Rule - 1. Short title.-- The rules may be called the Sikh Gurdwaras Committee
Election Rules, 1959. Rule - 2. Definitions.-- In these rules unless the context otherwise requires :- (a)
"Act" means the Sikh Gurdwaras Act,
1925; (b)
"agent" means any person appointed
in writing by a candidate at an election. to be agent for the purposes of these
rules, with the acceptance in writing by such person of the office of such
agent, whether as election agent, polling agent or counting agent; (c)
"Commissioner, Gurdwara Elections"
and "Resident" shall have the same meaning as are respectively
assigned to them in the Act; (d)
"Committee" means the Committee of
Gurdwara or Gurdwaras whose annual monetary income exceeds three thousand
rupees; (e)
"constituency" means a constituency
for the election of a member or members of the Committee; (f)
"election" means an election to
fill a seat or seats in the Board and "elector", in relation to a
constituency, means a person whose name is for the time being entered in the
electoral roll of be that constituency; (g)
"form" means a form appended to
these rules and includes a translation there of in any other language; (h)
"roll" means the electoral roll of
a constituency; and (i)
"Scheduled Castes" means all such castes,
races or tribes or parts of or groups within such castes, races or tribes as
have been specified to be Scheduled Castes, in relation to the State of Punjab
under Article 341 of Constitution of India. Rule - 3. Returning
Officer.-- The returning officer of a constituency shall be - (a)
the General Assistant or where there are more
than one General Assistant, General Assistant 1 or where there is no General
Assistant such officer as the Commissioner, Gurdwara Elections, may appoint, if the constituency,
consists of a district; (b)
an officer appointed by the Commissioner,
Gurdwara Elections, if the constituency extends over more than one district: (c)
an Assistant Commissioner or an Extra
Assistant Commissioner appointed by the General Assistant or General Assistant I and where
there is no General Assistant such officer as may be appointed by the
Commissioner, Gurdwara Elections, if the constituency consists of one or more
tahsils not constituting a district; and (d)
an officer not below the rank of Tahsildar
appointed by the General Assistant or General Assistant I and where there is no
General Assistant such officer -. may be appointed by the Commissioner,
Gurdwara Elections, if the constituency consists of an area or combination of
areas less than a tahsil : Provided that if any officer appointed as a returning
officer under the provisions of this rule becomes incapable of acting as such
owing to his transfer, illness or other such cause the appointing authority may
appointed in his place any other officer whom he might originally have
appointed : Provided further that if the appointing authority is
himself the returning officer he may delegate any of his duties as such to an
Assistant Commissioner, or an Extra Assistant Commissioner, if he is unavoidably
prevented from performing the same. Rule - 4. Dates of various
stages of election.-- (1)
[The Chief Commissioner when in existence
otherwise the Commissioner, Gurdwara Elections][1] ,
shall fix the date or dates on, by or within which - (i)
the nomination papers shall be presented; (ii)
the list of nomination papers shall be
posted; (iii)
the nomination papers shall be scrutinised; (iv)
applications for the revision of the orders
of the authority scrutinising the nomination papers may be made to the Deputy
Commissioner; (v)
the revision applications shall be decided; (vi)
a candidate may withdraw his candidature; (vii)
the list of valid nomination papers shall be
posted; (viii)
the list of polling stations shall be posted; (ix)
the polling shall be held; and (x)
the result of election shall be declared : Provided that the last date for the nomination of
candidates for election shall be fixed not less than thirty days before the
date fixed for the poll and not less than fifteen days after the date of the
publication of the notice under sub-rule(2) and the date for the scrutiny of
nominations shall be fixed not more than seven days from the last date for the
nomination of candidates. (2)
The returning officer shall publish the dates
fixed under sub-rule (1) by notice posted at his office and at the office of each tehsil in
which the area comprising the constituency, or any part of such area, is
situated, and at the office of every patwari, if any, and every post office, if
any, and every Notified Sikh Gurdwara situated in such area, and if the constituency
consists of a single revenue estate or of a number of specified revenue estates
in which there* is neither the office of the patwari nor a post office, at a
place of public resort within the boundaries of each such revenue estate. (3)
?[The
Chief Commissioner when in existence otherwise the Commissioner, Gurdwara
Elections][2] ,
may order a change in any of the dates fixed under sub-rule (1) at any time : Provided that unless the Commissioner, Gurdwara
Elections, otherwise directs no such order shall be deemed to invalidate any
proceedings taken before the date of the order. Rule - 5. The electoral
roll.-- The electoral roll of a constituency for the election of
a member or members of a Committee shall be such portion or portions of any
roll or rolls in force at the time, of any constituency or constituencies for
the elections of member or members of the Board as relates or relate to the
area or areas comprised in such constituency for the election of a member or
members of such Committee, whether such election is held at the same time as an
election of a member of the Board or at any other time. Rule - 6. Notification of
Symbols.-- (1)
The Chief Commissioner, Gurdwara Elections,
when in existence, otherwise the State Government][3] shall
by notification in the official Gazette publish a list of symbols and may in
like manner add to or vary such list. (2)
In each constituency every nomination paper
delivered under rule 7 shall also be accompanied by a declaration in writing
specifying the particular symbols which the candidate has chosen for his first
preference out of the list of symbols for the time being in force under
sub-rule (1) and also specifying two other symbols out of that list which he
has chosen for his second and third preferences respectively: Provided that the choice to be made by a candidate under
this sub- rule shall be subject to such restrictions as the State Government
may think fit to impose in that behalf. Rule - 7. Nomination of
candidates.-- (1)
Any person not ineligible for membership of
