In exercise of the
powers under Section 87 and Section 540 of the Uttar Pradesh Municipal
Corporation Act, 1959 (U.P. Act 11 of 1959) and sub-section (1) read with
clause (a) of sub-section (2) of Section 296 and Section 300 of the Uttar
Pradesh Municipalities Act, 1916 (U.P. Act 11 of 1916) and in supersession of
all the previous rules and orders issued in this behalf, the Governor, after
considering the objections and suggestions received in pursuance of order
published in Government Notification No. 418/9-1-10-01 GEN/2010, dated May 11,
2010 as required by sub-section (2) of Section 540 of the said Act of 1959 and
the sub-section (1) of Section 300 of the said Act 1916, is pleased to make the
following rules- (1)
These
rules may be called the Uttar Pradesh Municipalities (Election of Members,
Corporators, Chairmen and Mayors) Rules, 2010. (2)
They
shall be applicable in all the Municipalities in the State. (3)
They
shall come into force with effect from the date of their publication in the
Gazette. (1)
In
these rules, unless there is anything repugnant in the subject or context. (a)
"Act"
means the Uttar Pradesh Municipal Corporation Act, 1959 or the Uttar Pradesh
Municipalities Act, 1916, as the case may be. (b)
"Collector"
means Collector appointed under Section 14 of the United Provinces Land Revenue
Act, 1901 for the District within which the Municipalities, exercises the
jurisdiction for the same Act for such District and includes an Additional
Collector appointed under Section 14 clause (a) of the same Act and to whom the
Collector may have by order in writing delegated any functions under the
relevant Acts. (c)
"Commission"
means the State Election Commission constituted under Article 243-K of the
Constitution of India. (d)
"Contesting
candidate" means a candidate whose name is included in the list of
contesting candidate. (e)
"District
Election Officer" means the officer designated or nominated under these
rules. (f)
"District
Magistrate" means the District Magistrate appointed under Section 20 of
the Code of Criminal Procedure, 1973. (g)
"Divisional
Commissioner" with reference to a Municipalities means the Commissioner
appointed under Section 12 of the United Provinces Land Revenue Act, 1901, for
the Division within which the Municipalities, exercises its jurisdiction and
includes an Additional Commissioner appointed under Section 13 of the said Act
for such Division. (h)
"election"
means an election to fill the office of a member or Corporator or the Chairman
or the Mayor as the case may be of a municipality. (i)
"election
return" means an election return in a Form specified by the State Election
Commission. (j)
"elector"
means a person registered as elector in the electoral role prepared for a
territorial area of a Municipality. (k)
"Municipality"
means an institution of self-Government constituted under Article 243-Q. (l)
"polling
return" means a pro forma for polling return specified by the State
Election Commission. (m)
"Public
holiday" means any day which is a public holiday for the purpose of
Section 25 of the Negotiable Instruments Act 1881 (Act 26 of 1881). (n)
"State
Election Commissioner" means the State Election Commissioner appointed
under Article 243-K of the Constitution of India. (o)
"Symbol"
means a symbol included in the list prepared under Rule 27. (2)
Words
and impression used but not defined in these rules shall have the meaning
assigned to them in the Act. The Forms, notices, lists and orders prepared
or issued under these rules shall be in Hindi in Devnagri script. (1)
The
superintendence, direction and control of the conduct of the elections of the
corporators, members, chairmen and mayors of municipalities shall be vested in
the State Election Commission. An election shall be conducted in accordance
with provisions of these rules. (2)
The
election to the post of members, corporators, chairperson and mayor of the
municipalities shall not be contested on the basis of political parties. (1)
For
each district in the State, the Commission shall, in consultation with the
State Government, designate or nominate a district election officer who shall
be an officer of the State Government: Provided that the Commission may designate or
nominate more than one such officer for a district if the Commission is
satisfied that the functions of the office cannot be performed satisfactorily
by one officer. (2)
Where
more than one district election officer are designated or nominated for a
district under sub-rule (1), the Commission shall in the order designating or nominating
the district election officers also specify the area in respect of which each
such officer shall exercise jurisdiction. (3)
Subject
to the superintendence, direction and control of the State Election Commission,
the district election officer shall coordinate and supervise all work in
connection with the conduct of elections in the district within his or her
jurisdiction. (4)
The
district election officer shall also perform such other function as may be
entrusted to him or her by the Commission. The officers referred to in Rule 12 and any
other officer or staff employed in connection with the conduct of, all
elections shall be deemed to be on deputation to the Commission for the period
during which they are so employed and such officers and staff shall, during the
period, be subject to the control, superintendence and discipline of the
Commission. (1)
A
general election shall be held for the purpose of constituting a new
Municipality before the expiration of the duration of the existing Municipality
or on its dissolution. (2)
For
the said purpose, the Commission shall, by one or more notifications published
in the Gazette on such date or dates, call upon the wards or constituencies to
elect the Chairman or Mayor, members or the Corporators, as the case may be, in
accordance with the provisions of these rules and orders made thereunder: Provided that where a general election is
held otherwise than on the dissolution of the existing Municipalities, no such
notification shall be issued at any time earlier than six months prior to the
