PLANNING DEPARTMENT

Mantralaya, Mumbai 400 032, dated the 22nd July, 1999 NOTIFICATION MAHARASHTRA DISTRICT PLANNING COMMITTEE5 [CONSTITUTION AND FUNCTION] ACT, 1998.

No. DPC-1098/CR-93/D 1444 -- In exercise of the powers conferred by section 13 read with clause (c) of para III of sub-section (3) of section 3 of the Maharashtra District Planning Committees (Constitution and Functions) Act, 1998 (Mah. XXIV of 1998) and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules :-

PART I
1. Short, title, extent and Commencement.-(1) These rules may be called the Maharashtra District Planning Committee (Election) Rules, 1999. (2) They shall extend to the whole of the State of Maharashtra excluding the Scheduled Areas declared by the President of India from time to time, in exercise of the powers conferred by Pararaph 6 of the Fifth Schedule to the Constitution of India. (3) These rules shall come into force on such date as State Government may by notification in the Official Gazette, appoint. 2. Definitions.(1) In these rules, unless the context otherwise requires : (a) Act means the Maharashtra District Planning Committees (Constitution and Functions) Act, 1998;
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(c) Election means an election to a District Planning Committee and includes any by-election; (d) Form means a Form appended to these rules; (e) List of Voters means the list of elected 2 [members] of the (i) Zilla Parishad, for rural constituency; (ii) Nagar Panchayat, for transitional area constituency; (iii) Municipal Council for smaller urban area constituency; and (iv) Municipal Corporation for larger urban area constituency. (f) Public holiday means any day which is a public holiday for the purpcse of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881) or any day which is declared by the State to be a holiday for offices in the State or any part thereof; (g) Reserved Seat means a seat reserved for the members be1onging to the scheduled castes, scheduled tribes, Backward class of citizen and women; ------------------------------------------------------------------------------------------------------------------1.Clause (b) ommitted by Notifn.No.JNS1099/CR72/D.1444 dated the 5 th May 2000 . 2.Subs. by Notifn.No.JNS2000/CR72/D.1444 dated the 9 th April 2007 .

(h) Returning Officer means the Returning Officer appointed under rule 7 and includes the Assistant Returning Officer appointed under rule 8;

(I) Section means a section of the Act; (2) Words and expressions used in these rules, but not defined. shall have the same meanings as assigned to them under Parts IX and IX A of the Constitution of India or under the Act. 3. Constituencies of the District Planning Cornmittee.-(1) For the purpose of electing the members of the District Planning Committee, the area of the District shall be divided into the following constituencies:(a) rural area constituency; (b) transitional area constituency; (c) smaller urban area constituency; and (d) larger urban area constituency. (2) The total number of members to be elected from each constituency shall be determined by the Collector in proportion of the rural as well as the urban population in the District, as a whole and, in each constituency. (3) The Collector shall, in consultation with the State Government, allot the seats to be reserved in each constituency in the manner provided in Section 4 of the Act. Explanation.For the purpose of this rule, the fraction of one half or more of a seat shall be counted as one and the fraction of less than one half shall be ignored. 4. Election to be conducted under the supervision and control of the Collector. The elections to the District Planning Committees shall be conducted under the direction, superintendence and control of the Collector. 5. Preparation of List of Voters.(1) For the purpose of electing the members of the District Planning Committee under clause (a) of Paragraph (III) of sub-section (3) of section 3 of the Act, the Collector shall call upon the Chief Executive Officer of the Zilla Parishad, the Chief Officer of the Municipal Councils and of the Nagar Panchayat, if any, and the Commissioners of the Municipal Corporations in the District, to furnish to him 1 [in form I] a list of the elected 2[members] of respective local authorities before the date specified in that behalf by him, (2) On receipt of such list, the Collector shall prepare a voters list separately for each constituency in Marathi and every such list shall be published on the notice board of the office of the Collector, and respective office of the Zilla :Parishad, the Municipal Councils, Nagar Panchayats and Municipal Corporations in the District. Any objections or ommissions or error may be brought to the notice of the Collector 3 [within three days from the publication of voters list] and such ommissions or error shall be duly corrected by the collector on verification of record. The decision of the Collector shall be final. (3) The final list as prepared under sub-rule (2) shall be republished in the like manner and shall remain in force as the list of voters for the purpose of any bye-election, until it is revised by the Collector. --------------------------------------------------------------------------------------------------------------1.Ins. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 . 2.Subs. by Notifn.No.JNS2000/CR72/D.1444 dated the 9 th April 2007 . 3.Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000

[Provided that, if in any constituency, a post has been filled in by way of general election or bye-election, the name of such elected member shall be entered in the list of

voters before the final date of presentation of nomination papers. ]. 2 [(4) Notwithstanding anything contained in this rule,the Collector may by general or special order alter all or any of the dates prescribed therein and appoint the revised dates. ] 6. Voters list to be conclusive.Subject to any disqualification incurred by a person, the voters list published finally under sub-rule 3 of rule 5 shall be conclusive evidence of the voters right to vote, or as the case may be, his right to be elected at any election. 7. Appointment of Returning Officer.The Collector shall appoint an officer not below the rank of Additional Collector to be the Returning Officer for the purpose of the election to the District Planning Committee. 8. Appointment of Assistant Returning Officer.(1) The Collector shall appoint an officer, not below the rank of Assistant Collector 2[or Deputy Collector] to be Assistant Returning Officer, for each constituency. (2) Every Assistant Returning Officer shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer: Provided that, no Assistant Returning Officer shall perform any of the functions of the Returning Officer which relates to the scrutiny of nomination papers unless the Returning Officer is, due to unavoidable reasons, prevented from performing the said function, (3) Subject to the provisions of sub-rule (2) reference in these rules to the Returning Officer, shall, unless the context otherwise requires, be deemed to include an Assistant Returning Officer. 9. 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 effectually conducting the election in the manner provided by and under these rules. 2 [10. Polling Station..The Returning Officer shall provide a sufficient number of polling stations for each constituency at such places as may be convenient to conduct fair elections.The Returning Officer shall decide the number of voters to be attached to each polling station. The list of polling stations shall be displayed on the notice board of the respective offices at least seven days before the date of poll.] Provided that, Collector may, at his discretion, specify the number of polling stations. 11. Appointment of Presiding Officers and Polling Officers.(1) The Returning Officer shall appoint a Government employee as a Presiding Officer for each polling station and such number of Polling Officers to assist the Presiding Officer, as may be deemed necessary: Provided that, if a Polling Officer is absent from the polling station, the Presiding Officer may appoint any other person as a Polling Officer.3 * * * (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. ------------------------------------------------------------------------------------------------------------------1. Ins. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000. 2. Ins. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . 3. Certain words ommited by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.

(3) If the Presiding Officer, owing to illness, unavoidable cause, is absent, his functions at the polling station shall be performed by such officer as may be authorised by the Returning Officer. 12. General duty of Presiding Officer and Polling Officer. (1) It shall be the general duty of the Presiding Officer at a polling station to keep order thereat and to see that the poll is fairly taken. (2) It shall be the duty of the Polling Officer at each polling station to assist the Presiding Officer at such polling station in the performance of his functions. 13. Appointment of dates, etc. for various stages of an election. (1) The Collector shall, in consultation with the State Government, notify the date of election to the District Planning Committee in FORM 1 (A). 1 [(2) The Collector, in consuatation with the State Government, shall finalise the election programme not earlier than 30 days from the date of publication of the final list of voters in the following manner :(i) The last date for filing of nominations, (ii) The date of publication of nominations. (iii) Date of scrutiny of nominations. (iv) Date of publication of the list of valid nominations, (v) If nomination is rejected, period for appeal to Collector. (vi) Period for final decision on appeal by the Collector. (vii) The date of publication of the list of valid nominations after an appeal. (viii) Date by which candidature may be withdrawn. (ix) Date of publication of final list of contesting candidates. (x) Date on which and the time during which if necessary poll shall be taken. 7 days from the date of order of the Returning Officer As and when received, till the last date fixed for filing nominations Not later than 2 days, after the last date for filing nominations Next day after the scrutiny of nominations. Within a period of 3 days from the date of rejection of nomination Within 3 days from the date of receipt of appeal. Not later than 2 days from the decision on an appeal. The day next succeeding the date fixed for publlcation of list of valid nominations after an appeal is decided. The day next succeeding the last date fixed for withdrawal of candidatures. Fifteenth day from the date of publication of the final list of contesting candidates and time as diceded by the Collector. The second or third day from the date on which the poll is taken place and the place of counting as decided by the Collector. Immediately after counting of votes.]

