Published vide Notification No. S.O. 64/H.ord. 4/94/Section 32/94, dated 4th August, 1994

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No. S.O. 64/H.ord. 4/94/Section 32/94 - In exercise of the powers conferred by section 32 of the Haryana Municipal Corporation Ordinance, 1994 and in consultation with the State Election Commission and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules to provide for and to regulate the matters for the purpose of holding elections of the members, namely :-

Part I

Short title.- These rules may be called the Haryana Municipal Corporation Election Rules, 1994.
Definitions.- In these rules, unless the context otherwise requires, -

(a) "agent" means any person appointed in writing by a candidate at an election to be agent for the purposes of these rules with the acceptance in writing by such person for such appointment;

(b) "backward classes" means such classes of citizens as may be specified by the Government from time to time;

(c) "Constituency" means a Class or ward, for the representation of which a member or members is or are to be or has or have been elected under these rules;

(d) "election" means the election of a member, Mayor, Senior Deputy Mayor or Deputy Mayor of the Corporation;

(e) "elector" in relation to a ward, means a person whose name is entered in the electoral roll of that ward for the time being in force and who is not subject to any disqualification for voting;

(f) "Form" means the Form appended to these rules.

(g) "Gazetted Officer" means a Government employee belonging to any Indian Administrative Service or State Service or any other Government employee holding a post which has been declared by competent authority to be a gazetted post;

(h) "newly constituted Corporation" means a Corporation of which the members have been elected at a general election or nominated or appointed at the time of a general election, but have not yet taken their seats;

(i) "Ordinance" means the Haryana Municipal Corporation Ordinance, 1994;

(j) "oath of allegiance" means the oath or affirmation of allegiance prescribed by section 33 of the Ordinance;

(k) "Revising Authority" means such person as the Deputy Commissioner may appoint in respect of a ward or part of a ward for the purpose of receipt and disposal of claims and objections in respect of preparation or revision of rolls;

(l) "roll" means the electoral roll of persons entitled to vote at a Corporation election under these rules;

(m) "Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as have been specified under Article 341 of the Constitution of India to be Scheduled Castes;

(n) "section" means a section of the Ordinance ;

(o) "treasury" means a Government treasury or sub-treasury or a bank to which the Government treasury business has been made over;

(p) "Tribunal" means the Municipal Corporation Elections Tribunal consisting of a person or persons appointed by the State Government under Rule 77 of these rules to hold any enquiry in respect of an election petition under the Ordinance ;

(q) words and expressions used herein and not defined in these rules shall have the same meaning as are assigned to them in the Ordinance.

Part II

Roll of Corporation.- The rolls of each ward of Corporation shall be prepared by the Deputy Commissioner in the manner specified in rules 4 to 11 of these rules.
Preparation of fresh roll.- [(1) The Deputy Commissioner shall under the superintendence, direction and control of the State Election Commissioner, Haryana cause to be prepared roll for each constituency of the Corporation in accordance with these rules on the basis of the electoral roll of the assembly prepared under the provisions of the Representation of People Act, 1950 (Central Act 43 of 1950), for the time being in force for such part of the constituency of the assembly as is included in the relevant electoral division, subject to any amendment, deletion or addition or any inclusion of any name and same shall, be the electoral roll for that constituency of the Corporation.]

(2) The roll shall be prepared in Hindi and in such other language or languages and in such Form as the State Election Commissioner may direct.

Disqualifications for registration in roll.- A person shall be disqualified for registration in a roll if he :-

(a) is not a Citizen of India; or

(b) is of unsound mind and stands so declared by a competent court; or

(c) is for the time being disqualified for voting under the laws relating to corrupt practices and other offences in connection with elections including Parliamentary and State Assembly elections;

(d) is less than eighteen years of age on the qualifying date.

Explanation. - "Qualifying date" in relation to the preparation or revision of electoral roll means the 1st day of January of the year in which it is so prepared or revised.

Qualifications for registration in roll.- (1) Subject to the provisions of rule 5, every person who is not less than 18 years of age on the qualifying date and is ordinary resident in a ward shall be entitled to be registered in the roll for that ward.

(2) A person shall not be deemed to be ordinarily resident in a ward merely on the ground that he owns or is in possession of dwelling house therein. A person absenting himself temporarily from his ordinarily residence shall not by reason thereof cease to be ordinarily resident therein.

(3) No person shall be entitled to be registered in the roll for more than one ward and no person shall be registered in the roll for any ward more than once.

(4) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll on which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.

(5) If in any case a question arises as to where, a person ordinarily resides at any relevant time, the question shall be determined with reference to all the facts of the case.

Preliminary publication of roll.- As soon as the roll of a ward is ready, the Deputy Commissioner shall publish it as draft together with a notice intimating the date by which objections or claims with regard to the roll may be presented to the Revising Authority specified therein. A copy of the roll of each ward and the notice shall be pasted at the office of the Deputy Commissioner, at the office of the Corporation and at such other places as the Deputy Commissioner may determine :

Provided that a period of not less than ten days shall be allowed for filing claims and objections.

Appointment of Revising Authority.- The Deputy Commissioner may appoint any [Gazetted Officer]to be a Revising Authority for the purpose of hearing claims and objections relating to roll and may specify the ward or wards for which he shall be the Revising Authority.
Manner of making and lodging claims and objections.- (1) Every claim shall be -

(a) in Form 'A';

(b) signed by the person desiring his name to be included in the roll; and

(c) countersigned by another person whose name is already included in the roll of the ward in which the claimant desires his name to be included.

(2) Every objection to the inclusion of name in the roll shall be -

(a) in Form B (in duplicate);

(b) preferred only by a person whose name is already included in that roll; and

(3) Every objection to a particular or particulars in an entry in the roll shall be -

(a) in Form C; and

(b) preferred only by a person to whom that entry relates.

(4) Every claim or objection shall be addressed to the Revising Authority and shall be presented, or be sent by registered post to him.

(5) The Revising Authority shall maintain a register of claims in Form 1-A and register of objections in Form 1-B, entering therein the particulars of every claim or objection, as the case may be, as and when it is received.

(6) Any claim or objection, which is not lodged within the period, or in the Form and manner herein specified or is lodged by a person not entitled to lodge the same, shall be rejected.

(7) If an objection or claim is presented by a person to a Revising Authority who is not authorised to receive it, such Revising Authority shall at once return it to the person presenting it for presentation to the appropriate Revising Authority.

(8) Where a claim or objection is not disposed of under sub-rule (6) or sub-rule (7) and the period prescribed for the presentation of claims and objections has expired, the Revising Authority shall forthwith post at his office a list of all claims and objections received together with a notice showing the date on which and the place at which such claims and objections will be heard. One copy of the objection shall be served on the person regarding whom it is made.

Disposal of claims and objections.- (1) On the date and at the place fixed under rule 9, the Revising Authority shall hear and decide the claims and objections according to their merits after hearing the parties concerned or their authorised agents and, in the case of a claim any person who objects to the admission of such a claim and after considering such evidence as may be produced or may appear necessary to him. He shall -

(i) reject any claim or objection which does not comply with any of the provisions of these rules or pass such orders as he may deem fit;

(ii) dismiss any case in which the claimant or objector is not present or is not represented.

(2) Any person aggrieved by any such order may, within three days from the date of the order apply to the Deputy Commissioner for revision and the Deputy Commissioner may, as far as practicable within a week, confirm such order or set it aside or pass such other order with respect to the claim or objection as he may deem fit.

(3) No appeal shall lie from the order passed under the provisions of sub-rule (1) or sub-rule (2) and the orders passed thereunder shall be final.

Final publication of roll.- (1) The Revising Authority, as soon as he has disposed of all the claims and objections presented to him, shall forward a list of such claims and objections alongwith his orders thereon to the Deputy Commissioner who shall cause the roll be corrected, in accordance with the orders passed by the Revising Authority or by him in revision under sub-rule (2) of rule 10 as the case may be and shall republish the roll so corrected or if he deems fit, shall republish the preliminary roll published under rule 7 together with list of additions and corrections prepared in accordance with the said orders.

(2) Any roll republished under the provisions of sub-rule (1), with or without a list of additions and corrections, shall come into force from the date of such republication.

Revision of roll.- (1) The roll shall unless otherwise directed by State election Commissioner, be revised in the prescribed manner before each general election to a Corporation and for any ward before bye-election to fill a casual vacancy in such a ward:

Provided that if for any reason the electoral roll is not revised the validity or continued operation of the existing electoral roll shall not thereby be affected.

(2) The roll for every ward shall be revised under sub-rule (1) either intensively or summarily or partly intensively and partly summarily as the State Election Commissioner may direct.

(3) Where the roll or any part thereof is to be revised intensively it shall be prepared a afresh and Rules 4 to 11 shall apply in relation to such revision as they apply in relation to the first preparation of a roll.

(4) When the roll or any part thereof is to be revised summarily, the Deputy Commissioner shall cause to be prepared a list of amendments to the relevant parts of the roll on the basis of such inFormation as may be readily available and publish the roll together with the list of amendments in draft, and the provisions of Rules 7 to 11 shall apply in relation to such revision as they apply in relation to the first preparation of a roll.

(5) Where at any time, between the publication of draft of the revised roll under sub-rule (3) read with rule 7 or of the roll and the list of amendments under sub-rule (4) and the final publication of the same under rule 11, any names have been decided to be included in the roll for the time being in force under rule 14, the Deputy Commissioner shall cause the names to be included also in the revised roll unless there is in his opinion any valid objection to such inclusion.

Correction of errors in roll.- If the Deputy Commissioner on an application made to him or on his own motion, is satisfied after such enquiry as he thinks fit, that any entry in the roll of a ward -

(a) is erroneous or defective;

(b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the ward; or

(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the ward or is otherwise not entitled to be registered in that roll,

the Deputy Commissioner shall, subject to such general or specified directions, if any, as may be given by the State Election Commissioner in this behalf, amend, transpose or delete the entry:

Provided that before taking any action on any ground under Clause (a), Clause (b) or Clause (c) the Deputy Commissioner shall give the person concerned a reasonable opportunity of being heard before taking the proposed action.

Inclusion of names in the roll finally published.- Any person whose name is not included in the roll of a ward as finally published under rule 11, may apply in Form A, B, C or D as may be appropriate for the inclusion of his name in that roll.
Manner of making application for inclusion of name in roll.- (1) An application under rules 13 or 14 shall be made to the Deputy Commissioner in duplicate in such one of the Forms A, B, C or D as may be appropriate and shall be accompanied by a fee of ten rupees :

Provided that such application shall be addressed to the Deputy Commissioner and presented to him at any time not later than four days from the date of publication of the election programme under rule 21 excluding the date of publication.

(2) The fee specified in sub-rule (1) shall be -

(a) paid by means of non-judicial stamps; or

(b) deposited in a treasury or the State Bank of India in favour of the Deputy Commissioner; or

(3) Where the fee is deposited under clause (b) of sub-rule (2), the applicant shall enclose with the application a treasury receipt and where the fee is paid in cash under clause (c) of sub-rule (2), the applicant shall enclose with the application, the proper printed receipt issued by the Deputy Commissioner in this behalf in proof of the fee having been deposited or paid in cash by him.

(4) The Deputy Commissioner shall immediately on receipt of such application, direct that one copy thereof be pasted in some conspicuous place in this office together with a notice inviting objections to such application within a period of four days from the date of such pasting.

(5) The Deputy Commissioner shall, after the expiry of the period specified in sub-rule (4), consider the objections, if any received by him and shall, if satisfied that the applicant is entitled to be registered in the roll, direct his name to be included therein before the last date for making nomination for election to that ward :

Provided that if the applicant is registered in the roll of any other ward, the Deputy Commissioner shall inForm the Revising Authority concerned of that other ward and the latter shall on receipt of such inFormation strike off the name of the applicant from that roll.

[15A. Identity cards for electors in notified constituencies. - With a view to prevent impersonation of electors and facilitating their identification at the time of poll, the State Election Commission may, by notification in the Official Gazette, direct that the Voter's Identity Card issued by the Election Commission of India shall be adopted for the Municipal Corporation elections in the State and the provisions of rules, instructions and orders made in this regard by the Election Commission of India, subject to such modification as may be issued by the State Election Commission, shall be applicable for production by the electors at the time of poll of Municipal Corporation Election.]

Appeal.- (1) Where an application made under rule 13 or 14 is rejected, an appeal shall lie, within a period of seven days from the next day of the date of rejection of such application, to the State Election Commissioner.

(2) Every appeal under sub-rule (1) shall be -

(a) in the Form of memorandum signed by the applicant;

(b) accompanied by a copy of the order appealed against; and

(3) The decision in appeal shall be final.

(4) The Deputy Commissioner shall cause such amendments to be made in the roll as may be necessary to give effect to the decision of the State Election Commissioner.

Custody and preservation of rolls and connected papers.- (1) After the roll for a Municipal area or any of its ward has been finally published, the following papers shall be kept in the office of the Deputy Commissioner or at such other place as the State Election Commissioner may by order specify until the expiration of one year after the completion of the next intensive revision of that roll -

(a) one complete copy of the roll and complete manuscript roll and duplicating pasting files;

(b) all claims and objections to the draft roll;

(d) all applications submitted to the Deputy Commissioner under rule 10;

(e) all applications submitted to the Deputy Commissioner under rule 14;

(f) all decisions and directions of the Revising Authority;

(g) all appeals submitted to the State Election Commissioner against the orders of the Deputy Commissioner.

