EXTRAORDINARY REGD. NO. JK – 33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 108] Jammu, Wed the 5^th July 95/14^th Asad, 1917 [No. 13 aa

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART III

Laws, Regulations and Rules passed there under.

GOVERNMENT OF JAMMU AND KASHMIR,

LADAKH AFFAIRS DEPARTMENT.

Notification.

Srinagar, the 5^th of July, 1995.

SRO–152 – In exercise of the powers conferred by section 60 of the Ladakh Hill Development Councils Act,

1995 (Act No. 1 of 1995), the Government hereby make the following rules, namely:-

THE LADAKH AUTONOMOUS HILL DEVELOPMENT COUNCILS (ELECTION) RULES, 1995.

1. Short title and commencement –

(1) These rules may be called the Ladakh Autonomous Hill Development Councils (Election) Rules, 1995.

(2) They shall come into force from the date of their publication in the Government Gazette.

2. Definitions –

(1) In these rules, unless the context otherwise requires:-

(a) “The Act” means the Ladakh Autonomous Hill Development Councils Act, 1995 (President Act No. 1 of 1995).

(b) “Ballot Box” includes any box, or other receptacle used for the insertion of ballot papers by voters.

(c) “Elector” in relation to an election in a constituency means any person whose name is included in the electoral roll as defined in section 6 of the Act and includes the term voter in the appropriate context.

(d) “Form” means a form appended to these rules.

(e) “Marked copy of the electoral roll” means the copy of electoral roll set apart for the purpose of marking the names of electors to whom ballot papers are issued at an election.

(f) “Polling Station” in relation to an election means the place fixed for taking the poll at that election.

(g) “Polling Area” means the area, the electors of which are assigned to particular station.

(h) “Section” means a section of the Act.

(2) The words and expressions used in these rules and not defined shall have the same meaning as in the Act.

(3) The General Clauses Act, Samvat 1977 shall apply for the interpretation of these rules as it applies for the interpretation of an Act of the State Legislature.

ELECTORAL ROLLS AND POLLING STATIONS.

3. Electoral rolls –

(1) The Returning Officer shall prepare the electoral roll for a constituency by collating relevant parts or portions of any part of the existing electoral rolls for the appropriate Assembly Constituency corresponding to the areas comprised within the constituency concerned and publish the same for general information with a notice specifying the area and the group of voters of different localities included in different parts of the electoral roll of the said constituency on the date, as may be fixed by the Government in this behalf, in the Office of Returning Officer and a copy of the notice as aforesaid shall be displayed for public information in the offices of the Block Development Officer, and other conspicuous places as may be convenient to the people in the area.

(2) Any additions, deletions and corrections of entries made in respect of the existing electoral rolls of the concerned Assembly constituency on and from the date of publication of the electoral roll for a constituency for the Council election up to the last date of nomination for such elections, so far as they are related to the area comprised within the said constituency of the Council, shall be deemed to be the corresponding additions, deletions and corrections pertaining to the electoral roll for the constituency, as published in accordance with sub-rule (1).

(3) The Returning Officer shall supply, free of cost, one copy of each separate part of the electoral roll of the constituency referred to in sub-rule (2) to every political party for which a symbol may be exclusively reserved under the provisions of these rules or orders made thereunder.

4. Polling station –

(1) The Election Officer appointed under rule 6 shall, subject to the instructions and with the approval of Election Authority appointed under rule 5, provide sufficient number of polling stations for each constituency for election of members to the Council and shall publish a list for each constituency showing the Polling stations so provided and the polling areas or groups of electors for which they have respectively been provided.

(2) Each contesting candidate will be supplied with one copy of the relevant list of polling stations as soon as possible, after preparation of the list of contesting candidates for the constituency.

CHAPTER III

ADMINSTRATTIVE MACHINERY FOR THE CONDUCT OF ELECTIONS

5. Election Authority –

(1) The Government shall appoint one of its officers as the Election Authority for supervision of the preparation of electoral rolls and the conduct of all elections to the Council under the Act.

(2) The Election Authority shall also perform such other functions as may be entrusted to it by the Government from time to time.

6. Election Officer –

(1) The Government may appoint one of its officers as the Election Officer for the Council areas.

(2) Subject to the superintendence, direction and control of the Election Authority, the Election Officer shall coordinate and supervise all work in the Council areas in connection with the preparation of electoral rolls and the conduct of elections.

(3) The Election Officer shall also perform such other functions as may be entrusted to him by the Government and the Election Authority.

7. Returning Officer and Assistant Returning Officers –

(1) The Government shall appoint one of its officers as the Returning Officer for a constituency.

Provided that the Government may appoint the same person to be the Returning Officer for more than one constituency.

(2) The Government may appoint one or more persons as the Assistant Returning Officers to perform all or any of the functions of the Returning Officer.

Provided that –

(a) Every such officer shall be an officer of the Government; and

(b) Every Assistant Returning Officer, be competent to perform all or any of the functions of the Returning Officer.

8. General duty of Returning Officer –

It shall be the general duty of the Returning Officer at any election to do all such acts and things as may be necessary for the preparation of electoral rolls and the conduct of Council elections in the manner provided for by the Act and these rules.

9. Appointment of Presiding Officers and Polling Officers –

(1) Subject to the instructions of the Election Authority, the Returning Officer shall with the prior approval of the Election Officer, appoint a Presiding Officer for each polling station and such other Polling Officer or Officers to assist the Presiding Officer as he thinks necessary, and they shall work under the general guidance, superintendence and control of the Returning Officer.

Provided that if a Polling Officer is absent from the polling station, the Presiding Officer may appoint any person in his place who is present at the polling station to be the Polling Officer, and shall, when such appointment is made, inform the Returning Officer accordingly.

Provided further that a person who has been employed by or on behalf of a candidate or has been otherwise working for a candidate for the election, shall not be appointed as a Presiding Officer or a Polling Officer.

(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.

(3) If the Presiding Officer, owing to illness or for other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such Polling Officer as has been previously authorised by the Returning Officer to perform such functions during such absence.

(4) Reference in these rules to Presiding Officer shall unless the context otherwise requires; be deemed to include any person performing any function which is authorised to perform under sub-rule (2) or sub-rule (3) as the case may be.

10. General duty of Presiding Officer –

It shall be the general duty of the Presiding Officer at a polling station to keep order therein and to see that the poll is fairly taken.

CHAPTER IV

NOTIFICATIONS FOR ELECTIONS.

11. Notification for elections –

(1) For the purpose of constituting the first Council and thereafter for constituting a new Council on the expiration of the duration of the existing Council or on its dissolution, the Government shall, by one or more notifications in the Government Gazette, call upon the constituencies to elect members in accordance with the provisions of the Act and of the rules and orders made thereunder :

Provided that where a general election is held otherwise than on the dissolution of the existing Council, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of the Council would expire under the provisions of section 14.

(2) When the seat of a member elected to the Council becomes vacant or is declared vacant or his election to the Council is declared void, the Government shall, by a notification in the Government Gazette, call upon the constituency concerned to elect a person for the purpose of filling the vacancy in accordance with the provisions of the Act and the rules and orders made thereunder.

12. Appointment of date for nomination etc. –

Simultaneously with the issuance of a notification calling upon a constituency to elect a member, the Government shall by notification in the Government Gazette, appoint :-

(a) the last date for making nominations, which shall not be earlier than the seventh day after the date of publication of the first mentioned notification or, if that 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 immediately following the last day for making nominations, or if that day is a public holiday, the next succeeding day which is not a public holiday’

(c) the last date for the withdrawal of candidature, which shall be second day after the date for the scrutiny of nomination or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(d) the date or dates on which a poll shall, if necessary, be taken;

(e) the hours during which the poll shall be taken; and

(f) the date before which the election shall be completed.

Explanation –

For the purpose of this rule “public holiday” means any day which is a public holiday within the meaning of section 25 of the Negotiable Instruments Act, 1881 (26^th of 1881).

13. Public notice of election –

(1) On the issue of notification under rule 12, the Returning Officer shall give public notice of the intended election in Form 1 inviting nomination of candidates for such election and specifying the place at which the nomination papers are to be delivered.

(2) Such public notice of election shall be published forthwith at the following places:-

(a) Office of the Election Officer and the Returning Officer concerned;

(b) Any other conspicuous place in the constituency as may be chosen for such publication by the Returning Officer of the constituency.

CHAPTER V

NOMINATION OF CANDIDATES, SCRUTINY, SYMBOLS, AND

LIST OF CONTESTING CANDIDATES

14. Nomination of candidates –

Any person, if not otherwise disqualified under the provisions of the Act, may be nominated as a candidate for election to the Council from any constituency if his name is included in the electoral roll of any one of the constituencies.

