State of Madhya Pradesh - Act
The M.P. Krishi Upaj Mandi (Mandi Samiti Ka Nirvachan) Rules, 1997
MADHYA PRADESH
India
India
The M.P. Krishi Upaj Mandi (Mandi Samiti Ka Nirvachan) Rules, 1997
Rule THE-M-P-KRISHI-UPAJ-MANDI-MANDI-SAMITI-KA-NIRVACHAN-RULES-1997 of 1997
- Published on 19 June 1998
- Commenced on 19 June 1998
- [This is the version of this document from 19 June 1998.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
- These rules may be called the Madhya Pradesh Krishi Upaj Mandi (Mandi Samiti Ka Nirvachan) Rules, 1997.2. Definitions.
- In these rules, unless the context otherwise requires,-Chapter II
Allotment of Seats in the Constituencies
3. [ [Substituted by Notification No. D-5-86-97-XIV-3, dated 6-3-1999.]
4.
5.
6. Assistance for reservation.
- The Collector or the Managing Director may take necessary assistance from their subordinates and other officers in the matter of formation of constituencies, inspection and allotments of places.Chapter-IV List of Voters7. Preparation of Voter List.
8. Publication of Voters' List for inviting claims and objections.
9. Claims and objections.
10. Disposal of Claims and Objections.
11. Inspection and issue of certified copies.
12. Duration of Voters' list.
13. Finalisation of Voters List.
- No correction, inclusion or exclusion in the voters' list shall be made after finalisation under Rule 10 :Provided that clerical, technical or printing error or omission, apparent on the face of the record, may be corrected by the Registration Officer at any time before the last date and time fixed for nominations.13A. [ Deletion of entries in the voters list in certain cases. [Inserted by Notification No. D-5-86-97-XIV-3, dated 6-3-1999.]
14. Custody and destruction of papers.
- The preliminary voters list published under Rule 8 and the claims and objections received under Rule 9 alongwith the order of the Registration Officer or Appellate Authority thereon be preserved in the record room of the District Election Officer until after the next revision of the lists and shall then be destroyed.14A. [ Preparation of voters list for agriculturist representatives for the first time. [Inserted by Notification No. D-5-86-97-XIV-3, dated 6-3-1999.]
14B. Preparation of voters list for the election of traders representatives for the first time.
Chapter V
Administrative Machinery for Conduct of Election
15. Officers and Staff for conducting Election.
16. Power of the State Government and the Collector to issue Special Orders and Directions.
- Notwithstanding anything contained in these Rules, the State Government or Managing Director or Collector may issue such special or general orders or directions which may not be inconsistent with the provisions of the Act for fair and free elections.17. District Election Officer and Deputy Election Officer.
- The State Government shall appoint a District Election Officer for each district and one or more Deputy District Election Officers as may be deemed necessary to assist the District Election Officer in the conduct of Election of Mandi Committees in the District.17A. [ Observers. [Inserted by Notification No. D-5-86-97-XIV-3. dated 6-3-1999.]
18. Appointment of Returning Officer.
- The State Government or when so authorised by the State Government, the District Election Officer shall appoint an officer of the State Government not below the rank of a Naib-Tahsildar as a Returning Officer for the conduct of Election of Mandi Committee :Provided that nothing in this rule shall prevent the District Election Officer from appointing same person to be a Returning Officer for elections of more than one Mandi Committee.19. Appointment of Assistant Returning Officer.
20. General duty of Returning Officer.
- It shall be the general duty of the Returning Officer in any election to perform all such acts and things as may be necessary for effectively conducting the election in the manner provided by these rules.21. Polling Stations.
- The District Election Officer shall provide sufficient number of polling stations for every election under these rules and shall, not later than 15 days before the date of poll, publish a list showing the polling stations, the areas for which they will be set up and description of the office/offices for which votes shall be cast in the polling station.22. Appointment of Presiding and Polling Officers.
23. General duty of Presiding Officer.
- It shall be the general duty of the Presiding Officer at a Polling Station to maintain peace and order thereat and to see that the poll is fairly taken.24. General duty of the Polling Officer.
- It shall be the general duty of every Polling Officer at Polling Station to assist the Presiding Officer.25. Control of District Election Officer.
- The Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officers and all other persons appointed in accordance with these rules shall work within the overall direction and control of the State Government and work under the control of District Election Officer.Chapter-VI Conduct of Election26. Notice of election and time schedule therefor.
- In accordance with time schedule prescribed by the State Government the District Election Officer shall by notice in Form 4 specify-27. Manner of publication of notice under Rule 26.