(xi) Date and time and place of counting of votes,

xii) Date of declaration of the results of voting,

Explanation.- If the last date in reckoning dates as specified in the above cases is a public holiday, the next succeeding working day shall be fixed for the respective events. ---------------------------------------------------------------------------------------------------------------

1. Ins. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .

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[ (3) If the Collector is of the opinion that it is necessary in public interest to modify the election programme and there is no sufficient time for consultation with the State Government, the Collector may modify the election programme, after recording the reasons in writing therefor. In every such case the Collector shall forthwith send the copy of the modified election programme to the State Government. ] 2 14. Manner of Publication of 2[election programme] under rule 13. [The Returning Officer shall publish the election programme. A copy thereof ] (a) shall be pasted on the notice boards of the offices of the Collector, the Returning Officer, Municipalities, and the Zilla Parishads respectively. (b) shall be published at least in daily local news paper in Marathi having wide circulation in the area of operation of Zilla Parishad and the Municipalities. 15. Nomination of candidates,(1) A person may be nominated as a candidate, for election, if he is qualified to be chosen to fill that seat under the provisions of the Act, and his name is entered in the final list of voters. (2) Every nomination paper presented under rule 13 shall be in FORM II: 3 [Provided that, a failure to complete, or a defect in completing, the declaration in a nomination paper shall be deemed to be a defect of a substantial character. ] (3) A nomination paper shall be supplied by the Returning Officer to any voter on demand. 16. Presentation of nomination paper and requirements for valid nomination. (1) On or before the date appointed under sub-rule (1) of rule 13, each candidate shall, either in person or by his proposer, deliver to the Returning Officer during the time and at the place specified in the 2[election programme] made under the said rule, his nomination paper properly filled and signed by the candidate and 2[ by the proposer.] (2) Any person who is not subject to any disqualification as a voter under the Act, or these rules and whose name is entered in the list of voters for the constituency for which the candidate is to be nominated, may subscribe as proposer 2[for more than one candidate.] (3) In the case of a reserved seat, a candidate qualified to contest the election to such seat, should produce certificate from the respective Authority certifying that he is elected to the respective body against the reserved seat. (Authority - Chief Executive Officer of the Zilla Parishad or Chief Officer of the Municipality, or the Nagar Panchayat and Commissioner of the Municipal Corporation.) 4 [(3A) If a person belonging to a reserved category has been elected from the general category, and if such person submits a certificate of 2{general} category from the Competent Authority at the time of presenting a nomination, then the nomination paper of such person shall be treated as valid for 2{the general category}. ] (4) On the presentation of a nomination paper,the Returning Officer shall satisfy himself that the names and the numbers of the candidate and his proposer 5*** as entered in the nomination paper are the same as those entered in the list of voters referred to in rule 5(3). -------------------------------------------------------------------------------------------------------------------

1. Ins. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . 2. Subs. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007. 3. Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 . 4. Ins. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 . 5. The word "and seconder" ommited by Notifn.No.DPC1007/CR22/D.1444 dated the ------------------

(5) The Returning Officer may condone any clerical or technical errorin 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 list of voters, and where necessary, any minor clerical or printing error in the said entries may be condoned.
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18. Notice of date of scrutiny of nomination papers and time and place for scrutiny.--The Returning Officer shall on receiving the nomination paper under rule 16 in Form-II, acknowledge the receipt thereof in FORM II A and inform the person or persons delivering the same, of the day, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper, its serial number and shall sign thereon, 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 some conspicuous place in his office, a notice of the nomination containing description similar to those contained in the nomination paper, both of the candidate and of the proposer. 2 [The Returning Officer shall also cause to be affixed in Form IIA(1)3{ a list of candidates category-wise as per the provisions of rule 55} who have submitted nomination forms for contesting the election to each of the constituencies of the District Planning Committee.] 19. Scrutiny of nomination papers.(1) On the date fixed for the scrutiny of nomination papers under rule 13, the candidates, their election agents, one proposer of each candidate and one other person duly authorised in writing by each candidate, may attend at the time and place appointed in this behalf under rule 13, and the Returning Officer shall give them reasonable facilities for examining the nomination papers of all candidates which have been delivered as required by rule 16. (2) The Returning Officer shall then examine the nomination papers and shall decide all the objections which may be received in respect of any nomination and may, either on such objection or on his own motion, after such summary inquiry, as he considers necessary, reject any nomination on any of the following grounds, that is to say (a) that the candidate is disqualified for being chosen to fill the seat by or under the Act; (b) that the proposer is disqualified from subscribing a nomination paper; (c) that there has been a failure to comply with any cf the prcvisions of rule 16 ; (d) that the signature of the candidate or the proposer on the nonination 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 paper 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.

----------------------------------------------------------------------------------------------------------------1.Rule 17 ommitted by Notifn.No.JNS1099/CR72/D.1444 dated the 5 th May 2000 . 2. Ins. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000. th 3. Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the 8 August 2008

(5) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under rule 13 and shall not allow any adjournment of the proceedings, except when such proceedings are interrupted or obstructed for reasons beyond his control : Provided that, in case any objection is raised by the Returning Officer or is made by any other person, the candidate concerned may be allowed time to rebut it not later than the next day, and the Returning officer shall record his decision on the date to which the proceedings have been adjourned. (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 his reasons for such rejection in FORM II B. (7) For the purposes of this rule, the production of a certified copy of an entry made in the voters list of the relevant constituency shall be conclusive evidence of the right of any voter named in that entry to contest election, unless it is proved that the candidate is disqualified. 20. Publication of list of valid nominations (FORM II C).--Immediately after all the nomination papers have been scrutinised and decision accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of candidates whose nominations have been accepted, and shall affix the list on his notice-board recording the date on which and the time at which, the list was so affixed. 21. Appeal.(1) Any candidate, aggrieved by a decision of the Returning Officer accepting or rejecting a nomination paper, may present an appeal against the order of the Returning Officer to the Collector within a period of three days from the date on which the notice, containing the names of candidates accepted by the Returning Officer, is affixed on the notice board under rule 20 and shall ordinarily furnish on the same day to the Returning Officer a copy of the petition of appeal together with as many copies of the petition as there are candidates whose nomination papers have been accepted excluding himself. (2)1[ The Collector shall take a decision within a period of three days from the date of receipt of the appeal] and subject only to such decision, the decision of the Returning Officer accepting or rejecting the nomination of a candidate shall be final and conclusive. 22. Withdrawal of candidature(1) Any candidate may withdraw his candidature by notice in writing subscribed by him in FORM II-D and delivered to the Returning Officer : (a) Where no appeal is presented under rule 21, on the day immediately following the day after the expiry of the period referred to in sub-rule (1) of rule 21; and (b) Where such appeal is made, on the day next following the day on which the decision of the 2[Collector] is given. (2) The notice shall be delivered to the Returning Officer before 3.00 Oclock in the

afternoon on the last date fixed under rule 13 for withdrawal of candidatures. (3) Notice may be given either by the candidate in person or by his proposer. (4) No person who has given a notice of withdrawal of his candidature under sub-rule(1) shall be allowed to cancel the notice. ------------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . 2. Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 .

