State of Haryana - Act
Haryana Municipal Corporation Election Rules, 1994
HARYANA
India
India
Haryana Municipal Corporation Election Rules, 1994
Rule HARYANA-MUNICIPAL-CORPORATION-ELECTION-RULES-1994 of 1994
- Published on 4 August 1994
- Commenced on 4 August 1994
- [This is the version of this document from 4 August 1994.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I
1. Short title.
- These rules may be called the Haryana Municipal Corporation Election Rules, 1994.2. Definitions.
- In these rules, unless the context otherwise requires, -Part II
3. [ Appointment of Revising Authorities. [Substituted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
- The Deputy Commissioner shall appoint any Gazetted Officer to be a Revising Authority for the purpose of hearing c;aims and objections relating to ward wise electoral roll and may specify the ward wards for which he shall be the Revising Authority.4. Preparation of ward wise roll.
5. [ [Omitted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
***]| 5. 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. |
6. [ [Omitted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
***]| 6. 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. |
7. [ [Omitted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
***]| 7. 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. |
8. [ [Omitted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
***]| 8. Appointment of Revising Authority.- The Deputy Commissioner may appoint any[Gazetted Officer] [Substituted for 'Magistrate of the First Class' by Haryana Government Notification No. S.O.123/H.A. 16/1994/Section 32/2007 dated 19.12.2007.]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. |
9. [ [Omitted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
***]| 9. 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(c) countersigned by another person whose name is already included in the roll in which the name objected to appears.(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. |
10. [ [Omitted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
***]| 10. 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. |
11. [ [Omitted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
***]| 11. 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. |
12. Revision of roll.
13. [ [Omitted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
***.]| 13. 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. |
14. [ Inclusion, deletion and correction of names in the ward wise electoral roll finally published. [Substituted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
- Any person whose name is not included in the ward wise electoral roll finally published may apply to the Deputy Commissioner for addition/deletion/ correction of his name in the ward wise electoral roll.Provided that the addition/deletion or correction of any name in the ward wise electoral roll of a Municipal Corporation shall only be made, if the name of claimant/applicant exists in the relevant part of assembly electoral roll till the first day of filing nomination papers for the elections of Municipal Corporation.]15. [ [Omitted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
***.]| 15. 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(c) paid in cash against proper printed receipt to the Deputy Commissioner in this behalf; and shall not be refundable.(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. [Added by Haryana Government Notification No. S.O.123/H. A. 16/1994/Section 32/2007 dated 19.12.2007.]
- 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.]16. [ [Omitted by Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).]
***.]| 16. 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(c) accompanied with a fee of five rupees which shall be paid by means of non-judicial stamps or in cash.(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. |
17. Custody and preservation of rolls and connected papers.
18. 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.19. 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
20. Notification of symbols.
21. Election programme and appointment of Returning Officers.
22. 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 :-23. Disqualifications for members.
24. Nomination of candidates.
24A. [ Form of affidavit to be filed at the time of delivering nomination papers. [Added by Haryana Government Notification No. S.O.123/H. A. 16/1994/Section 32/2007 dated 19.12.2007.]
- 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.]25. Deposit to be made by candidate.
| 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, BackwardClass or a Woman |
| 1 | 2 |
| Rs. 3000.00 | Rs. 1500.00 |
26. 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.27. 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.28. Scrutiny of nominations.
29. 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.30. Assignment of Symbols to candidates.
31. List of contesting candidates.
32. Candidate deemed to be elected if the number is one.
33. 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.34. 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 31.35. List of polling stations to be published, polling officers to be appointed and ban on meetings.
36. Design of ballot boxes.
- Every ballot box shall be of such design as may be approved by the State election Commissioner.37. Form of ballot papers.
38. 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.39. Arrangements at polling stations.
40. Appointment of polling agents.
40A. [ Appointment of election agent. [Added by Haryana Government Notification No. S.O.123/H. A. 16/1994/Section 32/2007 dated 19.12.2007.]
- 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.
41. 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 -42. Facilities for woman electors.
43. 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.44. Preparation of ballot boxes for poll.
45. 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.46. Identification of electors.
47. Challenging of identity.
48. Safeguards against personation.
49. Right to vote.
50. [ Voting by marking ballot papers or voting machines. [Substituted by Haryana Government Notification No. S.O.123/H. A. 16/1994/Section 32/2007 dated 19.12.2007.]
- 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.]51. Voting to be in person and not by proxy.
- Voting shall be in person and not by proxy.51A. [ Voting by postal ballot. [Inserted by Haryana Notification No. G.S.R. 67/H.A. 16/94/Section 32/94, dated 11th November, 1994.]
