The Punjab Panchayati Raj Act 1994

______________________________________________________________ Corrected/ Amended upto 31.07.2013 2 CHANDIGARH ADMINISTRATION FINANCE DEPARTMENT Notification The 26th September, 1994. No. UTFII(10)/94/12716 - With reference to Chandigarh Administration, Finance Department, Notification bearing No. UTFII(10)/94/12453, dated the 20th September, 1994 and in exercise of the powers conferred under sub-section (i) of Section 227 of the Punjab Panchayati Raj Act, 1994 as extended to the Union Territory, Chandigarh, the Administrator, Union Territory, Chandigarh is pleased to formulate the following rules, namely :- 1. (1) These rules may be called the Chandigarh Panchayat Election Rules, 1994. (2) They shall come into force on the date of their publication in the Official Gazette. (3) They shall apply to the Gram Panchayats, Panchayat Samitis and Zila Parishads constituted under the Punjab Panchayati Raj Act, 1994 as extended to the Union Territory, Chandigarh. 2. Definitions and Explanations: - In these rules, unless the context otherwise requires:- (a) “Agent” means any person appointed in writing by a candidate at an election to be his agent for the purposes of these rules, with the acceptance by such persons of the office of such election agent; (b) “Backward Classes” means castes, races or classes declared as Backward Classes by the Chandigarh Administration from time to time; (c) “Commission” means the Election Commission for the Union Territory, Chandigarh. (d) “Election” means election of a Panch, Sarpanch of a Gram Panchayat, member of Panchayat Samiti, Zila Parishad whether by direct election or out of the representative of Sarpanches or Chairman or Vice-Chairman of the Panchayat Samiti or Zila Parishad, as the case may be; (e) “Elector” means a person whose name is entered in the electoral roll of Gram Panchayat and are in force for the time being; (f) “Form” means a form appended to these rules; (g) “Government” means the Administrator appointed under Article 239 of the Constitution of India; (h) “Scheduled Castes” means any of the Scheduled Castes specified in Part II of the Schedule to the Constitution (Scheduled Castes) (Union Territories) Order, 1951; (i) “Public Holiday” means holiday declared under the Negotiable Instruments Act, 1881. 3 3. Electoral Rolls:- (1) For every Panchayat Constituency, there shall be a electoral roll which shall be prepared and maintained under the superintendence, direction and control of the Election Commission. (2) Every person who is eligible to be registered in relevant part of the electoral rolls of the Chandigarh Parliamentary Constituency as per provisions and rules contained in the Representation of the People Act, 1950 and the rules made thereunder, shall be entitled to be registered as Elector in Panchayat Constituency’s Electoral Rolls. (3) Such part of electoral roll of Parliamentary Constituency of Chandigarh, Union Territory as relates to Panchayat Constituency for the time being in force, shall also be Electoral Roll for the election of Panchayat, Zila Parishad and Panchayat Samitis, as the case may be and shall be deemed to be as prepared under sub-rule (1) above. (4) Nothing shall prohibit the Election Commission to prepare fresh Electoral Roll of Panchayat constituency in reference to a qualifying date as fixed by the Administrator from time to time or to get revised or upto date said electoral roll as prescribed in sub-rule (3) under his superintendence, direction and control for holding General or bye-election of Gram Panchayat/Panchayat Samitis or Zila Parishad, as the case may be hereafter. 4. Appointment of Electoral Registration Officers and Assistant Electoral Registration Officers:- (1) The Commission may appoint one or more Electoral Registration Officers or Assistant Electoral Registration Officers for the preparation or revision of electoral rolls, as the case may be, for the Panchayat in a sub-division. (2) The Assistant Electoral Registration Officer can perform any or all the functions of the Electoral Registration Officer subject to the directions, superintendence and control of the Electoral Registration Officer. (3) The Electoral Registration Officer may appoint necessary staff to assist him. 5. Notification of election and preparation of electoral rolls:- As soon as a notification under Section 209(1) of the Punjab Panchayati Raj Act, 1994 as extended to the Union Territory, Chandigarh is issued by the Government, the Election Commission shall take action to hold elections, as soon as possible. 6. Appointment of Returning Officer and Assistant Returning Officer:- (1) The Election Commission may appoint Returning Officers for every Gram Sabha/Panchayat Samiti/Zila Parishad; provided that every such person shall be an officer of the Government: Provided that nothing in this rule shall prevent the Election Commission from designating or nominating or appointing the same person to be the returning officer for more than one ward, as the case may be. (2) Assistant Returning Officer : (1) The Election Commission may appoint one or more persons to assist any Returning Officer in the performance of his functions; provided that every such person shall be an officer of the Government; (2) Every Assistant Returning officer shall subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer : 4 Provided that no Assistant Returning Officer shall perform any of the functions of the Returning Officer, which relate to the scrutiny of a nomination, unless the Returning Officer is unavoidably prevented from performing the said functions: (3) Reference in these Rules to the Returning Officer shall, unless the context, otherwise requires, be deemed to include an Assistant Returning officer performing any function, which he is authorized to take under the rules or perform under sub-rule (2) above. 7. Publication of election programme/ appointment of dates for nominations etc.:- (1) As soon as election programme is notified under Rule 5, the Returning Officer in the Constituency for which he has been appointed as such shall publish the details of the election programme in Form IV by pasting the same outside his office and at conspicuous places in the Gram Sabha area included in that constituency. (2) As soon as the notification calling upon elector of constituency to elect a member or members is issued the Election Commission shall, by notification in the official Gazette, appoint :- (a) the last date for making nominations, which shall be the fifth day after the date of publication of the first mentioned notification, or if that day is a public holiday, the next succeeding day which is not a public holiday; (b) the date for the scrutiny of nomination which shall be the day immediately following the last date 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 candidatures, which shall be the second day after the date for the scrutiny of nominations 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 which or the first of which shall be a date not earlier than the seventh day after the last date for the withdrawal of candidatures, and (e) the date before which the election shall be completed : Provided that the Election Commission, may extend the period of completion of election, if necessary, by issuing a Notification to this effect in the official Gazette. 8. Notifiation of Symbols:- The Commission shall by Notification in the Official Gazette publish lists of symbols for use in the Panchayat election, and may amend such list, if so required thereafter. 9. Presentation of Nomination:- (1) Nomination papers, shall be presented to the Returning officer in Form V in person by the Candidate himself on the dates, time and place fixed for filing the nomination papers. (2) The nomination papers of a member of Scheduled Castes or Backward Classes shall also be accompanied by a declaration in Form V-A: Provided that no person shall propose or second more than one candidate and the candidate himself shall not propose or second the name of any other candidate: 5 Provided further that the proposer and seconder should be an elector from the same Sabha/Panchayat Samiti/Zila Parishad: Provided also that the candidate contesting for Gram Panchayat should be an elector in the Sabha Area and Candidate contesting for Panchayat Samiti should be an elector in the concerned constituency of that Samiti Area and candidate contesting for a Zila Parishad should be an elector in the concerned constituency or that Zila Parishad Area. (3) The nomination of each candidate shall be made on a separate nomination Form as specified in sub-rule (1) and must be subscribed by the candidate himself as assenting to the nomination. (4) The nomination of a member of Scheduled Castes from a Constituency reserved for Scheduled Castes or Backward Classes, as the case may be, shall be accompanied by a Certificate issued by the Competent authority. (5) *The nomination paper shall be accompanied by a fee of Rs. 500/- for a Panch or Sarpanch of the Gram Panchayat, Rs.1,000/- for member of the Panchayat Samiti and Rs.2,000/- for member of the Zila Parishad: Provided that the said fee shall be deposited in cash with the concerned Returning Officer before filing the nomination paper: Provided further that for Scheduled Castes and Backward Classes the fee will be half of the fee specified in sub-rule (5) above. 