(5) The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawl and the identity of person delivering it under sub-rule (1), cause a notice to be affixed on the notice board in his office. 23. Preparation of list of contesting candidates(1) On the day next succeeding the last date fixed under rule 13 for withdrawal of candidatures, the Returning Officer shall prepare and publish in FORM III 1[a list of contesting candidates,category-wise seperately as per the provisions of rule 55] that is to say, candidates whose nomination papers have been finally accepted and who have not withdrawn their candidature within the specified period. (2) The said list shall, subject to the provisions of sub-rule (3), contain the names in alphabetical order in Marathi and the addresses of the contesting candidates as given in the nomination papers. (3) The alphabetical order referred to in sub-rule (2) shall be determined with reference to the surnames of the candidates having surnames, and the proper names of other candidates,
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24. Publication of list of contesting candidates.As soon as the copy of the list of contesting candidates from each constituency is ready, the Returning Officer shall immediately cause it to be affixed on the notice board in his office and shall also supply a copy thereof to each of the contesting candidates and, on demand, to his election agent. 25. Appointment of election agent and revocation of such appointment.-(1) If a candidate desires to appoint any person to be his election agent, such appointment shall, subject to the provisions of sub- rule(3), be made by him in FORM IIIA. The candidate shall give notice of such appointment to the Returning Officer by delivering or forwarding the letter of such appointment to the Returning Officer at the time of preparation of the nomination paper or at any time there after before the account of the candidates election expenses is lodged. 3*** (2) The appointment of the election agent may be revoked by the candidate at any time by a declaration in writing signed by him and lodged with the Returning Officer in Form No. III B. Such revocation shall take effect from the date on which it is so lodged. In the event of such a revocation or of the death of an election agent, whether that event occurs before or during the election, the candidate may appoint another person to be his election agent, and notice thereof shall be given to the Returning Officer, in the same manner as in the case of the first election agent. (3) No person, who is subject to any disqualification as a voter under the Act, rules or whose name is not entered in the list of voters shall be appointed as an election agent. 4 [25A. Appointment of polling agent and revocation of such appointment.A candidate may appoint, in form III C, a person to be his polling agent at every polling

station. The candidate shall give an advance intimation, in writing, of such appointment to the Returning Officer. Such appointment of a Polling agent may be cancelled by the candidate at any time in Form III(D). ] ----------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the 8 August 2008 2. Sub rule(4)(5)and (6) of rule 23 ommited by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 3. Certain words ommited. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007. 4. Ins. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000

26. Death of candidate before pollIf a contesting candidate dies and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and all proceedings with reference to the election shall be commenced afresh in all respect as if for a new election. Provided that: (a) 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, and (b) a person who has given a notice of withdrawal af his candidature under rule 22, before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding. 27. Uncontested elections.If, after the expiry of the period within which candidatures may be withdrawn under sub-rule (2) of rule 22, the number of candidates in the constituency whose nominations have been accepted is equal to or less than. the number of seats to be filled, the Returning Officer shall forthwith declare such candidate or all such candidates to be duly elected to fill the seat or the relevant number of seats, as the case may be, and shall complete and certify the declaration in FORM IV. 28. Procedure for election.(1) If the number of valid contesting candidates who have not withdrawn their candidature is more than the number of vacancies to be filled, the procedure prescribed in these rules for election of the members of the District Planning Committee shall be followed.
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[29. Manner of voting at eiections.(1) At every election where a poll is taken,

voting shall be by secret ballot in the manner hereinafter provided and no votes shall be received by proxy. (2) Voters may give such number of preferences which are equal to the number of eligible candidates within each category and the same candidate can not be given more than one preference vote. (3) Voters shall maintain cronology of preferences. If the cronology is disturbed or same prefrence has been given to more than one candidate,such ballot papers cannot be reckoned for the purpose of conting of that and thereafter preferences.

(4) The Ballot papers shall be rejected , if the first preference is not given or is given to more than one candidate. ------------------------------------------------------------------------------------------------------------------1. Sub rule(2) of rule 28 ommited by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 th 2. Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the 8 August 2008

(5) Voters shall write the preferences in figures in the space provided against the name of candidates either in Marathi or in English. The preference number written in letters shall not be considered. (6) The preference shall be written using the article provided by the authorities for that purpose and the preference written by other article shall not be considered for counting.] 30. Ballot BoxEvery box shall be of such design as may be approved by the Collector. 31. Form of the ballot papers.1[(1) In every constituency there shall be different coloured ballot papers separately for each catagory. The ballot papers shall have the names of eligible candidates category-wise as per the provisions of rule 55] (2) Every ballot paper shall be in FORM V. (3) The name of the candidates shall be arranged on the ballot paper in the same order in which they appear in the list of ccntesting candidates. (4) 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. 32. Arrangement at Polling Stations.For each constituency, there shall be one or more separate polling stations,(1) Outside each polling station, there shall be displayed prominently,- (a) a notice, specifying the polling area, the voters which are entitled to vote at the polling station and, where the polling station has more than one booth at each of such booth, the description of the voters so entitled; (b) a copy of the list of contesting condidates; (2) At each polling station, there shall be set up one or more voting compartments in which voters can record their votes screened from observation. (3) The Returning Offider shall provide at each polling station a sufficient number of ballot boxes, ballot papers, copies of the list of voters in respect of the polling area or areas, the voters of which are entitled to vote at such polling station, 1[articles necessary for writing preferences on 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 polling station. ----------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the8
th

August 2008

33. Admission to polling Station.The Presiding Officer shall regulate number of voters to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than the,(a) Polling Officers, (b) public servants on duty in connection with the election, (c) persons authorised by the Returning Officer, (d) candidates, their election agents 1[and polling agents,] (e) a child in arms accompanying a voter, (f) a person accompanying a. blind or infirm voter who cannot move without help; and (g) such other persons as the Returning Officer or the Presiding Officer may employ for the purpose of identifying the voter under sub-rule (1) of rule 35. 34. Preparation of ballot boxes for poll.(l) Where a paper seal is used for securing a ballot box, the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the Polling Agents present and are desirous of affixing the same. (2) The Presiding Officer shall, thereafter, fix the paper seal so signed in the space meant therefor in the ballot box and shall then secure and seal the box in such manner that the slit for the insertion of ballot paper therein to remain open. (3) The seal used for securing ballot box shall be affixed in such manner that after the box has been closed, it is not possible to open it without breaking the seal. (4) Where it is not necessary to use paper seals for securing the ballot boxes, the Presiding Officer shall secure and seal the ballot box in such manner that the slit for the insertion of ballot papers remains open and shall allow the Election Agents present to affix, if they so desire, their seals. (5) Every ballot box used at a polling station shall bear labels both inside and outside marked with,(a) the serial number, if any, and the name of the constituency; (b) the serial number and name of the polling station; (c) the serial number of the ballot box (to be filled in at the end of the poll on the label outside the ballot box only); and (d) the date of poll. (6) 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 (5) (7) The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer and the Polling Agents. ------------------------------------------------------------------------------------------------------------------1. Ins. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 .

35. Identification of voters1) Each voter shall produce at the Polling Station identity card issued to him by the competent authority, viz,Chief Executive Officer of the ,Zilla Parishad, Chief Officer of the Municipal Council or Nagar Panchayat or 1 [Commissioner of the Municipal Corporation]-The Identity Card should bear his photograph, name and signature. (2) The Presiding Officer at the Polling Station shall identify the voter with the help of the Identity Card. (3) In deciding the right of a person to obtain the ballot paper the Presiding Officer or the Polling Officer, as the case may be, shall compare the photo on the identity card and verify the signature. 36. Issue of ballot papers (1) No ballot paper shall be issued to any voter before the hour fixed for the commencement of the poll. (2) No ballot paper shall be issued to any voter after the hour fixed for the closing poll except to those voters who are present at the polling station at the time of the closing of the poll. (3) Every ballot paper, before it is issued to a voter, (a) shall be stamped on the back with such distingushing mark as the Collector may direct, and (b) shall be signed on the backside by the Presiding Officer. (4) At the time of issuing a ballot paper to voter, the Polling Officer shall record the serial number thereof against the entry relating to the voter in the list of voters set apart for the purpose. (5) Save as provided in sub-rule (4), no person in the polling station shall note down the serial number of the ballot paper issued to particular voter. 37. Maintenance of secrecy of voting by voters within polling station and voting procedure.(i) The voter, on receiving the ballot paper, shall forthwith(i) proceed to one of the polling compartments; 2 [(ii) record preference with the article supplied for the purpose ,in the space provided against the name of candidate for whom he intends to vote.; ] (iii) fold the ballot paper sc as to conceal his vote, 3*** (iv) insert the folded ballot paper into the ballot box; and (v) quit the polling station.