15. Provisions for postal ballot –

The Election Authority may by a notification published in the Jammu and Kashmir Government Gazette, at any time, before the last date for the withdrawal of candidatures direct the method of voting by postal ballot shall be followed in any of the constituencies.

16. Presentation papers and requirements for valid nominations –

(1) On or before the date appointed under clause (a) of rule 12, each candidate shall, either in person or by his proposer, between the hours eleven O’clock in the forenoon and three O’clock in the afternoon, deliver to the Returning Officer during the time and at the place specified in the notice issued under rule 13, a nomination paper duly completed and signed by the candidate and by an elector of constituency as proposer.

(2) A person, whose name is entered in the electoral roll of the constituency for which the candidate is nominated and who is not otherwise disqualified may subscribe as proposer but he shall not subscribe as proposer for more than one nomination.

(3) Every nomination paper presented to the Returning Officer shall be in Form 2;

Provided that no nomination paper shall be delivered to the Returning Officer on a day which is a public holiday;

Provided further that a failure to complete or a defect in completing the declaration as to symbols shall not be deemed to be a defect of substantial character within the meaning of sub-rule (4) of rule 21.

(4) Nothing in this rule shall prevent any candidate from being nominated by more than one nomination paper for election in the same constituency ;

Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or received by the Returning Officer for election in the same constituency.

(5) On the presentation of a nomination paper, the Returning Officer shall, satisfy himself that the names and electoral roll numbers of the candidate or his proposer as entered in the nomination paper are the same as those entered in the electoral roll of relevant constituency;

Provided that the Returning Officer shall permit any clerical or technical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them into conformity with the corresponding entries in the electoral roll and, where necessary, direct that any clerical or printing error in the said entry shall be overlooked.

17. Symbols for election –

(1) The Government shall by notification in Government Gazette, specify the symbols that will be kept reserved for candidates set up by the Political parties recognised under rule 18 and the symbols that may be chosen by other candidates at any election and the restriction to which their choice shall be subject.

(2) Subject to any general or special direction issued by the Government, where at any election more nomination papers than one are delivered by or on behalf of the candidates, the declaration as to symbols made in the nomination paper first delivered and no other declaration as to symbols, shall be taken into consideration for the purpose of allotment of symbols to the contesting candidates even if that nomination paper has been rejected.

(3) Notwithstanding the provisions of sub-rule (1), if at any election, the number of candidates exceeds the number of symbols specified in the notification issued in this behalf or if any difficulty arises in processing blocks of symbols specified in such notification, the Government may, by further notification, specify additional symbols or freeze any one or more symbols already specified, as the case may be, if it is considered expedient as to do in the interest of smooth conduct of such election.

18. Political Party –

For purposes of these rules, a political party operating in Council areas shall mean a political party recognised by the Election Commission as a National Party or a State Party of this State as on the last date for making nominations and any other party, association, society or body of individuals recognised as a political party operating in Council areas by the Government by notification in the Government Gazette, in consideration of their activities in Council Areas or representation in different elected bodies in Council areas.

19. Deposits –

A candidate shall not be deemed to be duly nominated unless, at the time of delivery of the nomination papers, he has either deposited or caused to be deposited in cash with the Returning Officer concerned a sum of Rs. 150/- or where the candidate is a member of Scheduled Caste or Scheduled Tribes, a sum of RS. 75/- :

Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency not more than one deposit shall be required of him under this rule.

20. Notice of nomination and time and place for scrutiny –

The Returning Officer shall, on receiving the nomination paper under sub-rule (1) of rule 16 from the person delivering the same, enter on the nomination paper its serial number and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him and shall, as soon as may be thereafter cause to be affixed in Form 3 in some conspicuous place in his office, a notice of nomination containing a descriptions similar to those contained in the nomination paper both of the candidate and the proposer.

21. Scrutiny of nomination –

(1) On the date fixed for the scrutiny of nomination under rule 12, the candidates and their election agents, one proposer of each candidate and other person duly authorised by a candidate but no other person may attend at the time and place appointed in this behalf under rule 12 and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time.

(2) The Returning Officer shall then examine the nomination paper and decide all objections which may be made to any nomination and may either on such objection or on his own motion, after such summary enquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds, namely:-

(a) that the candidate is disqualified for being elected to the Council by or under the Act;

(b) that the proposer is not an elector of the constituency concerned;

(d) that the signature of the candidate or of the proposer on the nomination paper is not genuine.

(3) Nothing contained in clause (c) or (d) of sub-rule (2) 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 in respect of which no irregularity has been committed.

(4) The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.

(5) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of rule 12 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control;

Provided that if a candidate, to whose nomination paper an objection has been raised, applied for time to rebut such objection, the Returning Officer may adjourn the hearing till the next day. The scrutiny of all other nomination papers shall, however, be completed on the date of scrutiny not withstanding such adjournment in respect of one or more nomination papers. The adjournment hearing shall be completed before 11.00 AM on the day fixed for withdrawal of candidatures.

(6) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of reasons of such rejection.

(7) Immediately after all nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Returning Officer shall prepare the list in Form 4 of validly nominated candidates, that is to say the candidates whose nominations have been found valid, and affix it on his notice board. A copy of the list of validly nominated candidate shall be forwarded, as soon as prepared, to the Election Officer. The Election Authority and to the authorities of the Press, where ballot papers may be directed to be printed by the Election Authority.

22. Withdrawal of candidature: –

(1) Any candidate may withdraw his candidature by a notice in writing which shall be subscribed by him and delivered before 3 O’clock in the afternoon on the day fixed under clause (c) of rule 12 to the Returning Officer either by such candidate in person or by the election agent who has been authorised in this behalf in writing by such candidate.

(2) No person who has given a notice of withdrawal of his candidature under sub-rule (1), shall be allowed to cancel the notice.

(3) A notice of withdrawal of candidature under sub-rule (1) shall be in Form 5 and shall contain the particulars set out therein and on receipt of such notice the Returning Officer shall note thereon the date and time at which it was delivered.

(4) The Returning Officer shall, on being satisfied as to the genuineness of notice of withdrawal and the identify of the person delivering it under sub-rule (1) cause a notice in Form 6 to be affixed duly in some conspicuous place in his office.

23. Preparation of list of contesting candidates –

(1) Immediately after the expiry of the period within which candidatures may be withdrawn, the Returning Officer shall prepare in Form 7 a list of contesting candidates, that is to say, candidates whose nomination papers have been finally accepted and who have not withdrawn their candidature within the said period.

(2) The said list shall contain the names in alphabetical order and the addresses of the contesting candidates as given in the nomination papers and shall be prepared in regional/official language.

(3) The alphabetical order referred to in sub-rule (2) shall be determined with reference to the surnames of the candidates where the surnames are written first and in other cases the names proposed of the candidates. Such alphabetical order shall be arranged according to any acceptable script;

Provided that if two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner.

(4) The Returning Officer shall consider the choice of Symbols expressed by the contesting candidates in their nomination papers and shall subject to the provisions of rule 17 and any general or special directions in this behalf by the Government –

(a) allot a different symbol to each contesting candidate in conformity, as far as practicable, with his choice; and

(b) if more contesting candidates than one have indicated their preferences for the same symbol, decide by lot to which of such candidates the symbol will be allotted.

(5) The allotment by the Returning Officer of any symbol to a candidate shall be final.

(6) Every candidate or his election agent shall forthwith be informed of the symbol allotted to the candidate and be supplied with specimen thereof by the Returning Officer.

24. Publication of the list of contesting candidates –

(1) The Returning Officer shall immediately after its preparation, cause a copy of the list of contesting candidates, to be affixed on the notice board in his office and shall also supply a copy thereof to each of the contesting candidates or to his election agent.

(2) A copy of the list of contesting candidates shall be forwarded as soon as prepared, to the Election Officer, Election Authority and to the authorities of the concerned Printing Press as may be directed by the Election Authority, where ballot papers will be printed.

CHAPTER VI

CANDIDATES AND THEIR AGENTS

25. Appointment of election agent and revocation of such appointment –

(1) If a candidate desires to appoint an election agent, such appointment, shall, subject to the

provisions of sub-rule (3), be made in Form 8 either at the time of delivering the nomination papers or at any time before the election.

(2) The appointment of election agent may be revoked by the candidate at any time by a declaration in writing in Form 9 signed by him and lodged with the Returning Officer. Such revocation shall take effect from the date on which it is so lodged. In the event of such revocation or in the event of election agent dying before or during the period of election, the candidate may appoint a new election agent in accordance with the provisions of sub-rule (1).

(3) A person who does not have the qualification under section 17 or who suffers from any of the disqualification referred to in section 19 shall not be eligible for appointment as an election agent.