date on which the duration of that Municipality would expire. The functions of the Commission under these
rules or orders issued thereunder may, subject to such general or special
directions, if any, as may be given by the Commission in this behalf, be
performed also by an Additional Election Commissioner, a Deputy Election
Commissioner, a Joint Election Commissioner, an Assistant Election
Commissioner, if any, or by the Secretary to the Commission. (1)
The
Commission may nominate one or more Observers, who shall be an officer of the
State Government, to watch the conduct of election or elections in a
Municipality or a group of Municipalities and to perform such other functions
as may be entrusted to him or her by the Commission. (2)
An
observer nominated under sub-rule (1) shall have the power to direct the
returning officer for a Municipality or Municipalities for which he or she has
been nominated, to stop the counting of votes at any time before the
declaration of the result or not to declare the result if in the opinion of the
Observer booth capturing has taken place at a large number of polling stations
or at places, fixed for the poll or counting of votes or any ballot papers or
voting machines used at a polling station or at a place fixed for the poll are
unlawfully taken out of the custody of the returning officer or are
incidentally or intentionally destroyed or lost or are damaged or tampered with
to such an extent that the result of the poll of that polling station or place
cannot be ascertained. (3)
Where
an observer has directed the returning officer under this rule to stop counting
of votes or not to declare the result, the Observer shall forthwith report the
matter to the Commission and thereupon the Commission shall, after taking all
material circumstances into account, issue appropriate directions under these
rules. Explanation. For the purposes of
sub-rule (2) and sub-rule (3), "Observer" shall include any such
officer of the Commission as has been assigned under this rule the duty of
watching the conduct of election or elections in a Municipality or group of
Municipalities by the Commission. For every election to fill a seat or seats in
the Municipalities, the Commission or the district election officer authorized
by the Commission in this behalf shall, designate or nominate a returning
officer who shall be an officer of the State Government or of a local
authority: Provided that nothing in this rule shall
prevent the Commission from designating or nominating the same person to be the
returning officer for more than one Municipalities. (1)
The
Commission or the District Election Officer authorized by the Commission in
this behalf, may appoint one or more person to assist any returning officer in
the performance of his or her functions: Provided that every such person shall be an
officer of the State Government or of a local authority. (2)
Every
assistant returning officer shall, subject to the control of the returning
officer, be competent to perform all or any of the functions of the returning
officer: Provided further that no assistant returning
officer shall perform any of the functions of the returning officer which
relates to the scrutiny of nominations unless the returning officer is
unavoidably prevented from performing the said function. References in these rules to the returning
officer shall, unless the context otherwise requires, be deemed to include an
assistant returning officer performing any function which he or she is
authorized to perform under sub-rule (2) of Rule 11. It shall be the general duty of the returning
officer at any election to do all such acts or things as may be necessary for
effectually conducting the election in the manner provided by these rules or
orders made thereunder. The district election officer shall, with the
previous approval of the Commission, provide a sufficient number of polling
stations for every ward/constituency the whole or greater part of which lies
within his or her jurisdiction, and shall publish, in such manner as the
Commission may direct, a list showing the polling stations so provided and the
polling areas or groups of voters for which they have respectively been
provided. (1)
The
district election officer shall appoint a presiding officer for each polling
station and such polling officer or officers as he or she thinks necessary, but
he or she shall not appoint any person who has been employed by or on behalf
of, or has been otherwise working for, a candidate in or about the election: Provided that if a polling officer is absent
from the polling station, the presiding officer may appoint any person who is
present at the polling station other than a person who has been employed by or
on behalf of, or has been otherwise working for, a candidate in or about the
election, to be the polling officer during the absence of the former officer,
and inform the district election officer accordingly: Provided further that nothing in this
sub-rule shall prevent the district election officer from appointing the same
person to be the presiding officer for more than one polling station in the
same premises. (2)
A
polling officer shall, if so directed by the presiding officer, perform all or
any of the functions of a presiding officer under these rules or orders made
thereunder. (3)
If
the presiding officer, owing to illness or other unavoidable cause, is
compelled to absent himself from the polling station, his or her functions
shall be performed by such polling officer as has been previously authorised by
the District Election Officer to perform such functions during any such
absence. (4)
References
in these rules to the presiding officer shall, unless the context otherwise
requires, be deemed to include any person performing any function which he or
she is authorized to perform under sub-rule (2) or sub-rule (3), as the case
may be. It shall be the general duty of the presiding
officer at a polling station to keep order thereat and to see that the poll is
fairly taken. It shall be the duty of the polling officer
at a polling station to assist the presiding officer for such station in the
