Rajasthan Municipalities Election Order, 1970

The Rajasthan Municipalities Election Order, 1970

Published vide Notification No. F 1(2) M/Elec/63/2706, dated 17-10-1970, Published in Rajasthan Gazette, Extra-ordinary, Part 4-C(1), dated 17-10-1970

RJ696

G.S.R. 78. - In exercise of he powers conferred by section 29 of Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959) read with section 25 thereof, the State Government hereby makes the following Order, namely:-

1. Short title.- (1) This order may be called the Rajasthan Municipalities Election Order, 1970.

(2) It shall come into force on the date of its publication in the Official Gazette.

2. Restriction on contesting election from more than one ward.- (1) A candidate shall not be entitled to contest election from more than one ward in a Municipality.

(2) Immediately after the publication of the list of he contesting candidates under clause 16 of the Rajasthan Municipalities Election Order, 1960, if it comes to the notice of the Returning Officer that a candidate is contesting election from more than one ward in a municipality, he shall give a notice in writing to such candidate in form A' appended to this order requiring him to withdraw his nomination from all seats except one, in the form 'B' appended hereto, before the date fixed for the poll, failing which his nomination from all such seats except the one specified in the nomination paper delivered first in time by him to the Returning Officer, shall be deemed to have been withdrawn. If the candidate fails to withdraw his nomination from all seats except one, he shall be deemed to have withdrawn his nomination from all seats except the one specified in the nomination paper delivered by him first in time to the Returning Officer.

Explanation. - (1) In case a candidate withdraws his nomination from all the seats under this clause, he shall be deemed to have withdrawn his nomination from all the seats except the one specified in the nomination paper delivered by him first in time to the Returning Officer.

(2) In case all the nomination papers are found to have been presented at the same time, the Returning Officer shall decide by draw of lots as to which nomination paper(s) shall be deemed to have been withdrawn.

3. Service of notice.- The notice under clause (2) shall be sent to such candidates by such mode and in such manner as the Returning Officer may consider expedient.

Explanation. - If such notice can not be served personally on any candidate, it shall be affixed on some conspicuous part of his house, and also on the notice board of the office of the Returning Officer, and such service shall be deemed to be sufficient service for the purposes of this clause.

4. Correction or reprinting of ballot papers.- The Returning Officer shall, soon after the receipt of the notice of withdrawal Form 'A' or immediately after the expiry of period fixed under section 25, get the ballot papers reprinted or suitably corrected by scoring out the name and symbol of the candidate whose nomination has been withdrawn under clause 2. In case the name of such candidate appears at the end of the ballot paper the ballot paper may be cut off to eliminate the name and symbol of such candidate from the ballot paper. The Returning Officer shall simultaneously amend the list of the contesting candidates and publish it on his notice board.

Appendix

Form 'A'

[See clause 2]

Notice to the candidates contesting from more than one ward.

Election..................Municipal Board/Council.

To,

Shri.....................

contesting candidate from Ward No. ...............and No..........

Notice is hereby given that:-

(1) Section 25 of the Rajasthan Municipalities Act, 1959 provides I hereby declare that the following candidates have been duly elected for the ward mentioned against each as members of the Municipal Board/Council:-

The Rajasthan Municipalities Election Order, 1970

[Notification No. F 1(2) M/Elec/63/2706, dated 17-10-1970, Published in Rajasthan Gazette, Extra-ordinary, Part IV-C(I), dated 17-10-1970]

G.S.R. 78. - In exercise of he powers conferred by section 29 of Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959) read with section 25 thereof, the State Government hereby makes the following Order, namely:-

that no person shall be entitled, in cases where election to a seat is contested, to contest such election for more than one ward and every person, who may have filed his nomination paper for seats to a board for more than one ward shall withdraw, before the date fixed for election, his nomination form all such seats except one.

(2) You have not withdrawn your nomination from all the seats except one during the period fixed for withdrawal under clause 14 of the Rajasthan Municipalities Election Order, 1960 and are still seeking to contest election for more than one seat from wards No....... and............. which is against the provisions of the said Act.

(3) You are, therefore, called upon to withdraw your nomination from all the seats except one as required by law.m failing which your nomination (s) from all such seats except the one specified in the nomination paper delivered first by you to the undersigned (which is forward No. .....) shall be deemed to have been withdrawn under clause 2 of the Rajasthan Municipalities Election Order, 1960 and in case all the nomination papers are found to have been presented at the same time, undersigned shall determine by draw of lots as to which of the nomination (s) shall be deemed to have been withdrawn.

Form 'B'

[See clauses 2]

Notice of withdrawal by a contesting candidate after expiry of period fixed for withdrawal as specified in item 9 of the Public Notice in Form 1 appended to the Rajasthan Municipalities Election Order, 1960.

Election to the................Municipal Board/Council.

To,

The Returning Officer

I.................. a contesting candidate at the above election from wards No and No................ do hereby give notice that I withdraw my nomination (s) form ward (s) number.................