26. Appointment of polling agent -

(1) At an election at which a poll is to be taken any contesting candidate or his election agent may appoint one agent and two relief agents to act as polling agents of such candidate at each polling station. Such appointment shall be made by a letter in writing in duplicate in Form 10 signed by the candidate or his election agent.

(2) The candidate or his election agent shall deliver the duplicate copy of the letter of appointment to the polling agent who shall on the date fixed for the poll, present it to and sign the declaration contained therein before the Presiding Officer and the Presiding Officer shall retain the duplicate copy presented to him in his custody. No polling agent shall be allowed to perform any duty at the polling station unless he has complied with the provisions of this sub-rule.

27. Revocation of the appointment or death of polling agent –

(1) The appointment of the polling agent may be revoked by the candidate or his election agent in Form 11 at any time before the commencement of the poll by a declaration in writing signed by him before the Presiding Officer of the polling station.

(2) Where the appointment of a polling agent is revoked under sub-rule (1) or where the polling agent dies before the close of the poll, the candidate or his election agent may at any time before the poll is closed appoint a new polling agent in accordance with the provisions of sub-rule (1) of rule 26.

CHAPTER VII

COUNTERMANDING OF POLL AND UNCONTESTED ELECTIONS

28. Death of candidate before poll –

If a candidate whose nomination has been found valid on scrutiny under rule 21 and who has not withdrawn his candidature under rule 22 dies and a report of his death is received before the publication of list of contesting candidates prepared under rule 23 or if a contesting candidate dies and a report of his death is received before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of death of the candidate, countermand the poll and report the fact to the Government and to the Election Authority and all proceedings with reference to the election shall commence a new in all respect as if for a new election;

Provided that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll;

Provided further that no person who has given a notice of withdrawal of his candidature under rule 22 before the countermanding of the poll shall be ineligible for being nominated as a candidate for election after such countermanding.

29. Procedure in contested and uncontested election –

If at any election to any constituency for the Council :-

(a) the number of contesting candidates is more than one, a poll shall be taken;

(b) there is only one contesting candidate, the Returning Officer shall forthwith declare, in form 12 such candidate to be duly elected to fill the seat;

(c) there is no candidate for the seat, the Returning Officer shall forthwith inform the Election Authority and the Government for taking appropriate action.

CHAPTER VIII

BALLOT BOX, BALLOT PAPERS, VOTERS ON ELECTION DUTY AND THE POLL

30. Manner of voting –

At every election where a poll is taken, votes shall be given by ballot in the manner hereinafter provided and no vote shall be received by proxy.

31. Ballot Box –

Every ballot box shall be of such design as may be approved by the Government.

32. Form of Ballot Paper –

(1) Every ballot paper shall have counterfoil attached thereto and the said ballot paper and the counterfoil shall be in Form 13 and the particulars therein shall be in the official language.

(2) The names of the candidates shall be arranged on the ballot paper in the same order in which they appear in the list of contesting candidates.

(3) Every ballot paper shall be of such design as may be approved by the Government.

33. Arrangement of polling station –

(1) Outside each polling station there shall be displayed prominently;

(a) a notice, specifying the polling area, the electors of which are entitled to vote at the polling station; and

(b) a copy of the list of contesting candidates.

(2) The Returning Officer shall cause to be provided at every polling station one or more compartments (hereinafter referred to in these rules as a polling compartment in which electors can record their votes screened from observation.

(3) The Returning Officer shall provide at each polling station sufficient number of ballot boxes, ballot papers, copies of electoral rolls pertaining to the Polling area, instruments, for stamping the distinguishing mark on ballot papers and articles necessary for electors to mark the ballot paper. The Returning Officer shall also provide at each polling station such other equipment and accessories as may be required for taking the poll at such station.

34. Admission to the polling station –

The Presiding Officer shall regulate the number of electors to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than –

(a) Polling Officers;

(b) Public servants on duty in connection with the election;

(d) Candidates, their election agents and, subject to the provisions of rule 26, one polling agent of each candidate at a time;

(e) A child in arms accompanying an elector;

(f) A person accompanying a blind or infirm elector who cannot move without help; and

(g) Such other persons as the Returning Officer or Presiding Officers may employ for the purpose of identifying the elector.

35. Preparation of Ballot Box for poll –

(1) Every ballot box used at a polling station shall bear labels outside marked with –

(a) the serial number, if any, and the name of the constituency;

(b) the serial number, and the name of the polling station;

(d) the date of polling

(2) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and other persons present that the ballot box is empty and bears the labels referred to in sub-rule (1).

(3) The ballot boxes shall then be closed, sealed and secured. The polling agents as may be present may also affix their seals. The ballot box shall then be placed in full view of the Presiding Officer and the polling agent.

36. Facilities for women electors: –

(1) Where a polling station is for both men and women electors, the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate batches.

(2) The Returning Officer or the Presiding Officer may appoint a woman to serve as an attendant at any polling station to assist women electors and also to assist the Presiding Officer generally in taking the poll in respect of women electors and in particular to help in searching any elector in case it becomes necessary.

37. Persons entitled to vote by post –

Service voters shall, subject to their fulfilling the requirements hereinafter specified, be entitled to vote by post in a council election.

Explanation – Service voter means an elector who is-

(i) a member of the armed forces of the Union; or

(ii) a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modifications; or

(iii) a member of an armed police force of the State, who is serving outside the State; or

(iv) a person who is employed under the Government of India, in a post outside the State.

38. Form of Postal Ballot Paper –

(1) Every postal ballot paper shall have a counterfoil attached thereto and the said ballot paper and counterfoil shall be in such form as the Election Authority may direct.

(2) The names of the candidates shall be arranged (on the postal ballot paper) in the order in which they appear in the list of contesting candidates.

(3) If two or more candidates bear the same name they shall be distinguished by the addition of their occupation or residence or some other manner.

39. Issue of ballot paper –

(1) A postal ballot paper shall be sent by post under certificate of posting to the elector together with –

(a) a declaration in form 24.

( b) a cover in Form 25;

(d) instructions for the guidance of the elector Form 27.

(2) The returning officer shall at the same time.

(a) record on the counterfoil of the ballot paper the electoral roll number of the elector as entered in the marked copy of the electoral roll;

(b) mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him , without, however, recording there-in the serial number of the ballot paper issued to the elector; and

(3) Every officer under whose case or through whom a postal ballot paper is sent shall ensure its delivery to the addressee without delay.

(4) After ballot papers have been issued to all the electors entitled to vote by post, the Returning Officer shall-

(a) seal up in a packet that part of the marked copy of the electoral roll which relates to service voters and record on the packet a brief description of its contents and the date on which it was sealed and send the other relevant parts of the marked copy to the several Presiding Officers ( for making the names of electors to whom ballot papers are issued at the polling station without , however, recording therein the serial number of the ballot papers issued to the electors).

(5) The returning Officer shall also seal up in separate packet the counterfoils of the ballot papers issued to electors entitled to vote by post and record on the packet a brief description of its contents and the date on which it was sealed.

40. Facilities for voters on election duty-

(1) A voter on election duty who wishes to vote shall at least four days before the date of poll approach the

Returning Officer of the Constituency in respect of which he is a voter and make an application in Form 14 for the issue of a ballot paper in order to enable him to cast his vote.

(2) The Returning Officer shall on being satisfied as to the identity of such voter on production of letter of appointment in connection with election-obtain thereon the signature of the person producing it;have the person’s name marked in the electoral roll; and issue to him a ballot paper, and a cover in Form 15.

(3) Such voter after recording his vote shall put the ballot paper inside the cover in Form 15 and seal the same and make it over to the Returning Officer.

(4) The Returning Officer shall keep the counterfoil of such ballot paper in a separate sealed cover and shall open the sealed cover in Form 15 containing the ballot paper at the time of counting immediately before counting of ballot papers in the polled boxes is taken-up.

41. Identification of electors-

(1) The Presiding Officer may employ at the polling station such persons as he thinks fit to help in identification of the electors or to assist him otherwise in taking the poll.

(2) As such elector enters the polling station the presiding Officer or the Polling Officer authorised by him in this behalf shall check the electors’ name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.

(3) In deciding the right of a person to obtain a ballot paper, the presiding Officer or the Polling Officer, as the case may be , shall overlook merely clerical or printing errors in any entry in the electoral roll, if he is satisfied that such person is identical with the elector to whom such entry relates.

42. Challenging of identity-

(1) Any polling agent may challenge the identity of person claiming to be a particular elector by first depositing a sum of ten rupees in each case with the Presiding Officer for each such challenge.

(2) On such deposit being made, the presiding Officer shall-

(a)warn the person challenged of the penalty for impersonation:

(b)read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry.

(a) Require him to affix his signature or thumb impression in the said list.