performance of his or her functions. The returning officer, assistant returning
officer, presiding officer, polling officer, and any other officer appointed
under these rules, and any police officer designated for the time being by the
State Government, for the conduct of any election shall be deemed to be on
deputation to the Commission for the period commencing on and from the date of
the notification calling for such election and ending with the date of declaration
of the results of such election and accordingly, such officers shall, during
that period, be subject to the control, superintendence and discipline of the
Commission. (1)
In
accordance with the time schedule determined by the Commission under Rule 7,
the District Election Officer shall, by public notice, call upon the
constituencies of the Municipalities in the district to elect the Chairman or
the Mayor as the case may be and one member or one Corporator as the case may
be from each ward in Municipality. (a)
the
last date for filing of nominations, which shall be the seventh day after the
date of publication of the notification under this sub-rule, or if that date is
a public holiday, the next succeeding day which is not a public holiday. (b)
the
date for scrutiny of nominations, which shall be the day next to the last date
for filing of nominations or, if that day is a public holiday, the next
succeeding day which is not a public holiday; (c)
the
last date for withdrawal of candidature, which shall be the second day after
the date for scrutiny of nominations or, if that day is a public holiday, the
next succeeding day which is not a public holiday; (d)
the
day which shall not be earlier than seven days after the date fixed for
withdrawal of nomination, on which a poll shall, if necessary, be taken. (e)
the
hours within which such poll be taken; (f)
the
place, date and time at which counting of votes shall commence. (2)
The
District Election Officer shall appoint a returning officer for each
Municipality for election of its members or Corporators or the Chairman or the
Mayor as the case may be, and may also appoint assistant returning officers to
assist him. (1)
On
the day appointed under Rule 19 for nomination and for the presentation of
nomination papers, any person qualified under the Act for election as a member
or Corporator or Chairman or Mayor of a Municipality and desiring to seek such
election, hereafter in referred to as the candidate, shall deliver in person or
through proposer to the returning officer his or her nomination paper in
prescribed Form duly filled in and signed by him or her or bearing his or her
thumb impression: Provided that if a candidate belonging to the
Scheduled Castes, Scheduled Tribes or Backward Classes submits his or her
nomination paper for a reserved ward, he or she shall attach a copy of the certificate
to that effect issued by an officer authorized by the State Government: Provided further that a candidate belonging
to the Scheduled Castes or Scheduled Tribes or Backward Classes or a woman of
any category shall not be debarred to contest election from a general ward : (2)
Any
nomination paper not delivered as provided in sub-rule (1) shall be liable to
be rejected. (3)
More
than one nomination paper may be filed on behalf of a candidate by different
voters from the same constituency ward, but the total nomination papers filed
on behalf of candidate shall not exceed four per ward or constituency. In case
more than four nominations are presented, only the first four presented shall
be considered and the rest shall be summarily rejected. (4)
A
voter cannot nominate, as a proposer, more than one candidate. Where a voter
has signed on nominations, for more than one candidate, all such nominations
other than the first one received by the returning officer shall stand invalid. (5)
Every
nomination paper subscribed and signed as aforesaid must be delivered to the
returning officer in person by the candidate or any of the proposers on the
days and between the hours fixed for the nomination of candidates at the place
specified in this behalf in the public notice issued by the district election
officer under Rule 19. Upon delivery of a nomination paper under
Rule 20 the returning officer shall inform the person so delivering the same of
the day, hour and place appointed for the scrutiny thereof and shall endorse
thereon in his or her handwriting. (i)
the
serial number of the ward or constituency from which the candidate proposes to
seek election, (ii)
the
serial number of the nomination paper for such ward or constituency, (iii)
the
name of the person, delivering the nomination paper together with the name of
the person, if any, identifying such person, and (iv)
the
date on which and the hour at which, the nomination paper was delivered to him. (1)
A
candidate shall, apart from any information which he or she is required to
furnish under the Act in his or her nomination paper delivered under Rule 19
and Rule 20 also furnish the information as to whether- (i)
he
or she is accused of any offence punishable with imprisonment for two years or
more in a pending case in which a charge has been framed by the court of
competent jurisdiction; (ii)
he
or she has been convicted of an offence other than any offence referred to in
clause (1) for imprisonment for one year or more; (iii)
the
assets (immovable, movable, bank balance, etc.,) of a candidate and of his or
her spouse and that of his or her dependents; (iv)
liabilities,
if any, particularly whether they are any other dues of any public financial
institutions or of the Central or the State Government dues; (v)
the
educational qualification of the candidate. (2)
The
candidate or his or her proposer, as the case may be, shall, at the time of
delivering to the returning officer the nomination paper under Rules 19 and 20,
also deliver to him or her an affidavit or declaration sworn by the candidate
in a prescribed Form verifying the information specified in sub-rule (1). (3)
The
returning officer shall, as soon as may be after the furnishing of information
to him or her under sub-rule (1), display the aforesaid information by affixing