(2) One complete copy of the electoral roll for each ward duly authenticated by the Deputy Commissioner shall be kept at such place as the State Election Commissioner may specify for a period of six years from the date of its final publication.

Inspection of roll and connected papers.- Every person shall have the right to inspect the election papers referred to in rule 17 and to get attested copies thereof on payment of such fee as may be fixed by the State Election Commissioner.
Disposal of roll and connected papers.- The papers referred to in rule 17 shall on the expiry of the period specified therein, be disposed of in such manner as the State Election Commissioner may, in consultation with the State Government, direct.

Part III

Notification of symbols.- (1) The State Election Commissioner shall by notification in the Official Gazette, publish list of symbols along with the restrictions, if any, subject to which those may be chosen by the candidates at the election and may, in the like manner, add to or vary such list.

(2) In such ward every nomination paper delivered under rule 24 shall also contain a declarations specifying the particular symbol which the candidate has chosen for his first preference, out of the list of symbols for the time being in force under sub-rule (1) and also specifying two other symbols out of that list which he has chosen for his second and third preference respectively:

Provided that the choice to the made by a candidate under this sub- rule shall be subject to such restrictions as the State Election Commissioner may think fit to impose in that behalf.

Election programme and appointment of Returning Officers.- (1) The State Election Commissioner shall frame a programme for elections hereinafter referred to as the "election programme" of a Municipal area.

(2) The election programme shall be published at least [5] clear days before the first day fixed for making nominations and it shall specify the date or dates on, by or within which -

(i) the nomination papers shall be presented :

Provided that a period of not less than five days shall be given for presentation of nomination papers;

(ii) the list of nomination papers shall be posted;

(iii) the nomination papers shall be scrutinised;

[(iv)]

[(v)]

(vi) a candidate may withdraw his candidature;

(vii) the list of contesting candidates shall be posted;

(viii) the list of polling stations shall be posted;

(ix) the poll shall be held :

Provided that the date of poll shall not be earlier than the [seventh] day after the last date fixed for the withdrawal of candidatures ;

(x) the ballot papers shall be counted (here time and place fixed for the purpose shall also be specified; and

(xi) the result of election shall be declared.

(3) The State Election Commissioner shall authorise the Deputy Commissioner to designate a Returning Officer who shall be an officer of the Government.

(4) The Deputy Commissioner may appoint one or more Assistant Returning Officers to assist Returning Officers in the perFormance of his functions.

(5) 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 relate to the scrutiny of nomination papers unless the Returning Officer is unavoidably prevented from perForming the said functions.

(6) The election programme shall be published atleast ten clear days before the first date for making nominations, by posting a copy of it at the office of the Deputy Commissioner, at the office of the Corporation and at such other conspicuous places in the Municipal areas as may be determined by the Deputy Commissioner in this behalf. The last date for making nomination papers, their scrutiny and withdrawal shall not be a public holiday. If in any case the last date happens to be a public holiday such nominations, scrutiny or withdrawal shall take place on the next succeeding day which is not a public holiday.

(7) Subject to the provisions of sub-rule (6) the State Election Commissioner may, by an order, amend, vary or modify the election programme at any time :

Provided that unless the State Election Commissioner otherwise directs, no such order shall be deemed to invalidate any proceedings already taken before the date of the order.

Dates to be fixed for nomination of candidates and scrutiny of nominations.- The Returning Officer shall on the date specified under rule 21, by notices posted at his office and at the office of the Corporation, and at such other places as he may determine :-

(a) invite nomination papers of candidates for election;

(b) fix the date, time and place where and how the nomination paper shall be delivered;

(d) fix the date, time and place for the scrutiny of nomination papers of candidates.

Explanation. - The dates fixed under clauses (b) and (d) shall be the same as specified under rule 2 in this behalf.

Disqualifications for members.- (1) A person shall be disqualified for being chosen as, and for being a member of the Corporation if he incurs any of the disqualification as mentioned in section 8.

(2) No person shall be eligible for election as a member of the Corporation who, in the case of a seat reserved for Schedule Caste, Backward Classes or woman, is not a member of any of these categories.

Nomination of candidates.- (1) Any person, not ineligible for membership of the Corporation under the provisions of rule 23 or of any other rules or of the Ordinance or of any other Act, may be nominated as a candidate for election.

(2) On or before the date specified for the nomination of candidates under rule 22 between the hours of eleven O'clock of the forenoon and three O'clock of the afternoon or such other hours as the Returning Officers may fix to suit local requirement, each candidate shall, either in person or by his proposer or by an agent and unless such agent is a legal practitioner, his authorisation as such duly verified by a magistrate, sub- registrar of the registration department, Lambardar, deliver to the Returning Officer at the specified place, a nomination paper completed in Form 1 appended to these rules and subscribed by the candidate himself as assenting to the nomination and by an elector as proposed.

(3) In a ward where a seat is reserved for the Scheduled Castes or backward classes or for woman a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contain declaration by him and verified by any of the authorities mentioned in sub-rule (2) that the candidate is a member of the Schedule Caste, backward class or a woman for which the seat has been so reserved. The declaration should also specify the particular caste of which the candidate is a member.

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

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

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

Provided that the Returning Officer may -

(a) permit any clerical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them in conFormity with the corresponding entries in the roll; and

(b) where necessary direct that any clerical or printing error in the said entries shall be overlooked.

[24A. Form of affidavit to be filed at the time of delivering nomination papers. - The candidate or his proposer, as the case may be, shall, at the time of delivery of nomination papers to the Returning Officer or Assistant Returning Officer or before 10.00 A.M. on the date of scrutiny of nomination papers under sub-rule (1) or rule 24, also deliver to him affidavit sworn in by the candidate before a Magistrate of the first class or a Notary in the Form as specified by the State Election Commission.]

Deposit to be made by candidate.- (1) The nomination paper of a candidate shall not be deemed to have been duly delivered unless at the time of delivery of the same under rule 24, the candidate has either deposited or causes to be deposited asum shown in the table below with the Deputy Commissioner in cash or enclose with the nomination paper a receipt showing that the said sum has been deposited in the treasury, or Government promissory notes of equal value at the market rate of the day :

Table

Amount of Deposit
If the candidate is not a member of the Scheduled Caste, Backward Class or a Woman	If the candidate is a member of the Scheduled Caste, Backward Class or a Woman
1	2
Rs. 3000.00	Rs. 1500.00

[Provided that where a candidate has filed more than one nomination paper for election in the same ward, not more than one deposit shall be required of him under this sub-rule.]

(2) The deposit made under sub-rule (1) shall be returned to the person by whom it was made if -

(a) the nomination paper in respect of which it has been made is rejected; or

(b) the candidate on whose behalf the deposit has been made withdraws his candidature within the time specified under rule 29; or

(d) the candidate has been elected, or the number of votes polled for him exceed one-eighth of the total number of votes polled.

(3) In all other cases, the deposit referred to in sub-rule (1) shall be forfeited to the Government.

Explanation. - For the purpose of clause (d), the number of votes polled shall be deemed to be the number of ballot-papers other than rejected ballot-papers counted.

(4) The deposit shall, if it is not forfeited under sub-rule (3), be retuned to the candidate or the person, who has made the deposit in his behalf, as the case may be. In case the person who made the deposit dies, the deposit shall be returned to his legal representatives :

Provided that, if a candidate has filed nomination paper at an election in more than one ward, not more than one of the deposits made by him or on his behalf shall be returned and the remainder shall be forfeited to the Government.

Notice to nominations, of time and place for scrutiny.- The Returning Officer shall, on receiving the nomination papers under sub-rule (1) of Rule 24 inForm the person or persons delivering the same, of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper, its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him and shall, as soon as may be thereafter, cause to be affixed in 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.
List of nominations to be posted.- The Returning Officer shall, on the date specified under rule 21 in this behalf post at his office and at the Corporation office a list of all the candidates whose nomination papers have been presented under rule 24, together with descriptions, similar to those contained in the nomination papers, both of the candidates and of proposers.
Scrutiny of nominations.- (1) On the date fixed for the scrutiny of nominations under rule 22, the candidate, one proposer and one other person duly authorised in writing by the candidate, but no other person, may attend at such time and place as the Returning Officer may appoint and all reasonable facilities shall be given to them for examining the nomination papers of all candidates whose names are included in the list of candidates posted under rule 27.

(2) After the procedure laid down under sub-rule (i) is over, the Returning Officer shall examine the nomination papers and shall decide all objections such may be made to any nomination and may, either on which objection or on his own motion, after such summary enquiry, if any, as he may deem necessary, reject any nomination if he is satisfied that -

(a) the candidate was on the date fixed for the nomination of candidates ineligible for election under the provisions of rule 23 or of any other rules or of the Ordinance or any other Act and had not before that date been exempted by the Government from any disqualification imposed upon him;

(b) the proposer was not qualified to subscribe the nomination paper under these rules;

(d) the candidate or any proposer is not identical with the person whose number on the roll is given in the nomination paper as the number of such candidate or proposer, as the case may be; and

(e) the signatures of any candidate or of any proposer are not genuine or has been obtained by force or by fraud.

(3) Nothing contained in clauses (b), (c) or (e) 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) No nomination shall be rejected under clause (d) of sub-rule (2) if a summary enquiry is sufficient to establish the identity of the candidate or the proposer.

(5) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting it. In case a nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection. An attested copy of the decision accepting or rejecting a nomination paper shall be supplied by the Returning Officer on the same day on an application having been made by a person who is entitled to be present at the time of scrutiny of nomination paper.

[-]

Withdrawal of candidature.- Any candidate may withdraw his candidature by notice in writing and delivered to the Returning Officer before three O'clock in the afternoon or such other hours as the Returning Officer may fix to suit local requirements on or before the date specified under rule 21 in this behalf and no person who has thus withdrawn his candidature shall be allowed to cancel his withdrawal or to be renominated as a candidate for the same election in the same ward.
Assignment of Symbols to candidates.- (1) If in any ward a poll becomes necessary, under rule 32, the Returning Officer shall before preparing a list of contesting candidates under rule 31, consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall, subject to any general or special directions issued in this behalf by the State Election Commissioner, assign a different symbol to each contesting candidate in conFormity, as far as practicable, with his or her choice. If more contesting candidates than one have indicated their preference for the same symbol, the Returning Officer shall decide by lot to which of such candidates the symbol will be assigned.

(2) The assignment by the Returning Officer of any symbol to a candidate shall be final except where it is inconsistent with any directions, issued by the State Election Commissioner in which case the State Election Commissioner may revise the assignment in such manner as it thinks fit.

(3) Every candidate or his or her agent shall forthwith be inFormed of the symbol assigned to him or her and be supplied with a specimen thereof by the Returning Officer.

List of contesting candidates.- (1) Immediately after the expiry of the period within which candidatures may be withdrawn under rule 29, the Returning Officer shall prepare in Hindi and in such other language or languages as may be prescribed by the State Election Commissioner a list of contesting candidates, that is to say, candidates who were included in the list of validly nominated candidates, and who have not withdrawn their candidature within the prescribed period and cause it to be posted at some conspicuous places in his office and at the Corporation office.

(2) The said list shall contain the names in Hindi in alphabetical order and addresses of the contesting candidates as given in the nomination papers together with the symbols assigned to each candidate, if poll is necessary, under rule 33.

Candidate deemed to be elected if the number is one.- (1) If there is only one candidate in any ward, the Returning Officer shall declare such candidate to be duly elected, to fill the vacancy.

(2) If there is no candidate to be elected the State Election Commissioner shall frame fresh election programme under rule 21 to elect person to fill the vacancy.

Poll to be taken if number of candidates is more than number of vacancies.- If the number of contesting candidates in any ward is more than one, a poll shall be taken.
Death of a candidate before poll.- If a candidate dies before the poll and after the date fixed for the nomination of candidates and his nomination is or has been accepted as valid by the Returning Officer, all proceedings with reference to the election of a member in the ward or wards in which he was a candidate shall be commenced anew in all respects as if for a fresh election :

Provided that no fresh nomination shall be necessary in the case of a candidate whose name is entered on a list of contesting candidates posted under the provisions of rule 31.

List of polling stations to be published, polling officers to be appointed and ban on meetings.- (1) The Returning Officer shall provide such number of polling stations as he may deem necessary and shall on the date specified under rule 21 in this behalf post at his office and at the office of the Corporation a list showing the polling stations so provided, the polling area or the group of voters for which they have respectively been provided and the hours during which they shall remain open for the poll.

(2) No person shall be permitted to vote except at the poling station of the area to which according to the poll he belongs and within the period for which the polling station remains open.

(3) The Returning Officer shall appoint a Presiding Officer for each polling station and such number of polling officers as are considered necessary and if before or at the time of the poll the Presiding Officer or the Polling Officer refuses to act or becomes incapable of acting as such, the Returning Officer shall appoint another person to act as Presiding Officer or Polling Officer, as the case may be, and the Returning Officer may, at any time, if he thinks fit, appoint any other person so to act in place of any person previously appointed.