(2) No voter shall be allowed to enter a polling compartment when another voter is inside it, ----------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . th 2. Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the8 August 2008 3.Clause (iv) of rule 37(1) ommited and next clause (v) and (vi) renumbered as (iv)and (v)by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.

38. 1[Right to vote.]Each voter shall have a right to vote in the constituency to which he belongs.
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39. Recording of vote of blind or infirm voter.-(1) If the Presiding Officer is satisfied that owing to illiteracy or blindness or other physical infirmity, a voter is unable to read 3[the names] on the ballot paper or 4 [to record preference] thereon without assistance, the Presiding Officer shall permit the voter to take with him a companion of not less than eighteen years of age other than a voter in the voters list to the voting compartment for recording the 4[preference] on the ballot paper on his behalf and in accordance with his wishes and, if necessary, for folding the ballot paper so as to conceal the 4[preference] and inserting it into the ballot box: Provided that, no person shall be permitted to act as the companion of more than one voter at any polling station on the same day:. Provided further that, before any person is permitted to act as the companion of a voter on any day under this rule, the person shall be required to declare in FORM VI that he will keep secret the 4[preference] recorded by him on behalf of the voter and that he has not already acted as the companion of any other voter at any polling station on that day. (2) The Presiding Officer shall keep a record in FORM VI-A of the action taken under these rules. 40. Spoilt and returned ballot papers.(1) A voter who has inadvertently dealt with his ballot paper in such a 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 shall he marked Spoilt cancelled by the Presiding Officer, (2) If a voter after obtaining a ballot paper decides not to use it, he shall return it to the Presiding Officer, and the ballot paper so returned shall be marked as Returned cancelled by the Presidng Officer. (3) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a

separate packet.
5***

------------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . 2. Subrule(2) ommited by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 3. Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 . th 4. Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the8 August 2008 th 5. Rule 41 ommited . by Notifn.No.DPC1007/CR22/D.1444 dated the 8 August 2008

42. Closing of poll.-(1) The Presiding Officer shall close the polling station at the hour fixed in that behalf and shall not thereafter admit any voter into the polling station : Provided that, all voters present at the polling station before it is closed shall be allowed to cast their votes. (2) If any question arises whether a voter was present at the polling station before it was closed, it shall be decided by the Presiding Officer and his decision shall be final. 43. 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 any candidates, or their election agents 1[or polling agents], close the slit of the ballot box and where the ballot box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any polling agent to affix his seal. (2) The ballot box shall thereafter be sealed and secured. (3) Where it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first box shall be closed, sealed and secured as provided in sub-rules (1) and (2) before another ballot box is put into use. 44. Account of ballot papers. (1) The Presiding Officer shall, at the close of the poll, prepare a bollot paper account in FORM VIII and enclose it in a separate cover with the word Ballot Paper Account superscribed thereon. (2) The Presiding Officer shall permit a election agent 1[or polling agent] who so desires to take a true copy of the entries made in the ballot paper account and shall attest it to be true. 45. Sealing of other packets.--(1) The Presiding Officer shall then keep into separate packets, (a) the marked copy of the list of voters; (b) the unused ballot papers; (c) the cancelled ballot papers;
2***

(e) the list of challenged votes; and (f) any other papers directed by the Returning Officer to be kept in a sealed packet. (2) Each such packet; shall he sealed with the seals of the Presiding Officer and of those polling agents present, who may desire to affix their seals thereon.

46. Transmission of Ballot Boxes, etc. to the Returning Officer.The Returning Officer shall make adequate arrangements for the safe transport of the ballot boxes, packets and other papers, and for their safe custody until the commencement of the counting of votes. ---------------------------------------------------------------------------------------------------------------1. Ins. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . th 2. Clause (d) ommited by Notifn.No.DPC1007/CR22/D.1444 dated the8 August 2008

47. Fresh Poll in case of destruction, etc. of ballot boxes,(1) If at any 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 accidently destroyed or lost; or is damaged or tampered with, to such an extent, that the result of the poll at that polling station cannot be ascertaind, or (b) any such error or irregularity in the procedure as is likely to vitiate the poll is committed at a polling station, the Returning Officer shall forthwith report the matter to the Government 1[through Collector.] (2) The Government upon receipt of such report, or in the circumstances stated in the sub-rule (1), after taking all material circumstances into account either, (a) declare the po1l at that polling station to be void, and appoint a day and fix the hours, for taking a fresh poll at that polling station and notify the day so appointed and hour so fixed in such a 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 elections or that the error or irregularity in procedure is not material, issue such directions to the Returning Officer to take such action as may deem proper for the election. (3) The provisions of the Act and of any rules or bye-laws made thereunder shall apply to every such fresh poll as they apply to the original poll. 48. Admission to the place fixed for counting(l) The Returning Officer shall exclude from the place fixed for counting of votes all persons except (a) Such person to be known as counting supervisor and 2[counting assistant] as he may appoint to assist him in the counting; (b) persons authorised by the Government; (c) public servants on duty in connection with the election; and (d) candidates and their Election Agents and Counting Agents.
3 ***

(2) The Returning Officer shall decide which Election Agent 1[or the counting] agent shall watch the counting at any particular counting table or group of counting tables. (3) Any person who during the counting of votes miscounducts himself 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 authorized in this behalf by the Returning Officer. 1 [48 (A) Appointment of counting agent and revocation of such appointment

A candidate may appoint in Form VIII (1) a person to be his counting agent at counting place. The candidate shall give an advance intimation in writing for such appointment to the Returning Officer. Such appointment of counting agent may be cancelled by candidate at any time by giving intimation in Form VIII(2).] ------------------------------------------------------------------------------------------------------------------1. Ins. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007. 2. Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 3. Subrule (2) ommited and subrule(3) and (4) renumbered Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007

as

(2)and

(3)

respectively

by

49. Scrutiny and opening of ballot boxes.(1) The Returning Officer may have the ballot box or boxes used at more than one polling station opened and the ballot papers found in such box or boxes counted simultaneously. (2) 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 that might have been affixed thereon and to satisy themselves that it is intact, (3) The Returning Officer shall satisfy himself that none of the ballot boxes has, in fact, been tampered with. (4) 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 down in the rule 47 in respect of that polling station, 50. Scrutiny and rejecton of ballot paper.(1) The ballot paper taken out of each ballot box shall be 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 voter can be identified; or 1 [(b) if the first preference is given to more than one candidate or is not given to any candidate or preferences are written in letters or (c) preferences recorded thereon is placed in such a manner as to make it doubtful to which candidate preference has been given or more than one preference is given to the same candidate;] or (d) if it is a spurious ballot paper; or (e) if is so damaged or mutilated that its identity as a genuine ballot paper cannot he established; or (f) if it bears a serial number, or a design, different from the serial number or, as the case may be, design of the ballot papers authorised for use or; (g if it does not bear the mark which it should have borne under the provisions of sub-rule (3) of rule 36. Provided that (i) where a Returning officer is satisfied that any such defect as mentioned in clause (f) or (g) has been caused by any mistake or failure on the part: of the Presiding Officer or the Polling Officer, the ballot paper shall not be rejected merely on the ground of such defect; 1 [(ii) a ballot paper shall not be rejected merely on the ground that the figure indicating the preference is indistinct or written more than once, if the intention that the preference shall be for a particular candidate clearly appears from the way the preference is written.]