- Notice under Rule 26 shall be published at least twenty days before the date appointed for the poll by affixing a copy of such notice on the notice board in the office of the District Election Officer and the concerned Janpad Panchayat and Mandi Committee.28. Extension of time for completion of election.
- The State Government may on special circumstances and on reasons which it considers sufficient, extend the time for completion of any election by making necessary amendments in time schedule prescribed in Rule 26.29. Nomination of Candidates.
30. Presentation of Nomination Papers.
31. Security Deposits.
- A candidate shall not be deemed to be duly nominated for election unless he has deposited or caused to be deposited either before or at the time of presentation of nomination papers under Rule 30 to the Returning Officer the following security in cash-32. Notice of Nomination and Time and Place for Scrutiny.
33. Scrutiny of Nomination Papers.
34. Withdrawal of Candidature.
35. Preparation of list of Contesting Candidates.
36. Allotment of Symbols for Election.
37. Publication of list of Contesting Candidates.
- The Returning Officer shall cause a copy of the list of contesting candidates prepared under Rule 35 to be published immediately after allotment of symbols to the candidates by affixture on the notice board of concerned Janpad Panchayat and Mandi Committee and shall also supply a copy thereof, to each contesting candidate or his election agent.38. Appointment of Election Agent and revocation of such Appointment.
39. Appointment of Polling Agents.
40. Appointment of Counting Agent.
41. Revocation of the appointment or death of Polling Agent.
42. Revocation of the appointment or death of the Counting Agent.
43. Death of candidate before poll.
- Poll shall not be countermanded due to death of a contesting candidate before the commencement of poll. But if as a result of death of contesting candidate for any seat there remains only one contesting candidate, the Returning Officer shall, upon being satisfied of the fact of death of the candidate, countermand the poll and report the fact to the District Election Officer and all proceedings with reference to the election shall be commenced a new in all respects as if for a new election in accordance with the rules hereinbefore :Provided that-44. Uncontested Elections.
45. Contested Elections.
- In cases other than those covered by Rule 44 a poll shall take place.Chapter-VIII Poll and Voting for Election46. Manner and Voting at Election.
- At every election where a poll is taken, votes shall be given by Ballot in the manner hereinafter provided and no votes shall be received by proxy.47. Ballot Box.
- Every ballot box shall subject to general or special order of the District Election Officer, be of such design that ballot papers can be inserted therein but cannot be withdrawn therefrom without the box being unlocked and the seals being broken.48. Form of Ballot Paper.
49. Arrangement of Polling Station.
50. Notice at the Polling Station.
- Outside and inside of each polling station there shall be displayed prominently-(a)a notice specifying the polling area, the voters of which are entitled to vote at the polling station; and(b)a notice giving the name of each candidate in Hindi in the Devnagri Script in the same order in which the names of such candidates appear in the list of contesting candidates published under Rule 35;(c)Prohibition of canvassing in or near polling station-(i)No person shall, on the date on which a poll is taken at any polling station, commit any of the following acts within the polling station or any road, street, lane or open space within a distance of one hundred metres of the polling station, namely,-(a)canvassing for votes; or(b)soliciting the vote of any voter; or(c)persuading any voter not to vote at the election; or(d)persuading any voter not to vote for any particular candidate; or(e)exhibiting any notice or sign (other than an official notice) relating to election.(ii)Any person who contravenes the provisions of sub-rule (1) shall be punishable with fine which may extend to One hundred and Fifty rupees.(d)Penalty for disorderly conduct in or near polling stations-51. Admission to Polling Station.
- The Presiding Officer shall regulate the number of voters to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than-52. Ballot boxes to be locked and sealed before the commencement of poll.
53. Facilities for women voters.
54. Identification of voters.
55. Challenging of identity.
56. Safeguards against personation.
57. Issue of Ballot Paper.
58. Voting procedure.
59. Recording of votes by blind or infirm voter.
60. Spoiled and returned ballot papers and ballot papers found out side the Ballot Boxes.
61. Tendered votes.
62. Closing of poll.
63. Sealing of ballot boxes after poll.
64. Account of ballot paper.
65. Sealing of other packets.
66. Delivery of ballot boxes, packets etc. to the Returning Officer.
67. Adjournment of poll in emergency.
68. Recommencement of adjourned poll.
69. Fresh poll in case of destruction, tampering etc. of ballot boxes or due to procedural irregularity.
70. Supervision of counting of votes.
- At every election where a poll is taken, votes shall be counted under the supervision and direction of either the Returning Officer or such other officer as may be authorised by him in this behalf and each contesting candidate, or his election agent and his counting agents shall have a right to be present at the time of counting.71. Admission to the place fixed for counting.