10. Scrutiny of Nomination papers and decision on objections :- (1) The Returning Officer shall scrutinize the nomination papers at the time appointed in this behalf, hear objections, if any, presented by the objectors in person, as to the eligibility of any candidate and determine these objections after such inquiry as he may consider necessary. The decision rejecting or accepting a nomination paper and a brief statement of reasons thereof, shall be endorsed on the nomination paper duly signed by the Returning Officer: Provided that the Returning Officer may:- (a) permit any clerical error in the nomination paper in regard to names or numbers to be corrected in order to bring them in conformity with the corresponding entries in the electoral rolls; and (b) where necessary, direct that any clerical or printing error in the said entries in the electoral roll shall be overlooked. (2) The person objecting under sub-rule (1), must be a candidate of the concerned Gram Panchayat or Sabha, Samiti Parishad Area, as the case may be. 11. Withdrawal of Nomination:- Any candidate may withdraw his candidature by a notice to the Returning Officer in writing on prescribed dates which shall contain the particulars as given in Form V-B. 12. Allocation of Symbols:- The Returning Officer shall, on the expiry of the time fixed for withdrawal of candidatures, allocate by draw of lot to each validity nominated candidate hereinafter called the contesting candidate a Symbol out of symbols as prescribed by the Election Commission. * Amended vide Chandigarh Administration Finance Department Notification bearing No. 255-UTFII(8)- 99/10256 dated 09.09.1999 6 13. Publication of the list of contesting candidates :- The particulars of the validity contesting candidates shall be displayed outside the office and published in office Gazette by the Returning Officer in Form VI and will contain the names according to English alphabetical order alongwith the particulars of the candidates and symbols allotted to each of the candidates. 14. Appointment of Presiding Officer and Polling officer:- The Returning Officer shall appoint a Presiding Officer and such number of polling officers as may be necessary for the conduct of poll at each Polling Station. The Presiding Officer, shall in addition to other duties imposed upon him by these rules, be in general in-charge of all arrangements at the Polling Station and may issue orders as to the manner in which the persons shall be admitted to the Polling Station and for the maintenance of peace and order at or in the vicinity of the Polling Station. It shall be the duty of the Polling Officer and Polling Assistants at the Polling Station to assist the Presiding Officer of such station in the performance of his functioning. Nothing shall prohibit first Polling Officer to act as Presiding Officer in case the Presiding Officer becomes all of sudden ill or unable to attend his duties due to unavoidable circumstances beyond his control or during temporary absence of the Presiding Officer, during hours of poll. 15. Distinguish Mark:- Before any Ballot paper is delivered to a voter at the Polling Station, it shall be marked in hand or with Rubber Stamp on top right corner on the back of Ballot Paper, with such distinguished mark as may be specified. Every Ballot paper shall be signed in full on its back at the foot by the Presiding officer: 15-A. Provided that the Presiding Officer shall enter electoral serial number in the counterfoil of each Ballot paper and obtain signature or thumb impression of Voters on it, before handing over Ballot Paper to Voter. 16. Safeguards against personation:- (1) Every elector shall allow his left fore finger to be inspected by the Presiding Officer or Polling Officer and indelible ink mark to be put on it. If any elector refuses to show his left forefinger or does any act with a view to removing the ink mark, he shall not be supplied with any Ballot paper or allowed to Vote. (2) Any reference in this rule to the left fore-finger of a voter shall, in the case where the elector has his left hand, and shall in the case where all the fingers of his left hand are missing be construed as a reference to the fore-finger or any other finger of his right hand and shall in the case where all his fingers on both hands are missing be construed as a reference to such extremity of his left or right arms as he possesses. 17. Design of Ballot Boxes:- Every Ballot Box shall be of such design as may be approved by the Election Commission. 18. Material to be supplied at the Polling Station:- The Returning officer shall provide at the Polling Station the following, namely :- (1) The adequate number of Ballot Boxes; (2) Sufficient number of Ballot Papers; (3) Copies of the relevant parts of the electoral roll; (4) Distinguishing mark for stamping the Ballot papers; (5) Other necessary material; form, covers etc. for the conduct of poll. 7 19. 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 may exclude there from all persons other than :- a) Polling Officer; b) Public Servants on duty in connection with the Election; c) Persons authorized by the Election Commission in writing; d) Candidates, their election agents or their Polling Agents on the Production of Identity Card; e) The child in arms accompanying an elector; f) A person accompanying a blind, old or an infirm elector who can not move without helps and g) Such other persons as the Returning Officer or Presiding Officer may allow. 20. Candidate and his Agent to be allowed to enter Polling Station:- The Presiding Officer shall allow the candidate or his Polling Agent to enter in the Polling Station, during the Polling except the Polling Compartment, provided that if a candidate wants to appoint a Polling Agent or change a Polling Agent for any reason he shall inform the Presiding Officer giving his name and complete address of the person in writing before the commencement of poll. All the Polling Agents shall obey the lawful directions of the Presiding Officer for the smooth conduct of Poll. 21. Procedure before the commencement of Polls:- Immediately before the commencement of the poll, the Presiding Officer shall show the empty Ballot Boxes to the Polling Agents who may be present at the Polling Station, so that they may see the Ballot Boxes are empty. The Presiding Officer shall secure and seal the Ballot Boxes in the manner as prescribed by the Commission that the slit for insertion of Ballot papers remains open. Every Ballot Box used at the Polling Station shall bear labels both inside and outside, marked with the following, namely :- a) the serial number, if any, and the name of constituency; b) the serial number and name of the Polling Station. c) the serial number of the Ballot Box (to be filled in the end of poll on the label outside the ballot box only); and d) the date of poll. The Ballot boxes shall be closed, sealed and secured and placed in full view of the Presiding officer and Polling Agents, provided that only one box shall be used at a time for an election. 