(3) Before rejecting any ballot paper under sub-rule (2), the Returning Officer shall allow, each election agent 2[or counting agent] present, a reasonable opportunity to inspect the ballot paper. (4) The Returning Officer shall record on every ballot paper which he rejects the letter R and the grounds for rejection in abbreviated form either in his own hand or by means of a rubber stamp. (5) All ballot papers rejected under this rule shall be bundled together. ---------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the 8
th

August 2008

51. Procedure for counting of votes.(1) The Counting of votes shall be done by and under the supervision of the Returning Officer, with the assistance of such persons as he may appoint to assist in the counting of votes. (2) After each ballot box is opened for counting, clearly valid 1[ballot papers] shall he separated from invalid and doubtful 1[ballot papers]. The invalid and doubtful 1[ballot papers] shall be submitted to the Returning Officer for decision. The valid 1[ballot papers] shall thereafter be taken for counting and the 2[preferences recorded] in favour of each candidate shall be counted with the aid of persons appointed to assist in the counting of votes. (3) The Returning Officer shall allow the candidates and their Election Agents or counting agents, who may be present reasonable opportunity to inspect all 1[ballot papers], which in the opinion of the Returning Officer, are liable to be rejected, but shall not allow them to handle those or any other 1[ballot papers]. The Returning Officer shall on every 1[ballot paper] which is rejected endorse the letter R". If any candidate or his Election Agent 3[or counting agent] questions the correctness of the rejection of any 1 [ballot paper], the Returning Officer shall also record briefly on such 1[ballot paper] the grounds for its rejection. 52. Method of counting of votes.2[(1) (a) After scrutiny of the ballot papers separate bundles containing valid and invalid papers shall be prepared. Then the valid ballot papers are arranged candidate-wise as per the first preference recorded for each candidate. The same are compiled in parcels candidate-wise. The ballot papers in each of such parcels are counted and recorded in Form X. (b) When one seat is to be contested the value of the vote shall be considered as one and when more than one seat is to be contested then the value of the vote shall be 100. c) When one seat is to be contested then the minimum quota required is to be calculated as follows :Total No.of valid votes Required quota = ---------------------------------+ 1 2 When more than one seat is to be filled then the required quota is to be calculated as follows:Total No.of valid votes X 100 Required quota = ---------------------------------------------- + 1

No.of candidates to be elected + 1 Note :- After division the remainder in fraction should be ignored. (d) After counting the votes according to the first preference, those candidates who have attained the quota shall be declared as elected. When number of candidates who shall attain the quota is equal to the seats to be filled, then there shall be no necessity of further counting. ---------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . th 2. Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the8 August 2008

(e) If at the end of any count or at the end of the transfer of any parcel or sub-parcel of an excluded candidates, the value of ballot papers credited to a candidate is equal to or greater than the quota, then that candidate shall be declared elected. (f) When one seat is to be filled and no candidate has been elected in first round then delete the candidates one by one having minimum votes and transfer their votes to the continuing candidates on the basis of next preference recorded. The ballot paper on which no preference has been recorded or not written in proper method or same preference has been given to more than one candidate then those ballot papers shall be deemed to be exhausted for further counting. (g) When more than one seat has to be filled and in first round the sufficient candidates are not elected then the surplus votes of the elected candidates has been transferred to the continuing candidates on the basis of the next preferences recorded thereon. If more than one candidate has a surplus, the largest surplus shall be dealt with first and the others in order of magnitude: Provided that, every surplus arising on the first count shall be dealt with before those arising on the second count and so on. (h) When there are more surpluses than one to distribute and two or more surpluses are equal, regard shall be had to the original votes of each candidate and the candidate for whom most original votes are recorded shall have his surplus first distributed; and if the value of their original votes are equal, the Returning Officer shall decide by the lot which candidate shall have his surplus first distributed. (i) If the surplus of any candidate to be transferred arises from original votes only, the Returning Officer shall examine all the papers in the parcel belonging to that candidate, divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon and make a separate sub-parcel of the exhausted papers. (j) He shall ascertain the value of the papers in his sub parcel and all the unexhausted papers. (k) If the value of the unexhausted papers are equal to or less than the surplus, he shall transfer all the unexhausted papers at the value at which they were received by the candidate whose surplus is being transferred. (l) If the value of the unexhausted papers are greater than the surplus, he shall transfer the sub-parcels of unexhausted papers and the value at which each paper to be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers.

(m) If the surplus of any candidate to be transferred arises from transferred as well as original votes, the Returning Officer shall reexamine all the papers in the sub-parcel last transferred to the candidate, divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon and then deal with the sub-parcels in the same manner as is provided in the case of sub-parcels referred to in clause (h), (j), (k) and (l). (n) The papers transferred to each candidate shall be added in the form of sub-parcel to the papers already belonging to such candidate. (o) All papers in the parcel or sub-parcels of an elected candidate not transferred under this rule shall be set apart to be finally dealt with. (p) (i) If all surpluses have been transferred as herein before provided, the number of candidates elected is less than the required number, the Returning Officer shall exclude from the poll the candidate lowest on the poll and shall distribute his unexhausted papers among the continuing candidates according to the next preferences recorded thereon; and any exhausted papers shall be set apart to be finally dealt with. (ii) The papers containing original votes of excluded candidate shall first be transferred, the transfer value of each paper being one hundred. (iii) The paper containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which, and at the value at which, he obtained them. (iv) Each of such transfers shall be deemed to be a separate transfer but not a separate count. (v) If, as a result of transfer of papers, the value of votes obtained by a candidate is equal to or greater than the quota, the counting proceeding shall be completed and no further papers shall be transferred to such candidate. (vi) Till the required number of candidates are not elected by way of either obtaining required value of votes as per the provision contained in the foregoing para, action prescribed in preceding para, one by one shall be followed. (vii) If, at any time, it becomes necessary, to exclude a candidate and two or more candidates have the same value of votes and are the lowest on the poll, regard shall be had to the original votes of each candidate and the candidate for whom fewest original votes are recorded shall be excluded; and if the value of their original votes are equal the candidate with the smallest value at the earliest count at which these candidates had unequal values shall be excluded. (viii) If two or more candidates are lowest on the poll and each has the same value of the votes at all counts, the Returning Officer shall decide by the lot which candidate shall be excluded. (q) (i) When at the end of any count the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidates shall be declared elected. (ii) When at the end of any count only one vacancy remains unfilled and the value of the papers of some one candidate exceeds the total value of papers of all the other continuing candidates together with any surplus not transferred, that candidate shall be declared elected. (iii) When at the end of any count only one vacancy remains unfilled and there are only two continuing candidates and each of them has same value of votes and no surplus remains capable of transfer, the Returning Officer shall decide by the lot

which of them shall be excluded; and after excluding him in the manner aforesaid, declare the other candidate to be elected. (iv) When the votes obtained by some candidate is more than the total votes of continuing candidates and untransferred votes then this candidate shall be declared elected; (2) After the counting of all 1[ballot papers] contained in all the ballot boxes used has been completed, the Returning Officer shall cause to be sealed in separate packets with a description endorsed on such packets of the 1[ballot papers] counted and that 1[ballot papers] rejected. ------------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .

(3) The Returning Officer shall as far as practicable proceed continuously with the counting of the votes and shall during any intervals when the counting has to be suspended, keep the 1[ballot papers], packets and other documents relating to the election, sealed with his own seal and seals of such candidates or election agents 2[or counting agents] as may desire to affix their seals and shall cause adequate precautions to be taken for their safe custody. (4) After the counting of 1[ballot papers] contained in all the ballot boxes used at all the polling stations has been completed, the Returning Officer shall prepare a consolidated statement recording therein the total number of votes polled by each candidate. 53. Recommencing of counting of fresh poll.-(l) If a fresh poll is held under rule 47, the Returning Officer shall, after completion of that poll, recommence the counting of votes on the date and at 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. (2) The provisions of rules 40, 44 and 47 shall apply so far as may be to such further counting. 54. Recount of votes.-(1) After the completion of the 3[each counting round] the Returning Officer shall record in the result sheet in FORM IX, 3[the cronology by which candidates are elected or excluded in each round] the total number of votes polled by each candidate and announce the same. (2) After such announcement has been made 4[and before starting the next round], a candidate or in his absence his election agent, may apply in writing to the Returning Officer for a recount of all or any of the ballot papers 4[(except the papers kept aside in the previous round)] already counted 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 , 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 and contain the reasons therefor. (5) If the Returning Officer decides under sub-rule (3) to allow an application either in whole or in part, he shall (a) count the ballot papers again in accordance with his decision;

(b) amend the result sheet in FORM IX to the extent necessary after such recount;and (c) announce the amendments so made by him. (6) After the 3[cronology by which the candidate is elected or excluded in each round] has been announced under sub-rule (1) or sub-rule (5), the Returning Officer shall complete and sign the result sheet in FORM IX and no application for a recount shall be entertained thereafter: ---------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . 2. Ins. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . th 3. Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the 8 August 2008 th 4. Ins. by Notifn.No.DPC1007/CR22/D.1444 dated the 8 August 2008

Provided that, no step under this sub-rule shall be taken on the completion of the counting until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule (2). 1 [55 Declaration of result..(1) The Returning Officer shall, after recording the valid votes of each candidate, categorywise declare the names of the elected candidates in the following sequence, namely :a) Scheduled Caste (Women); b) Scheduled Caste: c) Backward Class of Citizens (Women); d) Backward Class of Citizens; e) Scheduled tribes; f) General (Women); g) General.
2***

(3) A woman candidate belonging to any reserved category shall be eligible to contest the election to a general seat reserved for a woman candidate. (4) A candidate belonging to any reserved category shall be eligible to contest the election to a general seat. (5) In case of non- availability of a woman candidate belonging to a particular category, the seat reserved for that category shall 3{remain vacant till availability of a suitable candidate.} (6) In case of non-availability of an eligible candidate to fill in a seat reserved for any catogory, then such seat 3{shall remain vacant till availability of a suitable candidate.}] 56. Publication of names of elected members of the Committee.--- (1) The 3 [Returning Officer] shall publish the names of all elected committee members by causing a list of such names together with their permanent addresses and the names of the constituencies from which they are elected to be pasted on the notice board or at any prominent place in his office. (2) The 3[ Collector ]shall send a list of all the elected committee members to the Government. 57. Custody of papers relating to elections.The Returning Officer shall keep in

custody the packets referred to in rule 45 and all other papers relating to the elections. 58. Production and inspection of election papers.(1) While in the custody of Returning Officer. (a) the packets of unused ballot papers; (b) The packets of used ballot papers whether valid, 4*** or rejected; (c) The packets of marked copies of the voters list; shall not be opened and their contents shall not be inspected by, or produced before any person or authority, except under the order of the Commissioner or a Court or other Competent Authority. (2) All other papers relating to the election shall be open to public inspection. ------------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 . th 2. Sub-rule (2) omitted by Notifn.No.DPC1007/CR22/D.1444 dated the 8 August 2008 3. Subs. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . th 4. Word tendered omitted by Notifn.No.DPC1007/CR22/D.1444 dated the8 August 2008

59. Disposal of election papers.(1) The packets referred to in rule 57 shall be retained for a period of one year and shall thereafter be destroyed subject to any direction to the contrary given by the Commissioner or a Court or other Competent Authority. (2) All other papers relating to the election shall be retained until the termination of the next election for the constituency to which they relate and shall thereafter be destroyed subject to any direction to the contrary given by the Commissioner or a Court or other Competent Authority. 60. Casual vacancies, how to be filled in.-In the event of vacancy occuring on account cf death, resignation, disqualification the member secretary of the Committee shall forthwith communicate the occurrence of the vacancy 1[to the government] and such vacancy shall he filled in by holding bye-election in the like manner. 61. Determination of validity of election.-(1) No validity cf list of voters or the allotment of seats to constituencies made or purporting to be made under the Act and rules shall be called in question in any court. (2) If the validity of any election, including bye-election of a member of a committee is brought in question by any person qualified either to be elected or to vote at the election to which such question refers, such person may, within seven days after the date of the declaration of the result of the election, apply in writting to the Divisional Commissioner. (3) On receipt of an application under sub-rule 1[(2)], the Divisional Commissioner shall, after giving an opportunity to the applicant to be heard and after making such inquiry as he deems fit, pass an order confirming or amending the declared result of election or setting the election aside. If the Divisional Commissioner sets aside the election, he shall fix a date, as soon as conveniently may be, for holding a fresh election. (4) Any person aggrieved by the decision of the Divisional Commissioner may, within seven days from the date on which the decision is communicated to him, appeal to the State Government against such decision; and the decision of the Divisional Conimissioner, subject to the decision of the State Government in appeal, shall be final. 62. Parties to the application challenging validity of Election, Where an application, challenging the validity of an election, is made, the applicant shall, join the

following persons as the non-applicant :(a) where the applicant in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other, candidate has been duly elected, all the contesting candidates other than the applicant and where no such further delcaration is claimed all the returned candidates; and (b) any other candidate against whom allegations of any corrupt practice are made in the application.

* * * * * * ----------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .

PART II
1. Short Title.These rules may be called the Maharashtra District Planning Committees (Conduct of meetings) Rules, 1999. 2. Definitions.(l) In these rules, unless the context otherwise requires, (a) Act means the Maharashtra District Planning Committees (Constitutions and Functions) Act, 1998; (b) Chairperson means the Chairperson of the District Planning Committee as provided in sub section (4) of section 3 of the Act; (c) Committee means the District Planning Committee; (d) Government means the Government of Maharashtra; (e) Member Secretary means the Member Secretary of the District Planning Committee as provided in sub-section (4) of section 3 of the Act. (2) Words and expressions used in these rules, but not defined, shall have the same meanings as assigned to them under Parts IX and IX-A of the Constitution of India or under the Act. 3. Notice of the meeting.The Chairperson of the Committee, shall decide the date and time of every meeting of the Committee and the Agenda of such meeting shall be approved by the Chairperson. The notice convening the meeting shall be issued at least before ten (10) clear days of the date of the meeting to the members of the Committee by the Member-Secretary of the Committee. 4. Place of meeting.(1) All meetings of the Committee, shall be held at the headquarter of the respective district; (2) The first meeting of the newly constituted committee shall be held within thirty days from the date of the Constitution of the Committee, but ninety days shall not intervane between its last meeting and the next meeting. 5. Quorum for the meeting and transaction of business.(1) The quorum for every meeting shall be 1/3rd of total number of members, of the Committee.