a copy of the affidavit, delivered under sub-rule (2), at a conspicuous place
at his or her office for the information of the electors relating to a ward of
constituency for which the nomination paper is delivered. A candidate shall not be deemed to be duly
nominated for an election for Municipalities unless he or she deposits or
causes to be deposited a sum as fixed by the State Election Commission in
consultation with the State Government: Provided that whether a candidate has been
nominated by more than one nomination paper for election in the same ward or
constituency, not more than one deposit shall be required of him or her under
this rule. (1)
On
the date and time fixed for scrutiny of nomination papers under Rule 19 the
returning officer shall examine the nomination papers and decide all objections
which may be made to any nomination and may, either on such objection or on his
or her own motion, after such summary inquiry, if any, as he or she thinks
necessary, and after giving the candidate a reasonable opportunity of being
heard, declare invalid any nomination on any of the following grounds- (a)
that
the candidate is not qualified or is disqualified for election; (b)
that
he or she is not identical with the person whose number or name on the voters' list
is stated in the nomination paper to be the number or name of the candidate; (c)
that
his or her signature or thumb impression is not genuine or has been obtained by
fraud, coercion or undue influence; (d)
that
there has been a failure in complying with the provisions of Rules 20 and 21. (e)
that
the candidate has not made or caused to be made the deposit referred to in Rule
23. (f)
that
the candidate has not attained the minimum age required for being elected as a
member or Corporator or Chairman or Mayor as the case may be. (g)
that
the proposer has not been enrolled as a voter of the ward or constituency for
which the nomination has been filed. (h)
that
the proposer has subscribed nomination for more than one candidate in the same
ward subject to the provisions as contained in sub-rule (4) of Rule 20. (2)
On
the date fixed for the scrutiny of nomination under Rule 23, the candidates,
and their election agents, or one proposer of each candidate or one other
person duly authorized in writing by each candidate, but no other person, may
attend at such time and place as the returning officer may appoint. (3)
The
returning officer shall not reject any nomination paper on the ground of any
defect which is not of a substantial character. (4)
A
failure to complete or a defect in completing the declaration as to symbols in
a nomination paper in prescribed form shall not be deemed to be defect of a
substantial character within the meaning of sub-rule (3). (5)
For
the purposes of this rule an entry in the electoral roll for the time being in
force of a ward or constituency shall be conclusive evidence of the fact that
the person referred to in that entry is an electoral for that ward unless it is
proved that he or she is subject to a disqualification mentioned in the Act. (6)
The
returning officer shall endorse on each nomination paper his or her decision
accepting or rejecting the same and, in case of rejection, a brief statement of
his or her reason for such rejection. (7)
The
scrutiny shall be completed on the same day and no adjournment or the
proceeding shall be allowed. (8)
In
case any dispute regarding the status of a candidate being considered eligible
to be elected against a reserved seat arises at the time of scrutiny of
nomination, the returning officer may ask the candidate to produce the original
of the certificate referred to above or any other documents in support of the
claim of the candidate. After scrutiny of such evidence, the returning officer
shall declare whether the candidate's claim for being eligible to be elected
from a reserved seat of a Municipality is acceptable or not. (1)
Any
candidate may withdraw his or her candidature by a notice in writing which
shall contain such particulars as may be prescribed and shall be subscribed by
him or her and delivered before the time prescribed on the day fixed under Rule
19 to the returning officer either by such candidate in person or by his or her
proposer or election agent who has been authorized in this behalf in writing by
such candidate. (2)
No
person who has given a notice of withdrawal of his or her candidature under
sub-rule (1) shall be allowed to cancel the notice. (3)
The
returning officer shall, on being satisfied as to the genuineness of a notice
of withdrawal and the identity of the person delivering it under sub-rule (1),
cause the notice to be affixed in some conspicuous place in his or her office. (1)
Immediately
after the expiry of the period within which candidatures may be withdrawn under
sub-rule (1) of Rule 25 the returning officer shall prepare and publish in such
Form and manner as may be determined by the commission a list of contesting
candidates, that is to say, candidates who were included in the list of
validity nominated candidates and who have not withdrawn their candidature
within the said period. (2)
The
names of candidates shall be arranged in alphabetical order and the addresses
of the contesting candidates as given in the nomination papers together with
such other particulars as may be determined by the commission. (1)
The
State Election Commission shall, by notification in the Gazette, specify the
symbols that may be allotted to candidates at elections to the Municipalities. (2)
The
day immediately following the last date for withdrawal of the candidatures, the
returning officer shall proceed to allot symbols to the contesting candidates. (3)
The
allotment by the returning officer of any symbol to a candidate shall be final
except where it is inconsistent with any directions issued by the Commission in
this behalf in which case the Commission may revise the allotment in such
manner as it thinks fit. A candidate, at an election may appoint in
the prescribed manner any one person other than himself to be his or her
election agent, who shall be an elector of the constituency concerned for which