(3) The presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that purpose-

(a) require the challenger to adduce evidence in proof the challenge and the person challenged to advice

evidence in proof of his identity;

(b) Put to the persons challenged any question necessary for the purpose of establishing his identity and require him to answer them on oath; and

(4) If after the inquiry, the presiding Officer considers that the challenge has not been established, he shall allow the person challenged to vote, and if he considers that the challenge has been established he shall debar the person challenged from voting.

(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he

shall direct that the deposit made under sub rule(1) be forfeited to the Government and in any other case, he shall return it to challenger at the conclusion of the inquiry.

43. Safeguards against impersonation:-

(1) Every elector about whose identity the Presiding Officer or the polling Officers as the case may be, is satisfied shall allow his forefinger to the inspected by the Presiding Officer or the Polling Officer and an indelible mark to be put on it.

(2) If any elector refuses to allow his left forefinger to be inspected or marked in accordance with sub-rule (1)or has already such a mark on his left forefinger or does any act with a view to remove the ink mark, he shall not be supplied with any ballot paper or allowed to vote.

(3)Any reference in this rule to the left forefinger of an elector shall, in the case where the elector has his

forefinger missing, be constructed as 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 constructed as a reference to the forefinger or any other finger of his right hand, and shall, in the case where all his fingers of both the hands are missing be constructed as reference to such extremity of his left or right arm as he possesses.

44. Issue of ballot papers-

(1) No ballot paper shall be issued to any elector before the hour fixed for the commencement of the poll or after the hour fixed for the closing of the poll:

Provided that all those electors present within the limit of the polling station by the closing hour with a view to cast their votes shall be allowed to vote even beyond the closing hours on production of blank slips initialed by the Presiding Officer and distributed to such electors.

(2) Every ballot paper shall, before issue to an elector, be stamped on its back with such distinguishing mark

and signed in full on its back by the Polling Officer.

(3) At the time of issuing a ballot paper to an elector, the Polling officer Shall -

(a) record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the electoral roll and obtain the signature of the elector on the counterfoil.

(b))Mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has

been issued to him, without however, recording therein the serial number of the ballot paper issued to the elector.

(4) Save as provided in sub rule (3) , no person in the polling station shall note down the serial number of the ballot paper issued to a particular elector.

45. Voting procedure-

(1) The elector on receiving the ballot paper shall forthwith-

(a) proceed to one of the polling compartments;

(b) make there a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol

of the candidate for whom he intends to vote;

(c)fold the ballot paper so as to conceal his vote;

(d)if required, show to the Presiding Officer the distinguishing mark on the ballot paper;insert the folded ballot paper into the ballot box;maintain secrecy of voting; and

(e)quit the polling station.

(2) Every elector shall vote without undue delay.

(3) No elector shall be allowed to enter a polling compartment when another elector is inside it.

(4) If an elector to whom a ballot paper has been issued refuses, after warning given by the

Presiding Officer, to observe the procedure as laid down in sub-rule (1), the ballot paper issued to him shall, whether he has recorded his vote thereon or not, be taken back from him by Presiding Officer or a Polling Officer under the direction of the Presiding Officer.

(5) After the ballot paper has been taken back, the Presiding Officer shall record on its back the words “Cancelled” ‘Voting procedure violated’ and put his signature below these words.

All the ballot papers on which the words “Cancelled” ‘Voting procedure violated’ are recorded, shall be kept in a separate cover which shall bear ;on its face the works Ballot Papers: Voting procedure violated”.

(6) Without prejudice to any other penalty to which an elector from whom a ballot paper has

been taken back under sub-rule (5) may be liable to the vote, if any, recorded on such ballot paper shall not be counted.

46. Procedure for recording of vote through postal ballot-

(1) An elector who has received a postal ballot paper and desires to vote shall record his vote on the ballot paper in accordance with the directions contained in Part I of Form 27 and then enclose it in cover in Form 25.

(2) The elector shall sign the declaration in Form 24 in the presence of, and have the signature attested by a stipendiary magistrate or such other officer specified below, as may be appropriate, to whom he is personally known or to whose satisfaction he has been identified-

(a)In the case of a service voter, such officer as may be appointed in this behalf by the Commanding Officer of the Unit, Ship, or establishment as the case may be is employed or such officer as may be appointed in this behalf by the diplomatic or Consular representative of India in the Country in which such voter is resident;

(b)In the case of a service voter holding any office under the Government and verified to be moving along with the headquarters, any gazetted officer.

47. Recording of vote of blind or infirm electors.-

(1) If owing to blindness or other physical infirmity, an elector is unable to recognise the symbols 00 the ballot paper or to make a mark thereon, the Presiding Officer shall permit the elector to take with him a companion of not less than eighteen years of age to the Voting Compartment in the Polling Station who shall record the vote on the ballot Paper in accordance with the wishes of the elector, fold it so as to conceal the vote and insert it into ballot box.

(2) The Presiding Officer shall keep a brief record of the blind and infirm electors in

Form 17.

48. Spoilt and returned Ballot Papers,-

(1) An elector who has inadvertently dealt with his ballot Paper in such manner that it cannot be conveniently used as a ballot paper may, on returning it to the Presiding Officer and on satisfying him of the inadvertence, be given another ballot paper, and the ballot paper so returned and counterfoil, of such ballot paper shall be marked ‘Spoilt Cancelled’ by the Presiding Officer.

(2) If an elector after obtaining a ballot paper decides not to use it, he shall return it to the

Presiding Officer and the ballot paper so returned and the counterfoil of such ballot paper shall be marked as ‘Returned: Cancelled’ by the Presiding Officer.

(3) All ballot papers cancelled under sub (1) or sub rule (2) shall be kept in a separate `packet.

49.Tendered votes.-

(1) If a person representing himself to be a particular elector asks for a ballot paper after

another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, be entitled, subject to the following provisions of this rule, to mark a ballot paper hereinafter referred to as tendered ballot paper in the same manner as any other elector.

(2) Every such person shall, before being supplied with a tendered ballot paper, sign his name or

put his thumb impression against the entry relating to him in a list in Form 18.

(3) A tendered ballot paper shall be the same as the other ballot papers used at the polling

station except that –

(a) such tendered ballot papers shall be serially the last in the bundle of ballot papers issued for use at the polling station; and

(b) such tendered ballot paper and its counterfoil shall be endorsed on the back with the words ‘tendered ballot paper’ by the Presiding Officer in his own hand and signed by him.

(4) The elector, after marking a tendered ballot paper in the polling compartment and folding it,

shall instead of putting it into the ballot box, give it to the Presiding Officer, who shall place it in a cover specially kept for the purpose.

50.Closing of Poll.-

(1) The Presiding Officer shall close a polling station at the hour fixed in this behalf under rule 12

and shall not thereafter admit any elector into the polling station:

Provided that all electors present at the polling station before it is closed shall bed allowed to cast their votes.

(2) If any question arises whether an elector was present at the polling station before it was

closed, it shall be decided by the Presiding Officer and his decision shall be final.

51.Sealing of Ballot Boxes after poll.-

(1) As soon as practicable after the closing of the poll, the Presiding Officer, shall in the presence

of the candidates or their election agents or polling agents close the slit of the ballot box and seal and secure it and also allow any candidate, election agent or polling agent present to affix his seal.

(2) Where it becomes necessary to use a second ballot box by reasons of the first box getting

full, the first box shall be closed, sealed and secured as provided in sub-rule (1) before another ballot box is put into use, following procedure laid down in rule 35.

52.Account of Ballot Papers.-

The Presiding officer shall at the close of the poll prepare a ballot paper account in Part I of the Form 19 and enclose it in a separate cover with the words ‘Ballot Paper Account’ subscribed thereon.

53.Sealing of other packets.

(1) The Presiding Officer shall then make into separate packets :-

(a) the marked copy of the electoral roll;

(b) the counterfoils of the used ballot papers;

(c) the ballot papers signed in full by the Presiding Officers under sub-rule (2) of rule 44 but not issued to the voters;

(d) any other ballot papers not issued to the voters;

(e) the ballot papers cancelled for violation of voting procedure under sub-rule (6) of rule; 46

(f) any other cancelled papers;

(g) the cover containing the tendered ballot papers and the list in Form ‘18’;

(h) the list of challenged votes; and

(i) any other papers directed by the Election Authority to be kept in a sealed packet.

(2) Each such packet shall be sealed with the seal of the Presiding Officer and with the seal either of the candidate or his election agent or his poling agent who may be present at the polling station and may desire to affix his seal thereof.

54.Transmission of Ballot Boxes to the returning Officer.

(1) The Presiding Officer shall deliver or cause to be delivered to the Returning Officer at such

place as the Returning Officer may direct-

(a) the ballot boxes;

(b) the ballot paper account;

(d) all other papers used at the poll.