22. (1) Voting shall be by secret ballot and every elector wishing to record his vote shall do so in person by means of a ballot paper specified by the Election Commission to be supplied to a voter which shall have a serial number, names of the Candidates and such symbols as are allotted to the Candidates, such other particulars of the candidate and such officials marks as may be specified by the Commission. Every elector shall be entitled to cast single non-transferable vote : 8 Provided that a voter who are eligible to participate in such election and in service shall be entitled to vote by post. The following persons shall, subject to their fulfilling the requirements specified below, be entitled to vote by post, namely:- a) Voters having service qualification defined in Sec. 20(3) of the Representation of Peoples Act, 1950 and one entered in its last para of the relevant Electoral Roll; b) Voters on election duty; c) Electors subject to the preventive detentions; and d) Any other electors as may be specified by the Election Commission in this behalf. The Voter who want to vote at a Panchayat Election may send, a request in writing to the Returning Officer concerned of their intention in Form VII for the supply of postal Ballot paper, and such applications should reach the Returning Officer five days before the date of poll. (2) A postal ballot paper shall be sent by post under certificate of posting to the Elector by the concerned Returning Officer five days before the date of actual poll to voters who apply for the same. The elector will mark the ballot paper as per instructions of the Commission as per his choice and return the same in sealed cover to the Returning Officer so that the postal ballot paper reaches the Returning Officer on or before the commencement of counting of votes. (3) The Returning officer shall also make a mention thereof on the relevant marked copy of the Electoral Roll which relates to the service voters. (4) Returning Officer will then keep the Ballot papers so received in a separate packet which shall be open at the time of counting and scrutinize these in accordance with instructions given by the Commission. The votes secured by each candidate shall be added in the result sheet at the end at the time of counting. 23. Commencement and close of poll:- The poll shall commence and close at the date and hours fixed by the Commission for the purpose : Provided that : a) all electors present at the place fixed for the poll before it is so closed shall be entitled to have their votes recorded ; and b) if for any reason, it is not possible to commence the poll at a polling station at the hours appointed or if by reason of disorder at the polling station or for any other reason, polling for a certain time has to be stopped, the Presiding Officer shall keep the polling station open for a further period equal to that which lapses between the hour appointed for the commencement of poll and the hour at which it was actually opened at the time during which the polling was stopped, as the case may be. The Presiding Officer, shall inform the Returning Officer concerned of such incidence at once who will further inform the Commission without any delay. 24. Seating arrangement of the Polling Officer:- The table of the Polling Officer shall be so placed that when a voter arrives at the Polling Station and meet the first Polling Officer inside the polling station who will speak out his name so that if a polling agent wants to challenge his identity, he may do so. If no challenge is made and the voter has been identified the Polling Officer will underline in the marked copy of electoral roll and also make a tick mark against women voter to be counted at the end and issue an 9 identity slip after locating his name in the Electoral Roll. Then, he will proceed to the second Polling Officer who will mark his left hand fore finger in the manner given in rule 16. Thereafter, he will proceed to the third Polling Officer who will give the ballot paper and marking stamp to him after obtaining his signatures on counterfoil of Ballot Paper. He will, then, go to the polling compartment where he has to mark and cast his votes and after that put the same in the Ballot Box after folding it properly. In case the Government decides to hold the elections to the Gram Panchayats, Panchayat Samiti and Zila Parishad, simultaneously, the Commission may post additional Polling Officers. Each Additional Polling Officer (s) will be custodian of ballot papers for Gram Panchayat, Panchayat Samiti and Zila Parishad constituency, as the case may be and ballot papers will be given to the elector in the prescribed order. 25. Tendered votes:- (1) If a person claiming himself to be a particular voter and whose name is entered in the electoral roll, comes after another person who already has voted as such by successful impersonation subject to the satisfaction of the Presiding Officer be allowed to vote but his vote will be considered to be a tendered vote which shall be handed over to the Presiding Officer separately and not in the Ballot Box. The ballot paper to be given to such voters will be of the last of the series being used on the polling station. The words ‘Tendered Ballot Paper’ will be stamped or written in hand on the both side of the Ballot Paper before issue. The Presiding Officer will pack tendered vote in separate cover and all such covers shall be put in a separate envelop meant for tendered votes and electoral roll and the name of the polling station to which the roll relates shall be entered in a list bearing the heading “Tendered Votes List”. The person tendering such ballot paper shall sign his name and address thereon or affix his thumb impression against the entry of that list. (2) The “Tendered Votes List” shall be prepared by the Presiding Officer in Form VIII. 26. Challenged Votes:- If any candidate or polling agent challenges the identity of a voter who have come to cast his vote, shall pay Rs. 2 to the Presiding Officer. The Presiding Officer shall enter the particulars of such person in the list of challenged votes, his name and address or if he is unable to write, to fix his thumb impression therein and may further require such person to produce evidence for his identification. If after summary enquiry the Presiding Officer is satisfied that he is a genuine voter, he shall be allowed to vote. If the challenged person is not found to be genuine, he may be handed over to the nearest Police Station with a report for registration of a case of impersonation against him. In such cases, the amount of Rs. 2 shall be refunded to the challenger. The amount forfeited shall be paid to the Returning Officer for further deposit in the Government Treasury. The Presiding Officer shall at the close of the poll, prepare a list of challenged vote in Form IX. 27. Spcilt Ballot Papers:- A voter who has inadvertently spoilt his ballot paper in such a way that it can not conveniently be used as a ballot paper may, on returning it to the Presiding Officer and satisfying him of his inadvertence, obtain another ballot paper in place of the spoilt ballot paper and the former shall be marked as cancelled. All such ballot papers shall be put in a separate packet marked “Cancelled Votes” and a note made in the Ballot paper account. 28. Returning of ballot-paper of voter :- (1) If a voter after obtaining any ballot paper for the purpose of recording his vote decides not to use the same, he shall return the ballot-paper to the Presiding Officer and the Ballot paper so returned shall then be marked “cancelled returned” and kept in a separate packet set apart for the purpose and record shall be kept by the Presiding Officer of all such ballot-papers. (2) If any ballot paper which has been issued to any voter for the purpose of recording his vote has not been put in the ballot-box but has been left by the voter at the Polling Station or the Polling Compartment it shall be presumed as canceled and dealt with in accordance with the provisions of sub- rule (i), as if it has been returned to the Presiding Officer. 10 29. Recording of votes of infirm voter:- (1) If the Presiding Officer is satisfied that owing to blindness, old age or other physical infirmity an elector is unable to recognize the symbol on the Ballot paper or to insert the ballot-paper in the ballot-box, the Presiding Officer shall permit the elector to take with him a companion of not less than eighteen year’s of age to the voting compartment for making and putting the ballot-paper in the ballot-box on his behalf, and in accordance with his wishes. No person shall act ‘companion’ for more than once for an election. (2) The Presiding Officer shall keep a brief record of all such instances without indicating the manner in which the votes have been cast. (3) The Presiding Officer shall maintain the account of the ballot paper so received and issued by him in the form prescribed by the Election Commission and shall forward the true copy to the Returning Officer with Ballot-Box. (4) The copy of Ballot Paper account may be shown to the polling agent and Presiding Officer may give copy thereof on request. 