the Committee under the provisions of section 90 of the Act may be nominated as
a candidate for election : Provided that - (a)
on or before the date fixed for the
nomination of candidates under the provisions of rule 4, between the hours of
11 o'clock in the forenoon and 3 o'clock in the afternoon, he shall deliver,
either in person o r by his proposer or by an agent appointed by authority in
writing, signed by the candidate and verified by a magistrate, sub-registrar,
sarpanch, nayaye pradhan, lambardar or member of Legislature or local body to
the returning or any other officer appointed by him in this behalf, a nomination paper completed in
form 1 and subscribed by the candidate himself as assenting to the nomination
and by one person as proposer, whose name is included in the roll of the
constituency as specified in rule 5: (b)
no person shall subscribe as proposor a
number of nomination paper greater than the number of members to be elected to
represent the constituency in question, and if a person has subscribed a large
number of nomination papers than there are vacancies to be filled, only those
of the papers so subscribed which have been first received up to the number of
such vacancies shall be deemed to be valid. (2)
On the presentation of a nomination paper,
the returning officer shall satisfy himself that the names and electoral roll
numbers of the candidates and his proposer as entered in the nomination paper
are the same as those entered in the electoral rolls: Provided that the returning officer may - (a)
permit any clerical error in the nomination
paper in regard to the said 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. Rule - 8. Deposits.-- (1)
On or before the date appointed for the
nomination of candidates, each candidate shall deposit or cause to be deposited
with the returning officer in the treasury or a sub-treasury of Reserve Bank a
sum of one hundred rupees and no candidate shall be deemed to be duly nominated
unless such deposit has been made : Provided that not more than one such deposit need be made
by any candidate in respect of his candidature for any one constituency : Provided further that where the candidate is a member of
the Scheduled Castes, the amount to be deposited by him or on his behalf shall
be rupees fifty. (2)
If a candidate by whom or on whose behalf the
deposit has been made, withdraws his candidature in the manner and within the
time specified in sub- rule (1) of Rule 12. or if the nomination of any such
candidate is rejected, the whole deposit shall be returned to the person by
whom it was made. (3)
If a candidate by whom or on whose behalf the
deposit has been made, withdraws his candidature within the time specified in
sub-rule (2) of rule 20, three-quarters of the deposit shall be returned to the
person by whom it was made and the remaining one-quarter shall be forfeited to
the State Government. (4)
If a candidate by whom or on- whose behalf
the deposit has been made dies before the commencement of the poll, the
deposits, if made by him, shall be returned in full to his legal representative
or, if not made by the candidate, shall be returned in full to the person by whom
it was made. (5)
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 the minimum as specified below, the
deposit shall be forfeited to the State Government :- (a)
Where the number of candidates to be
One-eighth of the total number of votes elected at the election by a
constituency is polled, one (b)
Where the number of candidates to be One-half
of the least number of votes polled elected at the election by a constituency
is by a candidate who has been elected at the two i election. (c)
Where the number of candidates to be
One-third of the least number of votes polled elected at the election by a
constituency is by a candidate who has been elected at the three election. (d)
Where the number of candidates to be One
quarter of the least number of votes elected at the election by a constituency
is polled by a candidates who has been elected four at the election. (6)
If a candidate by whom or on whose behalf the
deposit, referred to in sub-rule (1), has been made is elected or is not
elected, the deposit shall, if it is not forfeited under sub-rule (5), be
returned to the candidate or to the person who has made this deposit on his
behalf, as the case 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 - 9. List of nominations
to be posted.-- The returning officer shall, on the date specified under
rule 4 in this behalf, post at his office a list of all the candidates, whose
nomination papers have been duly presented in accordance with the provisions of
rule 5, together with descriptions similar to those contained in the nomination
papers of the candidates and of the persons who have subscribed the nomination
papers as proposers. Rule - 10. Candidates, etc.,
to be allowed to examine nomination papers.-- On the date fixed for the scrutiny of nominations under
the provisions of rule 13, the candidates, one proposer of each candidate and
one agent of such candidate but no other person, may attend at such time and
place as the returning officer may appoint, and the returning officer shall
give them all reasonable facilities for examining the nomination papers of all
candidates whose names are included in the list of candidates posted under the
provisions of rule 9. Rule - 11. Scrutiny of
nominations and decision of objections.-- (1)
On the date fixed for the scrutiny of
nominations under the provisions of rule 4, after facilities have been given
for the examination of nomination papers under the provisions of rule 10, and
if necessary on the next following day, the returning officer or, if the
returning officer is the General Assistant or General Assistant I, any other
officer not below the rank of Tehsildar appointed by the returning officer in this
behalf, shall examine the nomination papers of all candidates whose names are
included in the list of candidates posted under the provisions of rule 9, and
shall decide all objections made to any nomination, and may, either on such
objections or of his own motion, after such summary enquiry, if any, as he may
deem necessary, reject any nomination on any of the following grounds : (a)
that the candidate is ineligible for election
under the provisions of section 90 of the Act; (b)
that a proposer was not qualified to
subscribe the nomination paper under the provisions of rule 7; (c)
that there has been any failure to comply
with any of the provisions of rule 7, or rule 8; ' , (d)
that the candidate or his proposer is not
identical with the person whose number on the roll is given in the nomination paper as the
