report the [34][matter to Election Commission] who shall, after holding
such enquiry as he may deem necessary, declare such polling to be void and
shall appoint a day for the taking of a fresh poll, in such Polling Station or
Stations, as the case may be, and fix the hours during which the poll
shall be taken; and the votes cast during the said election shall not be
counted until such fresh poll has been completed. (3)
The provisions of this rule shall apply to
every such fresh poll as they apply to the original poll. (1)
The Returning Officer, the Presiding Officer,
the District Election Officer or the Election Commission may adjourn the poll
in a sabha area or constituency at any time in case the poll is interrupted or
obstructed by:- (i)
any riot or violence; or (ii)
a direct or indirect threat to the election
process or conduct of poll; or (iii) an action of snatching or destroying the [35][ballot-papers;] or (iv)
any type of natural calamity; or (v)
booth-capturing at the polling station or at
a place fixed for polling; or (vi)
any other sufficient reason to be recorded in
writing. (2)
Whenever the polling is adjourned in terms of
the provisions of [36][sub-rule (1),] the Returning Officer shall as soon as
practicable, report the matter to the Election Commission who shall appoint a
day for a fresh poll and shall fix the time at which such poll shall be held. (1)
Subject to the provisions of rule [37][30,] the Election Commission or District Election
Officer, for reasons to be recorded in writing, may by an order, cancel the
election programme at any time, before the commencement of the poll, [38][if, --] (i)
electors are threatened or prevented from
exercising their franchise; or (ii)
electors are threatened or prevented directly
or indirectly not to contest the [39][elections; or] (iii) there is any type of natural [40][calamity.] (2)
Whenever an election programme is cancelled
in terms of the provisions of sub-rule (1), the Election Commission shall frame
a fresh election programme as provided in section 35 in respect of that Sabha
area or [41][constituency.] (1)
In a Sabha area where there is only one
polling Station, the Returning Officer shall follow the [42][procedure set out in sub-rule (2)] for the counting of
votes and declaration of result for election to the Gram Panchayat. (2)
The Presiding Officer shall, as soon as
practicable, after the close of the poll and in the presence of any candidate
or polling [43][agent,] who may be present:-- (a)
[44][inspect] and also allow an opportunity to candidates or their
polling agents to inspect the ballot-boxes and their seals to satisfy
themselves that they are in order; (b)
open the ballot-box after checking the mark
or marks made on the box and the label affixed, takes out the ballot papers
from the box and arrange them in [45][convenient] bundles, separating the ballot-papers which
he deems valid from those he rejects; (c)
allow the candidates and their agents who may
be present, reasonable opportunity to inspect all ballot-papers, which is in
the opinion of the Presiding Officer, are liable to be rejected but shall not
allow them to handle those or any other ballot- papers. The Presiding Officer
shall on every ballot-paper which is rejected, endorse the word
"rejected" and record briefly on such ballot-papers the grounds for
its rejection. A brief record shall be kept of the serial numbers of all
ballot-papers [46][rejected;] (d)
count the valid votes given in each candidate
with the aid of persons appointed to assist in the counting of votes and
declare the election of the candidate who is found to have obtained the largest
number of valid votes, or, if more than one member is to be elected for the
Gram Panchayat, then the candidates who are found to have obtained the largest
number of valid votes shall be declared to have been [47][elected; and] (e)
[48][after] the counting of ballot-papers contained in all
the ballot-boxes has been completed, the Returning Officer shall record a
statement in Form IX showing the total number of votes polled by each
candidate. (1)
In a Gram Sabha where there is more than one
Polling Station, the Presiding Officer of each Polling Station shall, as soon
as practicable, after the close of the poll, close the ballot-boxes used at the
Polling Station in such manner as the Election Commission may direct and
forward them to the Returning Officer. (2)
When the ballot-boxes used at all the Polling
Stations, in his Sabha or Constituency area have been received, the Returning
Officer shall, as soon as practicable, follow the procedure prescribed in rule