30. Fresh poll in cash of destruction of Ballot Boxes:- (1) If at an election any ballot-box or boxes is or are unlawfully taken out of the custody of the Presiding Officer or is or are in any way tampered with, or is or are either accidentally or intentionally destroyed or lost, the election in respect of polling station to which the ballot-box or boxes relate may be declare void by the Election Commission. (2) Whenever the polling at any polling station is liable to be declared void under sub rule (1), the Presiding Officer shall, as soon as practicable, after the act or event causing such contingency has come to his knowledge, report the matter to the Returning Officer at once and Returning Officer shall further inform the Election Commission who shall, after holding such enquiry as he may deem necessary, declare such polling to be void and shall appoint a day for the taking of a fresh poll, in such polling station or stations, as the case may be, and fix the hours during which the poll shall be taken; and the votes cast earlier during the said election shall not be counted. (3) All the relevant provisions of the rules shall apply to every such fresh polls as they apply to the original poll. 31. Adjournment of Polls in emergencies:- (1) The Returning Officer, the Presiding Officer or the Election Commission may adjourn the poll in a sabha area or constituency at any time in case the poll is interrupted or obstructed by : (i) any riot or violence ; or (ii) a direct or indirect threat to the election process or conduct of poll; or (iii) an action of snatching or destroying the ballot papers; or (iv) any type of natural calamity; or (v) booth capturing at the polling station ; or (vi) any other sufficient reason to be recorded in writing. 11 (2) Whenever the polling is adjourned in terms of the provisions, of sub-rule (1) the Returning Officer shall as soon as practicable, report the matter to the Election Commission who shall appoint a day for a fresh poll and shall fix the time at which such poll shall be held. 32. Cancellation of election programme and Death of contesting candidate:- (1) Subject to the provisions of Rule 31 the Election Commission, for reasons to be recorded in writing, may by an order, cancel the election programme at any time, before the commencement of the poll, if : (i) electors are threatened or prevented from exercising their franchise, in a free and fair manner. (ii) Candidates are threatened or prevented directly or indirectly not to contest the elections. (iii) there is any type of natural calamity ; (iv) death of any contesting candidate takes place or any corrupt practice. (v) on any reason beyond the control and adjustment and commence. (2) In case death of any contesting candidate takes place and such information has been received by the Returning Officer before the commencement of poll and on being satisfied about the death of candidate, the Returning Officer shall counter-mend the poll of that constituency immediately under intimation to the Election Commission. The Returning Officer shall commence the election process afresh provided no fresh nomination paper shall be entrained for the purpose of the election of said constituency. (3) Whenever an election programme is cancelled in terms of the provisions of sub-rule (1), the Election Commission shall frame a fresh election programme in respect of that Sabha area or constituency. 33. Counting of votes:-The Returning Officer shall under his direction and control hold counting of votes at such venue, time and date(s) as notified by the Election Commission in the presence of any candidate or his agent who may be present :- (a) Inspect and also allow an opportunity to candidates or their Election agent/counting agents to inspect the ballot-boxes and their seals to satisfy themselves that they are in order; (b) open the ballot box, after checking the mark or marks made on the box and the labels affixed, take out the ballot papers from the box and arrange them in convenient bundles, separating the ballot-papers which he deems valid from those he rejects; (c) allow the candidate and their agents who may be present, reasonable opportunity to inspect all ballot-papers, which in the opinion of the Returning Officer, are liable to be rejected but shall not allow them to handle those there or any other ballot-papers. The Returning Officer shall on every ballot-paper which is rejected, endorse the word “rejected” and record briefly on such ballot-paper the grounds for its rejection. A brief record shall be kept of the serial number of all the ballot-papers rejected. (d) Sort out the valid ballot-paper candidate wise and count the valid votes given to each candidate with the aid of persons appointed to assist in the counting of votes and declare the election of the candidate who is found to have obtained the largest number of valid 12 votes, or, if more than one member is to be elected for the Gram Panchayat, then the candidate who are found to have obtained the largest number of valid votes shall be declared to have been elected. 34. Counting of votes where these more than one polling station:- (1) In a Gram Sabha where there is more than one Polling Station, the Presiding Officer of each Polling Station shall, as soon as practicable, after the close of the poll, close the ballot-boxes used at the Polling Station in such manner as the Election Commission may direct and forward them to the Returning Officer. (2) When the ballot boxes used at all the Polling Stations, in his Sabha or Constituency area have been received the Returning Officer shall, as soon as practicable, follow the procedure prescribed in rule 33 for the counting of votes and the declaration of results: Provided that in case of Constituency of a Panchayat Samiti and Zila Parishad ballot-boxes from all the polling stations of a Constituency may be kept at a secured place and counting may be done on a day fixed for counting by the Returning Officer and at a place to be notified in advance : Provided further that separate Counting Staff will be deployed for counting and the candidate may also deploy one counting agent for each counting table and one more counting agent for the table of the Returning Officer. The counting will be done by the counting staff and at the end of the each round the result of counting shall be compiled. 35. Procedure in case of tie:- If, after the counting of votes is completed, votes polled by two candidates are equal, and the addition of one vote will entitle any of these candidates to be declared elected, the Returning Officer shall forth with decide between those candidates by draw of lots and proceed as if the candidate in whose favour the lot falls has received an additional votes. The decision of the Returning Officer in this regard shall be final. 36. Rejcetion of Ballot-papers:- A ballot-paper contained in a ballot box shall be rejected; if :- (a) it bears any mark other than prescribed by the Election Commission for marking the vote or writing or mark by which the voter can be identified; (b) it does not contain the distinguished mark. (c) the Returning Officer, is satisfied that the ballot-paper is spurious; (d) it has been so damaged or mutilated that its identity as a genuine ballot-paper cannot be established; (e) it has not been marked in favour of any candidate or has been marked in favour of more than one. (f) it has not been marked clearly as to in whose favour the vote is recorded. 37. Preparation of Return:- When the counting of votes has been completed and the result has been declared, the Returning officer, shall forthwith prepare a return containing the following, namely : (i) the names of contesting candidates; (ii) the number of valid votes obtained by each candidate; (iii) the name(s) of the candidate(s) declared to have been elected; 13 and shall forthwith forward a copy of the return to the Election Commission and to any other Officer authorised by it in this behalf and a certified copy containing names of the candidates declared elected may also be given to the elected candidates. 38. Forwarding of election papers:- The Returning Officer shall put the following election papers in separate covers on the outside of which shall be endorsed a description of their contents and after sealing them in a separate packets and store these in steel trunk in the Treasury or at a completely protected place. (a) the ballot-papers counted as valid; (b) the ballot-papers rejected as invalid; (c) the unissued ballot-papers; (d) the spilt ballot-papers; (e) the cancelled/returned ballot-papers; (f) the tendered votes list; (g) the list of challenged votes; (h) account of ballot-papers; (i) the marked copy of electoral roll. (j) tender, Ballot Papers, Ballot Paper accounts; (k) counter foil of ballot papers; and (I) any other relevant papers as prescribed by the Commission. 