the candidate is contesting and against whom no criminal charge has been framed
by court of law, and when any such appointment is made, notice of the
appointment shall be given in the prescribed manner to the returning officer. Any person who is for the time being
disqualified under these rules for a being member or Corporator or Chairman or
Mayor as the case may be of the Municipalities in the State or for voting at
elections, shall, so long as the disqualification subsists, also be
disqualified for being an election agent at any election. (1)
Any
revocation of the appointment of an election agent shall be signed by the
candidate and shall operate from the date on which it is lodged with the
returning officer. (2)
In
the event of such a revocation or of the death of an election agent whether
that event occurs before or during the election, or after the election but
before the account of the candidate's election expenses has been lodged in
accordance with the provisions, the candidate may appoint in the prescribed
manner another person to be his or her election agent and when such appointment
is made, notice of the appointment shall be given in the prescribed manner to
the returning officer. An election agent may perform such functions
in connection with the election as are authorized by or under these rules to be
performed by an election agent. A contesting candidate or his or her election
agent, may appoint such number of agents and relief agents as may be determined
by the commission to act as polling agents of such candidate at each polling
station or at the place fixed for the poll. A contesting candidate or his or her election
agent, may appoint one or more persons, but not exceeding such number as may be
determined by the commission, to be present as his or her counting agent or
agents at the counting of votes and when any such appointment is made notice of
the appointment shall be given to the returning officer within the stipulated
time. (1)
Any
revocation of the appointment of a polling agent shall be signed by the
candidate or his or her election agent and shall operate from the date on which
it is lodged with such officer as may be determined by the returning officer,
and in the event of such a revocation or of the death of a polling agent before
the close of the poll, the candidate or his or her election agent may appoint
another polling agent at any time before the poll is closed and shall forthwith
give notice of such appointment to such officer as may be determined by the
returning officer. (2)
Any
revocation of the appointment of a counting agent shall be signed by the candidate
or his or her election agent and shall operate from the date on which it is
lodged with me returning officer, and in the event of such a revocation or of
the death of a counting agent before the commencement of the counting of votes,
the candidate or his or her election agent may appoint another counting agent
at any time before the counting of votes is commenced and shall forthwith give
notice of such appointment to the returning officer. (1)
A
polling agent may perform such function in connection with the poll as are
authorised by or under this rule to be performed by a polling agent. (2)
A
counting agent may perform such functions in connection with the counting of
votes as are authorised by or under this rule to be performed by a counting
agent. (1)
At
every election where a poll is taken, each contesting candidate at such
election and his or her election agent shall have a right to be present at any
polling station for taking of the poll or at place fixed for the poll. (2)
A
contesting candidate or his or her election agent may himself do any act or
thing which any polling agent or the counting agent of such contesting
candidate if appointed would have been authorised by or under these rules to
do, or may assist any polling agent or the counting agent such contesting
candidate in doing any such act or thing. Where any act or thing is required or
authorised by or under these rules to be done in the presence of the polling or
counting agents, the non-attendance of any such agent or agents at the time and
place appointed for the purpose shall not, if the act or thing is otherwise
duly done, invalidate the act or thing done. (1)
In
case of a contested election, poll shall be taken on the date mentioned under
Rule 19. (2)
For
any seat, if the number of valid nominations, after withdrawal, if any, is only
one, the person so nominated shall be declared to be elected. (3)
If
there is no contesting candidate in an election then the vacancy so caused
shall be filled by the Commission as per Rule 60. (1)
For
the avoidance of doubt it is hereby declared that a woman or a member belonging
to the Scheduled Castes or the Scheduled Tribes or the Backward Classes shall
not be disqualified to hold a seat not reserved for woman or the persons
belonging to such castes or classes if otherwise qualified to hold such seat
under the Act. The Commission shall fix the hours during
which the poll will be taken; and the hours so fixed shall be published: Provided that the total period allotted on
any one day for polling at an election for Municipalities shall not be less
than eight hours. (1)
If
at an election the proceedings at any polling station at the place fixed for
the poll are interrupted or obstructed by any riot or open violence, or if at
an election it is not possible to take the poll at any polling station or such
place on account of any natural calamity, or any other sufficient cause, the
presiding officer for such polling station or the returning officer presiding
over such place, as the case may be, shall announce an adjournment of the poll
to a date to be notified later, and where the poll is so adjourned by the
presiding officer, he or she shall forthwith inform the returning officer
concerned. (2)
Whenever
a poll is adjourned under sub-rule (1), the returning officer shall immediately
report the circumstances to the District Election Officer and the Commission,
and shall, as soon as may be, with the previous approval of the Commission,