(4) The Presiding Officer shall in addition to perForming any other duties imposed upon him by these rules be in general charge of all arrangements at the polling station and may issue orders as to the manner in which persons shall be admitted to the polling station and generally for the preservation of peace and order at or in the vicinity of the Polling Station.

(5) No person shall convene, hold or attend any public meeting within the Corporation limits in any area of which poll is to be taken, during the period of forty-eight hours ending with the hours fixed for the conclusion of the poll for any election in the polling area.

Design of ballot boxes.- Every ballot box shall be of such design as may be approved by the State election Commissioner.
Form of ballot papers.- (1) Every ballot paper shall have a counter-foil attached thereto and the said ballot paper and the counter-foil shall be in such Form, and the particulars therein shall be in Hindi and in such other language or languages as the State Election Commissioner may direct.

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

(3) 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.

Material to be supplied at polling station.- The Deputy Commissioner shall provide at each polling station sufficient number of ballot boxes, copies of the relevant part of the electoral roll, ballot papers, instruments for stamping the distinguishing mark on ballot papers, articles necessary for electors to mark the ballot papers and any other article necessary during the process of poll.
Arrangements at polling stations.- (1) Outside each polling station there shall be displayed prominently -

(a) a notice specifying the polling area the electors of which are entitled to vote at the polling station and where the polling area has more than one polling station, the particulars of the electors so entitled; and

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

(2) At each polling station, there shall be set up one or more voting compartments in which electors can record their votes screened from observation.

Appointment of polling agents.- (1) The number of polling agents that may be appointed shall be one agent and two relief agents.

(2) Every such appointment shall be made in Form 2 and shall be made over to the polling agent for production at the polling station.

(3) No polling agent shall be admitted into the polling station unless he has delivered to the presiding officer the instrument of his appointment under sub-rule (2) after duly completing and signing before the Presiding officer the declaration contained therein.

[40A. Appointment of election agent. - A candidate at an election may appoint an election agent in Form 2A and a notice of such appointment shall be given by forwarding the same in duplicate to the Returning Officer, who shall return one copy thereof to the election agent after affixing therein his seal and signature in token of his approval of the appointment.

40B. Appointment of counting agent. - (1) A contesting candidate or his election agent may appoint not more than one counting agent in respect of each counting table at the place or at each of the places fixed for counting, to be present as his agents at the time of counting of votes of the ward in which he is a candidate.

(2) Every appointment of counting agent shall be made in Form 2B and a copy thereof shall be forwarded to the Presiding Officer where the counting is to be made at the polling station itself and to the Returning Officer, in cases where the counting of all the votes polled at all the polling stations of a ward is to be made at one place. Another copy shall be made over to the counting agent for production before the Presiding Officer or the Returning Officer, as the case may be, not later than an hour before the time fixed for counting of votes.

(3) No counting agent shall be admitted into the place fixed for counting unless he has delivered to the Presiding Officer or the Returning Officer, as the case may be, the second copy of his appointment under sub-rule (2) after duly completing and signing the declaration contained therein and receiving from the Presiding Officer or the Returning Officer an authority for entry into the place fixed for counting.]

Admission to polling stations.- The Presiding officer shall regulate the number of electors to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than -

(a) polling officer;

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

(d) candidates and one polling agent of each candidate;

(e) a child in arms accompanying an elector;

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

(g) such other persons as the Returning Officer or the Presiding Officer may employ under sub-rule (2) of rule 42 or rule 43.

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

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

Staff for identification of electors.- The Presiding Officer may employ at the Polling Station such person as he thinks fit to help in the identification of the electors or to assist him otherwise in taking the poll.
Preparation of ballot boxes for poll.- (1) The Presiding Officer shall secure and seal the ballot box in such manner that the slit for insertion of ballot papers remains open and shall allow the polling agents present to affix, if they so desire, their seals.

(2) Every ballot box used at a polling station shall bear labels, both inside and outside, marked with -

(a) name of Corporation;

(b) ward number;

(d) serial number of the ballot box (to be filled in at the end of the poll on the label outside the ballot box only);

(e) the date of the poll; and

(f) place of the poll.

(3) 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 lables referred to in sub-rule (2).

(4) The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer and the polling agents.

Marked copy of electoral roll.- Immediately before the commencement of the poll, the Presiding Officer shall also demonstrate to the polling agents and others present that the marked copy of the roll to be used during the poll does not contain any mark against any elector entered therein.
Identification of electors.- (1) As each elector enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf shall check the elector's name and other particulars with the relevant entry in the roll and then call out the serial number, name and other particulars of the elector.

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

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

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

(a) warn the person challenged of a penalty for personation;

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

(d) require him to affix his signature in the said list.

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

(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;

(b) put to the person challenged any questions necessary for the purpose of establishing his identity and require him to answer them on oath; and

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

(5) If the Presiding officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to the Government, and in any other case, he shall return it to the challenger at the conclusion of the enquiry.

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

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

(3) Any reference in this rule to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, be construed as a reference to any other finger of his left hand, and shall in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger of his right hand, and shall in the case where all his fingers of both the hands are missing be construed as a reference to such extremity of his left or his right arm as he possesses.

Right to vote.- (1) Only an elector is entitled to vote in the election.

(2) No person shall vote in more than one ward and if a person votes in more than one ward his votes in all such wards shall be void.

(3) No person shall be qualified for voting if he has been convicted of an offence punishable with imprisonment under section 171-E or 171-F of the Indian Penal Code (Act 45 of 1860), unless a period of six years has elapsed from the date of conviction or the Government has, for reasons to be recorded in writing, removed such disqualification in any particular case.

[50. Voting by marking ballot papers or voting machines. - The voting shall be given by marking the ballot paper or by giving and recording of votes by voting machines, as the State Election Commission may, having regard to the circumstances of each case, specify.

Explanation. - For the purpose of this rule "voting machine" means any machine or apparatus whether operated electrically or otherwise used for casting or recording of votes and any reference to a ballot box or ballot paper in the Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.]

Voting to be in person and not by proxy.- Voting shall be in person and not by proxy.

[51A. Voting by postal ballot. - (1) An elector on election duty who wishes to vote by post shall send an application in Form No. 9 to the Returning Officer of the constituency in which he is enrolled, for supply of postal ballot paper at least ten days before the date fixed for poll.

(2) The Form and the language of postal ballot paper shall be such as the State Election Commission may direct.

(3) The Returning Officer shall send postal ballot paper to the electors, who have applied under sub-rule (1), by post under certificate of posting at least seven days before the date of poll. These can also be delivered to them against personal acknowledgement on proper identification.

(4) The elector shall mark his choice on the postal ballot paper, complete such other Formalities as may be necessary according to the directions sent with the ballot paper and return the ballot paper to the Returning Officer so as to reach him before the hour fixed for close of poll at the polling stations.

(5) The Returning Officer shall mark "POSTAL BALLOT" against the name of the elector on the marked copy of the electoral roll."]

Issue of ballot papers to electors.- (1) Every ballot paper before it is issued to an elector, and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the State Election Commissioner may direct, and every ballot paper, before it is issued, shall be signed in full on its back by the Presiding Officer.

(2) At the time of issuing a ballot paper to an elector, the Polling Officer shall record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the roll of the concerned ward of the Corporation, obtain the signature or thumb impression of the elector on the said counterfoil and mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him, without however recording therein the serial number of the ballot paper issued to that elector :

Provided that no ballot paper shall be delivered to an elector unless he has put his signatures or thumb impression on the counterfoil of the ballot paper :

Provided further that it shall not be necessary for the Presiding Officer or Polling Officer or any other Officers to attest the signatures or the thumb impression of the elector on the counterfoil.

(3) No person in the polling station shall note down the serial number of the ballot papers issued to particular elector.

Maintenance of secrecy of voting by electors within polling station and voting procedure.- (1) Every elector to whom a ballot paper has been issued under these rules, shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.

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

(a) proceed to one of the voting compartments;

(b) make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intended to vote;

(d) if required, show to the Presiding Officer the distinguishing mark on the ballot paper;

(e) insert the folded ballot paper into the ballot box; and

(f) quit the polling station.

(3) Every elector shall note without undue delay.

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

(5) If an elector to whom a ballot paper has been issued, refuses, after warning given by the Presiding Officer, to observe the procedure as laid down in sub-rule (2), the ballot paper issued to him shall whether he has recorded his vote thereon or not, be taken back from him by the Presiding Officer or a Polling Officer under the direction of the Presiding Officer.

(6) After the ballot paper has been taken back the Presiding Officer shall record on its back the words "Cancelled Voting Procedure violated" and put his signatures below these words.

(7) All the ballot papers on which the words "Cancelled Voting Procedure violated" are recorded, shall be kept in a separate cover which shall bear on its face the words "Ballot paper; Voting procedure violated".

(8) Without prejudice to any other penalty to which an elector, from whom a ballot papers has been taken back under sub-rule (5), may be, liable, to the vote, if any, recorded on such ballot paper shall not be counted.

Recording of votes of blind or infirm electors.- (1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmity, an elector is unable to recognise the symbols on the ballot paper or to make a mark thereon without assistance, the Presiding Officer shall permit the elector to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote 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 vote and inserting it into the ballot box :

Provided that no person shall be permitted, to act as the companion of more than one elector, at any polling station on the same day :

Provided further that before any person is permitted to act as the companion of an elector on any day under this rule, the person shall be required to declare that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any polling station on that day.

(2) The Presiding Officer shall keep a record in Form 4 of all cases under this rule.

(3) The Presiding Officer shall, when he is so requested by the companion of an elector, explain to him the instructions for the recording of votes.

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

(2) If an elector after obtaining a ballot paper decides not to use it, he shall return it to the Presiding Officer, and the ballot so returned and the counterfoil of such ballot paper shall be marked as "Returned : Cancelled" by the Presiding Officer.

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

Tendered votes.- (1) If a person presenting himself to be a particular elector applies for a ballot paper after another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, be entitled, subject to the following provisions of this rule, to make a ballot paper (hereinafter in these rules referred to as a "tendered ballot paper") in the same manner as any other elector may choose.

(2) Every such person shall before being supplied with a tendered ballot paper sign his name against the entry relating to him in a list in Form 5.

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

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

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

(4) The elector, after marking a tendered ballot paper in the voting compartment and folding it, shall instead of putting it into the ballot box, give it to the Presiding Officer, who shall place it in a cover specially kept for the purpose.

Closing of poll.- (1) Except as provided in sub-rule (3), the Presiding Officer, shall close the polling station at the hour fixed in that behalf under sub-rule (1) of rule 35 and shall not thereafter admit any elector into the polling station:

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

(2) If any question arises whether an elector was present at the polling station before it was closed it shall be decided by the Presiding Officer and his decision shall be final.

(3) If for any reason it was not possible to open the polling station at the hour fixed under sub-rule (1) of rule 35, or if by reason of disorder at the polling station, or for any other reason the Presiding Officer has considered it necessary to stop the polling for a certain time, the Presiding Officer shall keep the polling station open for a period equal to the period that elapsed between the hour appointed for the opening of the polling station and the hour at which it was actually opened or the time during which polling was stopped, as the case may be.

(4) If polling is to take place on more than one day at any polling station in respect of the election in any one ward the Presiding Officer shall in the presence of candidates or their agents, who may be present, close the slit of each ballot box and where a box does not contain any mechanical device for closing the slit, seal up the slit and secure the ballot boxes used at the polling station during the day and shall then hand them over to the officer incharge of the police station for safe custody.

Account of ballot-papers.- Immediately after the close of poll at a polling station and before commencement of counting of votes under rule 60 is taken, the Presiding Officer shall prepare an account of ballot papers in Form 6 showing total number of ballot papers received, used and unused, including tendered and also the number of ballot papers found in the ballot boxes. This account shall be forwarded to the Deputy Commissioner alongwith the packets stated in rule 66.
Fresh poll in case of destruction etc. of ballot boxes.- (1) If at any election any ballot box used at a polling station or at any other place fixed for the poll is unlawfully taken out of the custody of the Presiding Officer or is accidentally or intentionally destroyed or lost, or damaged or tampered with and the Returning Officer is satisfied that in consequence thereof the result of the poll of that polling station or place cannot be ascertained, he shall report the facts to the State Election Commissioner who, shall -

(a) declare the polling at that polling station to be void;

(b) appoint a day and fix the hours for taking a fresh poll at the polling station; and

(2) The provisions of these rules shall apply to every fresh poll as they apply to the original poll.

Counting of Votes.- (1) On the date and time specified under rule 21 and subject to such general or special directions, if any, as may be given by the State Election Commissioner in this behalf, the Presiding Officer in the presence of the Polling Officers and of such candidates or their agents, if any, as may be present, shall have the ballot papers taken out of the ballot boxes used at the polling station, get them mixed together and then arrange in convenient bundles and scrutinised.

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

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

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

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

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

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

(g) if it bears a serial number, or is of a design different from the serial numbers, or, as the case may be, design, of the ballot papers authorised for use at the particular polling station;

(h) if it does not bear both the distinguishing mark and the signature which it should have borne under the provisions of sub-rule (1) of rule 52.