52. Issue of ballot papers to electors.
53. Maintenance of secrecy of voting by electors within polling station and voting procedure.
54. Recording of votes of blind or infirm electors.
55. Spoilt and returned ballot papers.
56. Tendered votes.
57. Closing of poll.
58. 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 66.59. Fresh poll in case of destruction etc. of ballot boxes.
60. Counting of Votes.
61. Counting to be continuous.
62. Recount of votes.
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 :-64. 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 14.65. 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 68.66. Election papers to be forwarded to Deputy Commissioner.
67. Custody of election papers.
68. Filling of casual vacancies.
69. 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.70. 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. [Rule 70A to 70Y inserted by Haryana Government Notification No. S.O.123/H. A. 16/1994/Section 32/2007 dated 19.12.2007.]
- 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, apply mutatis 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.
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 -70E. Preparation of voting machine for poll.
70F. Form of ballot paper.
70G. Procedure for voting by voting machines.
70H. Procedure for voting and secrecy of voting.
70I. Presiding Officer's entry in the voting compartment during poll.
70J. Recording of votes by blind or infirm electors.
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.
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.
70O. Sealing of voting machine after close of poll.
70P. Sealing of polling materials and other papers.
70Q. Accounts of votes recorded.
70R. Transmission of voting machines etc. to the Returning Officer.
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.
70U. Counting of votes.
70V. Sealing of voting machines after counting of votes.
70W. Counting and rejection of postal ballot paper.
70X. Production and inspection of election papers.
70Y. Disposal of election papers.
- Subject to any direction to the contrary given by the State Election Commission or by a competent court-71. Oath of allegiance and term or office of Mayor etc.
72. Election of Mayor etc.
73. 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.74. 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.75. Removal of Mayor, Senior Deputy Mayor and Deputy Mayor.
76. 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:-77. Appointment of Tribunal.
78. Election petition.
79. Deposit to be made when petition is presented and return of deposit.
80. Place and procedure of enquiry.
81. Withdrawal of petition.
82. 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.83. Abatement or substitution on death of petitioner.
84. Grounds for which candidate other than the returned candidate may be declared to be elected.
85. 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.86. 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.87. 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.88. 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.89. 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] [Substituted by Haryana Notification No. 4/4/2017-R-II, dated 14.3.2017 (w.e.f. 4.8.1994).][See rules 4(4)(i)]| Application for inclusion of name, correctionof any entry or transposing of name in another ward in theelectoral roll | ||
| ToThe Revising Authority,Municipal Corporation___________WardNo. ____________OrDeputy Commissioner_______________, | Space for pasting one recent passport sizePhotograph (3.5 Cm X 3.5 Cm) showing Frontal view of full facewithin this box | |
| I request that my name be included, corrected ortransposed in the electoral roll for the above MunicipalCorporation. My Particulars in support of my claim for Inclusion,correction or transposing in the electoral rolls are given below: | ||
| Applicant's details | Name | Surname (if any) |
| *Father'sMother's NameHusband's | Name | Surname (if any) |
| 1. That my name ismentioned at Sr. No_______________,Part No. __________of____________ Legislative Assembly Constituency but has not beenincluded in the electoral rolls of Municipal Constituency whichmay now be included in the ward No. _______________2. That my name hasbeen included at Sr. No _______________Part No. _____________of____________Legislative Assembly Constituency and included myname in the electoral roll of Ward No. _______________ ofMunicipal Corporation.3. That the entry inelectoral roll _______________ be corrected as ____________ onthe ground that _______________.4. That my name beentered in ward No. __________________ instead of Ward No.____________.5. Entry of my particular in the electoral rollof Legislative Assembly Constituency are mentioned as_____________ but in the electoral roll of Municipal Corporationhave been mentioned as ____________ and request to correct as_______________________ | ||
| 6. DeclarationI hereby declare that the facts and particulars mentionedabove are true to the best of my Knowledge and belief. | ||
| Place:Date:Signature or thumbimpression of the claimantComplete Address of the applicant_________________________________________________________________________________Mobile No. ___________________________ |
| Detail of action taken(To be filled by Revising Authority ofMunicipal Corporation or the Deputy Commissioner as case may be) |
| Place:Date: | Signature of Revising Authority | (Seal of the Revising Authority) |
| Application for objecting inclusion or seekingdeletion of name in electoral roll | ||
| ToThe Revising Authority,Municipal Corporation ________________Ward No. _______________OrDeputy Commissioner__________________. | Space for Pasting one recent Passport sizePhotograph (3.5 Cm X 3.5 Cm) showing Frontal view of full facewithin this box | |