(2) The Returning Officer shall make adequate arrangements for the safe transport of all ballot boxes, packets and other papers and for their safe custody till the commencement of the counting of votes.

55.Adjournment of poll in emergencies.

(1) If at an election, the proceedings at any polling station are interrupted or obstructed by a riot

or open violence, or if at an election it is not possible to take poll on any polling station on account of any natural calamity or any other sufficient cause, the Returning Officer or the Presiding Officer for such polling station shall announce an adjournment of the poll to a date to be notified later and where the poll is so adjourned by a Presiding Officer who 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 Election Authority and shall, as soon as my be with the previous approval of the Government, appoint the date on which the poll shall recommence, and fix at the polling station 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.

56.Procedure on adjournment of poll.

(1) if the poll at any polling station is adjourned under rule 55, the provisions of rules 51 to 53,

as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under rule 12.

(2) When an adjourned poll is recommended, the voters who have already voted as the poll so

adjourned shall not be allowed to vote again.

(3) The Returning Officer shall provide the Presiding Officer of the Polling Station where such adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll and a new ballot box.

(4) The Presiding Officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for marking the names of the voters to whom the ballot papers are issued at the adjourned poll.

(5) The provisions of rules 30 to 54 shall apply in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.

57.Fresh poll in case of destruction etc. of Ballot Boxes-

(1) If at an election-

(a) any ballot box used at a polling station is unlawfully taken out of the custody of the presiding officer, or the Returning Officer, or is accidentally destroyed or is lost, or is damaged or tampered with to such an extent that the result of the polling station cannot be ascertained; or

(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station, the Returning Officer shall forthwith report the matter to the Election Authority and the Government.

(2) Thereupon the Government shall after taking all material circumstances into account-

(a) either declare the poll of that polling station to be void, appoint a day and fix the hours, for taking a fresh poll at that polling station and notify the day so appointed and the hours fixed in such manner as it may deem fit; or

(b) if satisfied that the result of a fresh poll at that polling station will not in any way, affect the result of the election or that the error or irregularity in procedure is not material, issue such directions to the Returning Officer as it may deem proper for further conduct and completion of the election.

(3) The provisions of the Act and these rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.

CHAPTER IX

COUNTING OF VOTES

58.Counting of votes.-

At every election where a poll is taken, votes shall be counted by or under the supervision of the Returning Officer and each contesting candidate, his election agent and counting agent shall have the right to be present at the time of counting.

59.Programme of counting.-

The Returning Officer shall , atleast one week before the date fixed for the poll, appoint the place or places where the counting of votes will be done, the number of counting tables and the date and time at which counting will commence and shall give notice of the same in writing to each candidate or his election agent.

Provided that, if for any reason, the Returning Officer finds it necessary so to do, he may after the date, time, place or places and the number of counting tables so fixed for any of them after giving notice of the same in writing to each candidate or his election agent.

60.Appointment of counting agent and revocation of such appointments.

Each contesting candidate or his election agent may appoint in Form 10-A one counting agent for each counting table and another counting agent for the Returning Officer’s table and may revoke such appointment in Form 11-A.

61.Admission to the place fixed for counting-

(1) The Returning Officer shall exclude from the place of counting of votes all persons except-

(a) persons authorised by the Election Authority;

(b) public servants on duty in connection with the election;

(d) such persons to be known as counting supervisors and counting assistants as the Returning Offices may appoint to assist him in the counting.

(2) Any person who during the counting of votes is guilty of misconduct or fails to obey the lawful directions of the Returning Officer may be removed from the place where the votes are being counted by the Returning Officer or by any Police Officer on duty or by any person authorised in this behalf by the Returning Officer.

62.Maintenance of secrecy at counting centre-

Every officer shall maintain secrecy at the counting centre,

63.Counting of votes received by post-

(1) he Returning Officer shall first deal with the postal ballot papers in the manner hereinafter

provided.

(2) No cover in Form 26 received by the Returning Officer after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be counted.

(3) The other covers shall be opened one after another and as each cover is opened, the Returning Officer shall scrutinise the declaration in Form 24 contained therein.

(4) If the said declaration is not found, or has not been duly signed and attested, or is otherwise substantially defective, or if serial number of the ballot paper as entered in it differs from the serial number endorsed on the cover in From 25, that cover shall not be opened, and after making an appropriate endorsement thereon, the Returning Officer shall reject the ballot paper therein contained.

(5) Each cover so endorsed and the declaration received with it shall be replaced in the cover in Form 26 and all such covers in Form 26 shall be kept in a separate packed which shall be sealed and on which shall be recorded the name of the constituency the date of counting and a brief description of its contents.

(6) The Returning Officer shall then place all the declarations in Form 24 which he has found to be in order in a separate packet which shall be sealed before any cover in Form 25 is opened and on which shall be recorded the particulars referred to in sub-rule (5).

(7) The covers in Form 25 not already dealt with under the foregoing provisions of this rule shall then be opened one after another and the Returning Officer shall scrutinise each ballot paper and decide the validity of the vote recorded thereon.

(8) A postal ballot paper shall be rejected-

(a) if it bears any mark (other than the mark to record the vote) or writing by which the elector can be identified; or

(aa) if no vote is recorded thereon; or

(b) if votes are given on it in favour of more candidates than one; or

(d) if it is a spurious ballot paper; or

(e) if it is not returned in the cover sent alogwith it to the elector by the Returning officer.

(9) A vote recorded on a postal ballot paper shall be rejected if the mark indicting the vote is placed on the ballot paper in such manner as to make it doubtful to which candidate the vote has been given.

(10) A vote recorded on a postal ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.

(11) The Returning Officer shall count all the valid votes given by postal ballot in favour of each candidate, record the total thereof in the result sheet in Form 20 and announce the same.

(12) Thereafter, all the valid ballot papers and all the rejected ballot papers shall be separately bundled and kept together in a packet which shall be sealed with the seal of the Returning Officer and of such of the candidates, their election agents or counting agents as may desire to affix their seal thereon and on the packet so sealed shall be recorded the name of the constituency, the date of counting and a brief description of its contents.

64.Counting of votes received in sealed covers-

(1) The Returning Officer shall then deal with the ballot papers received by him in sealed covers

referred to in sub-rule (4) of rule 40.

(2) The sealed covers shall be opened one after another in the presence of candidates or their election agents and counting agents.

(3) The Returning Officer shall count all the valid votes in the sealed covers and record the total number thereof in the result sheet in Form ‘20’ and announce the same.

(4) Thereafter all the valid ballot papers and all the rejected papers shall be separately bundled and kept together in a packet which shall be sealed with the seal of the Returning Officer and of such of the candidates and election agents or counting agents as may desire to affix their seals thereon and on the packets so sealed shall be recorded the name of the constituency the date of counting and the brief description of the contents.

65.Opening of ballot boxes-

(1) The Returning Officer shall then open the ballot boxes in the presence of the candidates or

their election agents or counting agents.

(2) The Returning Officer shall have the ballot box or boxes used at one polling Station opened and the ballot papers found in such box or boxes counted simultaneously.

(3) The Returning Officer may have box or boxes of one polling station counted at each counting table simultaneously in the counting place.

(4) Before any ballot box is opened at a counting table the counting agents present at that table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon to satisfy themselves that it is intact.

(5) The Returning Officer shall satisfy himself that none of the ballot boxes has in fact been tampered with.

(6) If the Returning Officer is satisfied that any ballot box has in fact been tampered with he shall not count the ballot papers contained in that box and shall follow the procedure laid in rule 57 in respect of that polling station.

66.Scrutiny and rejection of ballot papers-

(1) The ballot papers taken out of each ballot box shall be mixed together and then arranged in

convenient bundles and scrutinised.

(2) The Returning Officer shall reject a ballot paper-

(a) if it bears any mark or writing by which the elector can be identified; or

(b) if to indicate the vote, it bears no mark at all or bears a mark made otherwise than with the instrument supplied for the purpose; or

(d) if the mark indicating a vote thereof is placed in such a manner as to make it doubtful as to which candidate the vote has been given ; or

(e) if it is a spurious ballot paper; or

(f) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or

(g) if it bears a serial number or is of a design different from the serial number or designs of the ballot papers authorised for use at the particular polling station; or

(h) if it does not bear both the mark and the signature which it should have borne under the provisions of rule 44:

Provided that where the Returning Officer is satisfied that any such deface as mentioned in clause (g) or clause (h) has been caused by any mistake or failure on the part of the Presiding Officer or the Polling Officer, he ballot paper shall not be rejected merely on the ground of such defect:

Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the booth is indistinct or made more than once, if the intention that vote shall be for a particular candidate clearly appears from the way the paper is marked.