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

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

(3) Before rejecting any ballot paper under sub-rule (2) the Presiding Officer shall allow each candidate or his agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper.

(4) The Presiding Officer shall endorse on every ballot paper which he rejects, the word "Rejected" and the grounds of rejection in abbreviated Form in his own hand and shall initial such endorsement.

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

(6) Every ballot paper which is not rejected under this rule shall be counted one valid vote:

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

(7) If under any circumstances the counting of ballot papers of any ward of the Corporation is postponed, the Ballot Boxes used in each ward of the Corporation shall be kept in safe custody by the Deputy Commissioner as per the directions of the State Election Commissioner.

Counting to be continuous.- (1) The Presiding 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 ballot papers, packets and other documents relating to the election sealed with his own seal and the seals of such candidates or agents as may desire, to affix their seals and shall cause adequate precautions to be taken for their safe custody.

(2) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed, the Presiding Officer shall fill in and sign the result of counting, in Form 7, announce the particulars and unless there is recounting of votes shall transmit the same to the Returning Officer.

Recount of votes.- (1) After the announcement under sub-rule (2) of rule 61 a candidate or in his absence his agent may apply in writing to the Presiding Officer or the Returning Officer to recount the votes either wholly or in part stating the grounds on which he demands such recount.

(2) On such an application being made, the Presiding Officer or the Returning Officer, as the case may be, shall decide the matter and may allow the application in whole or in part or may reject it in toto if it appears to him to be frivolous or unreasonable.

(3) Every decision of the Presiding Officer or the Returning Officer as the case may, under sub-rule (2) shall be in writing and contain the reasons therefor.

(4) If the Presiding Officer or the Returning Officer, as the case may be, under sub-rule (2) to allow a recount of votes either wholly or in part, he shall :

(a) arrange recounting of the ballot papers in accordance with his decisions;

(b) amend the result sheet in Form 7 to the extent necessary after such recount; and

(5) No application for recount shall be entertained after the declaration of results under rule 63.

Declaration of results and procedure in case of tie.- When the counting of votes has been completed and if no fresh poll is required to be held in that ward the Returning Officer shall forthwith consolidate the account of ballot papers in Form 8 and declare the result in the following manner :-

(a) The candidate who is found to have obtained the largest number of valid votes shall be declared to have been elected.

(b) If, after consolidating the result in Form 8, a tie is found to exist between the candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and the candidate on whom the lot falls shall be considered to have received an additional vote and shall be declared to be duly elected.

Preparation of return and notification of members in the official Gazette.- When the result has been declared under rule 63 the Returning Officer shall forthwith prepare a return showing the names of the candidates, the number of votes recorded for each and the names of the candidates declared to have been elected and shall forthwith post a copy of the return in a conspicuous place at his office and send a copy thereof to the Deputy Commissioner. The Deputy Commissioner shall immediately forward the names of the candidates elected to the State Election Commissioner, who shall notify the same in the official Gazette as required under the provision of section 14.
Choice of seat in case of election to more than one seat.- Any candidate who is elected in more than one ward shall by notice in writing signed by him and delivered to the Deputy Commissioner within seven days of the publication of the result of election in the official Gazette, choose for which of these wards he shall serve, if he does not deliver such notice within the aforesaid period, the Deputy Commissioner shall within fourteen days from the date of the publication of the result declare for which ward he shall serve. Such choice or declaration, as the case may be, shall be final. Resulting vacancy or vacancies in the ward or wards not chosen or declared, shall be filled under Rule 68.
Election papers to be forwarded to Deputy Commissioner.- (1) The Presiding Officer shall seal up in separate packets on the outside of which shall be endorsed a description of their contents and forward to the Deputy Commissioner :-

(a) the marked copy of the roll;

(b) the counterfoils of the used ballot papers;

(d) the unissued ballot papers;

(e) the ballot papers cancelled for violation of voting procedure;

(f) any other cancelled ballot papers;

(g) the cover containing the tendered ballot papers and the tendered votes list;

(h) the list of challenged votes;

(i) account of ballot papers;

(j) the ballot papers counted as valid; and

(k) any other packet(s) prescribed by the State Election Commissioner.

(2) The Presiding Officer shall allow candidate or his agent, who may desire, to affix his seal on each or any of the said packets.

Custody of election papers.- (1) The Deputy Commissioner shall retain the packets forwarded to him under the provisions of rule 66 in his custody until the expiry of one year from the date of the election and shall then, subject to any direction to the contrary made by the State Election Commissioner or a competent court or a person appointed to hold an enquiry into an election under Part-V of these rules, cause them to be destroyed.

(2) A candidate may apply to the Deputy Commissioner for inspection or supply of certified copies of any documents relating to an election other than ballot papers, counter-foils of the used ballot papers and the marked copy of the roll referred to in rule 66, on payment of a fee at the same rate as is charged in the State for the inspection of a document Forming part of a record of a case dealt with by a Revenue Officer or for supply of a copy of an order by a Revenue Officer, as the case may be, and such copies shall be supplied in accordance with the procedure to be followed for a similar application in respect of a case dealt with by a Revenue Officer.

Filling of casual vacancies.- (1) Election to fill a casual vacancy shall be conducted and completed within six months from the date of occurrence of the vacancy in the manner, prescribed in these rules for a general election and the programme of the election shall be framed as soon as may be convenient and the electoral roll in force under the provisions of rule 11 or 12, as the case may be, shall be deemed to be the roll for the purpose holding the election ;

Provided that no election shall be held to fill casual vacancy occurring within six months prior to the holding of a general election.

(2) Every person elected or nominated to fill casual vacancy shall be elected or nominated to serve for the remainder of his predecessor's term of office, if the vacancy be a vacancy reserved for any category, the vacancy shall be filled from the same category.

Appointment of Officers to perForm functions of Deputy Commissioner.- If on account of illness, absence from headquarters or any other reason, the Deputy Commissioner is unable to perForm any of his functions under these rules he may by order in writing appoint any Assistant Commissioner or Extra Assistant Commissioner to perForm such functions on his behalf.
Final Authority for interpretation of these rules.- If any question arises regarding the interpretation of these rules, otherwise than in connection with an election petition which has actually been presented, it shall be referred by the person interested or the official concerned to the Deputy Commissioner who if he thinks fit, may refer it to the Government whose decision shall be final.

[70A. Voting and counting of votes by voting machines. - In relation to voting and counting of votes, custody, inspection and disposal of election papers etc., where voting machine is used, the provisions of rules in Part III, except the rules 36, 37, 39, 41, 44, 46, 51A, 53, 54, 56, 58, 59, 60, 66 and 67, shall, in so far as may be, applymutatis mutandis and any reference in those provisions to ballot paper shall be construed including a reference to such electronic voting machine.

70B. Arrangement at polling station. - (1) There shall be displayed outside each polling station -

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

(b) another notice in Hindi giving the names of each candidate in the same order in which the names of such candidates appear in the list of contesting candidates published under rule-31 together with the description of symbol which has been assigned to each candidate under rule 30.

(2) At each polling station, there shall be set up one or more voting compartments in which the voters can record their votes free from observation.

(3) The Returning Officer shall provide at each polling station one electronic voting machine, copies of the relevant part of the electoral roll and such other articles and materials necessary for voters to vote.

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

70C. Design of electronic voting machine. - Every electronic voting machine (hereinafter referred to as the "voting machine") shall have a control unit and a balloting unit and shall be of such design as may be approved by the State Election Commission.

70D. Preparation of voting machine by Returning Officer. - Subject to the provisions of rule 37, the Returning Officer shall -

(a) fix the ballot paper containing the names and symbols of the contesting candidates in the balloting unit and secure that unit with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same;

(b) set the number of contesting candidates and close the candidate set section in the control unit and secure it with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same.

70E. Preparation of voting machine for poll. - (1) For securing the control unit of voting machine, the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the candidates, election agents and polling agents present as 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 control unit of voting machine and shall secure and seal the same.

(3) The seal used for securing the control unit of voting machine shall be fixed in such manner that after the unit has been sealed, it is not possible to press the "result section" without breaking the seal.

(4) Every control unit and balloting unit of the voting machine used at a polling station shall bear labels, both inside and outside marked with -

(a) the ward number and name or municipal corporation;

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

(d) the date of poll.

(5) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and other persons present that no vote has been already recorded in the voting machine and it bears the labels as referred to in sub-rule (4).

(6) The control unit shall be closed, sealed and secured and placed in full view of the Presiding Officer and the candidates, election agents and polling agents present and the balloting unit placed in the voting compartment.

70F. Form of ballot paper. - (1) Every ballot paper shall be in such Form a may be specified by the State Election Commission.

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

(3) The particulars on the ballot paper shall be in Hindi in Devnagri script.

(4) The ballot papers shall be serially numbered.

(5) The symbol allotted to the candidates under rule 30 shall be shown alongside the name of the candidates on the ballot paper.

(6) The space allotted to each candidate on the ballot paper shall have the same dimension.

(7) 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.

70G. Procedure for voting by voting machines. - (1) Before permitting a voter to vote, the Polling Officer shall -

(a) record the electoral roll number of the elector as entered in the marked copy of the electoral roll in a register of voters in Form 11;

(b) obtain the signature or thumb impression of that voter on the said register of voters; and

(c) mark the name of the elector in the marked copy of the electoral roll to indicate that he has been allowed to vote :-

Provided that no elector shall be allowed to vote unless he has put his signature or thumb impression on the register of voters.

(2)(a) Before permitting an elector to vote, the Presiding Officer shall cause a mark to be put on the left forefinger of the voter with an indelible ink :-

Provided that where such a mark already exists on the left forefinger of the elector, it shall be deemed that he had cast his vote already at the election and shall not be permitted to vote :

Provided further that no elector shall be allowed to vote unless he has allowed a mark to be put on his left forefinger with indelible ink.

(b) Any reference in clause (a) of this sub-rule to the left forefinger of an elector shall in the case where the elector has his left forefinger missing, be construed as a reference to any other finger of his left hand and shall in the case where all the fingers of his left hand are missing be construed as a reference to the forefinger of the right hand and shall, in case the fingers of both the hands are missing, be construed as a reference to such extremity of the left or right arm as he possesses.

(3) It shall not be necessary for any Presiding Officer or Polling Officer or any other officer to attest the thumb impression of the voter on the register of voters.

70H. Procedure for voting and secrecy of voting. - (1) Every elector who has been permitted to vote under rule 70G shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.

(2) Immediately on being permitted to vote, the elector shall proceed to the Presiding Officer or the Polling Officer in charge of the control unit of the voting machine who shall, by pressing the appropriate button on the control unit, activate the balloting unit, for recording of the elector's vote.

(3) The elector shall, thereafter, forthwith -

(a) proceed to one of the voting compartments;

(b) record his vote by pressing the button on the balloting unit against the name and symbol of the candidate for whom he intends to vote; and

(4) Every elector shall vote without undue delay.

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

(6) If an elector who has been permitted to vote under rule 70G refuses after warning given by the Presiding Officer, to observe the procedure as laid down in sub-rule (3), the Presiding Officer or a Polling Officer under the direction of Presiding Officer shall not allow such elector to vote.

(7) Where an elector is not allowed to vote under sub-rule (6), a remark to the effect that voting procedure has been violated, shall be made against the name of the voter in the register to voters in Form 11 by the Presiding Officer under his signature.

70I. Presiding Officer's entry in the voting compartment during poll. - (1) The Presiding Officer may, whenever he considers it necessary to do so, enter the voting compartment during poll and take such steps as may be necessary to ensure that the balloting unit is not tampered or interfered with in any way.

(2) If the Presiding Officer has reason to suspect that an elector who has entered the voting compartment, is tampering or otherwise interfering with the balloting unit or has remained inside the voting compartment for unduly long period, he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and orderly progress of the poll.

(3) Whenever the Presiding Officer enters the voting compartment under this rule, he shall permit the polling agents present to accompany him if they so desire.

70J. Recording of votes by blind or infirm electors. - (1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmity, an elector is unable to recognise the names and symbols of the candidates on the balloting unit of the voting machine or unable to record the voter by pressing the appropriate button thereon without assistance, the Presiding Officer shall permit the voter to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on his behalf and in accordance with his wishes :

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 an elector on any day under this rule, the person shall be required to declare that he shall keep secret the vote recorded by him on behalf of the elector 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 4 of all cases under this rule.

70K. Identity of voter. - At any time before permitting the elector to vote, the Presiding Officer or Polling Officer may, of his own accord, if he has reason to doubt the identity of the elector or his right to votes at such polling station he shall, if so required by a candidate or polling agent, satisfy himself by putting to the voter such questions as he may deem necessary that such person is identical with the elector to whom such entry relates.

70L. Tendered votes. - (1) If a person representing himself to be a particular voter seeks to vote after another person has already voted as such voter he shall, on satisfactorily answering such question relating to his identity as the Presiding Officer may ask, be instead of being allowed to vote through the balloting unit, supplied with a tendered ballot paper which shall be of such design as the State Election Commission may specify.

(2) Every such person shall, before being supplied with a tendered ballot paper, write his name against the entry relating to him in the list in Form 5.