39. Custody of Election Papaers:- (1) The Returning Officer shall retain the packets of sealed documents as mentioned in rule 38 in secured place or as directed by the Election Commission, until the expiry of one year from the date of the election or till the conclusion of an election petition, if any is pending, whichever is later, and shall then, subject to any direction given by the Election Commission cause them to be destroyed. (2) A candidate may apply to the Returning Officer for inspection or supply of certified copies of any document relating to an election other than mentioned at (a) (b) (c) (d) (e) (f) and (g) in Rule 38 on payment of Rs. 5/- by means of adhesive Stamps and such certified copies shall be supplied in accordance with the procedure to be followed for similar application in respect of case dealt with by a Revenue Officer. 40. Penalty for contravention of the order of commission:- Penalty for contravention of any order regarding election matters issued by the Election Commission, shall be punishable with a fine of Rs. 200/- which shall be recovered as an areas of land revenue and his order shall be final. 41. Election expenses:-The Election Commission may fix expenses to be incurred by a candidate for any office which may vary from office to office and may also specify the proforma in which the expenditure statement will be submitted by the candidate to the Commission within one month of the declaration of the result. 14 42. Staff :- The Government may provide such staff and other administrative assistance to the Election Commission and the Election Tribunal as may be considered necessary. (i) The Government shall make available to the Election Commission such staff and administrative assistance as it may require for the performance of duties in connection with the preparation or revision of Electoral Roll and for conducting the election in respect of Panchayat. (ii) Such staff shall work under the direction of the Election Commission and shall be in its disciplinary control till the Electoral Roll is prepared or completion of election process, as the case may be. 43. Election of Representatives of Sarpanches:- As soon as notification under Section 209 of the Punjab Panchayati Raj Act, 1994 as extended to the Union Territory, Chandigarh, is isued by the Government to hold the election of the members of the Panchayat Samiti, the Director of Panchayats, Union Territory, Chandigarh, shall initiate the process of the preparation of such list which shall contain the names and addresses of the Sarpanches of the Gram Panchayats falling under the jurisdiction of a Panchayat Samiti and shall publish it by pasting the names at some conspicuous places in his office, the office of the Panchayat Samiti concerned and the Sub-Divisional Magistrate : (a) Any Sarpanch whose name has not been included in the list may file a claim with the Director of Panchayats, U.T., Chandigarh, for inclusion of his name within three days of the publication of the list. (b) Any elector from the concerned Panchayat Samiti may file any objection with the concerned Director of Panchayats, U.T., Chandigarh, regarding inclusion of any name of person who is not a Sarpanch. (2) The concerned Director of Panchayat, U.T., Chandigarh shall summon such objector and may dispose of claim or objection after summary inquiry within three days from the receipt of the claim or objection and publish the final list in the manner given under sub-rule (1) : Provided that any clerical or printing error may be rectified by the Director of Panchayat, U.T., Chandigarh at any time thereafter. 44. Appointment of Returing Officer:- (1) The Election Commission may appoint Returning Officer for conduct of such election as prescribed in these rules. (2) The Election Commission shall fix a schedule of election of representative from and by Sarpanches of Gram Panchayats as specified in clause (b) of the sub-section (1) of Section 99 of the Punjab Panchayati Raj Act, 1994 as extended to the Union Territory, Chandigarh and hold election to elect the representatives of the Sarpanches in accordance with the provisions of these rules as far as practicable. (3) The election of representatives of the Sarpanches of every Panchayat Samiti shall be notified by the Government. 45. Election of Chairman of Panchayat samiti and Zila Parishad :- (1) After the election of directly elected members and representatives of Sarpanches in case of Panchayat is notified by the Government and the above member have taken the oath of affirmation under Section 104 of the Punjab Panchayati Raj Act, 1994 as extended to the Union Territory, Chandigarh, the Deputy Commissioner or any other officer appointed by him in this behalf, not below the rank of Extra Assistant Commissioner shall call a meeting as laid down under Section 105 and 168 of the Punjab Panchayati Raj Act, 1994 as extended to the Union Territory, Chandigarh, after giving seven days’ notice in Form-XI to such members to elect Chairman and 15 Vice-Chairman of the Panchayat Samiti or Zila Parishad, as the case may be, in separate meeting in accordance with the provisions of these rules: Provided that where the seat of Chairman and Vice-Chairman of the Panchayat Samiti or Zila Parishad, as the case may be, is reserved for Scheduled Castes or Women, the proposer or seconder shall propose or second the name of the persons belonging to such reserved categories only. (2) Two-thirds of the total number of members shall constitute a quorum. (3) If at the first meeting there be no quorum as specified in sub-rule (2), the Presiding Officer shall adjourn the meeting. (4) When a meeting is adjourned under sub-rule (3), another meeting shall be convened by the Presiding Officer by giving not less than twenty four hours’ notice to the members. (5) No quorum shall be necessary for the second meeting. (6) As soon as the members have assembled at the appointed time and place, the Presiding Officer shall call upon the members present to propose candidates for the two offices and every proposal shall also be seconded by a member. The names of the candidates, their proposers and seconders shall be recorded in Form-XII and read out by the Presiding Officer to the members present. (7) If there are two or more such candidates for the seat of Chairman and Vice-Chairman the votes of the members present at the meeting shall be taken by the ballot in Form-XIII. The copy of the result of the election in respect of Chairman and Vice-Chairman of Panchayat Samiti or Zila Parishad, as the case may be, shall be immediately sent by the concerned officer to the Election Commission and the Government and a certified copy of the result may also be given to the elected candidate. 46. Powers of Election Commission to issue instructions:- The Commission may from time to time issue instructions to carry out the preparation of electoral rolls and conduct of election. The instructions so issued by the Commission shall be complied with by the concerned officer and officials. 47. Final Authority for the interpretation of rules:- (1) If any question arises regarding the interpretation of the rules otherwise than in connection with an election petition which has actually been presented, it shall be referred by the person interested or the official concerned to the Government whose decision shall be final. (2) In case any doubt over interpretation of any of these rules arises or if any procedure which has not been prescribed in detail in these rules and become necessary to determine for conduct of election, the explanation and procedure as such given in Representation of Peoples Act, 1951 and rules framed thereunder on that question/subject shall be so construed or followed, as the case may be. 47-A. **Setting up of Election Tribunal:- (1) An Election Tribunal for the Union Territory, Chandigarh, shall be constituted by the Government (Administrator). (2) The Government shall, by notification in the Official Gazette, appoint an IAS or Class I Officer of the Government having adequate administrative, legal or magisterial experience, as the Presiding Officer of the Election Tribunal. **Incorporated,--vide amendement-Notification No. 843-UTFII(8)-96/3217, dated 7th March, 1996. 