(3) Before rejecting any ballot paper under sub-rule (2) the Returning Officer shall allow such

counting agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper.

(4) The Returning Officer shall record, on every ballot paper which he rejects, the word ‘rejected’ and the grounds of rejection in abbreviated form, either in his own hand or by means of a rubber stamp, and his decision shall be final.

(5) All ballot papers rejected under this rule shall be bundled together.

67.Counting of votes-

(1) Every ballot paper which is not rejected under rule 66 shall be counted as one valid vote for

the candidate in favour of whom the voting mark has been duly given:

Provided that no cover containing tendered ballot papers shall be opened and no such paper shall be counted.

(2) After counting of all ballot papers contained in all the ballot boxes used at a polling

station has been completed:-

(a) the counting supervisor shall fill in and sing Part-II Result of counting in Form 19 which shall also be signed by the Returning Officer on scrutiny; and

(b) the Returning Officer shall make the entries in a result sheet in Form 20 and announce the particulars.

68.Sealing of used ballot papers-

The valid ballot papers of each candidate and PAO rejected ballot papers shall thereafter be bundled separately and the several bundles made up into a separate packet which shall be sealed with the seals of the Returning Officer and of such of the candidates and election agents or counting agents as may desire to affix their seals thereon and on the packets so sealed shall be recorded the following particulars namely :-

(a) the name of the constituency;

(b) the date of counting;

69. Counting to be continuous-

The Returning Officer shall, as far as practicable, proceed continuously with the counting of votes and shall during any intervals when the counting has to be suspended, keep the ballot papers, packets and other papers relating to the election sealed with his own seal and the seals of such candidates of election agents or counting agents as may desire to affix their seals and shall cause adequate precautions to be taken for their safe custody during such intervals.

70.Recommencement of counting after fresh poll-

If a fresh poll is held under clause (a) of sub-rule (2) of rule 57 the Returning Officer shall, after completion of that poll, recommence the counting of votes on the date and the time and place which have been fixed by him in that behalf and of which notice has been previously given to the candidates and their election agents.

71.Recount of votes-

(1) After the completion of the counting the Returning Officer shall record in the result sheet in

Form ‘20’ the total number of votes polled by each candidate and announce the same.

(2) After such announcement has been made, a candidate or in his absence, his election agent or any of his counting agents may apply in writing to the Returning Officer for a recount of the votes either wholly or in part stating the grounds on which he demands such recount.

(3) On such an application being made, the Returning Officer shall decide the matter and may

allow the application in whole or in part or may reject it in toto if it appears to him to be frivolous or unreasonable.

(4) Every decision of the Returning Officer under sub-rule (3) shall be in writing containing the reasons thereof and shall be final.

(5) If the Returning Officer decides under sub-rule (3) to allow a recount of votes either wholly or in part, he shall :-

(a) do the recounting in accordance with rules 66 and 69

(b) amend the result sheet in Form 20 to the extent necessary after such recount; and

(6) After the total number of votes polled by each candidate has been announced under sub-rule (c) of sub-rule 5 the Returning Officer shall complete and sign the result sheet in Form ‘20’ and no application for a recount shall be entertained thereafter;

Provided that after an announcement under sub–rule (1) of rule 71 a reasonable opportunity shall be given to a candidate and, in his absence, to his election agent or counting agent to make an application in writing to the Returning Officer for recounting of votes, if any dispute is raised regarding the results of the counting.

72.Destruction, loss etc. of ballot papers at the time of counting-

(1) If at any time before the counting of votes is completed any ballot papers used at a polling station 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 cannot be ascertained, the Returning Officer shall forth-with report the matter to the Government.

(2) Thereupon, the Election Authority shall, after taking all material circumstances into account :-

(a) either direct that the counting of votes, shall be stopped, declare the poll at that polling

station to be void, appoint a day, fix the hours, for taking fresh poll at that polling station and notify the date so appointed and hour 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 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 the Act and of these rules or orders made thereunder shall apply to avert

such fresh poll as they apply to the original poll.

73.Declaration of result of election and return of election

The Returning Officer as soon as the counting of votes is completed and result is Form ‘20’ signed, shall declare in Form ’21 the candidate, to whom the largest number of valid votes have been given to be elected under section 10 of the Act and hang-up the same in his office. He will send signed copies thereof to the Government and to the Election Authority. The Government shall cause the names of elected candidates to be published in the Government Gazette.

74.Certificate of election, oath or affirmation

(1) As soon as may be after a candidate has been declared to be elected, the Returning Officer

shall grant to an elected candidate a certificate of election in Form ‘22’ and obtain from the candidate an acknowledgement of its receipt duly signed by him and immediately sent the acknowledgement by Registered Post to the Election Authority and the Government.

(2) Every elected candidate shall before taking his seat make and subscribe before such person

as may be nominated by the Government in this behalf an oath or affirmation in Form ‘23’.

75.Custody and disposal of papers relating to election

(1) After completing the counting of votes in an election, all the ballot boxes used at an election

shall be kept in such custody as the Election Authority may direct.

(2) The Returning Officer shall, under the general instructions of the Election Authority, keep in safe custody-

(a) the packets of un-used ballot papers with counter-foils attached thereto;

(b) the packets of used ballot papers whether valid tendered or rejected;

(d) the ballot paper accounts in part I & II;

(e) any other papers directed by the Government or Election Authority to be kept in sealed packet;

(f) packets of the marked copy of electoral roll; and

(g) all other papers relating to the election.

(3) Each such packet shall be sealed with the seal of a Returning Officer and the seals either of the candidates or of their election agents or of their counting agents who may be present at the counting station and may desire to affix their seal theiron.

CHAPTER X

ELECTION DISPUTES

76. Filing of petition

(1) The petition referred to in sub-section (1) of section 12 shall be filed before the authority prescribed by Government (hereinafter referred to as Authority) within a period of 30 days from, but not earlier that, the date of election of returned candidate.

(2) The petition shall certain a statement in brief of the material facts on which the petitioner relies and shall where necessary be divided into paragraphs numbered consecutively. It shall be filed by the petitioner and verified in the manner prescribed for verification of pleadings in the Code of Civil Procedure, Svt. 1977.

(3) While filing a petition under sub-rule (1), the petitioner shall deposit, on obtaining order of the authority as security for the costs likely to be incurred a sum of rupees 500/-.

(4) The petitioner may, if he so desires, in addition to calling inquestion the election of returned candidate, claim for declaration that he himself or any other candidate has been duly elected.

(5) The authority shall, if the deposit in accordance with the provisions of sub-rule (3) has been made, proceed to inquire into the petition.

(6) The authority shall as soon as may be, cause the copy of the petition to be served on each opposite party.

77. Procedure to be followed:

Every dispute relating to election shall be inquired into by the authority as early as may be in accordance with the procedure applicable under the Code of Civil Procedure Svt. 1977 to the trial of suits;

Provided that it shall only be necessary for the authority to make a memorandum of the substance of the evidence of any witness examined by him.

78. Withdrawal of petition.

1. No election petition shall be withdraw without the leave of the authority.

2. If there are more petitions than one, no application to withdrawn a petition shall be made without the consent of all the petitioners.

3. When an application for withdrawal is made notice thereof fixing a date for the hearing of application shall be given to all other parties to the petition.

4. No application for withdrawal shall be granted if the authority is of the opinion that such application has been induced by any bargain or consideration.,

5. If the application is granted, the petitioner may be ordered to pay such cost to the opposite party as the authority may think fit.

79. Evidence during enquiry.

The provision of the Evidence Act, Svt. 1977 shall apply in all respects to the trial of an election petition.

80. The Election to be void.

1. If in the opinion of the authority.

(a) a retired candidate or his agent or any other person with the connivance of such candidate or agent has committed or abetted the commission of any election offence falling under Chapter XI of the Ranbir Panel Code Svt. 1989 or any law or rule relating to the infringement of the secrecy of an election; or

(b) the election of a returned candidate has been procured or induced, or the result of the election has been materially affected by any of the following corrupt practices, namely :-

(i)any election offence as mentioned in clause (a) above;

(ii)any payment to any person whomsoever on account of the conveyance of any elector to or from any place or for the purpose of casting his vote;

(iii)hiring employment, borrowing or using any vehicle for the purpose of conveyance of any elector to or from any place to the polling station for the purpose of casting his vote.

(c) The result of the election has been materially affected by any irregularity in respect of nomination paper or by the improper receipt or refusal of nomination paper or vote or by any non-compliance with the provision of the Act or the rules made thereunder, the election of such candidate shall be void; or

2. if the authority is of the opinion that any corrupt practice specified in sub-rule (1`) which does not amount to any form of bribery has been committed and if the authority is further of the opinion that the candidate has satisfied him that-

(a) no corrupt practice was committed at such election by the candidate and that any corrupt practices committed were committed contrary to the orders and without the sanction or connivance of such candidate;

(b) such candidate took all reasonable means for preventing the commission of corrupt practices at such election;

(d) In all other respects the election was free from any corrupt practice on the part of such candidate or any of his agent on part.