(3) On receiving the ballot paper he shall forthwith :-

(a) proceed to the voting compartment;

(b) record there his vote on the ballot paper by placing a cross mark 'X' with the instrument or article supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;

(d) show to the Presiding Officer, if required, the distinguishing mark on the ballot paper;

(e) give it to the Presiding Officer, who shall place it in a cover specially kept for the purpose; and

(f) leave the polling station.

(4) If owing to blindness or physical infirmities, such elector is enable to record his vote without assistance, the Presiding Officer shall permit him to take with him a companion, subject to the same conditions and after following the same procedure as laid down in rule 70G for recording the vote in accordance with his wishes.

70M. Elector deciding not to vote. - If an elector, after his electoral roll number has been duly entered in the register of voters in Form 11 and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 70G, decides not to record his vote, a remark to this effect shall be made against the said entry in Form 11 by the Presiding Officer and the signature or thumb impression of the elector shall be obtained against such remark.

70N. Voting by officers on election duty. - (1) An elector who has been put on election duty as a Presiding Officer, a Polling Officer or in any other capacity in a polling station of a ward other than the one in which he is entitled to vote, and wishes to vote in the polling station in which he is on election duty, he shall send an application in Form 10 to the Returning Officer to allow him to vote at the polling station at which he is on duty, at least [seven] days before the days fixed for poll, and if the Returning Officer is satisfied that the applicant is a public servant and voter on election duty, he shall-

(a) issue to the applicant an Election Duty Certificate in Form-12;

(b) mark Election Duty Certificate against his name in the marked copy of the electoral roll to indicate that an Election Duty Certificate has been issued to him; and

(c) ensure that he is not allowed to vote at the polling station where he shall the other wise have been entitled to vote.

(2) On production of such certificate, the Presiding Officer shall-

(a) obtain thereon, the signature of the person producing it;

(b) have the person's name and electoral roll number and part number, alongwith name of polling station as mentioned in the certificate, entered at the end of the marked copy of the electoral roll; and

(3) After recording the vote under sub-rule (2), the certificate referred to in sub-rule (1) shall be placed in an envelope and sealed by the Presiding Officer.

(4) An elector who has been put on election duty as a Presiding Officer, a Polling Officer or in any other capacity in a ward other than the one of which he is voter, who wishes to vote by post at an election, shall send an application in Form 9 to the Returning Officer of the Constituency (Ward) in which he is enrolled for supply of postal ballot paper at least [seven] days before the days fixed for poll, and if the Returning Officer is satisfied that the applicant is on election duty in a ward other than of which he is a voter, he shall issue a postal ballot paper of such ward to him by post, under postal certificate, together with-

(a) a declaration in Form 13;

(b) a cover in Form 14;

(d) instructions for the voter in Form 16 :

Provided that the Returning Officer shall at the same time -

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

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

Provided further that every postal ballot paper shall have a counterfoil attached thereto, and the postal ballot paper and the counterfoil shall be of such design as the State Election Commission may direct :

Provided further that the Returning Officer may, in the case of an elector on election duty who is entitled to vote by post, deliver the ballot papers and Forms or cause them to be delivered to such elector personally.

(5) The Returning Officer shall seal up in a separate packet the counterfoils of the postal ballot papers issued to voters.

(6) (a) The voter referred to sub-rule (4) shall record his vote on the postal ballot paper in accordance with the directions contained in Form 16 and then enclose it in the cover in Form 14.

(b) The voter shall sign the declaration in Form 13 in the presence of, and have the signature attested by any Gazetted Officer or by the Presiding Officer of the polling station at which he is on election duty.

(c) After the voter has recorded his vote and made a declaration in Form 13, he shall return the postal ballot paper and declaration to the Returning Officer in accordance with the directions contained in Form 16 so as to reach the Returning Officer before the time fixed for the commencement of counting of votes.

(7) In relation of voting by postal ballot paper referred to in sub-rule (4) such procedure, subject to provisions to this rule, shall be adopted as may be specified by State Election Commission.

70O. Sealing of voting machine after close of poll. - (1) As soon as practicable, after the closing of the poll, the Presiding Officer shall close the control unit to ensure that no further votes can be recorded and shall detach the balloting unit from the control unit.

(2) The control unit and the balloting unit shall thereafter be sealed and secured separately in such manner as the State Election Commission may direct and the seal used for securing them shall be so fixed that it shall not be possible to open the units without breaking the seals.

(3) The polling agents or election agents or candidates present at the polling station, who desire to affix their seals, shall also be permitted to do so.

70P. Sealing of polling materials and other papers. - (1) The Presiding Officer of each polling station, as soon as practicable after the close of the poll, shall in the presence of any candidate or election agent or polling agent who may be present make up into separate packet and seal with his seal and the seal of such candidates or agents as may desire to affix their seals on the envelops of the following :-

(a) the marked copy of the electoral roll;

(b) the tendered ballot papers;

(d) the list of challenged votes;

(e) the certificate in Form 12 produced by officers on election duty;

(f) the register of voters in Form 11; and

(g) any other papers directed by the State Election Commission to be kept in a sealed packet.

(2) The Presiding Officer shall, after sealing all the packets, endorse in such packet a declaration of its contents.

70Q. Accounts of votes recorded. - (1) The Presiding Officer shall at the close of the poll, prepare an account of votes recorded in Form 17.

(2) The Presiding Officer shall place the account of votes recorded in a separate envelope and endorse on it the words, "Account of Votes Recorded".

70R. Transmission of voting machines etc. to the Returning Officer. - (1) The Presiding Officer shall then deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer may direct -

(i) the voting machine;

(ii) the account of votes recorded in Form 17;

(iii) sealed packets under rule 70P; and

(iv) all other papers used at the poll.

(2) The Returning Officer shall make adequate arrangements for the safe transport of the voting machine, packets and other papers and for their safe custody until the conclusion of the counting of votes.

70S. Procedure of adjournment of poll. - If the poll at any polling station is adjourned and declared void under rule 59, the provisions of these rules shall apply to every fresh poll as they apply to the original poll.

70T. Scrutiny and inspection of voting machines. - (1) The Returning Officer may have the control units of the voting machines used at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously.

(2) Before the votes recorded in any control unit of a voting machine are counted under sub-rule (1), the candidate or his election agent or his counting agent present on the counting table, shall be allowed to inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy themselves that the seals are intact.

(3) The Returning Officer shall satisfy himself that none of the voting machines has, in fact, been tampered with.

(4) If the Returning Officer is satisfied that any voting machine has, in fact, been tampered with, he shall not count the votes recorded in that machine and shall follow the procedure laid down in rule 59, in respect of the polling station where that machine was used.

70U. Counting of votes. - (1) After the Returning Officer or the Presiding Officer, as the case may be, is satisfied that a voting machine has, in fact, not been tampered with, he shall have the votes recorded therein counted by pressing the appropriate button marked "Result" provided in the control unit whereby the total votes polled and votes polled for each candidate shall be displayed in respect of each such candidate on the display panel provided for the purposes in the unit.

(2) As the votes polled by each candidate are displayed on the control unit, the Returning Officer shall have :-

(a) the number of such votes recorded separately in respect of each candidate in Part II of Form 17.

(b) Part II of Form 17 completed in other respects and signed by the Presiding Officer or the counting supervisor and also by the candidates or their election agents or their counting agents present; and

(c) corresponding entries made in a result sheet in Form 8 and the particulars so entered in the result sheet announced.

(3) No envelope containing the tendered ballot papers shall be opened and no such votes shall be counted.

70V. Sealing of voting machines after counting of votes. - (1) After the result of votes recorded in a control unit has been ascertained candidate wise and entered in Part II of Form 17 and Form 8 under rule 70U, the Presiding Officer/Returning Officer shall reseal the unit with his seal and the seals of such of the candidates or their election agents present who may desire to affix their seals thereon so, however, that the result of votes recorded in the unit is not obliterated and the unit retains the memory of such result.

(2) The control unit so sealed shall be kept in specially prepared boxes on which the Returning Officer shall record the following particulars, namely :-

(a) the name of the municipality with ward number;

(b) the particulars of polling station where the control unit has been used;

(d) date of poll; and

(e) date of counting.

70W. Counting and rejection of postal ballot paper. - (1) Subject to general or specific direction given in this behalf by the State Election Commission, the provisions of rule 60 shall apply in relation to rejection of postal ballot papers referred to in sub-rule (4) of rule 70N :

Provided that postal ballot paper shall be rejected if recording of vote therein is not in accordance with the direction contained in Form 16.

(2) The Returning Officer shall record the result of counting of votes received by post, if any, in the result sheet in Form 8 and announce the same.

70X. Production and inspection of election papers. - (1) While in the custody of the Deputy Commissioner :-

(a) the packets of unused postal ballot papers with counterfoils attached thereto;

(b) the packets of used postal ballot papers whether valid, rejected or cancelled, and counterfoils thereof;

(d) the packets of the marked copy of electoral roll;

(e) the packets containing register of voter in Form 11;

(f) the packets of the declaration by electors and the attestation of their signatures,

shall not be opened, inspected or produced except under the orders of a competent court.

(2) The voting machine sealed under rule 70V and kept in the custody of the Deputy Commissioner shall not be opened, inspected or produced except under the orders of a competent court.

(3) Subject to such conditions and on the payment of such fee as the State Election Commission may direct, all other papers relating to the election shall be open to public inspection and copies thereof shall, on application, be furnished.

70Y. Disposal of election papers. - Subject to any direction to the contrary given by the State Election Commission or by a competent court-

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

(b) the voting machines kept in custody of the Deputy Commissioner under sub-rule (2) or rule 70X shall be retained intact for such period as the State Election Commission may direct;

(c) packets other than those as referred to in sub-rule (1) of rule 70X shall be retained for a period of one year and shall thereafter be destroyed :

Provided that the packets containing the counterfoils of used postal ballot papers shall not be destroyed except with the previous approval of the State Election Commission; and

(d) all other papers relating to the election shall be retained for such period as the State Election Commission may direct.]

Oath of allegiance and term or office of Mayor etc.- (1) The Divisional Commissioner within a period of ["thirty days"]of the notification of the names of the members elected to the Corporation convene the first meeting of the newly constituted Corporation at the 48 hours notice to be delivered at their ordinary place of residence. The notice shall clearly state that the oath of allegiance will be administrated to the members present and that election of Mayor, Senior Deputy Mayor and Deputy Mayor shall be held in this meeting to be presided over by the Divisional Commissioner.

(2) The Divisional Commissioner shall administer the oath of allegiance to the members present as prescribed in section 33.

(3) The oath of allegiance shall be administered to a member who was not present at the meeting convened under sub-rule (2) or to a member elected or nominated to fill a casual vacancy, subsequently by the Mayor.

(4) Notwithstanding, anything contained in section 36, for election of the Mayor, Senior Deputy Mayor, and Deputy Mayor, the Divisional Commissioner shall nominate a member who is not a candidate to preside over the meeting to elect such members for the Mayor, Senior Deputy Mayor and Deputy Mayor.

[(5) Term of office of the Mayor shall be for five years or the residue of the term of his office as a member, whichever is less. The Mayor shall be elected from amongst the Members of the Corporation.]

[(6) The office of the Mayor in each Corporation shall be filled up from amongst the members belonging to the General Category, Scheduled Castes, Backward Classes and Women by rotation and draw of lots which will be determined by the committee consisting of the Commissioner of the Division concerned, Deputy Commissioner concerned and the Commissioner of the concerned Corporation :

Provided that once the Mayor is elected from the category that category shall not be included in the next draw of lots.]

Election of Mayor etc.- (1) If only one candidate for the each office of the Mayor, Senior Deputy Mayor and Deputy Mayor is proposed, such candidate shall be declared to have been duly elected. If the number of proposed candidates is more than one, the voting shall be by ballot. The members present shall be required to vote writing 'Yes' or 'No' on the ballot paper. The candidate getting the maximum number of votes shall be directed to have been elected. Special ballot paper shall be used for such voting, each bearing an official mark to be placed thereon by the Divisional Commissioner.

(2) All ballot papers used for such voting shall, immediately after the counting of votes has been completed be enclosed in the stout envelope and sealed by the Officer who presided at the meeting in view of the members present thereat and the description of the election to which the ballot papers relate shall be inscribed thereon and such envelope shall be enclosed in another large envelope which shall be addressed and delivered to the Divisional Commissioner. The Divisional Commissioner shall preserve the inner envelope intact until the expiry of one year from the date of the election, and shall then, subject to any direction to the contrary made by the State Election Commissioner, a competent court or a person or persons, appointed to hold an enquiry into an election under Part V of these rules, cause it to be destroyed with its contents.

Procedure in case of the equality of vote.- If during the election of Mayor, Senior Deputy Mayor and Deputy Mayor, it appears there is an equality of votes between the candidates at such election and that the addition of a vote would entitle any of the candidates to be elected as Mayor, Senior Deputy Mayor and Deputy Mayor, then the person presiding over the meeting shall decide between them by lot to be drawn in the presence of the candidate, and the candidate on whom the lot falls shall be deemed to have received an additional vote.
Payment of honorarium etc. to Mayor out of Corporation fund.- With the sanction of the State Government the amount of honorarium and other facilities such as residential accommodation, telephone, conveyance etc. may be fixed and paid to the Mayor of the Corporation out of the Corporation fund.
Removal of Mayor, Senior Deputy Mayor and Deputy Mayor.- (1) The Divisional Commissioner, on written requisition made by at least 1/3 of the total members of the Corporation, on his satisfaction, shall he convene a meeting by giving not less than 14 days' clear notice in writing to consider the requisition.