33 for the counting of votes and the declaration of results: Provided that in case of Constituency of a Panchayat
Samiti and [49][Zila Parishad,] ballot-boxes from all the polling
stations of a Constituency may be kept at a secure place and counting may be
done on a day fixed for counting by the Returning Officer and at a place to be
notified in advance: Provided further that separate parties will be deployed
for counting and the candidate may also deploy one counting agent for each
counting table and one more counting agent for the table of the Returning
Officer. The counting will be done by the counting parties and at the end of
the each [50][round,] the result of counting shall be compiled. Final
result shall be declared in accordance with rule 33. If, after the counting of votes is completed, votes
polled by two candidates are equal, and the addition of one vote will entitle
any of these candidates to be declared elected, the Returning Officer shall
forthwith decide between those candidates by draw of lots and proceed as if the
candidate in whose favour the lot [51][falls,] has received an additional vote. A ballot-paper contained in a ballot box shall be [52][rejected,
if-] (a)
it bears any mark or writing by which the
voter can be identified; (b)
it does not [53][contain] official mark; (c)
the Returning Officer is satisfied that the
ballot paper is spurious; (d)
it has been so damaged or mutilated that its
identity as a genuine ballot-paper cannot be established; (e)
it has not been marked in favour of any
candidate or has been marked in favour of more than one candidate. When the counting of votes has been completed and the
result has been [54][declared,] the Returning Officer, shall forthwith
prepare a return containing the following, namely:- (1)
the names of contesting candidates; (2)
the number of valid votes given for each
candidate; (3)
the name(s) of the candidate(s) declared to
have been elected; and shall forthwith forward a copy of the return to the
District Election Officer, Election Commission and to any other Officer
authorised by him in this behalf and a copy containing names of the candidates
declared elected may be given to the candidates [55][so
elected]. The Returning Officer shall put the [56][following
election papers] in separate packages on the outside of which shall be endorsed
a description of their contents, and after sealing them in separate packets,
forward to the [57][District
Election Officer,-]. (a)
the ballot-papers counted as valid; (b)
the ballot-papers rejected as invalid; (c)
the unissued ballot-papers; (d)
the issued tendered ballot-papers; (e)
the spoilt ballot-papers; (f)
the cancelled/returned ballot-papers; (g)
the tendered votes list; (h)
the list of challenged votes; (i)
account of ballot-papers; and (j)
the marked copy of electoral roll. (1)
The District Election Officer shall retain
the packets forwarded to him under the preceding rule in his custody until the
expiry of one year from the date of the election or till the conclusion of an
election petition, [59][if
any,] is pending, whichever is later, and shall then, subject to any direction
to the contrary given by the [60][Election Commission,] shall cause them to be destroyed. (2)
A candidate may apply to the District
Election Officer for inspection or supply of certified copies of any document
relating to an election other than ballot-papers and the marked copy of the
roll on payment of Rs. 5 and such copies shall be supplied in accordance with
the procedure to be followed for similar application in respect of a case dealt
with by a Revenue Officer. [61][The oath, required to be taken under section 13, 104 and
167 of the Punjab Panchayati Raj Act, 1994, shall be administered by a person,
authorized by the Government] The Election Commission may fix expenses to be incurred
by a candidate for any office which may vary from office to office and may also
specify the pro forma in which the expenditure statement will be submitted by
the candidate to the Commission within one month of the declaration of the
result. The Government may fix such staff of the Election
Commission and
the Election Tribunal as may be considered necessary for carrying out the
functions of the Act. (1)
As soon as a notification under section 209
of the Punjab Panchayati Raj Act, 1994 is issued by the Government to hold the
election of the members of the Panchayat Samiti, the District Election Officer
shall initiate the preparation of a list containing the names and addresses of
the Sarpanches of the Gram Panchayats falling under the jurisdiction of a
Panchayat Samiti and shall publish it by pasting the names at some conspicuous