Then the authority may find that the election of such candidates is not void.

81. Conclusion of hearing.

(1) At the conclusion of the trial the authority shall make an appropriate order under section 12-

(a) dismission the petition; or

(b) declaring the election of the returned candidate to be void; or

(d) determining the election.

(2)The order of the authority under sub-rule (1) shall be communicated forthwith to the Election Authority and the Government.

82. Fresh election at court’s order.

When an election is declared void under section 12, the seat of the returned candidate shall be deemed to be vacant from the date of the order of the authority and the Government shall forthwith take necessarily steps for holding fresh election for filling the seat.

CHAPTER XI

REQUISITION OF PREMISES, VEHICLES ETC.

83. Requisition of premises, vehicles etc. for election purposes.

(1) The Dy. Commissioner may, if it appears to him in connection with an election under this Act-

(a) that any premises are needed or likely to be needed for the purpose of being used as polling station or for the storage of ballot boxes after a poll has been taken; or

(b) that any vehicle, vessel or animal is needed or is likely to be needed for the purposes of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining order during the conduct of such election or transport of any officer or other person for performance of any duties in connection with such election by order in writing requisition such premises, or as the case may be such vehicle, vessel or animal and may make such further orders is may appear to him to be necessarily or expedient in connection with the requisitioning:

Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election or such candidate shall be requisitioned under this sub-rule until the completion of the poll at such election.

(2) The requisitioning shall be effected by an order in writing addressed to the person deemed by the Dy. Commissioner to be the owner or person in possession of the property and such order shall be served on the person to whom it is addressed.

(3)Whenever any such property is requisitioned under sub-rule (1) the period of such requisitioning shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-rule.

(4)In this rule-

(a) “Premises” shall mean any land, building or part of a building and shall include a hut, shed or other structure or any part thereof;

(b) “Vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical owner or otherwise.-

84.Payment of compensation:

Whenever in pursuance of rule 83 any premises are requisitioned there shall be paid to the person interested compensation, the amount of which shall be determined by taking into consideration the following, namely:-

(i)the rent payable in respect of the premises, or if no rent is so payable, the rent payable for similar premises in the locality;

(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change;

Provided that any person interested, being aggrieved by the amount of compensation so determined under this sub-rule, may apply within 30 days from the date of the order determining the compensation to the Divisional Commissioner for a review. The decision of the Divisional Commissioner shall be final.

Explanation :- In this sub-rule, the expression “person interested” shall mean the person who was in actual possession of the premises requisitioned under rule 83 immediately before the requisition or where no person was in such actual possession, the owner of such premises.

(2) Whenever in pursuance of rule 83 any vehicle, vessel or animal is requisitioned there shall be paid to the owner thereof compensation, the amount of which shall be determined by the Dy. Commissioner on the basis of rates prevailing in the locality for the hire of such vehicle, vessel or animal:

Provided that where immediately before the requisitioning the vehicle or vessel or by virtue of a hire purchase agreement, in the possession of a person other than the owner, the amount determined under this sub-rule as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may be agreed upon; and in default of agreement in such manner as the Dy. Commissioner in this behalf may decide;

Provided further that any person interested, being aggrieved by the amount of compensation determined under sub-rule (2) may apply within thirty days from the date of the order determining the compensation to the Divisional Commissioner for a review. The decision of the Divisional Commissioner shall be final.

84. Manner of serving order of requisition of premises, vehicles, vessels and animals.

An order of requisition under rule 83 shall be served,

(a) where a person to whom such order is addressed is a Corporation or Firm, in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX as the case may be, in the First Schedule to the Code of Civil Procedure, Svt. 1977; and

(b) where the person to whom such order is addressed is an individual.

(i)Personally by delivering or tendering the order or

(ii)by registered post with acknowledgement due; or

(iii)if a persons cannot be found, by leaving an authentic copy of the order with any adult member of his family or by affixing such copy to some conspicuous part of the premises in which he is known to have last resided or carried on business, or personally worked for a gain.

86. Eviction from requisitioned premises:

(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under rule 83 may be summarily evicted from the premises by the Dy. Commissioner or any officer empower by the Dy. Commissioner in this behalf.

(2) The Dy. Commissioner or any other officer so empowered may after giving to any women not appearing in public reasonable warning and facility to withdraw remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

87. Release of premises from requisition.

(1) When any premises requisitioned under rule 83 are to be released from requisition the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned or if there is no such person, to the person deemed by the Dy. Commissioner to be the owner of such premises and such delivery of possession shall be a full discharge of the Dy. Commissioner from all liabilities in respect of such delivery but shall not prejudice any right in respect of the premises which any other person may be entitled by any law to enforce against the person to whom the possession of the premises is so delivered.

(2) Where the person to whom possession of any premises requisitioned under rule 83 is to be given under sub-rule (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the Dy. Commissioner shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and on the notice board in the office of the Dy. Commissioner.

(3) When a notice is affixed on the notice board as provided in sub-rule (2) the premises specified in such notice shall cease to be subject to the requisition on and from the date of such affixing of the notice and be deemed to have been delivered to the person entitled to possession thereof, and the Dy. Commissioner shall not be liable to any compensation or other claim in respect of such premises for any period after the said date.

88. Penalty for contravention of any order regarding requisitioning :

If any person contravenes any order made under rule 83, he shall be punishable with imprisonment for a term which may be extended to one year or with fine or with both.

CHAPTER XII

MISCELLANEOUS

89. Return or forfeiture of candidate’s deposit.

(1) The deposit made under rule 19 shall either be returned to the person making it or his legal representative or be forfeited to the Government in accordance with the provisions of this rule.

(2) Except in cases hereafter mentioned in this rule, deposit shall be returned as soon as practicable after the result of the election is declared.

(3) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of such list or after his death, as the case may be.

(4) Subject to the provisions of sub-rule (3) the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one sixth of the total number of valid votes polled by all the candidates.

90. Custody of papers relating to election.

The Returning Officer shall keep in custody the packets referred to in sub-rule (2) of rule 75 and all other papers relating to the election.

91. Production and inspection of election papers.-

(1) While in the custody of the Returning Officer-

(a) The packets of un-used ballot papers with counterfoils attached thereto; or

(b) The packets of un-used ballot papers whether valid, tendered or rejected; or

(d) The packets of marked copies of the electoral rolls,

shall not be opened and their contents shall not be inspected by or produced before, any person or authority except under orders of the Authority.

92. Disposal of election papers.

Subject to any direction to the contrary given by the Government or by the Authority under section 12

(a) the packets of unused ballot papers shall be retained for a period of six months and shall thereafter be destroyed in such manner as the Government may direct;

(b) the other packets referred to in rule 75 shall be retained for a period of one year and shall thereafter be destroyed;

Provided that packets containing the counterfoils of used ballot papers shall not be destroyed except with the approval of the Government.

CHAPTER XIII

ELECTION OF CHAIRMAN

93. First meeting of the Council.

(1) The first meeting of the Council after each general election shall be held within 15 days from the date of publication of the results of the election of members under rule 73:

Provided that the Government may extend the period of fifteen days by such period as it thinks fit.

(2) The Election Authority shall convene the first meeting of the Council by sending notice specifying therein the date, time and place of the meeting to the registered address of each member of the Council at least seventy-two hours before the time fixed for such meeting.

(3) At the first meeting or at any other meeting of the Council the election of the Chairman after a general election, convened in accordance with sub-rule (2) the Election Authority shall preside and the elected members shall elect from amongst the elected members, one member to be the Chairman.

94. Procedure for election of Chairman-

The election of Chairman shall be held at the meeting convened for the purpose in the following manner :-

(a) Any elected member present may propose an elected member as a candidate for the office of Chairman

(b) No candidature shall be taken into consideration unless it has been recorded by an elected member other than proposer.

(c) If there is only one candidate duly proposed and seconded for election the President of the meeting shall forthwith declare such candidate to be elected.

(d) If there is more than one such candidate for election as Chairman, the President of the meeting shall supply to each elected member a voting paper containing the names of the candidates, who have been duly proposed and seconded and with blank space opposite each such name after putting his signature on the back of the voting paper and obtaining the signature of such member in the attendance sheet for the meeting as a token of receipt of the voting paper.

(e) Each elected member shall record his vote by putting a tick in the space opposite the name of the candidate for whom he intends to vote, fold the voting paper so as to conceal the vote recorded and deliver the folded voting paper to the President of the meeting.