number of such candidate or proposer, as the case may be; (e)
that the signature of the candidate or his
proposer is not genuine or has been obtained by force or fraud; Provided that - (i)
nothing contained in clause (a) of this
sub-rule shall be deemed to authorize the rejection of the nomination of any
candidate on the ground that he is ineligible for election owing to his being a
patit; (ii)
nothing contained in clause (b), (c), (d) or
(e) of this sub- rule shall be deemed to authorise the rejection of the
nomination of any candidate on the ground of any irregularity in respect of a
nomination paper if the candidate has been duly nominated by means of another
nomination paper in respect of which no irregularity has been committed. (2)
If any question arises whether a candidate is
or is not able to read and write Gu-rumukhi, the candidate shall be deemed to
fulfil that qualification if he produces a certificate from the headmaster of a
Government or a recognised Khalsa School, of not below the middle standard, to
the effect that the candidate can recite Shri Guru Granth Sahib in Gurumukhi
and can also write Gurumukhi. (3)
The returning officer or other officer
appointed under the provisions of sub-rule (1) for the scrutiny of nomination
papers shall endorse on each nomination paper his decision accepting or
rejecting it, and if he rejects it, shall record in writing a brief statement
of his reasons for so rejecting it. (4)
Any person aggrieved by any order passed by
an authority under sub-rule (1) or sub-rule (3), may, within the date specified
under rule 13 in this behalf, present in person or by counsel or by an agent
appointed by authority in writing signed by him and verified by a Magistrate,
sub-registrar, sarpanch, nayaye pardhan, lambardar or a member of Legislature
of local authority, to the Deputy Commissioner of the district in which the
returning officer is posted, an application for revision of such order. (5)
When any application for revision of an order
has been received under sub-rule (4), the Deputy Commissioner, may, after
hearing the applicant or his counsel, confirm such order or, after serving the
candidates for election from the constituency with a notice, either personally
or by registered post or by affixing its copy to those persons residences or at
the address given in their nomination papers, intimating the date on which the
application will be heard, and after hearing the applicant and such other
candidates, as may appear on the date so intimated, may confirm such order or
set it aside and pass such order other as he may deem fit. The order so passed
under this sub-rule shall be final. Rule - 12. Withdrawal of
candidatures.-- (1)
Any candidate may withdraw his candidature by
notice in writing subscribed by him and delivered by him in person or by his
proposer or agent to the returning officer before 3 o'clock in the afternoon on
the date specified under rule 4 in this behalf and no person who has thus
withdrawn his candidature shall be allowed to cancel his withdrawal. (2)
The returning officer may allow withdrawal of
candidature not less then ten days previous to the date of the commencement of
the poll if the number of remaining candidates is equal to the number of member
or members to be elected from the constituency. Rule - 13. Assignment of
symbol to candidates.-- (1)
If in any constituency the number of validly nominated
candidate exceeds the number of seats to be filled, the returning officer
shall, before preparing a list of valid nominations under rule 14, consider the
choice as respects symbols expressed by candidates in the declarations referred
to in sub-rule (2) of rule 6; delivered by them along with their nomination
papers and shall, subject to any general or specified directions issued by the
State Government in this behalf, assign a different symbol to each candidate in
conformity, as far as practicable, with his choice. If more candidates than one
indicate their preferences for the same symbol, the returning officer shall
decide by lot to which of those candidates the symbol shall be assigned. The
decision of the returning officer in assigning any symbol to a candidate under
'this rule shall be final. (2)
In every case where a symbol has been
assigned to a candidate under sub- rule (1), such candidate or his agent shall
forthwith he informed of the symbol so assigned and be supplied with a specimen
thereof by the returning officer. Rule - 14. List of all valid
nominations to be posted.-- (1)
On completion of the scrutiny of nominations
and after the expiry of the period within which candidatures may be withdrawn
under the provisions of rule 12, the returning officer shall forthwith prepare
a list of valid nominations and cause it to be posted up in some conspicuous
place in his office and at such other places in the constituency as he may deem
fit. (2)
The list to be posted under sub-rule (1)
shall contain the names in alphabetical order in Gurmukhi and address of the
validly nominated candidates as given in the nomination papers and indicate the
symbol assigned to each candidate. (3)
If there are two candidates whose names are
the same, they shall be distinguished by the addition of their occupation or
their village or in such other manner as the returning officer may think fit. Rule - 15. Death of candidate
before poll.-- If a candidate dies before the poll and after the date
fixed for the nomination of candidates and his nomination is or has been
accepted as valid at the time of scrutiny of nomination papers, all proceedings
with reference to the election of a member in the constituency or
constituencies in which he was candidate shall be commenced a new in all
respects as if for a fresh election. Provided that no fresh nomination shall be necessary in
the case of a candidate whose name is entered on the list of valid nominations
posted under the provisions of rule 9. Rule - 16. Procedure in
uncontested election.-- Subject to the provisions of rule 15, if the number of
candidates validly nominated in any constituency it equal to or less than the
number of members to be elected for such constituency, then such candidates
shall be deemed to have been elected and the returning officer shall forward a
list of names of such candidates to the Commissioner, Gurdwara Elections, and
if the number of such candidates is less than the number of members to be
elected, the Commissioner, Gurdwara Elections, shall fix another date for the
election of the remaining members. Rule - 17. Procedure in
contested election.-- If the number of candidates validly nominated in any
constituency is more than one, a poll shall be taken on the date or dates