places in his office, the office of the Panchayat Samiti concerned and the
Sub-Divisional Officer (Civil):-- (a)
Any Sarpanch whose name has not been included
in the list may file a claim with the concerned Returning Officer for inclusion
of his name within three days of the publication of the list. (b)
Any elector from the concerned Panchayat
Samiti may file any objection with the concerned Returning Officer regarding
inclusion of any name of person who is not a Sarpanch. (2)
The concerned Returning Officer shall call
the above elector and may dispose of any claim or objection after summary
inquiry within three days from the receipt of the claim or objection and
publish the final list in the manner given under sub-rule (1): Provided that any clerical or printing error may be
rectified by the concerned Returning Officer at any time. [62][(1) The Election Commission may appoint any officer as
the Returning Officer for the conduct of election from amongst the list of
Sarpanches finally published in sub-rule (1) of rule 43.] (2) ? The
Election Commission shall fix a [63][Schedule of election of the representatives from and by
Sarpanches of Gram Panchayats as specified in clause (b) of sub-section (1)] of
section 99 of the Punjab Panchayati Raj Act, 1994 and hold election to elect
the representatives of the Sarpanches in accordance with the provisions of
these rules as far as practicable. (3) ? The
election of representatives of the Sarpanches of every Panchayat Samiti shall
be notified by the Government. [64][(1) After the election of directly elected members is
notified by the Government and the elected members have taken oath or
affirmation under section 104 or 167 of the Punjab Panchayati Raj Act, 1994, as
the case may be, the Deputy Commissioner or any other officer, appointed by him
in this behalf, but not below the rank of Extra Assistant Commissioner, shall
call a meeting, as laid down under section 105 or 168 of the aforesaid Act,
after giving notice of minimum period of twenty four hour in Form 'X' to such
members to elect Chairman, Vice Chairman of the Panchayat Samiti or Zila
Parishad, as the case may be, in separate meetings in accordance with the
provisions of these rules: Provided that where the seat of Chairman or Vice-Chairman
of Panchayat Samiti or Zila Parishad, as the case may be, is reserved for
Scheduled Castes of Women, the proposer or seconder shall propose or second the
name of the persons belonging to such reserved categories only. (2) ? Two-third
of the total number of members shall constitute a quorum. (3) ? As
soon as the members have assembled at the pointed time and place, the Presiding
Officer shall call upon the members present to propose candidates for the two
offices and every proposal shall also be seconded by a member. The names of the
candidates, their proposers and seconders shall be recorded in Form XI and read
out by the Presiding Officer to the members present. (4) ? If,
at the first meeting, there is no quorum as specified in sub-rule (2), the
Presiding Officer shall adjourn the meeting. (5) ? When
a meeting is adjourned under sub-rule (4), another meeting shall be convened by
the Presiding Officer by giving not less than twenty four hours notice to the
members. (6) ? No
quorum shall be necessary for the second meeting. (7) ? If
there are two or more candidates for the seat of Chairman or Vice-Chairman, the
votes of the members, present at the meeting, shall be taken by ballot in Form
XII. The copy of the result of the election so held, in respect of Chairman and
Vice-Chairman of Panchayat Samiti or Zila Parishad, as the case may be, shall
immediately, be sent by the concerned officer, conducting the election to the
District Electoral Officer, the Election Commissioner and the State Government,
and a copy of the same may also be given to the elected candidate. (1)
After the election of directly elected
Panches is notified by the Government and the elected Panches have taken oath
or affirmation under section 13 of the Punjab Panchayati Raj Act, 1994, The
Deputy Commissioner or any officer or official authorized by him in this
behalf, shall call a meeting, as laid down under section 13-A of the aforesaid
Act, after giving notice of a minimum period of twenty four hours in Form 'X'
to such Panches to elect the Sarpanch in accordance with the provisions of
these rules. (2)
Two-third of the total number of Panches
shall constitute a quorum. (3)
As soon as the Panches have assembled at the
appointed time and place, the Presiding Officer shall call upon the Panches
present, to propose themselves for the election of Sarpanch, if they so desire.