(2) If within half an hour after the time appointed for the meeting of the Committee, there is no quorum, the meeting shall be adjourned to half an hour on the same day and at the same place and the business on the agenda of the said meeting shall be transacted, whether there is a quorum or not:(a) If all the business on the agenda of the meeting of the Committee cannot be transacted on the appointed day on which the meeting is held, the Chairperson of the Committee, may convene the meeting on the subsequent day. 6. Restrictions on attending the meeting by proxy-No proxy or a holder of Power of Attorney or letter of Authority, shall be eligible to attend a meeting of the Committee on behalf of any member of the Committee. 7. Decisions of the Committee.All decisions at a meeting of the Committee as far as possible shall be arrived at by general consensus, however, in case of disagreement, the matter will he decided by simple majority of those present at the meeting. For the purpose of voting, every member shall, have one vote and the voting shall be by raising of hands. In case of an equality of votes, the Chairperson shall have and exercise a second or casting vote. 8. Minutes of the meeting.--The Member-Secretary shall record the minutes cf the meeting and the same shall be put up as a first item on the agenda for confirmation in the subsequent meeting. The Member Secretary and the Chairperson, shall put their signatures on the register of meeting to authenticate the same, 9. Custody of the records cf the Committee.All records of the Committee shall be in the custody of the Member Secretary. 10. Maintaining of order at Committees meeting.The Chairperson shall preserve order at a meeting and shall have all powers necessary for the purpose of enforcing his decision. The Chairperson may direct any member who refuses to obey his decision or whose conduct is, in his opinion, grossly disorderly, to withdraw immediately from the meeting and any member so ordered to withdraw shall do so forthwith and shall absent himself during the reminder of the days meeting. 11. Procedure for preparation of draft development plan.(1,) The Member-Secretary shall place before the Committee the plans received from the Constituent Local bodies of the Committee for their consideration. After consideration, these plans shall be prepared by the Member-Secretary for the District as a whole; (2) While preparing such plans the Committee shall adhere to the guidelines issued by the State Government in the matter of extent and size of the financial allocations, inter-sectoral priorities, provision of funds for the committed schemes, Externally Aided Schemes and Special Programmes on which the Government has laid emphasis such as Minimum Needs Programme, 20 Point Programme, etc. (3) The final draft development plan shall be again placed before the Committee for its approval before sending it to State Government. *********

[FORM-I

List of Voters
............................... District Planning Committee ............................... Constituency Sr. No. (1) 1 2 3 4 Name of candidate (2) Sex Age Period of Tenure * (5) Whether elected from Reserve or Open constituency (6) Identity card No. (7)

(3)

(4)

Electoral roll Published on :...............................................................................................

Place : Date :
* Period of tenure in Local Authority.]

Collector.

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

1. Ins. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 .

FORM I-A (See rule No.13) Notice of Election

Notice is hereby given that (1) an election is to be held for electing members to the District Planning Committee for ......................................... ............................................................................................... the

Rural/Larger Urban/Smaller Urban/Nagar Panchayat Constituency ; or (1) an election is to be held for electing member(s) to the

.......................................................................................................................................................... ........ by the elected members of Z.P./Larger Urban/Smaller Urban/Nagar Panchayat. (2) nomination papers may be delivered by candidate or his proposer to the Returning Officer ........................ ................................... or Assistant Returning Officer at

........................................................... between 11.00 a.m. and 3.00 p.m. on any day (other than public holiday) not later than the ...................................................................... (3) forms of nomination paper may be obtained at the place and times aforesaid ; (4) the nomination papers will be taken up for scrutiny at ................. on .............................at .................................... (5) notice of withdrawal of candidate may be delivered by a candidate or his proposer or his election agent (who has been authorised in writing by the candidate to deliver it) to either of the officers specified in paragraph(s) above at his office before 3.00 p.m. on the ................................ ............................................................................................... (6) in the event of the election being contested, the poll will be taken on ........................................................... between the hours of ........................ and ............................

Place : Date : Returning Officer.

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

[FORM II (See Rule No.15(2)) Nomination Paper Election to the District Planning Committee
I, nominate as a candidate for election to the District Planning Committee from the Rural/Larger Urban/Smaller Urban/Nagar Panchayat ......................------------------------------------------------------ constituency. Candidate's name ....................................................................................................... Father's/Mother's/ Husband's name ...................................... His/her postal address ................................................................ ........................................................................................ His/her name is entered at Sr. No. ..................... in part No. .............. for the Rural/Larger Urban / Smaller Urban / Nagar Panchayat Constituency in the district...................... My name is ................................................................ and it is entered at Sr. No. ................ in part No. ................... for the electoral roll for Rural /Larger Urban/Smaller Urban/Nagar Panchayat Constituency in the district. 2 ***
3 Date [(Signature of Proposer)] -----------------------------------------------------------------------------------------------------------------I, the above mentioned candidate assent to this nomination hereby declare, (a) that I have completed ................. years. (b) that my name and my (Father's/Mother's/ Husband's name) have been correctly spelt out above in ........................................... (name of the language). (c) that to the best of knowledge and belief, I am qualified and not :/ also disqualified for being chosen to fill the seat in the District Planning Committee. I further declare that I am a member of the ................................ ** caste/tribe which is a scheduled ** caste/tribe of the State .............................................. in relation to ............................................ (area) in the State.

Date

(Signature of candidate)

(To be filled in by the Returning Officer) Serial No. of nomination paper ............................... This nomination was delivered to me at my office at .......... (hour) on ............................. (date) by candidate/ proposer.

Date

Returning Officer. ]

----------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 . 2. Certain words ommited. by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007. th 3 Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the8 August 2008

FORM II-A
(See Rule No. 18) Receipt for Nomination Paper and 1[Notice] of Scrutiny (To be handed over to the person presenting the nomination paper) Serial No. of nomination paper ............................................ Thc nomination paper of ......................................... a candidate for election from the Rural / Larger Urban/Smaller Urban/Nagar Panchayat .............................

constituency was delivered to me at my office at ............................... (hour) on ........................................ by the candidate/proposer. All nomination papers will be taken up for scrutiny at

............................ (hour) on ............................. (date) at ............................... (place).

Place : ............................... Date : ............................... Returning Officer.

----------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 .

[FORM-II-A (1) (See rule No.18) List of candidates who have submitted Nomination forms ..................................... District Planning Committee .................................... Constituency 2 { ..................................... Category } Sr. No. Name of candidate
3

Candidate's Address
3

(1) 1 2 3 4

{(2)}

{(3)}

Nam e of Prop oser 3 {(4) }

Place : ............................... Date : Officer.] .............................. Returning

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

FORM II-B (See rule of Rule 19(6)) (Decision of Returning Officer Accepting or Rejecting the Nomination Paper.) I have examined this nomination paper in accordance with rule 19 (6) of Maharashtra District Planning Committee (Election) Rules, 1999, and decide as follows :-

Place : ....................................... Date : ......................................

Returning Officer.

---------------------------------------------------------------------------------------------------------------1. Ins. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 . 2. Ins.by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . 3. Column(2) Name of constituency ommited and column (3)(4)and (5) renumbered as column(2)(3) and (4) respectively.by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007

[FORM-II (C) (See Rule No.20)

List of valid Nominations

..................................... District Planning Committee ..................................... Constituency 2{ ..................................... Category}

Sr. No.

Name of candidate

Name of Father/ Mother/Husband

(1) 1 2 3 4 5 6

(2)

(3)

Cand idate' s Addr ess (4)

Place : ............................... Date : .............................. Returning Officer.]

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

1. Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 . 2. Ins.by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.

FORM II-D
(See Rule No, 22)

Notice of withdrawal of Candidature

Election to the ......................................... District Planning Committee The Returning Officer, I ............................................................................candidate validly nominated at

the above election do hereby give notice that I withdraw my candidature.

Place : ................................

Date : ...............................

Signature of validly nominated candidate.

This notice was delivered to me at my office at ........................ (hour) or ....................... (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 validly nominated candidate at the election to the ........................................................ District Planning Committee was delivered to me by the ............................................. at my office at ................................ (hour) on .............................................. (date).

Returning Officer.

[FORM-III (See Rule No.23(1) )

List of candidates
Election of ............................. District Planning Committee ..................................... Constituency 2 { ..................................... Category }

Sr. No.

Name of candidate

(1) 1 2 3 4 5 6

(2)

Cand idate' s Addr ess (3)

Place : ...............................

Date : Officer

..............................

Returning

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

1. Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000 . 2. Ins.by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.

FORM-III-A (See Rule No. 25(1))

Appointment of Election Agent

Election to the ..................................District Planning Committee To, The Feturmng Officer, I, ....................................................................................................... of ...................................... a candidate at the above election do hereby appoint ......................................... of ...................................... as my election agent from this day at the above election. Place : .......................... Date : .......................... I accept the above appointment. Place : .................................... Signature of candidate.