16 48. (1) No election shall be called in question except by an Election Petition presented to the Election Tribunal within fifteen days from the date of the publication of the result of the election. (2) An election petition calling in question any election may be presented on the ground specified in sub-rule (1) of rule 49 by an candidate at such election. (3) A petitioner shall join as respondents to his petition all the candidates at the election. 49. Contents of Petition :- (1) an election petition :- (a) shall contain a concise statement of the material facts on which the petitioner relies; (c) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the verification of pleadings. (2) Subject to the provisions of sub-rule (3) if the Tribunal is of opinion :- (a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as such under this Act, or (b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agents, or (c) that any nomination paper has been improperly rejected, or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected :- (i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed in the interest of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent, or (iii) by the improper acceptance or refusal of any vote or reception of any vote which is void, or (iv) by the non-compliance with the provisions of the Act or of any rules or orders made thereunder. the Tribunal shall declare the election of the returned candidate to be void. (3) If in the opinion of the Tribunal, a returned candidate has been guilty by an agent of any corrupt practice, but the Tribunal is satisfied :- (a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate; 17 (b) that the candidate took all reasonable means for preventing the Commission of corrupt practices at the election; and (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents. then, the Tribunal may decide that the election of the returned candidate is not void. 49-A.** Procedure before the Election Tribunal :– (1)Subject to the provisions of this Act and of the rules made thereunder, every election petition shall be tried by the Election Tribunal, as nearly as may be, in accordance with the procedure contained in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) to the trial of suits : Provided that the Election Tribunal shall have the discretion to refuse, for reasons to be recorded, in writing, to examine any witness or witnesses, if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the election petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings of the election petition. (2) The provisions of the Indian Evidence Act, 1872 (Central Act 1 of 1872) shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition. 49-B. Decision of the Election Tribunal :- At the conclusion of the trial of an election petition, the Election Tribunal may make an order for - - (a) dismissing the election petition; or (b) declaring the election of all or any of the returned candidates to be void; or (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected. 49-C. Other orders to be made by the Election Tribunal :- (1) Where any charge is made in the petition of any corrupt practice having been committed at the election, the Election Tribunal shall also make an order at the time of making an order under rule 49-B indicating, - - (i) Whether any corrupt practice has or has not been proved to have been committed at the election, and the nature of that corrupt practice ; (ii) the names of all persons, who have been proved at the trial to have been guilty of any corrupt practice; and (iii) the total amount of costs payable and specifying the persons by whom these costs shall be paid and the persons to whom these costs shall be paid:

Provided that a person who is not a party to the petition, shall not be named in the order under sub-clause (ii) unless, - - (a) he has been given notice to appear before the Election Tribunal and to show cause why he should not be so named; and ** In corporated,--vide amendement Notification No. 843-UTFII(8)-96/3217, dated 7th March, 1996. 18 (b) if he appears in pursuance of the notice, he has been given an opportunity of cross- examining any witness, who has already been examined by the Election Tribunal and has given evidence against him, of calling evidence in his defence and of being heard. 49-D Grounds for declaring election to be void:- (1) Subject to the provisions of sub-rule (2), if the Election Tribunal is of the opinion, - - (a) that on the date of his election, a returned candidate was not qualified, or was disqualified to be chosen to fill the seat under the Constitution of India or under these rules; or (b) that any corrupt practice has been committed by a returned candidate or his election agent or by other person with the consent of a returned candidate or his election agent; or (c) that any nomination has been improperly rejected; or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected, - (i) by the improper acceptance of any nomination ; or (ii) by any corrupt practice committed in the interest of the returned candidate by an agent other than this election agent; or (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or (iv) by any non-compliance with the provisions of the Constitution of India or of this Act or of any rules or orders made under this Act; the Election Tribunal shall declare the election of the returned candidate to be void. (2) If in the opinion of the Election Tribunal, a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice, but the Election Tribunal is satisfied :- (a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate or his election agent; (b) that the candidate and his election agent took all reasonable means for preventing the Commission of corrupt practice at the election; and (c) that in all other respects, the election was free from any corrupt practice on the part of the candidate or any of his agent; then the Election Tribunal may decide that the election of the returned candidate is not void. 49-E. Grounds for which a candidate other than the returned candidate may be declared to have been elected :- If any person who has filed an election petition has in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Election Tribunal is of the opinion :- (a) that in fact the petitioner or such other candidate received a majority of the valid votes ; or 19 (b) that but for the votes obtained by the returned candidate by corrupt practices, the petitioner or such other candidate would have obtained a majority of the valid votes; the Election Tribunal shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected. 49-F. Procedure in case of an equality of votes :- If during the trial of an election petition, it appears that there is an equality of votes between any candidate at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, – (a) any decision made by the Returning Officer under the provisions of this Act shall in so far as it determines the question between these candidates, be effective also for the purposes of the final decision of the election petition; and (b) if that question is not determined by such a decision, the Election Tribunal shall decide between them by lot and proceed as if the one on whom the lot then falls, has received an additional vote. 49-G. Communication of orders of the Tribunal :- The Election Tribunal shall, as soon as may be, after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission and as soon as may be thereafter, shall forward to the Election Commission an authenticated copy of the decision. 49-H. Transmission of order to the prescribed authority etc. and its publication :– As soon as may be, after the receipt of any order made by the Election Tribunal under rule 49-B or 49-C, the Election Commission shall forward copies of the order to the prescribed authority and shall cause the order to be published in the Official Gazette. 49-I. Effect of orders of the Tribunal :- (1) Subject to the provisions contained in rule 49-K relating to the stay of operation of an order of the Election tribunal, every such order shall take effect as soon as it is pronounced by the Election Tribunal. (2) Where by an order under rule 49-B, the election of a returned candidate is declared to be void, acts and proceedings in which that candidate has, participated as a member of a panchayat or a Municipality before the date of such declaration shall not be invalidated by reasons of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation. 