(2) A member holding office as Mayor or Senior Deputy Mayor or Deputy Mayor shall be removed from his office by a resolution of the Corporation passed by a majority of not less than two-thirds of the total members of the Corporation by voting by ballot.

(3) The Divisional Commissioner shall record and sign the resolution in the Proceeding Book of the Corporation.

(4) The Divisional Commissioner shall have no right to vote at such a meeting :

[Provided that no meeting for the purpose shall be convened before the expiry of one year from the date on which the election of the Mayor or Senior Deputy Mayor or Deputy Mayor, as the case may be, was notified, and after the expiry of such period, whenever such a meeting is convened during his term of office and the proposal for vacating the office fails, no further meeting shall at any time thereafter be convened for considering a similar proposal against Mayor or Senior Deputy Mayor or Deputy Mayor unless a period of at least six months intervenes between the last failure and the date on which such further meeting is convened.]

Corrupt practices.- In addition to the corrupt practices given in Section 22 of the Ordinance, the following shall be deemed to be corrupt practices for the purposes of these rules:-

(1) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the residents of the Corporation on ground of religion, race, caste, community or language by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the election of that candidate or for prejudicially affecting the election of any candidate;

(2) The procuring or abetting or attempting to procure by a candidate or his agent, or any other person with the connivance of candidate or his agent, a ballot paper in the name of any other person, whether living or dead or in a fictitious name; or by a person for a ballot paper in his own name when by reason of the fact that he has already voted in the same or some other ward, he is not entitled to vote;

(3) The removal of a ballot papers from the polling station during polling hours by a candidate or his agent, or by any other person with the connivance of a candidate or his agent;

(4) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his agent, any assistance other than the giving of vote for furtherance of the prospects of that candidate's election, from any person in the service of the Government other than village Revenue Officers known as Lambardars whose duty is to collect land revenue and who are remunerated by a share of, or commission, or in the amount of land revenue collected by them but who do not discharge any police functions.

Explanation. - A person serving under the Government of the State of Haryana shall include a Patwari, a Chaukidar or any other village officer employed in the State, whether the office he holds is a whole time office or not but shall not include any person (other than any such village officers as aforesaid) who has been declared by the Government to be a person to whom the provision of this clause shall not apply.

Appointment of Tribunal.- (1) The Government shall appoint a Tribunal to hold an enquiry in accordance with the provisions of these rules.

(2) In the case of a one man tribunal, the appointment shall be made from amongst:-

(a) Subordinate Judges of the 1st Class belonging to the State Judicial Service; or

(b) persons who may have retired from the State Judicial Service as a District Judge.

(3) In the case of multi-member Tribunal at least one member shall be appointed from amongst the category of persons mentioned in sub-rule (2) and the remaining members of the Tribunal may be appointed from amongst advocates duly enrolled as such under the Advocates Act, 1961, who may have served at the bar of the State High Court for a minimum period of ten years. The member appointed under sub-rule (2) shall be designated as the Chairman of the Tribunal.

(4) The remunerations and terms of appointment of members other than those who are serving members of the State Judicial Service shall be such as may be specified by the Government.

(5) The Government may appoint a person by name or by office to be a Tribunal, and if a person for the time being holding the office shall be the Tribunal unless the Government otherwise directs.

(6) If a vacancy occurs in a Tribunal by reason of a death, resignation or any other causes, the Government may make a fresh appointment.

(7) If on the application of any party to an election petition the Government is satisfied that there are reasonable grounds for the transfer of case from the Tribunal appointed to hear such an election petition it may appoint a fresh Tribunal as provided heretofore.

(8) A change of incumbency in the Tribunal whether by reasons of death, transfer, resignation or any other reason shall not invalidate any previous or subsequent proceedings in any matter pending before, it, nor shall it be necessary for a Tribunal on account of such change to recommence any enquiry into any matter pending before it for disposal.

Election petition.- (1) No election of a member shall be called in question except by an election petition presented to the Tribunal.

(2) An election petition against the return of a candidate to an election or against the return of Mayor or Senior Deputy Mayor or Deputy Mayor or against unsuccessful candidate with a view to his disqualification on the ground of a corrupt practice or material irregularity in the procedure shall be in writing signed by a person who was a candidate at such election or an elector.

Deposit to be made when petition is presented and return of deposit.- (1) Every election petition shall be accompanied by a receipt from the treasury for two hundred and fifty rupees or Government Promissory Notes of equal value at the market rate of the day as security for all costs that may become payable by him or them.

(2) If a petitioner, by whom the deposit referred to in sub-rule (1) has been made, withdraws his election petition as provided in rule 81 and any other case after final orders have been passed on the election petition, the deposit shall, after deducting such amount as may be ordered to be said paid as costs, charges and expenses be returned to the petitioner by whom it was made, and if such petitioner dies during the course of the enquiry into the election petition, any such deposit, made by him, shall after the amount of such costs as may be ordered to be paid have been deducted, be returned to his legal representative.

(3) All applications for the refund of a deposit shall be made to the Tribunal who shall pass orders thereon in accordance with these rules.

Place and procedure of enquiry.- (1) The enquiry shall be held in a place to which the public have free access and notice of the time and place of enquiry, shall be given to the parties not less than seven days before the first day of the enquiry.

(2) The place of enquiry shall be within the Corporation provided that the Tribunal may, on being satisfied that special circumstances exist rendering it desirable that the enquiry should be held elsewhere, appoint some other convenient place for the enquiry.

(3) Subject to the provisions of these rules every election petition shall be enquired into as nearly as may be in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits, provided that if the Tribunal consists of more than one person it shall only be necessary for it to make or cause to be made a memoranda of the substance of the evidence of any witness and provided further that a Tribunal may dismiss an election petition for default.

(4) The Tribunal shall cause to be served on each respondent a notice of the presentation of the petition, together with a copy of the petition, and shall summon each respondent and in his presence or if he fails to be present in person or by counsel after summon has been duly served upon him, in his absence, shall make an enquiry regarding the corrupt practices or irregularities alleged to have been committed.

Withdrawal of petition.- (1) An election petition may be withdrawn if an application for withdrawal is made before the Tribunal.

(2) If there are more petitioners than one no application to withdraw a petition shall be made except with the written consent of all the petitioners.

(3) No application for withdrawal shall be granted if in the opinion of the Tribunal, such application has been induced by any bargain or consideration which ought not be allowed.

(4) When an application for withdrawal is made to the Tribunal :-

(a) a notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition and shall be published by being posted at the office of the Tribunal, and the Corporation.

(b) any person who might himself have been a petitioner may, within a period of fourteen days from the date of such application apply to be substituted as petitioner in place of the party withdrawing. Upon compliance with the conditions as to the security under rule 79 shall be entitled to be so substituted and to continue the proceedings upon such terms as the Tribunal may think fit;

(c) the petitioner shall be ordered to pay the costs of the respondent theretofore incurred or such portion thereof as the Tribunal may think fit.

(5) When an election petition is allowed by the Tribunal to be withdrawn the file of the proceedings shall be forwarded to the Government for inFormation.

Abatement of substitution on death of respondent.- If before the conclusion of the trial of an election petition the respondent dies or gives notice that he does not intend to oppose the petition the Tribunal shall cause notice of such event to be published by being posted at the office of the Tribunal and the Corporation, and thereupon any person who might have been a petitioner may, within a period of fourteen days from the date of such publication, apply to be substituted for such respondent to oppose the petition and shall be entitled to continue the proceedings upon such terms as the Tribunal may think fit.
Abatement or substitution on death of petitioner.- (1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

(2) Notice of the abatement of an election petition shall be published by the Tribunal or, if the petition abates before any Tribunal has been appointed, by the Government by being posted at the office of the Deputy Commissioner and at the Corporation office.

(3) Any person, who might himself have been petitioner, may within a period of fourteen days from the date of such a publication of notice under sub-rule (2), apply to be substituted as a petitioner and, upon compliance with the conditions as to security under rule 81 shall be entitled to be so substituted and to continue the proceedings upon such terms as the Tribunal may think fit.

Grounds for which candidate other than the returned candidate may be declared to be elected.- (1) If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Tribunal is of opinion that -

(a) in fact the petitioner or such other candidate received a majority of the valid votes; or

(b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority, of the valid votes, the Tribunal shall after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

(2) If during the trial of an election petition, it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then :-

(a) any decision made by the Returning Officer under clause (b) of rule 63 shall, in so far as it determines the question between those candidates, be effective also for the purpose of the petition; and

(b) in so far as that question is not determined by such a decision, the Tribunal shall decide between them by lot and proceed as if the one on whom the lot then falls has received an additional vote.

Finding as to corrupt practice and persons guilty.- No person shall be named as having been found guilty of any corrupt practice unless he had been given a reasonable opportunity of showing cause, why he should be so named, during that trial of the election petition:

Provided that no person shall be named in the report unless he has been given a reasonable opportunity of showing cause why his name should not be so recorded.

Communication and transmission of the orders of Tribunal.- The Tribunal shall, as soon as, may be, after the conclusion of the trial of the an election petition, intimate the substance of the decision to the Deputy Commissioner of the district concerned and to the Government and as soon as may, thereafter, send to the said authorities an authenticated copy of the decision.
Power of State Election Commissioner to order an enquiry.- The State Election Commissioner may of its own motion direct an enquiry to be held into the conduct of any election if there is reason so suspect that a corrupt practice or material irregularity has been committed and the case shall be dealt with in the manner prescribed in these rules.
Fresh election to be held if an election is declared void.- When the election of a candidate is declared void by the Tribunal, a fresh election shall be held to fill the vacancy so caused and the procedure laid down in these rules shall apply to such election.
Custody of record of election enquiry.- After an election petition has been disposed of, the Tribunal shall forward all papers relating thereto to the District Judge within whose jurisdiction the Tribunal was situated.

[Form-A]

[See rules 9(1)(a), 14 and 15]

Application for inclusion of name in electoral roll
To The Revising Authority/Deputy Commissioner____________ , Municipal Corporation___________Ward No. ____________ Sir						SPACE FOR PASTING ONE RECENT PASSPORT SIZE PHOTOGRAPH (3.5 cm X 3.5 cm) SHOWING FRONTAL VIEW OF FULL FACE WITHIN THIS BOX
I request that my name be included in the electoral roll for the above Municipal Corporation. Particulars in support of my claim for inclusion in the electoral rolls are given below :
I. Applicant's details		Name				Surname (if any)

Age on 1st January ______		Years		Months		Sex: Male/Female
Date of Birth, if known:		Day		Month		Year
Place of Birth:		Village/Town
		District				State
*Father's Mother's Name Husband's		Name				Surname (if any)

II. Particulars of place of ordinary residence (full address)
House/Door number:
Street/Area/Locality/Mohalla/Road:
Town.Village:
Post office	Pin Code
Tehsil/Taluka/Mandal/Thana:
District:
III. Details of member(s) of applicant's family already included in the current electoral roll of the Municipal Corporation
Name	Relationship with applicant		Part number of the roll of the Ward		Serial number in that Part	Elector's Photo Identity Card Number
1.
2.
IV. Declaration I hereby declare that to the best of my knowledge and belief : (i) I am a citizen of India (ii) I am ordinarily resident at the address given in para II above since_______ (date, month, year). (iii) I have not applied for the inclusion of my name in the electoral roll for any other Corporation. (iv) My name has not already been included in the electoral roll for this of any other Municipal Corporation. OR My name may have been included in the electoral roll for_________ Ward_________ Corporation in________ State in which I was ordinarily resident earlier at the address mentioned below and if so,, I request that the same may be deleted from that electoral roll.
Full address (Earlier place of ordinary residence) :			Electors Photo Identity Card (if issued)
			Number_______________________________

			Date of issue___________________________

Place: Date: Signature or thump impression of the claimant

Note :- Any person who makes a statement or declaration which is false and which he either knows or believes to be false or does not believe to be true, is punishable under section 8C of the Haryana Municipal Corporation Act, 1994 (16 of 1994).

*Strike out the inappropriate alternative.

Detail of action taken

(To be filled by Revising Authority of Municipal Corporation)

The application of Shri/Smt/Km._______ for inclusion of name in the electoral roll in Form-A has been accepted*/rejected*.

Detailed reasons for acceptance or rejection under or in pursuance of rule 10 of the Haryana Municipal Corporation Election Rules, 1994.

Place: Date:

Signature of Revising Authority

(Seal of the Revising Authority)

During continuous updating after final publication of electoral roll.

*Strike out the inappropriate alternative

____________________________________________________________________________________

Remarks of Field Level Officer (e.g. Block Level Officer, Designated Officer, Supervisory Officer)

______________________________________________________________

Receipt of application

Received the application in Form-A of Shri/Shrimati/Kumari________________

Address_________________________________________________________

Date:___________________

Signature of the officer receiving the application on behalf of the Revising Authority.