Date : .................................... Approved

Signature of election agent.

Signature and Seal of the Returning Officer.

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

(See rule No. 25(2))

Revocation of Appointment of Election Agent

Election to the .......................................... District Planning Committee To, The Returning Officer, ................................................ a candidate at the above election, hereby revoke the appointment of ......................................................., my election agent. Place : ............................................. Date : ............................................. [FORM III-(C) (See rule No, 25(A))
1

Signature of candidate.

Appointment of Polling Agent

Election of ..................................... District Planning Committee To, The Returning Officer, I ............................................................................................... a candidate/election agent of (candidate name and address) ............................................................................................................. at the above election, hereby appoint ......................................................... as my Polling agent in polling station No. ......................................... at ........................... to attend as a polling agent at .............................. a.m. Place : ............................................ Date : ............................................ Agent. I agree to work as a polling agent. Place : ................................. Date : ................................ agent. ]

Signature of the Candidate/Election

Signature Polling

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[FORM III-(D) (See Rule No. 25(A) )

Revocation of appointment of Polling Agent

Election to the ............................. District Planning Committee To, The Presiding Officer, I, ................................................................................ a candidate at the above election 2{counting agent of }............................................. hereby revoke the 3{appointment of my Polling agent }.............................. Place : ................................................ Date : ................................................

Signature of person who revoke the appointment. ]

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1. Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000. 2. Ins.by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . th 3 Subs.by Notifn.No.DPC1007/CR22/D.1444 dated the 8 August 2008

FORM IV (See rule No. 27) (for use in election when seat is uncontested)

Declaration of the result of Election under rule 27 of theMaharashtra District Planning Commitee (Election) rules, 1999.
Election to the ....................................... District Planning Committee In pursuance of the provisions contained in rule 27 of the Maharashtra District Planning Committee (Election) Rules, 1999, I declare that Shri . ........................................................................... (Name & Address) sponsored by Shri . ... ........... ........................................... Address .................................................................................................. (name of the recognised/registered political party ..............................) has been duly elected to fill the seat in ............................................ constituency.

Place : ............................ Date : ............................ Signature ............................... Returning Officer.

[FORM V (See rule No. 31 (2))

Form of Ballot Paper

Sr. No. .............................. ..............................................District Planning Committee .............................................Constituency .............................................Category Signature or Thumb .......................................................................................................................... (Cut from here) Sr. No. .............................. ..............................................District Planning Committee .............................................Constituency .............................................Category

Sr.No. figure (1) (2) (3)

Name of Candidate

Record the preference in

( ( (

) ) )

Note,There shall be different coloured Ballot papers in each Constitutency for each category. ]

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1 . Subs.by Notifn.No.DPC1007/CR22/D.1444 dated the 8

th

August 2008

FORM VI (See rule No. 39 (1)]

Declaration of the Companion of blind or Infirm Elector

............................................................................... Constituency comprised within ................................................................ the district. Sr. No. and name of Polling Station ...................................................... I .......................................................................................... son of------------------------------...............................................aged ......................... * resident of ---------------------------------------------------------------------------------------------------------------------------------------hereby declare that (a) I have not acted as companion of any other elector at any polling station today, the ............................ (date) ............................... (b) I will keep secret the 1[preference] recorded by me on behalf of + .................................................................................................................

Signature of Companion. * Full address to be given. + Name, Part No. and Serial number of elector.
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FORM VI-A (See rule No. 39 (2))

List of Illiterate, Blind or Infirm Voters

Election to the ..................................... District Planning Committee ........................... from the Constituency ............................................ Number and Name of Polling Station ................................................. ........................... constituency/Name of the place of poll .......................
2

[Part] No. & Serial No. of elector 1

Full Name of elector 2

Full name of companion 3

Address of companion 4

Signature of companion 5

Place :................................. Date : ................................ . Signature of PresidingOfficer,

-----------------------------------------------------------------------------------------------------1 . Subs.by Notifn.No.DPC1007/CR22/D.1444 dated the 8

th

August 2008

2. Subs.by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .

1***

FORM VIII (See rule No. 44 (1))

Ballot Paper Account

Election to the ................................... District Planning Committee from the Rural/Larger Urban/Smaller Urban/Nagar Panchayat constituency.
Serial No. From 1. Ballot paper received 2. Ballot papers unused (i.e. not issued to voters) (a) With the signature of Presiding Officer. (b) Without the sigiaature of Presiding Officer. Total : (a+b) 3. *Ballot papers used. at the Polling Station (1-2= 3). 4. *Ballot papers used. at the Polling Station but
NOT INSERTED INTO BALLOT BOX:

Total No.

To

(a) Ballot papers cancelled for violation of voting procedure under rule 40. (b) Ballot papers cancelled for other reasons.
1***

*2[Total: (a + b ) ]. __ 5, *Ballot papers to be found in the ballot box (3-4 =5).

Place: ........................................... given) *(Serial number need not be Date : ...........................................

Signature of Presiding Officer.

---------------------------------------------------------------------------------------------------------------1 . Form VII and Clause 4(c) omitted by Notifn.No.DPC1007/CR22/D.1444 dated the 8 2 . Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the 8
th th

August 2008

August 2008

1[FORM VIII(1) (See Rule No. 48-(A)) Appointment of Counting Agent Election of ........................................... District Planning Committee To, The Returning Officer, I ................................................................................. candidate/ election agent of (Candidate name and address) ........................................................... the above election, hereby appoint ................................................ as my counting agent at counting place ................................... to attend as a counting agent at ................................................... a.m. Place : ...................................... Date : ...................................... Signature of the Candidate/Election Agent l agree to work as a counting agent. Place : ............................................... Date : ............................................... Signature of Counting Agent. ]

------------------------------------------------------------------------------------------------------------------[FORM VIII(2) (See Rule No, 48-(A))

1

Revocation of appointment of Counting Agent Election of ......................................... District Planning Committee. To, The Returning Officer, I ....................................................................................................... a Candidate of the above election/election agent of .............................. hereby revoke the appointment of my Counting Agent .......................... Place : ............................................. Date : .............................................

Signature of Candidate/ Election Agent.]

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1. Subs.by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .

[FORM-IX (See Rule No.55)

Final Result Sheet

..................................... District Planning Committee .................................... Constituency 2 {.................................... Category } Total No. of voters 3 Sr. No. Name of candidate {Cronology by which candidate is elected or excluded } 4 (1) (2) {(3)} 1 2 3 No. of valid votes : No. of rejected votes :
5***

Total No. of votes : I ...............................................................................Returning Officer of District Planning Committee declared the following candidates are validly elected. Sr. No. (1) 1 Name of candidate who is elected (2)

2 3 4 Place : ............................... Date : .............................. Returning Officer.]

----------------------------------------------------------------------------------------------------------------1. Subs. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000. 2. Ins.by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 . th 3 .Subs. by Notifn.No.DPC1007/CR22/D.1444 dated the 8 August 2008 4. Column(3) Sex and column(4) Category ommited and column (5) renumbered as column(3) by Notifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 th 5 .Words "Numer of tendered votes" ommited by Notifn.No.DPC1007/CR22/D.1444 dated the 8 August 2008

FORM -X (See Rule (51)(1) RETURN OF ELECTION COUNTING Election to the District Planning Committee The result of the polling and the transfer of votes is as follows:Category :Number of valid votes :Number of Members to be elected :Quota (Number of votes sufficient to secure the election of a candidate) :Sr. No. Name of Candidates First count Second count Third count Fourth count Fifth count Serially next counts Name of elected candidates and order of election

Votes polled by each candidate 1 2 3 4 5 6 Non-transferable papers/ Exhausted votes Loss due to fraction Total

Tran sfer of

Result

Tran sfer of

Result

Tran sfer of

Result

Tran sfer of

Result

Tran sfer of

Result