The names of such candidates shall be recorded in Form XIII and read out by the
Presiding Officer to the Panches present. (4)
If, at the first meeting, there is no quorum
as specified in sub-rule (2), the Presiding Officer shall adjourn the meeting. (5)
When a meeting is adjourned under sub-rule
(4), another meeting shall be convened by the Presiding Officer by giving not
less than twenty four hours notice to the Panches. (6)
No quorum shall be necessary for the second
meeting. (7)
If there are two or more candidates for the
seat of Sarpanch, the votes of the Panches, present at the meeting, shall be
taken by ballot in Form-XII. (8)
The election of the Sarpanch shall be made
from the category for which it is reserved. If there is only one candidate
available for the office of Sarpanch of that particular reserved-category, then
he/she shall be deemed to have been elected unopposed for the office of
Sarpanch. The copy of the result of the election of Sarpanch so held, shall
immediately be, sent by the officer, conducting the election to the District
Electoral Officer, the Election Commission and the State Government, and a copy
of the same may also be given to the elected candidate.] The State Government may appoint Deputy Election
Commissioner from amongst IAS and PCS [65][Officers]
of the State Government not below the rank of Additional Secretary. The Deputy
Election Commissioner shall be on deputation with the Commission on usual terms
and conditions. The State Government may appoint a Secretary to the
Election Commission from amongst the IAS or PCS Officers of the State
Government not below the rank of Joint Secretary. The Secretary shall be on
deputation with the State Election Commission on usual terms and conditions of
deputation for a maximum period of five years. The Commission may from time to time issue instructions
to carry out the purposes of the Act and these rules for the conduct of
election. The instructions so issued by the Commission shall be complied with
by the concerned officers and officials. If any question arises regarding the interpretation of
the rules otherwise than in connection with an election petition which has
actually presented, it shall be referred by the person interested or the
official concerned to the State Government whose decision shall be final. (1)
Any election petition under section 76 shall
be presented to the Election Tribunal. (2)
The petitioner shall enclose with the
petition copies of the petition and its enclosures equal to the number of
respondents. [66][The petitioner shall set- forth in the petition full particulars of any material
irregularities which he alleges, including a full statement as far as possible
with regard to the commission of each such irregularity. The petition shall,
where necessary, be divided into paragraphs number consecutively. (1)
At the time of, or before, presenting an
election petition, the petitioner or petitioners shall deposit in the treasury
or sub-treasury a sum of rupees two 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 (I) 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 heirs. (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. If any of the provisions of rules 51 and 52 and Section
76 of the Act has not been complied with, the Election Tribunal shall pass an
order of dismissing the election petition and such order shall be final. An election petition may be withdrawn only by leave of
the Election Tribunal. The following set of rules are hereby repealed, namely:-- (1)
The Punjab Gram Panchayat Election Rules,
1960; (2)
The Punjab Panchayat Samitis (Primary
members) Election Rules, 1961; (3)
The Punjab Panchayat Samities Co-option of
members Rules, 1961; (4)
The Panchayat Samitis and Zila Parishads
Election of members Rules, 1961; (5)
The Punjab Zila Parishad (Co-option of
members) Rules, 1961; and (6)
The Punjab Panchayat Samitis and Zila
Parishads (Chairman and Vice-Chairman) Rules, 1961: Provided that any order made or action taken under the
rules so repealed shall be deemed to have been made or taken under the
corresponding provisions of these rules. [1] The words "whether by direct election or out of the
representative of Sarpanches or Chairman or Vice-Chairman of the Panchayat
Samiti or Zila Parishad, as the case may be" omitted vide Punjab Panchayat
Election (First Amendment) Rules, 2006 published in Punjab Govt. Gaz. (L.S.)
Part III, dated December 29, 2006. [2] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "1994 has been". [3] For the word "has been" the word "is"
substituted vide Punjab Panchayat Election (First Amendment) Rules, 2006
published in Punjab Govt. Gaz. (L.S.) Part III, dated December 29, 2006. [4] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "Or". [5] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "section 35". [6] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "posting" [7] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "M.L.A., M.P.". [8] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "M.L.A., M.P.". [9] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "alphabetical". [10] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "and shall". [11] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "and shall". [12] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "Other". [13] Substituted
for the words "infirm electoral" vide Punjab Panchayat Election
(First Amendment) Rules, 2006 published in Punjab Govt. Gaz. (L.S.) Part III,
dated December 29, 2006. [14] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "car not". [15] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "helps". [16] Substituted for the words "(g) Such other persons as
the Returning Officer or Presiding Officer may allow." vide Punjab
Panchayat Election (First Amendment) Rules, 2006 published in Punjab Govt. Gaz.