(Address_______________________________________________________).

[Form-B]

[See rules 9(2)(a), 14 and 15]

Application for objecting inclusion or seeking deletion of name in electoral roll
To The Revising Authority/Deputy Commissioner_______________________ Municipal Corporation_______________ Ward No.___________________ Sir, I object to the proposed inclusion of the name of the undermentioned person in the electoral roll for the above Municipal Corporation. Particulars in support of my objection are given below: OR I submit that the entry relating to myself/the person named below is required to be deleted for the reasons stated hereunder:
I. Details of person inclusion of whose name is objected to:		Name		Surname (if any)

Details of person whose entry is to be deleted		Part number of electoral roll in which his/her name is included:	His/her serial number in that Part:	Elector's Photo Identity Card number (if issued)
II. Details of objector		Name		Surname (if any)
SEX (Male/Female/Others)
		Part number of electoral roll in which objector's name is included:		His/her serial number in that Part:
Father's Mother's Name Husband's		Name		Surname (if any)

III. Particulars of place of ordinary residence of objector/person seeking deletion (full address)
House/Door number:
Street/Area/Locality/Mohalla/Road:
Town/Village:
Post Office	Pin Code
Tehsil/Taluka/Mandal/Thana:
District:
* Reason(s) for objection/deletion:
IV. Declaration
I hereby declare that the facts and particulars mentioned above are true to the best of my knowledge and belief.
Place: Date: Signature or thumb impression of the claimant

Note:- Any person who makes a statement or declaration which is false and which he either knows or believes to be false or does not believe to be true, is punishable under section 8C of the Haryana Municipal Corporation Act, 1994 (16 of 1994)

*Strike out the inappropriate alternative

Detail of action taken

(To be filled by Revising Authority of Municipal Corporation)

The application of Shri/Smt/Km. ______ objecting to inclusion/seeking deletion of name of Shri/Smt./Km_________ in the electoral roll in Form-B has been accepted/rejected.

Detailed reasons for acceptance or rejection under or in pursuance of rule 10 of the Haryana Municipal Corporation Election Rules, 1994.

Place: Date:

Signature of Revising Authority

(Seal of the Revising Authority)

During continuous updating after final publication of electoral roll.

*Strike out the inappropriate alternative

During continuous updating after final publication of electoral roll.

____________________________________________________________________________________

Remarks of Field Level Officer (e.g. Block Level Officer, Designated Officer, Supervisory Officer)

____________________________________________________________________________________

Receipt of application

Received the application in Form-A of Shri/Shrimati/Kumari________________

Address__________________

Date:___________________

Signature of the officer receiving the application on behalf of the Revising Authority.

(Address_______________________________________________________).

[Form-C]

[See rules 9(3)(a), 14 and 15]

Application for correction to particulars entered in electoral roll
To The Revising Authority/Deputy Commissioner____________ ______, Municipal Corporation___________ Ward No. ____________ Sir				SPACE FOR PASTING ONE RECENT PASSPORT SIZE PHOTOGRAPH (3.5 cm X 3.5 cm) SHOWING FRONTAL VIEW OF FULL FACE WITHIN THIS BOX
I request that entry relating to myself appearing in the electoral roll the above be included in the electoral roll for the above Municipal Corporation is not correct and it should be corrected. Correct particulars in support of my request are given below:
I. Applicant's details		Name		Surname (if any)

Part Number of electoral roll			Serial number in that Part
Age on 1st January ______		Years	Months	Sex: Male/Female
Date of Birth, if known:		Day	Month	Year
Place of Birth:		Village/Town
		District		State
*Father's Mother's Name Husband's		Name		Surname (if any)

II. Particulars of place of ordinary residence (full address)
House/Door number:
Street/Area/Locality/Mohalla/Road:
Town.Village:
Post office	Pin Code
Tehsil/Taluka/Mandal/Thana:
District:
III. Details of elector's Photo Identity Card (if issued,, in this or some other Municipality)
Elector's Photo Identity Card Number:
Name of Municipal Council/Committee:
IV. Detail of entries to be corrected:
My name/Age/Father's/Mother's/Husband's name/Sex/*Address may be corrected in term of inFormation provided in this Form above.
Place: Date: Signature or thump impression of the elector

*Strike out the inappropriate alternative

Detail of action taken

(To be filled by Revising Authority of Municipal Corporation)

The application of Shri/Smt/Km._______for correction of entry in the electoral roll in Form-C has been accepted */rejected*.

Detailed reasons for acceptance or rejection under or in pursuance of rule 10 of the Haryana Municipal Corporation Election Rules, 1994.

Place: Date:

Signature of Revising Authority

(Seal of the Revising Authority)

During continuous updating after final publication of electoral roll.

*Strike out the inappropriate alternative

____________________________________________________________________________________

Remarks of Field Level Officer (e.g. Block Level Officer, Designated Officer, Supervisory Officer)

____________________________________________________________________________________

Receipt of application

Received the application in Form-A of Shri/Shrimati/Kumari________________

Address__________________

Date:___________________

Signature of the officer receiving the application on behalf of the Revising Authority.

(Address_______________________________________________________).

[Form-D]

[See rule 14 and 15]

Application for transposition of entry in electoral roll
To The Deputy Commissioner____________ _______________________________, Sir					SPACE FOR PASTING ONE RECENT PASSPORT SIZE PHOTOGRAPH (3.5 cm X 3.5 cm) SHOWING FRONTAL VIEW OF FULL FACE WITHIN THIS BOX
I request that entry in the electoral roll for the Municipal Corporation ____ Ward _____ relating to myself/person named below should be transposed to the relevant part of the roll in this Municipal Corporation. Particulars of the entry to transposed are given below:
I. Details of person whose entry is to be transposed:		Name			Surname (if any)

		Part number of electoral roll in which his/her name is included:	His/her serial number in that part:		Elector's Photo Identity Card number (if issued)
*Father's Mother's Name Husband's		Name			Surname (if any)

II. Particulars of present place of ordinary residence (full address)
House/Door number:
Street/Area/Locality/Mohalla/Road:
Town.Village:
Post office	Pin Code
Tehsil/Taluka/Mandal/Thana:
District:
III. Period of continuous residence at the above address on the date of application		Years:			Months:
IV. Part number to which the entry has to be transposed (if known)
V. Details of applicant:		Name			Surname (if any)

		Part number of electoral roll in which his/her name is included:		His/her serial number in that Part:	Elector's Photo Identity Card number (if issued)
*Note:-* Any person who makes a statement or declaration which is false and which he either knows or believes to be false or does not believe to be true, is punishable under section 8C of the Haryana Municipal Corporation Act,, 1994 (16 of 1994)
VI. Declaration
I hereby declare that the facts and particulars mentioned above are true to the best of my knowledge and belief. Place: Date: Signature or thump impression of the elector
Detail of action taken (To be filled by Deputy Commissioner of the district)

The application of Shri/Smt/Km.____________________ for transposition of entry relating to himself/herself/Shri/Smt./Km.__________________ in the electoral roll in Form-D has been accepted/rejected.

Detailed reasons for acceptance or rejection under or in pursuance of rule 13 of the Haryana Municipal Corporation Election Rules, 1994.

Place: Date:

Signature of Deputy Commissioner

(Seal of the Deputy Commissioner)

*Strike out the inappropriate alternative

Remarks of Field Level Officer (e.g. Block Level Officer, Designated Officer, Supervisory Officer)

____________________________________________________________________________________

Receipt of application

Received the application in Form-A of Shri/Shrimati/Kumari________________

Address__________________

Date:___________________

Signature of the officer receiving the application on behalf of the Deputy Commissioner.

(Address_______________________________________________________)."

To be filled in by the applicant______________________________________

Form 1-A

[See rule 9(5)]

Register of claims for Registration

Municipal area of the Corporation _____________________ Ward No. _______

Tehsil _______________

District ______________

Serial No.	Ward in which registration is claimed	Name, Father's name and occupation of claimant	Date of presentation of claim, authority to whom it is presented with initials of such authority	Date of decision with note as to presence of parties	Decision ---------- Admitted Rejected		Signature of Revising Authority	Signature of Official by whom effect was given to the decision of the Revising Authority and date
1	2	3	4	5	6	7	8	9

Form 1-B

[See rule 9(5)]

Register of Objections to Registration

Corporation __________________ Ward No.

Tehsil ____________________

District ___________________

Abstract of process-server's report and date	Date of decision with note as to presence of parties	Decision --------------- Admitted Rejected		Signature of Revising Authority	Signature of official by whom effect was given to the decision of the Revising Authority and date
8	9	10	11	12	13

Form 1

[See rule 24(2)]

Nomination Paper

Election to the Corporation

I nominate as a candidate for election to the Corporation from

Ward No. __________________

Candidate's name ________________

His postal address _________________

His name is entered at Serial No. ______________in Ward No. ____________ of the electoral roll for the _______________________Corporation.

My name is____________________ and it is entered at Serial No. _________ in Ward No. ____________ of the electoral roll for the _______________ Corporation.

Date ________________________

(Signature of proposer)

I, the above-mentioned candidate, assent to this nomination and hereby declare :-

(a) that I have completed _____________ years of age;

(b) that I am set up at this selection by the ______________ party;

(i) ____________________ (ii) ___________________ and (iii) ________

[I further declare that I am member of the _____________ Caste which is a Schedule Caste/Backward Class of the State of ____________ in relation to ___________ (area) in that State and for which the seat has been so reserved.]

[I further declare that I am a woman candidate for which the seat has been so reserved.]

Signature of Candidate

Verification by Magistrate

The above declaration is solemnly affirmed before me by __________ who is personally known to me or who has been identified to my satisfaction by ____________

Place :_____________

Date : _____________

Signature of verifying authority with full designation

(To be filled in by the Returning Officer)

Serial No. of nomination paper ______________

This nomination was delivered to me at any office at _______ (hour) on ___ (date).

Returning Officer.

Decision of Returning Officer accepting or rejecting the nomination paper.

I have examined this nomination paper in accordance with rule 27 of the Haryana Municipal Corporation Election Rules, 1994, and decide as follows :-

Date :----------------

Returning Officer.

The symbol assigned to candidate is ______________________

Date : ______________________

Returning Officer.

Receipt for Nomination paper and Notice of scrutiny.

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

No. of nomination paper _______________

The nomination paper of _______________ Candidate for election to Corporation ___________ from Ward No. __________ was delivered to me at my office at ________ (hour) on ___________ (date) by the candidate proposer. All nomination papers will be taken up for scrutiny at (hour) on ____________ (date) at _________

(Place).

Date

Returning Officer.

Form 2

[See rule 40(2)]

Appointment of Polling Agent

Election to the Municipal Corporation of _________ from Ward No. ___________

I, _______ a candidate at the above election do hereby appoint ____ of _________ as a polling agent to attend polling station No. _______ at/place fixed for the poll _______ at ____

Place _________________

Date __________________

Signature of candidate

I agree to act as such polling agent.

Place ___________________

Date ___________________

Signature of Polling Agent

Declaration of polling agent to be signed before Presiding Officer.

I hereby declare in that the above election I will not do any thing forbidden by the Haryana Municipal Corporation Election Rules, 1994.

Date : ______________

Signature of Polling Agent.

Signed before me.

Date : _____________

Presiding Officer.

"Form 2A

[See rule 40A]

Appointment of Election Agent

Election of Member of Municipal Corporation ____________ from the _____ *Ward.

The Returning Officer

_____________________

I ____________ a candidate at the above election do hereby appoint Sh.________________ (Name and Address) as my election agent Form this day at the above election.

Place _______

Date _________

Signature of Candidate

I accept the above appointment.

Place _________

Date __________

Signature of Election Agent

* - Appropriate particular of the election to be indicated here.

Form 2B

[See rule 40B (2)]

Appointment of Counting Agent

Election of Member to the Corporation of _______________ from the __________ * Ward.

The Returning Officer/Presiding Officer,

______________________________

I ____________ a candidate/** the election agent of _____________ who is a candidate at the above election hereby appoint the following persons as my his ** counting agents to attend the counting of votes at _____________.

Name of the Counting Agent	Address of the Counting Agent
1
2
3
4
5
6
etc.

Place ___________

Date ____________

Signature of Candidate/ Election Agent**

We agree to act as such Counting Agents.
1
2
3
4
5
6
etc.

Place __________

Date ___________

Signature of the Counting Agents

Declaration of the Counting Agents

(To be signed before the Returning Officer/Presiding Officer)

We hereby declare that at the above election, we shall not do anything forbidden under sub-sections (1) and (2) of section 23 of the Haryana Municipal Corporation Act, 1994 (16 of 1994), which we have read/has been over read to us.

etc.

Place ___________

Date _____________

Signature of Counting Agents

Signed before me

Signature of the Returning Officer/Presiding Officer

*-Appropriate particulars of the Election to be inserted.

**-Strike off the inappropriate alternative.

Section 23 - (1) Every officer or clerk, agent or other person who performs any duties in connection with the recording or counting votes at an election shall maintain an aid in maintaining the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate such secrecy.