specified under rule 4 in this behalf for the election. Rule - 18. List of polling
stations to be published and polling officers to be appointed.-- (1)
The returning officer shall select such
number of polling stations as he may deem necessary and shall, not less than
seven days before the first date or the dates fixed for the election, publish
in the manner prescribed for the publication of rolls and notices in sub-rule
(2) of rule 4 a list showing the polling stations so selected, the polling area
for which each such station has been selected and the hours during which each
such station shall remain open for the recording of votes, and no person shall
be permitted to record his vote except at the polling station of the area to
which according to the roll he belongs and during the hours specified in the
list. (2)
The returning officer shall appoint a
presiding officer for each polling station and such other persons (hereinafter
referred to as polling officers) to assist the presiding officer as he may deem
necessary but he shall not appoint any person who has been employed by or on
behalf of or has been otherwise working for, a candidate in or about the
election. If the presiding officer, owing to illness or other unavoidable
cause, absents himself from the polling station, his functions shall be
performed by such polling officer as has been previously authorized by the
returning officer to perform such functions during any such absence, and if a
polling officer is absent from the polling station, the presiding officer may
subject to the restriction imposed above, appoint any person who is present at
the polling station to be the polling officer and inform the returning officer
accordingly. The returning officer may at any time, if he thinks fit,
appoint any other person to act in place of any person previously appointed. (3)
The presiding officer shall, in addition to
performing any other duties imposed upon him by these rules, be in general
charge of all arrangements at the polling station and may issue orders as to
the manner in which persons shall be admitted to the polling station and
generally for the preservation of peace and order at or in the vicinity of the
polling station. Rule - 19. Materials to be
supplied at polling stations.-- (1)
The Commissioner, Gurdwara Elections, may
direct that before any ballot-paper is delivered to a voter at a polling
station, it shall be marked with such official mark as may be specified by him
in this behalf and the official mark so specified shall be kept secret. (2)
The returning officer shall provide at each
polling station as many ballot-boxes and ballot-papers as may be necessary,
instruments for stamping the official mark on the ballot-papers when any
direction in this behalf has been issued by the Commissioner. Gurdwara
Elections, copies of the roll or such part thereof as contain the names of the
electors entitled to vote at such station and materials sufficient for the
purpose of enabling electors to mark the ballot-papers. Rule - 20. Arrangement for
secrecy of voting.-- Each polling station shall be furnished with such number
of polling compartments, in which electors can record f-.ir votes screened from
observation, as the presiding officer thinks necessary. Rule - 21. Ballot-box.-- (1)
Every ballot-box shall be of such design as
may be approved by the Commissioner, Gurdwara Elections, and shall be so
constructed that ballot-papers can be inserted therein during the polling but
cannot be withdrawn therefrom without the box being unlocked and the seals
being broken. (2)
One ballot-box shall, at a time , be used in
a polling station and the same shall be placed for the receipt of the
ballot-papers in the view of the presiding officer, candidates and their
agents. Rule - 22. Notices to be
exhibited.-- Outside each polling station and each polling compartment
there shall-be displayed prominently :- (i)
a notice specifying the polling area the
electors of which are entitled to vote at the polling station; (ii)
a list of the validly nominated candidates;
and (iii)
instructions for marking the votes on the
ballot-papers. Rule - 23. Procedure before
commencement of poll.-- (1)
The presiding officer shall, immediately
before the commencement of the poll, allow inspection of each ballot box to be
used at the poll to the candidates, their election agents and their polling
agents who may be present at the polling station, and demonstrate to them that
it. is empty. (2)
Where it is necessary to use a paper seal for
securing the ballot-box, the presiding officer shall thereafter fix, in the
space meant therefor, in each such box, a paper seal provided for the purpose. (3)
He shall also affix on such paper seal his
own signature and signatures or seals of the candidates or of their election or
polling agents as may be present and who desire to affix such signatures or
seals and shall then secure and seal each box in their presence in such a
manner that the slit in the box for the insertion of the ballot-papers remains
open. (4)
Where it is not necessary to use a paper seal
for securing a ballot-box, the presiding officer shall, after demonstration
under sub-rule (1) that the ballot-box is empty secure and seal the box in such
a manner that the slit in the box for insertion of papers therein remains open
and shall also allow the candidates or their election or polling agents, who
may be present, to affix their own seals on the box, if they se desire. (5)
The paper seal or other seals used in a
ballot-box shall be affixed in such a manner that it shall not be possible to
open to the box without breaking such paper seal or other seals or any thread
on which seals have been affixed. Rule - 24. Admission to
polling station.-- The presiding officer shall regulate the number of
electors to be admitted at any one time inside the place fixed for the poll and
shall exclude therefrom all other persons except - (a)
the polling officers; (b)
every candidates, his election agent and one
polling agent for each candidate; (c)
persons authorised by the Commissioner,
Gurdwara Elections, and the returning officer; (d)
public servants on duty; (e)
a child in arm accompanying an elector; (f)
a person accompanying a blind or infirm
elector who cannot move without help; and (g)
such other persons as the presiding officer
may from time to time' admit for the purpose of assisting him in taking the poll. Rule - 25. Ballot-paper.-- (1)
The ballot-paper shall be of the design and
printed in the manner as the Commissioner, Gurdwara Elections, may direct. (2)
The ballot-papers shall contain a serial
number, the names of the validly nominated candidates in the order in which