| Sir,I object to the proposed inclusionof the name of the undermentioned person in the electoral rollfor the above Municipal Corporation. Particulars in support of myobjection are given below:I submit that the entry relating to myself/the person namedbelow is required to be deleted for the reasons stated hereunder: | ||
| Application's details | Name | Surname (if any) |
| *Father's/Mother's Name/Husband's | Name | Surname (if any) |
| 1. That the name ofSh./Smt./Miss ________________ is mentioned at Sr. No._________________ of Ward No. _______________ in the electoralrolls of Municipal Corporation, but the area in which the saidperson is residing does not fall in the limit of the MunicipalCorporation.2. That the name of Sh./Smt./Miss _______________ is includedin Ward No. __________________ instead of Ward No._________________. | ||
| 3. DeclarationI hereby declare that the facts and particularsmentioned above are true to the best of my Knowledge and belief. | ||
| Place:Date:Signature or thumbimpression of the claimantComplete Address of the applicant___________________________________________________________________________Mobile No._________________________ |
| Detail of action taken(To be filled by Revising Authority ofMunicipal Corporation) |
| Place:Date: | Signature of Revising Authority | (Seal of the Revising Authority) |
| [Form-C] [Form A Substituted by Haryana Notification No. S.O. 65/H.A. 16/1994/Section 32/2012, dated 31.8.2012.][See rules 9(3)(a), 14 and 15]{| | |||||||
| Application for correction to particularsentered in electoral roll | |||||||
| ToThe Revising Authority/DeputyCommissioner__________________,Municipal Corporation___________Ward No. ____________Sir | SPACE FOR PASTING ONE RECENT PASSPORT SIZEPHOTOGRAPH (3.5 cm X 3.5 cm) SHOWING FRONTAL VIEW OF FULL FACEWITHIN THIS BOX | ||||||
| I request that entry relating to myself appearing in theelectoral roll the above be included in the electoral roll forthe above Municipal Corporation is not correct and it should becorrected. Correct particulars in support of my request are givenbelow: | |||||||
| 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'sMother's NameHusband's | Name | Surname (if any) | |||||
| II. Particulars of place of ordinary residence (fulladdress) | |||||||
| 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 CardNumber: | |||||||
| Name of MunicipalCouncil/Committee: | |||||||
| IV. Detail of entries to be corrected: | |||||||
| *Myname/*Age/*Father's/Mother's/Husband's name/*Sex/*Address may becorrected in term of inFormation provided in this Form above. | |||||||
| Place:Date:Signature or thump impression of the elector |
| Detail of action taken(To be filled by Revising Authority ofMunicipal Corporation) |
| Place:Date: | Signature of Revising Authority | (Seal of the Revising Authority) |
| Application for transposition of entry inelectoral roll | |||||||
| ToThe DeputyCommissioner___________________________________________,Sir | SPACE FOR PASTING ONE RECENT PASSPORT SIZEPHOTOGRAPH (3.5 cm X 3.5 cm) SHOWING FRONTAL VIEW OF FULL FACEWITHIN THIS BOX | ||||||
| I request that entry in the electoral roll for the MunicipalCorporation ____ Ward _____ relating to myself/person named belowshould be transposed to the relevant part of the roll in thisMunicipal Corporation. Particulars of the entry to transposed aregiven below: | |||||||
| I. Details of person whose entry is to be transposed: | Name | Surname (if any) | |||||
| Part number of electoral roll inwhich his/her name is included: | His/her serial number in that part: | Elector's Photo Identity Card number(if issued) | |||||
| *Father'sMother's NameHusband'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 onthe date of application | Years: | Months: | |||||
| IV. Part number to which the entry has to be transposed (ifknown) | |||||||
| V. Details of applicant: | Name | Surname (if any) | |||||
| Part number of electoral roll inwhich his/her name is included: | His/her serial number in thatPart: | Elector's Photo Identity Cardnumber (if issued) | |||||
| Note:-Any personwho makes a statement or declaration which is false and which heeither knows or believes to be false or does not believe to betrue, is punishable under section 8C of the Haryana MunicipalCorporation Act,, 1994 (16 of 1994) | |||||||
| VI. Declaration | |||||||
| I hereby declare that thefacts and particulars mentioned above are true to the best of myknowledge and belief.Place:Date:Signature or thump impression of the elector | |||||||
| Detail of action taken(To be filled by Deputy Commissioner of thedistrict) |
| Place:Date: | Signature of Deputy Commissioner | (Seal of the Deputy Commissioner) |
| 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 ispresented with initials of such authority | Date of decision with note as to presence of parties | Decision----------AdmittedRejected | Signature of Revising Authority | Signature of Official by whom effect was given to the decisionof the Revising Authority and date | |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| S. No. | Ward | Persons objected to be registered | Date of presentation of objection, authority towhom it is presented with initials of such authority | Name of process-server by whom duplicate sent tobe served on person objected to and date | ||
| Under name with No. of roll | Name and description and No. of objector on roll | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Abstract of process-server's report and date | Date of decision with note as to presence of parties | Decision---------------AdmittedRejected | Signature of Revising Authority | Signature of official by whom effect was given to the decisionof the Revising Authority and date | |
| 8 | 9 | 10 | 11 | 12 | 13 |
| Name of the Counting Agent | Address of the Counting Agent |
| 1 | |
| 2 | |
| 3 | |
| 4 | |
| 5 | |
| 6 | |
| etc. |
| We agree to act as such Counting Agents. | |
| 1 | |
| 2 | |
| 3 | |
| 4 | |
| 5 | |
| 6 | |
| etc. |
1.