(f) As soon as all the voting papers have been delivered to the President of the meeting, he shall proceed with counting of valid votes secured by the individual candidates after rejecting any voting paper.

(i)which does not bear on its back the signature of the President of the meeting or.

(ii) if the tick mark is put opposite the name of more than one candidate.

(g) After completion of counting of valid votes secured by the individual candidates, the President of the meeting shall declare the candidate , whom the largest number of valid votes have been given to be elected as Chairman.

(h) If, after the counting of votes is completed, any equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the President of the meeting shall forthwith decide between those candidates by lot, and proceed if the candidate on whom the lot falls had received an additional vote.

95. Election of Chairman in case of vacancy.

(a) In the case of a vacancy in the Office of the Chairman by reasons of death, resignation, removal or otherwise, a new Chairman shall be elected at a meeting of the Council within one month of the occurrence of such vacancy.

(b)The meeting shall be convened by the Chief Executive Officer on such date and at such place and time as the Government may fix.

all members at least ten days before the date fixed for such meeting causing it to be sent to the registered address of each member at least seventy-two hours before the time fixed for such meeting.

(d) The procedure for election of the Chairman shall be as laid down in rule94.

CHAPTER XIV

GENERAL PROVISIONS

96. Removal of difficulties, if any by Government-

(1) The Government may issue such general or special directions as may, in its opinion be necessary for the purpose of giving effect to these rules, or holding any election under the Act.

(2) If any difficulty arises in giving effect to the provisions of these rules or in holding any election under the Act the Government, as the occasion requires, may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty.

(Sd.) /-

Commissioner/Secretary to Government,

Ladakh Affairs Department.

FORM 1

[ See rule 13(1) ]

Notice of Election

Election to _______________________

Notice is hereby given that __

1. an election is to be held of _______________________

2. forms of nomination paper may be obtained at the office s of the officers specified between the hours of ______________________and ____________________from____________________(date) to ________________________(date).

3. Nomination papers may be delivered between the hours of 11 in the morning and 3 in the afternoon by a candidate or his (authorised agent) to any of the officer specified at his office on any day not later than the ____________________ ______________day of __________________

4. The nomination papers will be taken up for scrutiny at ___________(hours) on_________(date)

at _____________________(place).

5. notice of withdrawal of candidature may be delivered by a candidate, his 1 ( authorised agent) or election agent to any one of the officers specified at his office before 3 P.M. on _______________

6. nomination papers and notice of withdrawal may be delivered to any of the officers specified in the first column of the following table at his office specified in the corresponding entry in the second column of the table:-

TABLE

Designation of Officer, Location of Office.

1. 2.

------------------------------------------------------------------------------------------------------------

1. Returning Officer.

2. Assistant Returning Officer.

(7) In the event of election being contested, the poll will take place on ________________________

between the hours of = ________________________and _______________________________

Date___________ Returning Officer.

Place___________ _____Constituency.

*Here appropriate particulars of the election to be inserted.

FORM 2

[ See rule 16 (3) ]

Nomination Paper

Name of the Constituency. ___________________________________

Name of the candidate. ___________________________________

Father’s name. ____________________________________

Occupation. _____________________________________

Address. _____________________________________

Constituency on electoral roll

Of which the candidate is

Registered as an elector. _____________________________________

No of the candidate on the electoral

Roll of the constituency in which he

Is registered as an elector: _______________________________________

Name of the proposer. _______________________________________

No. of the proposer on the

Electoral roll of the

Constituency in which the

Candidate is a candidate for

Election. ________________________________________

Signature of the proposer. _________________________________________

I hereby nominate ……………………………….as a candidate for the election from ………………………………..Constituency of the locality…………………………

Signature of the proposer

(To be filled in by the candidate)

I, the above mentioned candidate, assent to this nomination and hereby declare__

(a) that I have completed___________________years of age.

(b) that the symbols I have chosen in order of preference are –

(i) _________________________________

(ii) _________________________________

(iii) __________________________________

Date………………. Signature of the candidate.

( To be filled in by the Returning Officer or other authorised person)

Serial number of nomination paper ------------------------------------------------

This nomination was delivered to me at my office at ------------------------------------(hours) on ---------------------------(date).

Returning Officer

or other authorised person.

Date……………..

Certificate of Scrutiny

I have scrutinized the eligibility of the candidate and the proposer , and find that they are respectively qualified to stand for election and to propose the nomination and I, therefore, accept the nomination in accordance with the rules of the Ladakh Autonomous Hill Development Councils (election) Rules, 1995.

OR

I have scrutinized this nomination and rejected it for the following reasons:-

Date________________ Signature of Returning Officer.

Note:- This nomination paper will not be valid unless it is delivered to the persons

authorised to receive it at his office before_________________________hours on

The symbol assigned to the candidate is _________________________________

Date___________ Signature of the

Returning Officer

(Perforation)

Receipt for Nomination Paper

(To be handed over to the person presenting the nomination paper).

Serial No. of nomination paper ______________________________

This nomination was delivered to me at my office at (date and hour).

Signature of Returning Officer

or other authorised person.

FORM 3

[ See rule 20 ]

Notice of Nomination

Election to the …………………………………from the …………………………………………Constituency.

Notice is hereby give that the following nomination in respect of the above election have been received

upto…………………PM today……………………………………..

S.No. Name of * Name of Age of the Address of the Electoral Name * Father’s/ Address Electoral

Of candidate father/ candidate candidate roll No. of the husband’s of the roll No.

Nomi- husband of the proposer name of proposer of the

Nation of the candidate the pro- proposer

Paper candidate poser

______________________________________________________________________________________________

Place………………………. Returning Officer

Date………………………..

* Strike off the inappropriate alternatives.

FORM 4

[See rule 21 (7) ]

List of Validly Nominated Candidates.

* Election to the ……………………………………………….

Serial Name of the candidate ** Name of father/ Address of

No husband candidates.

(1) (2) (3) (4)

__________________________________________________________________

Place………………………

Date……………………… Returning Officer.

* Appropriate particulars of the election to be inserted here

** Strike off the inappropriate alternative.

FORM 5

[ See rule 22 (3) ]

Notice of withdrawal

Election to the *……………………………………………………

The Returning Officer

I ,_________________________a candidate nominated at the above election do

hereby give notice that I withdraw my candidature.

Place………………

Signature of candidate

Date…………………

This notice was delivered to me at my Office at …………………(hours) on…………..(date)by………………….(name) the …………………..

Date………………….. Returning Officer.

_______________________________________________________________

Receipt for Notice of withdrawal

( to be handed over to the person delivering the notice)

The notice of withdrawal of candidature by…………………………….a candidate at the election to the ………………………………………….was delivered to me by the ……………………………….at my office at ………………….(hours) on……………………(date)

Returning Officer.

* Appropriate particulars of the election to be inserted here.

FORM 6

[ See rule 22 (4) ]

Notice of withdrawal of Candidature.

Election to the *___________________________________________________

Notice is hereby given that the following candidate/candidates ** at the above election withdraw his candidature/their candidatures** today:-

______________________________________________________________________________Name of the candidate Address of candidate Remarks

Date…………………… Returning officer.

* Appropriate particulars of the election to be inserted here

** Strike off the inappropriate alternative.

FORM 7

[ See rule 23 (1) ]

List of Contesting Candidates

Election to the ……………………………………………………………………………

from the……………………………………………………………………Constituency.

S.No. Name of candidate Address of candidate Symbol Allotted
________________________________________________________________________ 1. 2. 3. 4.

Place………….. Returning Officer.

Date……………

FORM 8

[ See rule 25 (1) ]

Appointment of Election Agent.

Election to the ……………………………………………………………………

I,……………………………………………a candidate/ the election agent of

………………….

Who is a candidate at the above election do hereby appoint ………….…………………

of……………………….as my election agent from this day at the above election.

Place………………

Date……………… Signature of candidate.

I agree to act as such election agent.

Place……………

Date…………….. Signature of Election Agent.

FORM 9

[ See rule 25 (2) ]

Revocation of Appointment of Election Agent.

Election to the * ………………………………………….

The Returning Officer,

……………………….

I, ………………………………a Candidate at the above election, hereby revoke

the appointment of ………………………………….my election agent.

Place………………

Date……………….. Signature of candidate.

* Appropriate particulars of the election to be inserted here.

FORM 10

(See rule 26(1) )

Appointment of Polling Agent.

Election to the ………………………………………………………………………….

I,………...……………………………………………….a candidate/ the election agent of

……………………………………….who is a candidate at the above election do hereby

appoint……….…………………………..of ……………………..as a polling agent to

attend Polling Station No………………………………at……………………….

Place………………

Date……………….. Signature of

Candidate/ election Agent.

I agree to act as such Polling Agent

Place………………

Date………………… Signature of Polling Agent.<