they appear in the list thereof and the facsimile of the symbol allotted to
each of the candidates. Rule - 26. Voting to be in
person and not by proxy.-- The voting shall be by ballot and every elector wishing
to record his vote shall do so in person and not by the proxy. Rule - 27. Questions to be put
to electors.-- At any time before a ballot-paper is delivered to an
elector, the presiding officer or a polling officer may of his own accord, if
he has reason to doubt the identity of the elector or his right to vote at the
polling station and shall, if so required by a candidate or his agent, put to
the elector the following questions :- (a)
Are you the person enrolled as follows :- (Reading the whole entry relating to the elector from the
roll ? (b)
Have you already voted at the present
election ? (c)
such other persons as he may deem fit or
necessary; and the elector shall not be supplied with a ballot-paper unless he
answers the first question in the affirmative and the second question in the
negative or if he refuses to answer any other question put to him in pursuance
of this rule. Rule - 28. Special procedure
for preventing resonation of electors.-- (1)
Subject to the other provisions of this rule,
every elector who applies for a ballot- paper for the purpose of voting at a
polling station shall, before receiving such ballot-paper, allow :- (a)
the inspection of his left forefinger to the
presiding officer or any polling officer; and (b)
an indelible ink mark to be put on his left
forefinger. (2)
If any such elector :- (a)
refuses to allow such inspection of his left
forefinger; or (b)
persists in doing any act with a view to
remove such mark after it has been put; he shall not be entitled to be supplied with any
ballot-paper or to record his vote at the election. (3)
No person who already has a mark on his left
forefinger at the time he enters the polling station shall be supplied any
ballot-papers, he shall be liable to be arrested and prosecuted for
personation. (4)
Any reference in this rule or in rule 29 to
the left forefinger of an elector shall, in the case where the elector has his
left forefinger missing be construed as a reference to any other finger of his
left hand, and shall, in the case where all the fingers of his left hand are
missing, be construed as a reference to the forefinger or any other finger of
his right hand and shall in the case all his fingers of both the hands are
missing be construed as a reference to such extremity of his left or right arm
as he possesses. Rule - 29. Procedure before
recording of votes.-- (1)
The elector on entering the polling station
shall first allow his left forefinger to be inspected by a polling officer for
the purpose of ascertaining if he already has any mark of indelible ink on that
finger. If there is no such mark, the polling officer- in-charge of the
electoral roll shall ascertain the elector's name and address and such other
particulars as appear on the roll and, after having checked these by reference
to the roll, shall call out the number, name and description of the elector according
to the entry in the roll. (2)
On the elector's name being called out, the
elector shall approach the polling officer-in-charge of the ballot-papers who
shall then cause the left forefinger of the elector to be marked with indelible
ink and shall thereafter deliver a ballot-paper or the requisite number of
ballot-papers to the elector. Before delivering the ballot-paper or papers the
polling officer shall, where a direction has been issued in this behalf under
sub-rule (1) of rule 19, stamp the ballot-paper or papers with such official
mark as may have been specified under that rule. Such polling officer shall at
the time of delivery of the ballot-paper or papers place against the serial
number of the elector in the electoral roll a mark to denote that the elector
has received a ballot-paper or papers and shall also keep a record of the
serial number or numbers of the ballot-paper or papers supplied to the elector
in such manner as the presiding officer may, subject to any general or special
instructions issued in that behalf by the Commissioner, Gurdwara Elections,
direct. (3)
In deciding the right of a person to obtain a
ballot-paper under this rule, the presiding officer at any polling station may
interpret an entry in the electoral roll so as to overlook merely clerical or
printing error if he is satisfied that such person is identical with the
elector to whom such entry relates. Rule - 30. Identification of
elector.-- The presiding officer may employ at the polling station
such person s as he thinks fit to assist him or any polling officer in
identifying the electors. Rule - 31. Manner of recording
votes.-- (1)
The elector on receiving a ballot-paper shall
forthwith proceed to one of the polling compartments and there make a mark on
the ballot-paper against the name of the candidate for whom he intends to vote
in accordance with such instructions as the Commissioner, Gurdwara Elections,
may issue in this behalf. (2)
The elector shall then, before quitting the
polling compartment, fold his ballot-paper so as to conceal his vote, and after
showing to the presiding officer the distinguishing mark, if any, on the
ballot-paper, put the ballot- paper so folded into the ballot-box in the
presence of this presiding officer. (3)
The presiding officer shall, when he is so
requested by an elector, explain to him instructions for the recording of
votes. (4)
Every elector shall vote without undue delay
and shall quit the polling station as soon as he has put his ballot-paper in
the ballot-box. No elector shall remain in a poling compartment longer than is
reasonably necessary for marking his vote. (5)
No elector shall be allowed to enter a
polling compartment when another elector is inside. Rule - 32. Recording of votes
of infirm electors.-- (1)
If owing to blindness or other physical infirmity,
an elector is unable to read the ballot-paper or make a mark thereon, the
presiding officer shall record the vote on the ballot-paper in accordance with
the wishes of the elector and fold it up so as to conceal the vote. (2)
The elector shall then himself or with the
assistance of the polling officer insert the ballot-paper into the ballot-box. (3)
While acting under this rule the polling
officer shall observe as much secrecy as feasible and shall keep a brief record
of each such instance but shall not indicate therein the manner in which any
vote has been given. Rule - 33. Tendered votes.-- (1)
It a person representing himself to be a
particular elector named on the electoral roll applies for a ballot-paper after
another person has already voted as such elector, he-shall, after duly