appoint the day on which the poll shall take place, and fix the polling station
or place at which and the hours during which the poll will be taken and shall
not count the votes cast at such election until such adjourned poll shall have
been completed. (3)
In
every such case as aforesaid, the returning officer shall notify in such manner
as the Commission may direct the date, place and hours of polling fixed under
sub-rule (2). (1)
If
at any election,- (a)
any
ballot box or electronic voting machine used at a polling station or at a place
fixed for the poll is unlawfully taken out of the custody of the presiding
officer or the returning officer, or is accidentally or intentionally destroyed
or lost, or damaged or tampered with, to such an extent, that the result of the
poll at that polling station or place cannot be ascertained; or (b)
any
voting machine develops a mechanical failure during the course of the recording
of votes; or (c)
any
such error or irregularity in procedure as is likely to vitiate the poll is
committed at a polling station or at a place fixed for the poll. The returning officer shall forthwith report
the matter to the Commission. (2)
Thereupon
the Commission shall, after taking all material circumstances into account,
either,- (a)
declare
the poll at that polling station or place to be void, and appoint a day, and
fix the hours, for taking a fresh poll at that polling station or place and
notify the day so appointed and the hours so fixed in such manner as it may
deem fit, or (b)
if
satisfied that the result of a fresh poll at that polling station or place will
not, in any way, affect the result of the election or that the mechanical
failure of the voting machine or the error irregularity in procedure is not
material, issue such directions to the returning officer as it may deem proper
for the further conduct and completion of the election. (3)
The
provisions of their rule shall apply to every such fresh poll as they apply to
the original poll. (1)
If
at any election,- (a)
booth
capturing has taken place at a polling station or at a place fixed for the poll
(hereafter referred to as the place) in such manner that the result of the poll
at that polling station or the place cannot be ascertained; or (b)
booth
capturing takes place in any place for counting of votes in such manner that
the result of the counting at that place cannot be ascertained, the returning
officer shall forthwith report the matter to the Commission. (2)
The
Commission shall, on the receipt of a report from the returning officer under
sub-rule (1) and after taking all material circumstances into account either- (a)
declare
that the poll at that polling station or place be void, and appoint a day, and
fix the hours, for taking fresh poll at that polling station or place and
notify the date so appointed and hours so fixed in such manner as it may deem
fit; or (b)
if
satisfied that in view of the large number of polling stations or places
involved in booth capturing the result of the election is likely to be
affected, or that booth capturing had affected counting of votes in such manner
as to affect the result of the election, countermand the election in that ward
or constituency. At every election where a poll is taken,
votes shall be given by ballot or in such a manner as may be determined by the
Commission and no vote shall be received by proxy. Notwithstanding anything contained in these
rules, the giving and recording of votes by voting machines in such manner as
may be prescribed, may be adopted in such ward or constituency or wards or
constituencies as the Commission may, having regard to the circumstances of
each case, specify. Explanation. For the purpose of
this rule, "voting machine" means any machine or apparatus whether
operated electronically or otherwise used for giving or recording of votes and
any reference to a ballot box or ballot paper in these rules or order shall,
save as otherwise provide, be construed as including a reference to such voting
machine wherever such voting machine is used at any election. (1)
No
person who is not, and except as expressly provided in the Act, every person
who is, for the time being entered in the electoral roll of by any ward or
constituency shall be entitled to vote in that ward/constituency. (2)
No
person shall vote at an election in any ward or constituency if he or she is
subject to any in the disqualifications referred to in the Act. (3)
No
person shall vote at a general election in more than one ward or constituency
of the same class, and if a person votes in more than one such ward or
constituency, his or her votes in all such wards or constituencies shall be
void. (4)
No
person shall at any election vote in the same ward or constituency more man
once, notwithstanding that his or her name may have been registered in the
electoral roll for that ward or constituency more than once, and if he or she
does so vote, all his or her votes in that ward or constituency shall be void. (5)
No
person shall vote at any election if he or she is confined in a prison, whether
under a sentence of imprisonment or transportation or otherwise, or is in the
lawful custody of the police: Provided that nothing in this sub-rule shall
apply to a person subjected to preventive detention under any law for the time
being in force. At every election where a poll is taken,
votes shall be counted by, or under the supervision and direction of, the
returning officer, and each contesting candidate, his or her election agent and
his or her counting agents, shall have a right to be present at the time of
counting. (1)
The
Returning Officer shall appoint the date for the counting of votes as fixed by
the Commission after me completion of the poll and shall fix the place and time
at which the votes shall be counted. (2)
The
Returning Officer shall give notice of such dates, time and place to the
contesting candidates or their Election Agents. (3)
If
at the time so appointed for the counting of votes the ballot boxes containing
the votes to be counted are not received by the Returning Officer or if due to
