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State of Himachal Pradesh - Section

Section 102 in Himachal Pradesh Municipal Election Rules, 2015

102. Repeal and savings.

(1)The Himachal Pradesh Municipal Elections Rules, 1994, the Himachal Pradesh Municipal (Delimitation and Reservation of wards) Rules, 1994 and the Himachal Pradesh Municipal (Reservation and Elections to the office of the President and Vice- President) Rules,1995, are hereby repealed, provided that.-
(a)such repeal shall not affect the previous operation of the said rules, notifications and orders or anything done or any action taken thereunder; and
(b)any proceedings under the said rules, notifications or orders pending at the commencement of these rules shall be continued and disposed of as far as may be, in accordance with the provisions of these rules.
(2)Nothing in these rules shall operate to deprive any person, to whom these rules apply, of any right of appeal which has accrued to him under the rules so repealed under sub-rule (1) in respect of any order passed before the commencement of these rules.
(3)A petition pending at or preferred after the commencement of these rules against an order made before such a commencement shall be considered and order thereon shall be passed in accordance with these rules.Form-1(see rule 6 (1))Notice of publication of the proposals for dividing the municipality into wards and defining the limits of each ward.Notice is hereby given that the proposals for dividing _____________ municipality into wards and defining the limits of each such ward shall be available for inspection in the office of the undersigned and the office of the municipality ___________ during the office hours for the next 10 days.If any resident has any objection(s) or suggestion(s) to make with regard to aforesaid proposal against anything contained in it, he may send the same to the undersigned in form-2 within ten days from the date of publication of this notice and objection(s) or suggestion(s), if any, received within the stipulated period shall be considered before finalizing the proposal.Deputy CommissionerPlace________Date__________Form-2(see rule 6(2))ToThe Deputy Commissioner_______________________Subject:- Objection(s) or suggestion(s) to the draft delimitation of wards.Sir,Please refer to the draft delimitation proposals of wards published on_______ in respect of ______________ Municipal area.That I am a resident of ward No.____________ of _____________Municipal area.That I have the following objection(s) or suggestion(s) to the draft proposals:-
(1)
(2)
(3)
(4)Yours faithfully,Signature, full name & address.Place:-Date:-Form-3(see rule 19)Notice of Publication of Electoral RollToThe voters of ward No._____________ of Municipality of _____________District, Himachal; Pradesh.Notice is hereby given that the electoral roll has been prepared in accordance with the Himachal Pradesh Municipal Election Rules, 2015 and copy thereof is available during office hours for inspection at my office and in the office of the Municipality and in the office of the Tehsildar.If there be any claim for the inclusion of a name in the electoral roll or any objection(s) to the inclusion of a name or any objection(s) to particulars in any entry, it shall be lodged on or before ...........(date) in forms 4,5, and 6 as may be appropriate.Every such claim or objection(s) shall be addressed to ___________________________ (full address) Revising Authority and should either be presented in person or through agent or sent by the registered post so as to reach him not later than the aforesaid date.Electoral Registration Officer(Municipal Council/Nagar Panchayat)Place:date:Form-4(see rule 22 (1) and 28)Claim Application For Inclusion of NameToThe Revising Authority/Electoral Registration Officer,(Municipal Council/Nagar Panchayat).Sir,I request that my name be included in the electoral roll for the ___________ ward relating to ______________Municipality.Name (in full)_________________________Father's/ Mother's/ Husband's Name__________________________Particulars of place of residence are:House No.___________________Street/Mohalla Village______________ Post office_____________Tehsil.......District...........I hereby declare that to the best of my knowledge and belief that -
(i)I am a citizen of India.
(ii)My age on i.e. date notified by the State Election Commission under clause (a) of rule 17 was ________ years___________ months.
(iii)I am an ordinary resident at the address given above.
(iv)I have not applied for the inclusion of my name in the electoral roll for any other ward of the municipality.
(v)My name has not been included in the electoral roll for any ward of the above mentioned municipality or any other municipality or Gram Sabha constituted under the Himachal Pradesh Panchayati Raj Act,1994, as the case may be. Or
That my name has been included in the electoral roll for the ___________________ ward under the address mentioned below and I request that the same may be excluded from the electoral roll.Signature/thumb-impression of claimant.(full postal address).I further declare that the facts submitted by me herein above are true and I also know that any person who makes a statement of declaration which is false and which he either knows or believes to be false or does not believe to be true is punishable in accordance with the law in force.Signature/thumb-impression of claimant.Place: ............................................Date: .................................................I am a voter included in the electoral roll of the same part in which the claimant has applied for inclusion viz. part No.................; relating to...................... my serial No. therein is .................... I support this claim and countersign it.Signature/thumb-impression of elector supporting claim.(full postal address).............................Form-5[see rule 22(1) ]Objection To Inclusion of NameToThe Revising Authority,_________________ward.Sir,I object the inclusion of the name of ...............at serial No. ............. in the electoral roll ...............ward relating to...................... Municipality for the following reasons:...........................................................................................................................................................I hereby declare that the facts mentioned above are true to the best of my knowledge and belief and that my name is included in the electoral roll for this ward as follows:-Name...........................................................(in full)Father/Mother/Husband's name.....................................Serial No....................................No. and name of the ward..................................relating to..................................Municipality.Signature/thumb-impression of objector.(full postal address) ..............................I am a voter included in the same electoral roll in which the name objected appears, viz. No. and name of the ward relating to ....................... Municipality. My Sr. No. therein is ................... I support this objection and countersign it.Counter Signature/thumb-impression of the elector supporting objection.(full postal address).Note. - Any person who makes a statement of declaration which is false and which he either knows or believes to be false or does not believe to be true shall be punishable in accordance with the law in force.Form-6(see rule 22 (1)Objection To Particulars In Any EntryToThe Revising Authority/Electoral Registration Officer, ____________________ward.Municipal Council/Nagar Panchayat____________.Sir,I submit that the entry relating to myself which appears at Sr. No. ........... in the roll ward relating to .............municipality ...................... is incorrect which may be corrected as follows:-...............................................................................................................Signature/thumb-impression of claimant.(full postal address).Place:DateForm-7(see rule 22 (4),(5) and rule 24 )Register of Claim For Inclusion of Name.................................Municipality..................ward
Sr. No. Name of claimant Father's name and address Date of presentation on of claim Date of decision with note in the presence ofthe parties Decision Signature of revising authority Signature of official by whom effect was givento the revising authority and date
Admitted Rejected
1 2 3 4 5 6 7 8 9
                 