answering such questions as the polling officer may ask, be supplied with a
ballot-paper in form II (hereinafter in the rules referred to as a tendered
ballot-paper). (2)
Every such person shall, before being
supplied with a tendered ballot- paper, sign his name against the entry
relating to him in a list in form II. (3)
Such person shall thereafter record on the
ballot-paper the name or names of the candidate or candidates for whom he
wishes to vote; but if owing to illiteracy or any other reason he is unable to
make such record the presiding officer shall do so in accordance with his
wishes. (4)
The procedure laid down in sub-rule (3) shall
be followed with due regard to secrecy. (5)
Every such tendered ballot-paper shall
forthwith be placed in a separate cover which shall be sealed and all such
covers containing tendered ballot- papers shall be kept in a separate packet. Rule - 34. Challenged votes.-- (1)
If any candidate or his agent declares and
undertakes to prove that any person by applying for a ballot-paper has
committed the offence of personation, the polling officer may require such
person to state his name and address and shall then enter such name and address
in the list of challenged votes in form VI and shall require such person to
sign such entry or, if he is unable to write, to affix his thumb impression
thereto and the polling officer shall sign his name across such impression and
may further require such person to produce evidence of identification: Provided that no action shall be taken by the polling
officer under this sub-rule unless a sum of two rupees has been deposited in
cash with the polling officer by the candidate or his agent for each challenge
he makes. (2)
If the person so challenged refuses to comply
with such requisition, he shall not be permitted to vote. But if such person
does so comply and on being questioned in the manner provided in rule 27
answers the first question in the affirmative and the second question in the
negative and replies satisfactorily to any other question put to him in
pursuance of that rule, and if having been required to produce evidence of
identification he produces evidence, which the polling officer considers
satisfactory, he shall be allowed to vote after he has been informed of the
penalty for personation. (3)
If the presiding officer after such inquiry
on the spot as he thinks necessary is of opinion that the challenge made by the
candidate or his agent under sub-rule (1) is frivolous and has not been made in
a good faith; he shall direct the deposit made under sub-rule (1) to be
forfeited to Government and his order in this respect shall be final. (4)
If the deposit made under sub-rule (1) is not
forfeited under sub-rule (3), it shall be returned forthwith to the person by
whom it was made. (5)
The presiding officer shall in every ease,
whether or not the person challenged is allowed to vote, make a note of the
circumstances in the list of challenged votes. Rule - 35. Spoilt ballot
papers.-- A voter who has inadvertently dealt with his ballot-paper
in such a manner that it cannot conveniently be used as a ballot-paper may,
after delivering such ballot paper to the polling officer and satisfying him of
such inadvertence, obtain another ballot-paper in place of the spoilt paper,
and the latter shall be marked as cancelled. Rule - 36. Recording of votes
by staff on duty at polling station at which they are not entitled to vote.-- (1)
A presiding officer, a polling officer, any
other public servant or a polling agent, who is an elector in a constituency
and is, by reason of his. being on duty at a polling station, unable to vote at
the polling station where he is entitled to do so may, on application, be
allowed to record his vote in that constituency by means of the ballot-paper
prescribed for the constituency concerned, to be returned to the returning
officer of that constituency by post so as to reach him before the date fixed
for the declaration of result under rule 4. (2)
Every such application shall be addressed to
the returning officer of the constituency, shall specify the name of the
elector, his address and his electoral roll number and shall be made at least
ten days before the date fixed for the poll. (3)
If the returning officer is satisfied that
the applicant is entitled to vote under sub-rule (1), he shall make
arrangements for the supply to him of that ballot-paper by adding the word
"postal" thereon. Rule - 37. Return of
ballot-paper by elector.-- 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 as "cancelled - returned" and kept in a separate
envelope set apart for the purpose and a record shall be kept by the polling
officer of all such ballot-papers. Rule - 38. Closing of polling
station.-- The presiding officer shall close the polling station
each day at the hour appointed under the provisions of sub- rule (1) of rule 18
and no ballot-paper shall be issued to any elector after such hour, but all
electors present at the place fixed for the poll before it is so closed shall
be entitled to have their votes recorded : Provided that if for any reason it was not possible to
open the polling station at the hour appointed under the provisions of sub-rule
(1) of rule 18, or if by reason of disorder at the polling station, or for any
other reason the polling was Stopped 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 polling
was stopped, as the case may be. Rule - 39. Procedure at close
of poll.-- (1)
The presiding officer of each polling station
shall, as soon as practicable after the close of the polling in the presence of
the candidates or their agents who may be present, prepare an account of
ballot-papers in form V. (2)
He shall also make up into separate packets - (i)
the unused ballot-papers; (ii)
the tendered ballot-papers; (iii)
the cancelled ballot-papers (returned as well
as spoilt); (iv)
the marked copy of the electoral roll; (v)
the tendered votes list; (vi)
the list of challenged votes; (vii)
any other paper directed by the returning
officer to be kept in a sealed packet; and shall seal each such packet with his own seal and the
seals of such candidates or election or polling agents as may desire to affix
their seals thereon. (3)
He shall forward the account of ballot-papers
referred to in sub-rule (1) and the packets referred to in sub-rule (2) to the
returning officer, along with the packets referred to in rule 43. Rule - 40. Fresh poll in case
of destruction of ballot-boxes.-- (1)
If at any 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 election to which such ballot-box or boxes relate shall
be liable to be declared as void, but only in respect of the polling station or