any other unavoidable cause he is unable to proceed with counting, he may
postpone the counting to another date and fix the time and place for it with
the prior approval of District Election Officer and give notice thereof to the
contesting candidates or their Election Agents. (1)
A
contesting candidate or his Election Agents may appoint one person to be
present as his Counting Agents at the counting of votes. (2)
Every
such appointment shall be made in writing before the commencement of the counting. (3)
No
Counting Agents shall be admitted into the place fixed for counting unless he
has delivered to the Returning Officer the letter of his appointment under
sub-rule (2). (1)
The
Returning Officer shall not allow any person to be present at the counting of
votes except such persons as he may appoint to assist him in counting of votes
and every contesting candidate, his Election Agents and his Counting Agents. (2)
No
person who has been employed by or on behalf of or has been otherwise working
for, a candidate in or about the election shall be appointed to assist the
Returning Officer in counting of the votes. (3)
Any
person who during the counting of votes misconducts himself or fails to obey
the lawful directions of Returning Officer may be removed from the place where
the votes are being counted by Returning Officer or by any police officer on
duty or by any person authorized in this behalf by the Returning Officer. On the date and at the time and place
appointed under Rule 48 the Returning Officer shall proceed as follows: (a)
The
Returning Officer shall satisfy himself that all the ballot boxes or electronic
voting machine used at the poll and which are to be counted at that place have
been received and accounted for. (b)
The
Returning Officer shall then give the candidates and their Election Agent and
Counting Agents present at the counting an opportunity to inspect the ballot
boxes or electronic voting machine as the case may be and the seals for
satisfying themselves that they are in order. (c)
The
Returning Officer shall also satisfy himself that none of the boxes or
electronic voting machine has in fact been tampered with. If any ballot box or
electronic voting machine as the case may be is found by him to have been
tampered with or destroyed or lost, the Returning Officer shall stop the
counting of votes and take action in accordance with the provisions of Rule 42. (d)
If
the Returning Officer is satisfied that all such ballot boxes or electronic
voting machine as the case may be, as are to be counted at such place have been
received and are in order, he shall take up the counting of the ballot papers
contained in the ballot boxes. All the ballot boxes and the electronic voting machines
used at polling place shall be opened, and the counting of the ballot papers
found in those boxes proceeded with in accordance with the instructions of the
State Election Commission, at the same time. (e)
An
account of the ballot papers found in the boxes or votes recorded in electronic
voting machine of the polling place shall be recorded in a statement in the
form specified by the Election Commission. (f)
The
Returning Officer shall give the candidates, or their Election Agent and
Counting Agent, who may be present reasonable opportunity to inspect all ballot
papers which in the opinion of the Returning Officer are liable to be rejected,
but shall not allow them to handle these or any other paper. The Returning
Officer shall on every ballot paper which is rejected endorse rejection in
Hindi in Devnagri script. If any candidate or his Election Agent questions the
correctness of the rejection of any ballot paper, the Returning Officer shall
also record briefly on such ballot paper, the grounds for his rejection. (g)
After
the counting of all ballot papers contained in the ballot boxes or votes
recorded in electronic voting machine of the polling place has been completed
the Returning Officer shall cause all such ballot papers to be kept in separate
packet on which there shall be indicated such particulars as may identify the
polling place, the name of the Municipality and the constituency to which the
ballot papers or votes. (1)
The
Returning Officer shall reject any ballot paper- (a)
if
it bears any mark or writing by which an elector can be identified, or (b)
if
it is spurious ballot papers; or (c)
if
it has been so damaged or mutilated that its identity as genuine ballot paper
cannot be established; or (d)
if
it bears a serial number or a design different from the serial number or
design, as the case may be of the ballot papers authorized for use at the
particular polling place; or (e)
if
votes are given on it in favour of more candidates than the number of seats
required to be filled in a constituency; or (f)
if
no vote is recorded thereon. (2)
A
vote recorded on a ballot paper shall be rejected if the mark indicating the
vote is placed on the ballot paper in such manner as to make it doubtful to
which candidate the vote has been given: Provided that a ballot paper shall not be
rejected merely on the ground that the mark indicating the vote is indistinct
or made more than once against the name of a particular candidate if the
intention that the vote shall be for a particular candidate clearly appears
from the way the paper is marked. (3)
The
decision of the Returning Officer to the validity of a ballot paper or of vote
given on any such ballot paper shall be final subject, however, to any decision
to the contrary given on the trial of an election petition calling in question
of the election. (1)
If
at any time before the counting of votes is completed any ballot paper used at
a polling station or at a place fixed for the poll are unlawfully taken out of
the custody of the returning officer or are accidentally or intentionally
destroyed or lost or are damaged or tampered with, to such an extent that the
result of the poll at that polling station or place cannot be ascertained, the
returning officer shall forthwith report the matter to the District Election
Officer and the Commission. (2)
Thereupon,
the Commission shall, after taking all material circumstance into account,