49-J. Appeal to High Court :- (1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the High Court on any question whether it pertains to law or fact from every order made by an Election Tribunal under rule 49-B or rule 49-C. (2) An appeal under sub-rule (1) above shall be preferred, within a period or thirty days from the date of the order of the Election Tribunal passed under rule 49-B or rule 49-C : Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period. 20 49-K. Application for stay of operation of order :- (1) An application may be made to the Election Tribunal for stay of operation of an order made by it under rule 49-B or rule 49-C before the expiry of the period allowed for appealing therefrom and the Election Tribunal may, on sufficient cause being shown and on such terms and conditions, as it may think fit, stay the operation of the order, but no application for stay shall be made to the Election Tribunal after an appeal has been preferred to the High Court. (2) Where an appeal has been preferred against an order made under rule 49-B or rule 49-C, the High Court may, on sufficient cause being shown and on such terms and conditions, as it may think fit, stay the operation of the order appealed from. (3) When the operation of an order is stayed by the Election Tribunal or, as the case may be, by the High Court, the order shall be deemed never to have taken effect under sub-rule (1) of rule 49-I and a copy of the stay order shall immediately be sent by the Election Tribunal or, as the case may be, by the High Court, to the Election Commission. 49-L. Procedure in appeal :- (1) Subject to the provisions of these rules, every appeal against any order of the Election Tribunal, shall be heard and decided by the High Court as nearly as may be in accordance with the procedure applicable to the hearing and decision of an appeal from any final order passed by a court subordinate to the High Court in the exercise of its original civil jurisdiction and all the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) and Rules and Orders of the High Court (including provisions as to the furnishing of security and the execution of any order of the court), shall so far as may be, apply in relation to such appeal. (2) As soon as an appeal is decided the High Court shall intimate the substance of the decision to the Election Commission and as soon as may be thereafter, shall send to the Election Commission an authenticated copy of the decision. (3) On the receipt of the decision, the Election Commission shall :- (a) forward copies, thereof to the authorities to which copies of the order of the Election Tribunal were forwarded under rule 49-C; and (b) Cause the decision to be published in the Official Gazette. 49-M. Payment of costs out of security deposits and return of such deposits :– (1) If in any order as to costs under the provisions of rule 50, there is a direction for payment of costs by any party to any person, such costs shall, if these have not already been paid, be paid in full, or so far as possible, out of the security deposits and the further security deposit, if any, made by such party under rule 50 on an application made in writing in that behalf, within a period of one year from the date of such order, to the Election Tribunal by the person in whose favour the costs have been awarded. (2) If there is any balance of the security deposits referred to in sub-rule (1), is left after making payment of the costs referred to in that sub-rule, such balance or where no costs have been awarded or no application, as aforesaid has been made within the said period of one year, the whole of the said security deposits, may, on an application made in that behalf in writing to the Election Tribunal by the person by whom the deposits have been made, or if such person dies after making such deposits by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be. 49-N. Execution of orders as to costs :- Any order as to costs under the provisions of these rules may be produced before a court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or of business, and such court shall execute the order or cause the same to the executed in the same manner and by the same procedure, as if it were a decree for the payment of money made by itself in a suit : 21 Provided that where any such costs or any portion thereof can be recovered by an application made under sub-rule (1) of rule 49-M, no application shall lie under this rule within a period of one year from the date of such order unless it is for any recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-rule owing to the insufficiency of the amount of security deposits referred to in that sub-rule. 50. Deposit to be made:- (1) At the time of, or before, presenting an election petition, the petitioner or petitioners shall deposit in the treasury a sum of rupees two hundred towards security. (2) If the petitioner by whom the deposit referred to in sub-rule (1) withdraws his election petition, and in any other case, after, final orders have been passed on the election petition, the deposit shall, after such amount as may be ordered to be paid as costs, charges and expenses has been deducted, be returned to the Petitioner by whom it was made, and if the petitioner dies during the course of the enquiry into the election petition, any such deposit if made by him, shall after the amount of such costs as may be ordered to be paid, have been deducted, be returned to his legal heirs. (3) All applications for the refund of a deposit shall be made to the Election Tribunal who shall pass orders thereon in accordance with these rules. 51. Petitions to be dismissed for non-compliance of rules :- If any of the provisions of rules 49 and 50 has not been complied with, the Election Tribunal may pass an order dismissing the election petition and such order shall be final. 52. Withdrawal of Petitions:- An election petition may be withdrawn only by leave of the Election Tribunal. 53. The following sets of rules are hereby repealed, namely:- Repeal. 1) The Punjab Gram Panchayat Election Rules, 1960 ; 2) The Punjab Panchayat Samitis (Primary Members) Election Rules, 1961; 3) The Punjab Panchayat Samitis Co-option of Members Rules, 1961; 4) The Punjab Panchayat Samitis and Zila Parishads Election of Members Rules, 1961; 5) The Punjab Zila Parishad (Co-option of members) Rules, 1961; and 6) The Punjab Panchayat Samitis and Zila Parishads (Chairman and Vice-Chairman) Rules, 1961; as applicable in the Union Territory of Chandigarh. Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules. 22 FORM IV (See Rule 7) PUBLIC NOTICE OF ELECTION Notice is hereby given that :-- (1) an election is to be held on ………………………………………………………………………… 2) Forms of nomination paper may be obtained at the offices of the officers specified in paragraph 6 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 proposer to any of the officers specified in paragraph (6) at his office on any day other than public holiday and not later than the …………………. day of …………………… ; 4) the nomination papers will be taken up for scrutiny at ………………… (hour) on ………………. (date) at ……………………………. (place) ; 5) Notice of withdrawal of candidates may be delivered by a candidate or his proposer or his election agent to and any one of the officers specified in paragraph (6) of at his office before 3 in the afternoon on ……………………………….. ; 6) nomination papers and notices of withdrawal may be delivered to the* …………………………. …….. at his office ; 7) in the event of the election being contested, the poll will take place on …………………..between the hours of ………………………………. and ……………………. Returning officer Date ……………… …….…………….. Ward. Place * Here insert the name and designation of the Officer(s) to whom and the place at which the nomination papers and notice of withdrawal are to be delivered. 23 FORM V (See Rule 9) NOMINATION PAPER Name of Gram Sabha/Constituency area ………………………………………...…………………………. Name of Office ……………………………………………………………………………..………………. Name of the candidate ……………………………………………………………………………………… Father’s/husband’s/mother’s name ……………………………………………………………………......... Age ………………………………………………………………..…………………………………............ Sex ……………………………………………………………………………...…………………………... Occupation ………………………………………………………………………………………………….. Address…………………………………………………………………………………………………….... ………………………………………………………………………………………………………………. Whether the candidate is a member of the Scheduled Castes, the particular caste to which the candidate belongs ……………………………………………………………………………………………………… ………………………………………………………………………………………………………………. Serial Number of the candidate on the electoral roll pertaining to the Gram Sabha/Constituency area is …………………………………………………………………………………..