stations provided for the poll, as the case may be, at which such ballot-box or
boxes was or were used and no further. (2)
Whenever the polling at any polling station
or stations or at the place fixed for the poll shall be liable to be declared
as void under sub-rule (1), the presiding officer shall, as soon as practicable
after the act or event causing such voidance has come to his knowledge, report
the matter to the returning officer, Deputy Commissioner and the Commissioner,
Gurdwara Elections. The Deputy Commissioner shall, in the event of his being
satisfied, declare the election void and the returning officer shall with the
approval of the Commissioner, Gurdwara Elections, appoint a day for the taking
of a fresh poll in such or every such polling station or in such place fixed
for the poll and fix the hours during which the poll will be taken : Provided that no fresh poll shall be taken if the
difference between the votes secured by the candidate who is found to have
obtained the least number of votes up to the number of members to be elected
and by the candidate who has polled the largest number of votes from amongst
the remaining candidates is more than the total number of voters entitled to
vote at such a polling station or polling stations in the constituency. (3)
The provisions of these rules shall apply to
every such fresh poll as they apply to the original poll. Rule - 41. Adjournment of
polling in emergencies.-- (1)
If at an election the proceedings at any
polling station provided under rule 18 are interrupted or obstructed by any
riot or open violence, or if at an election it is not possible to take the poll
at any polling station on account of any natural calamity, or any other
sufficient cause, the presiding officer shall announce an adjournment of the
poll to a date to be specified later, and shall forthwith inform the returning
officer. (2)
Whenever a poll is adjourned under sub-rule
(1), the returning officer shall immediately report the circumstances to the
Commissioner, Gurdwara Elections, and shall as soon as may be with the approval
of the Commissioner, Gurdwara Elections, appoint the day on which the poll
shall recommence and fix the hours during which the poll will be taken and the
votes cast at that polling station shall not be counted until such adjourned
poll shall have been completed : Provided that no adjourned poll shall be taken if the
difference between the votes secured by the two candidates who have obtained
the largest number of votes is more than the total number of voters entitled to
vote at such a polling station. Rule - 42. Counting of votes
to be done by presiding office at the polling station.-- Immediately after the formalities referred to in
sub-rules (1) and (2) of rule 39 are completed, the presiding officer shall
proceed with the counting of votes as follows:- (a)
He shall allow the candidates and their
agents, who may be present, to inspect all seals on the ballot-box or
ballot-boxes used at the polling station and satisfy them that they are in
order. (b)
He shall satisfy himself that none of the
ballot-boxes has been tampered with. (c)
If the presiding officer is satisfied that
any ballot-box has been tampered with, he shall not count the ballot-papers
contained in any ballot-box used at the polling station and shall follow the
procedure laid down in rule 40. (d)
If the presiding officer is satisfied that
all the ballot-boxes used at the polling station are intact and have not been
tampered with, he shall open them and take out the ballot-papers contained
therein and allow the candidates and their agents, who may be present, to
inspect the boxes and satisfy them that they are empty. Rule - 43. Scrutiny and
rejection of ballot-papers.-- (1)
The ballot-papers so taken out shall be
arranged in convenient bundles and scrutinised. (2)
The presiding 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 is a spurious ballot-paper; or (c)
if it has been so damaged or mutilated that
its identity as a genuine ballot-paper cannot be established; or (d)
if it bears a serial number, or is of a
design, different from the serial number, or the design, as the case may be, of
the ballot-papers authorised for use at the particular polling station; or (e)
if it does not bear any mark which it should
have borne under the provisions of rule 19; or (f)
if votes are given on it in favour of more
than one candidate; or (g)
if no vote is recorded thereon; or (h)
if the mark indicating the vote is placed on
the ballot-papers in such a manner as to make it doubtful to which candidate
the vote has been given. (3)
Before rejecting any ballot-papers under
sub-rule (2), the presiding officer shall allow each candidate, his election
agent and one of the other agents, who may be present, reasonable opportunity
to inspect the ballot- paper, but shall not allow them to handle it or any
other ballot-paper. (4)
The presiding officer shall endorse the
letter 'R' on every ballot-paper which he rejects and shall keep a brief record
in form VI of every case of rejection. (5)
All ballot-papers used at the polling station
which are rejected under this rule shall be kept in a separate packet. Rule - 44. Counting of valid
votes.-- (1)
Every ballot-paper which is not rejected
under rule 51, shall be deemed to be valid and the votes recorded thereon shall
be counted. (2)
The presiding officer shall prepare a result
sheet in form VII in respect of all ballot-papers taken out of the
ballot-boxes. (3)
After the counting of votes recorded on the
ballot-papers contained in the ballot-boxes used at the polling station has
been completed and the entry in respect thereof made in form VII, the presiding
officer shall announce the particulars in such entry. (4)
After such announcement has been made, a
candidate or, in his absence, his election or counting agent may apply in
writing to the presiding officer for a recount of all or any of the ballot-papers already counted
stating the grounds on which he demands such recount. (5)
On such an application being made, the
presiding 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. (6)
Every decision of the presiding officer under
sub-rule (5) shall be in writing and contain the reasons thereof. (7)
If the presiding officer decides under
sub-rule (5) to allow an application either in whole or in part, he shall - (a)
count the ballot-papers again in accordance
with his decision; (b)
amend the result sheet to the extent
necessary after such recount; and (c)
announce the amendments so made by him. (8)
After the particulars of entry have been
announced under sub-rule (3) or, in case of recount, under sub-rule (7), the