2.
3.
4.
5.
6.
etc.Place ___________Date _____________Signature of Counting AgentsSigned before meSignature 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.| 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 |
| Serial No. of elector on the roll | Full name of elector | Full name of companion | Address of companion | Signature of companion |
| 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 hasalready voted | Signature or thumb-impression of person tendering votes. |
| 1 | 2 | 3 | 4 | 5 |
| 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) forviolation of voting procedure(b) for anyother reason(5) Ballot papers used as tenderedballot papers(6) Ballot papers which should be in the Ballot Box. |
| Name of candidate | Number of valid votes cast |
| 1. ________________ | __________________ |
| 2. ________________ | __________________ |
| 3. ________________ | __________________ |
| 4. ________________ | __________________ |
| ________________etc. | __________________ |
| 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. | |||||||
| A | B | C | D | E | F | G | H | ||||||
| 1 | |||||||||||||
| 2 | |||||||||||||
| 3 | |||||||||||||
| 4 | |||||||||||||
| 5 | |||||||||||||
| Etc. | |||||||||||||
| Total |
| Serial Number | Serial number of elector in the electoral roll | Signature/thumb impression of elector | Remarks |
| 123456etc. |
| Signature of the Identifier | Signature of the Attesting Officer |
| If any_________________ | Designation______________________ |
| Address________________ | Address__________________________ |
| _______________________ | _________________________________ |
| Date_____________________________ |
| Signature of the Identifier | Signature of the Attesting Officer |
| If any_________________ | Designation______________________ |
| Address________________ | Address__________________________ |
| _______________________ | _________________________________ |
| Date_____________________________ |
| 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________________________________________ |
| To be used at an election of Members to the MunicipalCorporation of _____________ from ____________________ * Ward. | |
| Cover "B" | Service unpaid |
| Every Officer under whose care or through whom a postal ballotpaper is sent shall ensure its delivery to the address withoutdelay. [Rule 51A(4)] | |
| Election-Immediate | |
| Postal Ballot Paper | |
| For_____________________________________________________________ *Ward of the Municipal Corporation of _________________________. | |
| (Not to be opened before counting) | |
| To | |
| TheReturning Officer**_______________________________________________________ | |
| Signature of the Sender ___________________ |
Part I – Directions to electors
1. The number of members to be elected is one.
2. You have only one vote.
3. You must not vote for more than one candidate. If you do so your ballot paper shall be rejected.
4. Record the vote by placing clearly a mark opposite the name of the candidate to whom you wish to give that vote.
5. 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.
6. 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.
7. 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 recordedElection to the Municipal Corporation _____________________________| Form | Ward | Number |
| __________________________________________________ |
1. Total Number of electors assigned to the Polling Station.
2. Total Number of voters entered in the Register of Voters (Form 11)
3. Number of voters deciding not to record votes under rule 70M.
4. Number of voters not allowed to vote under rule 70G or 70H.
5. Total Number of votes recorded as per voting machine.
6. 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.
7. Number of voters to whom tendered ballot papers were issued under rule 56.
8. Number of tendered ballot papers.
| Serial number | |||
| From | To | ||
| (a) received for use____________________________________________ | |||
| (b) issued to electors__________________________________________ | |||
| (c) not used and returned ____________________________________ |
9. 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. | _________________________ |
| S.No. | Name of Candidate | No of votes recorded |
| 123456--- | ||
| Total |
| Name of Candidate/election agent/counting agents | Full Signature |
| 12345678........ |