72. Scrutiny and opening of ballot boxes.
73. Scrutiny and rejection of ballot papers.
74. Counting of Votes.
75. Counting to be continuous.
- The Returning Officer or such other officer authorised by him, shall as far as practicable, proceed continuously with the counting of votes and shall, during any intervals when the counting has to be suspended, keep the ballot papers, packets and other papers relating to the election sealed with his own seal and the seals of such candidates or their election or counting agents as may be desirous of affixing their seals and shall cause adequate precautions to be taken for their safe custody during such intervals.76. Recommencement of counting after fresh poll.
77. Recount of Votes.
78. Preparation of return of election and declaration of result.
79. Equality of Votes.
- If, after the counting of votes is completed, equality of votes is found to exist between any candidate and an 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 proceed as if the candidate on whom the lot falls has received one additional vote, he shall be declared elected by the Returning Officer and in such a case the Returning Officer shall add the following words at the end of Return in Form 25 or 26 as the case may be, namely, "by draw of lot'.80. Grant of Certificate of Election to the elected candidate.
- As soon as may be after a candidate has been declared elected under Rules 78 and 79 the Returning Officer shall grant to such candidate a certificate of election in Form 28 and obtain from the candidate an acknowledgement of its receipt duly signed by him.81. Powers of District Election Officer to correct clerical or arithmetical mistakes or errors.
82. Election of trader's representative.
83. Election of the Chairman.
- Notwithstanding anything contained in these rules, the provisions of Rules 43 to 83 shall apply for the election of the Chairman of Market Committee.Chapter-X Election of Vice-Chairman84. Election of Vice-Chairman of the Market Committee.
84A. [ Election Petition. [Inserted by Notification No. D-15-41-05-XIV-3, dated 31-3-2006.]
84B. Declaration of election as void.
85. Expenditure in connection with or incidental to such Elections.
- All expenditure incurred by the election authority in connection with or incidental to the Election of the Market Committee shall be met from the Market Committee Fund. If the Fund in the Market Committee is not available, then from the Fund of the State Agriculture Marketing Board.86. Public Building for election purposes.
- Any Government building within the limits of the Market area selected by the Election Authority for the location of the Polling Station for the conduct of the Election shall be placed at the disposal of the Presiding Officer with effect from such date as the Election Authority may direct.87. Return or forfeiture of Security Deposit.
88. Custody of papers relating to Election.
- The District Election Officer shall keep in custody the packets referred to in Rules 64 and 65 and all other papers relating to the Election.89. Production and Inspection of Election Papers.
90. Repeal and Savings.
- On and from the date on which these rules come into force so much of the provisions of the Madhya Pradesh Krishi Upaj Mandi (Adhisuchana Prakashan Riti, Bharsadhak Samiti Tatha Mandi Samiti Ka Gathan) Rules, 1974, as relate to the matters covered by these rules stand repealed :Provided that anything done or any action taken under any of the provisions so repealed unless such thing or action is inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of the rules.Form 1[See Rule 7(1)]Voters ListName of MandiDistrictName of Constituency :(if any)Serial Number of Constituency :| S. No. | Serial No. of Agricultural Holding/Licence Number | House Number (if any) | Name of Voter | Father's/ Husband's Name | Male/ Female | Age | Agriculturist/ Trader |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Place................. | .......................................... |
| Date................. | Registration Officer (Mandi) |
| S. No. | Serial No. of Agricultural Holding/Licence Number | House Number (if any) | Name of Voter | Father's/ Husband's Name | Male/ Female | Age | Agriculturist/ Trader |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| (2) Correction | |||
| SI. No. of Main Voters List | Name of Voter | Present entry (Which is to be amended) | Amended entry |
| (1) | (2) | (3) | (4) |
| (3) Deletion | |
| SI. No. of Main Voters List | Name of the Voter |
| (1) | (2) |
| Place................. | ......................... |
| Date................. | Registration OfficerAddress................. |
| Serial No. | Name of the Polling Station | Serial Number of Polling Station | Area of Polling Station | Seat/Post to which the votes will be cast at thePolling Station |
| (1) | (2) | (3) | (4) | (5) |
| Place................. | .................................................... |
| Date................. | District Election Officer (Mandi) |
| Place................. | ........................................ |
| Date................. | District Election Officer |