…………………… …………………………………………………….in Part No……………..……………………………….. Name of the Proposer ………………………………………...……………………………………. Serial Number of the Proposer on the electoral roll pertaining to the Gram Sabha/Constituency area ………………………………………………………………………………………………………….. ……………………………………………………in Part No…………………………….………………… (Signature of the Proposer) Name of the Seconder …………………...………………………………………………………………….. Serial Number of the Seconder on the electoral roll pertaining to the Gram Sabha/Constituency area ………………………………………………in Part No……………………………………………………. (Singature of the Seconder) (To be filled by the Returning officer after the nomination paper has been delivered to him) 24 FORM V-A DECLARATION BY CANDIDATE I hereby declare that I agree to this nomination. (Signature of Candidate) ………………………… DECLARATION BY A CANDIDATE WHO IS A MEMBER OF SCHEDULED CASTES I Male/Female do hereby declare that I am a member of the _________________________ caste which has been recognised as Scheduled Caste/Backward Class, for the Union Territory of Chandigarh. (Signature of the Candidate) ………………………… Date : _______________ UNDERTAKING BY A CANDIDATE WHO IS A MEMBER OF PARLIAMENT I hereby undertake to resign the membership of Parliament if elected as Sarpanch or Panch of Gram Panchayat or member of Panchayat Samiti and Zila Parishad as the case may be, before taking the oath under section 13, 104 and 167 of the Punjab Panchayati Raj Act, 1994 as extended to the Union Territory, Chandigarh. (Signature of the Candidate) ………………………… Dated : ___________________ 25 (To be filled in by Returning Officer) Serial No…………………. This nomination paper was delivered to me at my office at …………………………….. (date and hour)………………………………………. Date…………………….. CERTIFICATE OF SCRUTINY I have scrutinised the eligibility of the candidate and find that he is eligible to contest the election, and I, therefore, accept the nomination ………………………………………………..………….. …………………………………………………………………………………………….………………… OR (ii) I have scrutinised this nomination and reject it for the following reasons ………………………………………………………………………………………………………………. Signature of Officer Scrutinising the nomination paper The symbol assigned to the candidate ……………………………………… Signature of Returning Officer 26 FORM V-B (See Rule 11) NOTICE FOR WITHDRAWAL OF CANDIDATURE I ____________________________________________________________ resident of Village __________________________________________ Block ______________________________ District ________________________________________ do hereby give notice to withdraw my candidature from the office of member/Panchayat Samiti/Gram Panchayat/Zila Parishad _________________________________________________________. Signature of the candidate Date and Time To The Returning Officer Order of the Returning Officer. Signature of Returning Officer. 27 FORM VI (See Rule 13) List of contesting candidates for Election of __________________________________________ ____________________________________________________________________________________ Election of Sarpanch/Panches of Gram Panchayat/Member of Panchayat Samiti/Zila Parishad ____________________________________________________________________________________ Sr. Name of Candidate Address of Candidate Whether SC, Symbol No. ST/Woman Allotted 1 2 3 4 5 ____________________________________________________________________________________ Signature of Returning officer 28 FORM VII [See Rule 22 (1)(d)] To The Returning Officer, Gram Panchayat/Panchayat Samiti/ Zila Parishad Election ___________ Block ___________________ District ________________ Subject : Supply of Ballot-Paper for Polling by post. Sir, I, ____________________________________ S/o ______________________________ Age ______________________ is resident of Village ________________________________________ of Gram Sabha/Panchayat Samiti/Zila Parishad ______________________________________________ __________________ is scheduled to take place on __________________________________________ I being elector of the said Gram Panchayat/Panchayat Samiti/Zila Parishad intend to cast my vote by post. Kindly supply me a ballot paper to enable me to cast my vote. Yours faithfully, Name _______________________________ S/o _________________________________ Village ______________________________ Block _______________________________ District______________________________ Dated : 29 FORM VIII [See Sub-Rule (2) of rule 25] Tendered votes list for the election of _______________________________________________ Name of the Gram Sabha/Constituency_____________________________________________________ Polling Station ________________________________________________________________________ Sr. Name of Voter Number in Electoral roll Signature of Voter, if literate No. or thumb impression, if illiterate with his address. Signature of Presiding Officer Dated : 30 FORM IX [See Rule 26] Challenged Votes List for the election of _____________________________________________ Polling Station ________________________________________________________________ Signature Sheet No. _____________________________________________________________ Name of Number Name and Signature of Name of Name of Order of Gram Sabha on address Voter or identifier, if challenger Presiding Constituency electoral thumb any Officer in roll impression if each case. voter, is illiterate Signature of Presiding Officer Dated : __________________ 31 FORM X [See Rule 33 (2) e] Challenged Votes List for the election of _____________________________________________ Polling Station ________________________________________________________________ Signature Sheet No. _____________________________________________________________ Name of Number Name and Signature of Name of Name of Order of Gram Sabha on address Voter or identifier, if challenger Presiding Constituency electoral thumb any Officer in roll impression if each case. voter, is illiterate Signature of Presiding Officer Dated : __________________ 32 FORM XI [See Rule 45 (1)] Notice is hereby given to Shri _____________________________________________________ Member of Panchayat Samiti/Zila Parishad ____________________________________that a special meeting of the Panchayat Samiti/Zila Parishad will be held at ________________________(time) on ___________________ (date) __________________________ at its office for the election of the Chairman and Vice-Chairman. The members are requested to make its convenient to attend the meeting. Signature ______________________ Designation ____________________ (SEAL) 33 FORM XII [See sub-rule 45 (3)] Election of Chairman and Vice-Chairman of Panchayat Samiti Zila Parishad 1. Name of District 2. Name of Panchayat Samiti Zila Parishad 3. Place of meeting 4. Date and hour of meeting 5. Names of candidates proposed for Chairman with names of their Proposers and Seconders. Sr. Name of the Name of Proposer Name of Seconder If candidate has No. candidate withdrawn note fact and take candidates Signature or thumb-mark 1) 2) 3) Names of the candidates for Vice-Chairman and their Proposers and Seconders Sr. Name of the Name of Proposer Name of Seconder If candidate has No. candidate withdrawn note fact and take candidates Signature or thumb-impression 1) 2) 3) Signature of the Presiding Officer Date: _____________ 34 FORM XIII PART I- Ballot Paper Account (See rele 45 (7)) Election to the ……………………………………………………………………………………… Number and name of polling station……………………………………………………………….. Serial Numbers Total Numbers 1. Ballot papers received 2. Ballot paper not used 3. Ballot paper Issued to voters 4. Ballot paper cancelled 5. Number of tendered votes cast at the polling station Singnature of Presiding Officer Dated…………………… 35 PART II – Result of Counting Name of candidate Number of valid votes cast 1…………………………………………………... 2…………………………………………………... 3…………………………………………………... 4…………………………………………………... 5…………………………………………………... etc.………………………………………………... Rejected ballot papers…………………………………. ____________________________________________________________________________________ Total No. of ballot papers found In the Ballot box (es)…………………………………... ____________________________________________________________________________________ Date _______________ Signature of the counting Supervisor…………………………….. Signature of the Returning Officer…………………………………. __________ A.R. Talwar, Finance Secretary, Chandigarh Administration. 36