either- (a)
direct
that the counting of votes shall be stopped, declare the poll at that polling
station or place to be void, and appoint a day, and fix the hours, for taking a
fresh poll at that polling station or place and notify the date so appointed
and hours so fixed in such manner as it may deem fit, or (b)
if
satisfied that the result of a fresh poll at that polling station or place will
not, in any way, affect the result of the election, issue such directions to
the returning officer as it may deem proper for the resumption and completion
of the counting and for the further conduct and completion of the election in
relation to which the votes have been counted. (3)
The
provisions of these rules or orders made thereunder shall apply to every such
fresh poll as they apply to the original poll. If, after the counting of the votes is
completed, an equality of votes is found to exist between any of the
candidates, and the addition of one vote will entitle any those candidates to
be declared elected, the returning officer shall forthwith decide between those
candidates by lot, and proceed as if the candidate on whom the lot falls had
received an additional vote. When the counting of the votes has been
completed, the returning officer shall, in the absence of any direction by the
Commission to the contrary, forthwith declare the result of the election in the
manner provided by the Act or these rules. As soon as may be after the result of an
election has been declared, the returning officer shall report the result to
District Election Officer and the Commission. The name of every person elected as a member,
Corporator, Chairman or Mayor of a Municipality as the case may be shall be
published in the Gazette in the manner prescribed by the Commission. (1)
The
Returning Officer shall, after reporting the result of the election under Rule
57 forward the return to the District Election Officer for safe custody. (2)
The
Returning Officer shall also forward to the District Election Officer for safe
custody by the packets of ballot papers and all other papers relating to the
election. (1)
While
in the custody of the District Election Officer the packets of ballot papers,
whether valid, rejected or tendered and of the marked copy of the electoral
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 District Judge hearing an election petition. The inspection when ordered
shall be subject to the payment of a fee at the rate of Rupee Twenty per day on
which the inspection is done. (2)
All
other papers relating to the election shall be opened to public inspection
subject to such condition, if any, as the State Government may specify and
subject to the payment of a fee at the rate of Rupee One hundred per day on
which inspection is done. (3)
Copies
of the return forwarded by the Returning Officer under sub-rule (1) of Rule 59
shall be furnished by the District Election Officer on payment of a fee of
Rupees One hundred for each copy. (4)
Copies
of such papers are allowed to be inspected under sub-rule (2) and shall be
given to any person applying for the same on payment of a fee at the same rate
as is charged in the State for a copy of any order by a Revenue Officer. Any
application for copies of papers may be made on plain paper and no judicial
stamp need be affixed. (5)
Certified
copy of any paper referred to in sub-rule (6) shall be issued from the office
of the District Election Officer or the District Magistrate concerned. (1)
On
receipt of report of any seats remaining unfilled, the District Election
Officer shall, as soon as may be, in accordance with the instruction of the
State Election Commission, call upon the constituency concerned to elect the
member or Corporator or Chairman or Mayor as the case may be for the
Municipality before such date as may be fixed by the Commission and shall also
appoint a fresh date, time and place for each item mentioned in Rule 19 and the
provision of these rules shall, as far as may be, apply in relation to a member
to fill such vacancy. (2)
If
again the constituency fails to elect member or Corporator or Chairman or mayor
as the case may be of the election held under sub-rule (1), the District
Election Officer shall report the fact to the State Election Commission. Any person who (a)
matters
or tampers with the electoral roll or this copy or other documents in
contravention of the rule; or (b)
obstructs
or in any way interferes with any officer and servant appointed or employed for
the purpose of these rules in performance of his duties or; (c)
defaces,
injures, disturbs or removes any copy, notice or other documents affixed or
otherwise published under these rules in any public office or elsewhere; shall be punishable with fine which may
extend to ten thousand rupees. If a vacancy occurs by reason of death or
otherwise in the office of an elected member or Corporator or Chairman or Mayor
as the case may be of a Municipality the District Election Officer shall, in
accordance with the instructions of the State Election Commission, call upon
the territorial constituency concerned to elected member or Corporator or
Chairman or Mayor as the case may be, for the Municipality before such date as
may be fixed by the Commission and shall also appoint the date, time and place
of various stages of bye-election in accordance with the provision of Rule 19
and the provisions of these rules shall, as far as may be, apply in relation to
the election of a member or Corporator or Chairman or Mayor as the case may be,
to fill such vacancy. All papers relating to the election of
Municipality shall be destroyed after a period of one year from the date of
declaration of the result of election, subject to any directions to the
contrary given by the State Election Commission or a competent court or a
Tribunal. The elections returns shall be retained till the completion of the
next general elections and shall thereafter be destroyed subject to any
directions to the contrary given by a competent authority or commission. UTTAR PRADESH MUNICIPALITIES
(ELECTION OF MEMBERS, CORPORATORS, CHAIRMEN AND MAYORS) RULES, 2010
PREAMBLE