presiding officer shall sign the result sheet and no application for a recount
shall be entertained thereafter. (9)
After the result sheet has been signed by
presiding officer, the ballot- papers shall be kept in a separate packet which
shall be sealed and on which shall be recorded the following particulars,
namely :- (a)
the name of the constituency; (b)
the particulars of the polling station where
the ballot-box (es) was/were used; (c)
the names of the candidates; and (d)
the date of the poll. (10)
Each packet of rejected ballot-papers
referred to in sub-rule (5) of rule 43 shall be sealed and the particulars
specified in sub-rule (9) shall be recorded thereon. Rule - 45. Declaration of
elected candidates and procedure in case of equality of votes.-- (1)
The presiding officer shall forward the
packets containing the valid and rejected ballot-papers and the result sheet in
form VII referred to in rule 44 to the returning officer immediately. (2)
On the date fixed for the declaration of
result, the returning officer shall open the covers containing the
ballot-papers returned to him under rule 36, take out the ballot-paper from
each such cover and shall scrutinize the same in the manner laid down in rule
34. The ballot-papers rejected by the returning officer shall be kept by him in
a separate packet. (3)
The returning officer shall then count the
votes recorded on the ballot- papers not rejected by him under sub-rule (2) and
shall prepare a result sheet in form VII. (4)
After the counting of votes recorded on the
ballot-papers have been completed and the entry in respect thereof made in form
VII, the returning officer shall announce the particulars in such entry. (5)
After all the valid votes recorded on the
ballot-papers have been counted, they shall be kept in a separate packet which
shall be sealed and on which shall be recorded the following particulars,
namely :- (a)
the name of the constituency; (b)
the names of the candidates; and (c)
the date of counting. (6)
The packet of rejected ballot-papers referred
to in sub-rule (2) shall be sealed and the particulars specified in sub-rule
(5) shall be recorded thereon. (7)
The returning officer shall then consolidate
the result in from VIII from the result sheets received by him from all the
presiding officers in the constituency and the result sheet prepared by him
under sub-rule (3) and shall declare it in the following manner :- (a)
The candidates who are found to have obtained
the largest numbers of valid votes up to the number of members to be elected
shall be declared to have been elected; (b)
If, after the counting of votes, it is
impossible to determine which candidates have obtained the largest numbers of
votes up to the number of members to be elected, owing to the fact that two or
more candidates have obtained an equal number of votes, the returning officer
shall decide by lot which of such candidates shall be deemed to have been
elected and shall declare them elected accordingly. Rule - 46. Return of result of
election and publication of names of elected persons in Gazette.-- (1)
When the counting of votes has been concluded
and the result has been declared, the returning officer shall prepare and
forward to the State Government and to the Commissioner, Gurdwara Elections, a
return showing the names of the candidates', the number of valid votes recorded
for each and the name and address of the elected candidate and shall post a
copy of the return in a conspicuous place at his office. (2)
After such returns have been received from
all the returning officers, the State Government shall publish the names of the
persons so elected in the Official Gazette. Rule - 47. Custody, production
and inspection of election papers.-- (1)
The returning officer shall seal up the
parcels of issued and unissued ballot- papers and such parcels together with
all other parcels received from the polling station shall remain in his custody
until the expiry of one year from the date of the election when they shall be
destroyed subject to any direction to the contrary made by the State Government
or by a competent court or by a Tribunal appointed to hold an enquiry into an
election. (2)
While in the custody of the returning
officer, the packet of ballot- papers, whether valid, rejected, or tendered and
of the marked copy of the electoral roll shall not be opened and their contents
shall not be inspected by, or produced before, any person or authority except
under the order of a competent court or of a Tribunal. All other papers
relating to the election shall be open to public inspection subject to such
conditions and to the payment of such fee, if any, as the State Government may
direct. (3)
Copies of returns forwarded by the returning
officers under. rule 46 shall be furnished by the Commissioner, Gurdwara
Elections, on payment of fee of two rupees for each such copy. Rule - 48. Procedure for
tilling vacancy.-- When a vacancy occurs among the elected members of the
Board by the death, resignation or removal of any member and a new member has
to be elected in his place in accordance with the provisions of section 96 of
the Act, such election shall be conducted in the manner prescribed in these
rules for a general election and the programme of the election shall be framed
as soon as may be convenient after the occurrence of the vacancy and the
electoral roll in force under the provisions of rule 5 shall be deemed to be
the electoral roll for the purpose of holding the election. Rule - 49. Final authority for
interpretation of these rules.-- If any question arises regarding the interpretation of
these rules otherwise than in connection with an election petition which has
actually been presented, the question shall be referred to the Commissioner,
Gurdwara Elections who may decide it himself, or if he thinks fit, may refer it
to the State Government. The decision of the Commissioner, Gurdwara Elections,
or the State Government, as the case may be, shall be final. The Sikh Gurdwaras Board Election Rules, 1954, are hereby
repealed: Provided that any order made, notification issued or
anything done or any action taken under any of the said rules shall be deemed
to have been made, issued, done or taken under the corresponding provisions of
these rules. [1] Substituted
for "The Commissioner, Gurdwara Elections" vide MOH Notification No S
O 360(E), dated, 30.4.1998. [2] Substituted
for "The Commissioner, Gurdwara Elections" vide MOH Notification No S
O 360(E), dated, 30.4.1998. [3] Substituted
for "The State Government" vide MOH Notification No. S.O. 360(E),
dated 30.4.1998.THE SIKH
GURDWARAS COMMITTEE ELECTION RULES, 1959
Rule - 50. Repeal.--