(2) Any person who wilfully acts in contravention of the provisions of this section shall be punished with imprisonment of either description for a term not exceeding three months, or with both".

Form 3

[See rule 47(2)(c)]

List of Challenged Votes

Election to the Municipal Corporation ___________from the Ward No. _________

Polling Station __________________

Signature Sheet No. _____________________

Serial No. of entry	Name of elector	Serial No. of elector's name in the roll	Signature or thumb impression of the person challenged	Address of the person challenged	Name of Identifier, if any	Name of Challenger	Order of Presiding Officer	Signature of challenger on receiving refund of deposit
1	2	3	4	5	6	7	8	9

Date :

Signature of Presiding Officer.

Form 4

[See Rule 54(2)]

List of Blind and Infirm Voters

Election to the Municipal Corporation of _______________

From the ________________ Ward No. ___________________

No of Polling Station/Place of Poll ________________________

Serial No. of elector on the roll	Full name of elector	Full name of companion	Address of companion	Signature of companion

Dated ______________

Signature of Presiding Officer.

Form 5

[See Rule 56(2)]

List of Tendered Votes

Election to the Municipal Corporation of __________ from the ____________ Ward No. ____________________ Number of Polling Station ____________

Serial No. and name of elector on the rolls	Address of elector	Serial No. tendered ballot paper	Serial No. of ballot paper issued to the person who has already voted	Signature or thumb-impression of person tendering votes.
1	2	3	4	5

Dated : ______________________

Signature of Presiding Officer.

Form 6

[See Rule (58)]

Ballot Paper Account

Election to the Municipal Corporation of _______________________

from the Ward No. ____________________

No. of Polling Station ___________

Serial Number

Total Number

(1) Ballot papers received

(2) Ballot papers unused -

(a) with signature of the Presiding Officer, if any, and

(b) without the signature of the Presiding Officer

(3) Ballot papers issued to voters

(4) Ballot papers cancelled -

(a) for violation of voting procedure

(b) for any other reason

(5) Ballot papers used as tendered ballot papers

(6) Ballot papers which should be in the Ballot Box.

Dated : ______________

(Signature of Presiding Officer)

Form 7

[See rules 61(2) and 62(4)]

(To be filled after counting of votes)

Form of Account on Ballot Papers

Election to the Municipal Corporation of _________________________________ from the Ward No. ____________________ Polling Station ____________

Date of counting ____________________

Name of candidate	Number of valid votes cast
1. ________________	__________________
2. ________________	__________________
3. ________________	__________________
4. ________________	__________________
________________ etc.	__________________

Rejected ballot papers ________________

III. Total: _______________________

Whether the total number of ballot papers shown against item No. III above tallies with total shown against item 6 in Form-6 or any discrepancy noticed between these two figures.

Dated :_________________

Signature of the Presiding Officer.

"Form 8

[See rules 63, 70U(2)(c), 70V(1) and 70W(2)]

Form of consolidation of account of the counted ballot papers.

Election to the Municipal Corporation ____________________ from the Constituency (Ward) No. ________________

Polling Station No.

Total Votes found in the ballot box (es)/ EVM(s)

Number of tendered votes

Candidate's valid votes

Valid votes total

Number of rejected ballot papers

Valid and rejected votes total.

Etc.

Total

Place _________

Date _________

Returning Officer".

[Form No. 9]

[See 51-A(1)]

Letter of intimation to Returning Officer

The Returning Officer,

__________________Constituency, Ward No.

Municipal Corporation of _____________

Sir,

I intend to cast my vote by post at the ensuing Municipal Election from _________ constituency, Ward No. __________.

I have been posted on election duty at polling Station No. ______ of __________ Constituency, Ward No. ______________ in Municipal Corporation of _________, My name is entered at Serial Number _________ of the electoral rolls for ________ Constituency, Ward No. _______ of Municipal Corporation of ______________

The ballot paper may be sent to me at the following address :-

________________

Place : Date :

Yours faithfully,

_______________.

"Form 10

[See rule 70N(1)]

Application for election duty certificate

Election to the Municipal Corporation ___________ of ____________ Ward Number ________________

The Returning Officer,

Ward Number_________

Sir,

I intend to cast my vote in person at the ensuing election to the above ward. My name is entered at Serial Number ___________ in part No. ____________ of the electoral roll for the above Ward.

I have been posted on election duty at Polling Station Number ______________ Polling Station Name ___________ of Ward Number ___________

I request that an Election Duty Certificate in Form 12 may be issued to enable me to vote at the polling station where I shall be on duty on the polling day. It may be sent to me at the following address.

______________________

Yours faithfully,

(Applicant's name)".

Date _____________

Form 11

[See rules 70G, 70H(7), 70M,70P(1)(f) and 70X(1)(e), Form 17]

Register of voters

Election to the Municipal Corporation ________________ from Ward No. _________ Number and Name of Polling Station _________________________ Part No. of Electoral Roll ____________________________________.

Serial Number

Serial number of elector in the electoral roll

Signature/thumb impression of elector

Remarks

etc.

Signature of the Presiding Officer

Form 12

[See rules 70N(1)(a) and 70P(1)(e)]

Election Duty Certificate

Certified that _______________________S/o/ D/o W/o _____________________ is an elector in the ____________________ * Ward, his electoral roll number being ______________ that by reason of his being on election duty, he is unable to vote at the polling station, where he is entitled to vote and as such is hereby authorized to vote at any polling station, he may be on duty on the date of poll.

Place ________

Date _________

Signature of Returning Officer

Seal

*-Appropriate particulars to be inserted.

Form 13

[See rules 70N(4)(a) and (6)(b) and (c) and Form 16]

Declaration by Elector for use of postal ballot paper

(This side is to be used only when the elector signs the declaration himself)

Election of Member to the Municipal Corporation of ___________________________ from the __________________________ * Ward.

I hereby declare that I am the elector to whom the postal ballot paper bearing serial number __________ has been issued at the above election.

Signature of the Elector

Address

Date ___________

___________________

Attestation of signature

The above has been signed in my presence by __________________ (elector) who is personally known to me/has been identified to my satisfaction by ________________ (identifier) who is personally known to me.

Signature of the Identifier	Signature of the Attesting Officer
If any_________________	Designation______________________
Address________________	Address__________________________
_______________________	_________________________________
	Date_____________________________

(This side is to be used when the elector cannot sign himself)

I hereby declare that I am the elector to whom, the postal ballot paper bearing serial number ________________ has been issued at the above election.

Date _________________

Signature of Attesting Officer On behalf of Elector Address of Elector _________ _______________________

Certificate

I hereby certify that -

(1) The above named elector is personally known to me/has been identified to my satisfaction by ________________ (identifier) who is personally known to me;

(2) I am satisfied that the elector is illiterate/suffers from ____________ (infirmity) and is unable to record his vote himself or sign his declaration;

(3) I was requested by him to mark the ballot paper and to sign the above declaration on his behalf; and

(4) The ballot paper was marked and the declaration signed by me on his behalf in his presence and in accordance with his wishes.

Signature of the Identifier	Signature of the Attesting Officer
If any_________________	Designation______________________
Address________________	Address__________________________
_______________________	_________________________________
	Date_____________________________

Form 14

[See rule 70N(4)(b) and (6)(a)]

Cover "A"

Not to be opened before counting

Election of Members to the Municipal Corporation of _______________ from the _______________ *Ward.

Postal ballot paper

Serial Number of ballot paper ________________________________________

Form 15

[See rule 70N(4)(c)]

Large Cover "B"

To be used at an election of Members to the Municipal Corporation of _____________ from ____________________ * Ward.
Cover "B"	Service unpaid
Every Officer under whose care or through whom a postal ballot paper is sent shall ensure its delivery to the address without delay. [Rule 51A(4)]
Election-Immediate
Postal Ballot Paper
For _____________________________________________________________ * Ward of the Municipal Corporation of _________________________.
(Not to be opened before counting)
To
The Returning Officer **_________________ ___________________ ___________________
Signature of the Sender ___________________

* Returning Officer to insert here the appropriate particulars of the Ward.

** Returning Officer to mention here the full address.

Form 16

[See rules 70N(4)(d) and (6)(a) and (c) and 70W(1)]

Instructions for the guidance of electors for use of postal ballot paper

Election of Members to the Municipal Corporation of __________________ from ____________________ * Ward.

The persons whose names are printed on the ballot paper sent herewith are candidates at the above election. If you desire to vote you shall record your vote in accordance with the directions given in Part-I below and then follow the instructions detailed in Part-II.

Part I

Directions to electors

The number of members to be elected is one.
You have only one vote.
You must not vote for more than one candidate. If you do so your ballot paper shall be rejected.
Record the vote by placing clearly a mark opposite the name of the candidate to whom you wish to give that vote.
The mark shall be so placed as to indicate clearly and beyond doubt to which candidate you are giving your vote. If the mark is so placed as to make it doubtful to which candidate you have given the vote, that vote shall be invalid.
Do not put your signature or write any word or make any mark, sign or writing whatsoever on the ballot paper other than the mark which you are required to make thereon in accordance with paragraph 4.
An elector shall obtain the attestation of his signature on the declaration in Form 13 by a Magistrate or a Gazetted Officer, if he is on election duty, by any Gazetted Officer or by the Presiding Officer of the polling station in which he is on election duty; and

Part II

Instructions for electors

(a) After you have recorded your vote on the ballot, place the ballot paper in the smaller cover marked "A" sent herewith. Close the cover and secure it by seal or otherwise.

(b) You have then to sign the declaration in Form 13 also sent herewith in the presence of a Magistrate or nay other Officer competent to attest your signature (see direction 7 above). Take the declaration to any such Officer and sign it in his presence after he has been satisfied about your identity. The Officer shall attest your signature and return the declaration to you. You must not show your ballot paper to the Attesting Officer not tell him how you have voted.

(c) If you are unable to mark the ballot paper and sign the declaration yourself in the manner indicated above by reason of illiteracy, blindness or other infirmity you are entitled to have your vote marked and the declaration signed on your behalf by any Officer referred to in item (b). Such an Officer shall at your request mark the ballot paper in your presence and in accordance with your wishes. He shall also complete the necessary certificate in this behalf.

(d) After your declaration has been signed and your signature has been attested in accordance with item (b) or item (c) place the declaration in Form 13 as also the smaller cover marked "A" containing ballot paper, in the larger cover marked "B". After closing the larger cover, send it to the Returning Officer by post or by messenger. You have to give your full signature in the space provided on the cover marked "B". No postage stamp need be affixed by you.

(e) You must ensure that the cover reaches the Returning Officer before ** ______________________________ on _______________________**

(f) Please note that :

(i) If you fail to get your declaration attested or certified in the manner indicated above, your ballot paper shall be rejected; and

(ii) If the cover reaches the Returning Officer after _____________ on the ___________________ your vote shall not be counted.

*-Appropriate particulars of the election to be inserted.

**-Here specify the hour and date fixed for the commencement of counting of votes.

Form 17

[See rules 70Q(1), 70R(1)(ii), 70U(2)(a) and (b), 70V(1)]

Part-I Account of votes recorded

Election to the Municipal Corporation _____________________________

Form	Ward	Number
__________________________________________________

Number and Name of Polling Station ________________________________

Identification Number of Voting Machine used at the Polling Station

Control Unit _____________________________

Balloting Unit ___________________________

Total Number of electors assigned to the Polling Station.
Total Number of voters entered in the Register of Voters (Form 11)
Number of voters deciding not to record votes under rule 70M.
Number of voters not allowed to vote under rule 70G or 70H.
Total Number of votes recorded as per voting machine.
Whether the total Number of votes as shown against item 5 tallies with the total Number of voters as shown against item 2 minus Numbers of voters deciding not to record votes as against item 3 minus Number of voters as against item 4 (2-3-4) or any discrepancy noticed.
Number of voters to whom tendered ballot papers were issued under rule 56.
Number of tendered ballot papers.

Serial number
	From	To
(a) received for use ____________________________________________
(b) issued to electors __________________________________________
(c) not used and returned ____________________________________

Account of paper seals

Serial numbers
	From	To		Signature of Polling Agents
1.	Serial number of paper seals supplied		1.	_________________________
	From_____	to________	2.	_________________________
2.	Total numbers supplied.		3.	_________________________
3.	Number of paper seals used		4.	_________________________
4.	Number of unused paper seals returned to Returning Officer (Deduct item 3 from item 2).		5.	_________________________
			6.	_________________________
5.	Serial number of damaged paper seal, if any.		7.	_________________________

Signature of Presiding Officer

Polling Station No.______________

Date __________

Place _________

Part-II - Result of counting

S.No.

Name of Candidate

No of votes recorded

---

Total

Whether the total numbers of votes shown above tally with the total Number of votes shown against the item No. 5 of Part-I or any discrepancy noticed between the two totals.

Place _________

Date __________

Signature of Counting/Supervisor

Name of Candidate/election agent/counting agents

Full Signature

....

Signature of Returning Officer/Presiding Officer".

Persons objected to be registered

Date of presentation of objection, authority to whom it is presented with initials of such authority

Name of process-server by whom duplicate sent to be served on person objected to and date

Under name with No. of roll

Name and description and No. of objector on roll