(L.S.) Part III, dated December 29, 2006. [17] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "see". [18] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "allotted". [19] Substituted for the words "(2) A postal ballot paper
shall be sent by the post under certificate of posting to the Elector by the
Returning Officer ten days before the date of actual poll to voters who apply
for the same. The elector will mark his choice and return the postal Ballot
Paper to the Returning Officer so that the Ballot Paper reaches the Returning
Officer on or before the date of actual poll." vide Punjab Panchayat
Election (First Amendment) Rules, 2006 published in Punjab Govt. Gaz. (L.S.)
Part III, dated December 29, 2006. [20] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.)on dated 14.9.2005 for ?Vorters". [21] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "any reason". [22] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "voter". [23] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "vote but". [24] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "envelop". [25] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "votes his". [26] Substituted for the word "delivery" vide Punjab
Panchayat Election (First Amendment) Rules, 2006 published in Punjab Govt. Gaz.
(L.S.) Part III, dated December 29, 2006. [27] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "infirmity". [28] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "in to". [29] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "Compart-ment". [30] Substituted
vide Corrigendum dated 7.9.2005 published in Punjab Govt. Gaz. (Extra.) on
dated 14.9.2005 for "sub-rule (1)". [31] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "election". [32] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "election". [33] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "relate". [34] Substituted for the words "Matter to the Election
Commission" vide Punjab Panchayat Election (First Amendment) Rules, 2006
published in Punjab Govt. Gaz. (L.S.) Part III, dated December 29, 2006. [35] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "ballot-papers". [36] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "sub-rule (1)". [37] Substituted for figure and word "30 of vide Punjab
Panchayat Election (First Amendment) Rules, 2006 published in Punjab Govt. Gaz.
(L.S.) Part III dated December 29, 2006. [38] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "if:--". [39] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "elections.". [40] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "calamity;". [41] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "constituency". [42] Substituted for the words "following procedure"
vide Punjab Panchayat Election (First Amendment) Rules, 2006 published in
Punjab Govt. Gaz. (L.S.) Part III, dated December 29, 2006. [43] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "agent". [44] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "Inspect". [45] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "convelant". [46] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "rejected.". [47] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "elected.". [48] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "After". [49] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "Zila Parishad". [50] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "round". [51] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "falls". [52] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra ) on dated 14.9.2005 for "rejected; if--". [53] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "contains". [54] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "declared". [55] Substituted for the words "also elected" vide
Punjab Panchayat Election (First Amendment) Rules, 2006 published in Punjab
Govt. Gaz. (L.S.) Part III, dated December 29, 2006. [56] Substituted for the words "election papers",
vide Punjab Panchayat Election (First Amendment) Rules, 2006 published in
Punjab Govt. Gaz. (L.S.) Part III, dated December 29, 2006. [57] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "District Election
Officer;". [58] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "Election". [59] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "if any". [60] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "Election Commission". [61] Substituted vide Punjab Govt. Notification No. G.S.R.
36/P.A. 19/1994/S. 139/Amd. (5)/2008 dated June 4, 2008. [62] Substituted for the words "(1) The Election
Commission may appoint any officer Returning Officer for conduct of election by
any from amongst the list of Sarpanches finally published under sub-rule (1) of
rule 43." vide Punjab Panchayat Election (First Amendment) Rules, 2006
published in Punjab Govt. Gaz. (L.S.) Part III, dated December 29, 2006. [63] Substituted for the words "Schedule of election of
representative from and by Sarpanches of Gram Panchayats as specified in clause
(b) of sub-section (1)" vide Punjab Panchayat Election (First Amendment)
Rules, 2006 published in Punjab Govt. Gaz. (L.S.) Part III, dated December 29,
2006. [64] Rule 45 and 45-A, substituted for Rule 45, vide Punjab
Govt. Notification No. G.S.R. 59/P.A.19/1994/S. 139/Amd. (6)/2008 dated November
11, 2008. [65] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "officers". [66] Substituted vide Corrigendum dated 7.9.2005 published in
Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "51.(1)".THE
PUNJAB PANCHAYAT ELECTION RULES, 1994