Form-8(see rule 22 (4), (5) and rule 24)Register of Objection to Inclusion of Names.................................Municipality....................ward
Sr. No. Person objection to Father/husband's name and address of theobjector Sr. No. of the objector in the roll Date of presentation of objection.
  Under name of With Sr. No. in the roll      
1 2 3 4 5 6
           
Date of decision with note as to presence ofparties Decision Signature of Revising Authority Signature of official by whom effect was givento the decision of revising authority and date
Admitted Rejected
7 8 9 10 11
         
Form-9(see rule 22 (4), (5) and rule 24)Register of Objection To The Particulars In An Entry.................................Municipality....................ward
Sr. No. Name of the objector Date of presentation of objection Particular as existed in the roll Correct particulars as requested by objector
1 2 3 4 5
         
Decision Signature of the revising authority Signature of official by whom effect was givento the decision of revising authority and date
Admitted Rejected
6 7 8 9
       
Form-10[see rule- 23 (1)]List of Claims.................................Municipality....................ward
Date of receipt Sr. No. Name of claimant Name of Father/husband/mother Address Date, time & place of hearing
1 2 3 4 5 6
           
           
           
           
Signature of Revising AuthorityForm-11[see rule 23 (1)]List of Objections To Inclusion of Names.................................Municipality....................ward
Date of receipt Sr. No. Full name of objector Particulars of name objected to Objection in brief Date, time and place of hearing
Sr. No. of entry Name in full
1 2 3 4 5 6 7
             
             
             
             
             
Signature of Revising AuthorityForm-12[(see rule 23 (1)]List of Objection To Particulars In Entries.................................Municipality....................ward
Date of receipt Sr. No. Full name of objector Part No. and Sr. No. of entry Nature of objection Date, time and place of hearing
1 2 3 4 5 6
           
Signature of Revising AuthorityForm-13.[see rule 23(2)]Notice of Hearing of ClaimTo........................................................................................................(Full name and address of claimant)Reference No.......................Your claim for the inclusion of your name in the electoral roll will be heard at...............(Place)at..................O'clock on the...............day of.......................201 .You are requested to present personally or through your authorized agent at the hearing with such evidence as you may like to adduce.Place:Date:Signature of Revising AuthorityWard --------------------------------Form-14[see rule 23(2)]Notice of Hearing of Objection.To.......................................................................................................(Full name and address of /objector)Reference/objection No.....................................Your objection to the inclusion of the name of.......................will be heard at...............(Place)at..................O'clock..................... on the...............day of.......................201.You are directed to be present personally or through your authorized agent at the hearing with such evidence as you may like to adduce.Place:Date:Signature of Revising AuthorityWard...........................................Form-15[see rule 23(3)]Notice of Hearing of ObjectionTo.......................................................................................................(Full name and address of person against whom objection is received)Reference/objection No..............The objection against inclusion of your name at Serial No..........................in the Electoral roll for ....................................Ward relating to............................Municipality filed by............................(Full name and address of objector)will be heard at........................(Place) at...................of..........day of.....................200You are directed to be present personally or through your authorized agent at the hearing with such evidence as you may like to adduce.The grounds of objection(in brief) are:-
(a)
(b)
(c)Place:
Date:Signature of Revising AuthorityWard...........................................Form-16[see rule 23(2)]Notice of Hearing of An Objection To Particulars In The Electoral Roll.To.......................................................................................................(Full name and address of objector)Reference/objection No.............Your objection to certain particulars in the entry relating to you will be heard at......................(Place) at.................O'clock on the ........................day of..................20 .You are directed to be present personally or through your authorized agent at the hearing with such evidence as you may like to adduce.Place:Date:Signature of Revising AuthorityWard...................................Form-17(see rule 25(1)Notice of Final Publication of Electoral Roll.It is hereby notified for public information that electoral roll for ward No. ......................(Ward) of Municipality...............has been prepared in accordance with the Himachal Pradesh Municipal Election Rules, 2015 and a copy of the said electoral roll is hereby published finally.Date:Place:Electoral Registration Officer(Municipal Council/Nagar Panchayat)Form-18.(see rule 27)Application For Inclusion or Deletion of Entry In Electoral Roll.ToThe Electoral Registration Officer,......................................Sir,I submit that the entry at Serial No...................in the Electoral roll for.............................ward/ Polling Station relating to Shri./Smt................................................son/daughter of Shri/Smt...........................................................requires to be included/deleted as the said person is not entitled/entitled to be registered in the Electoral roll for the following reasons:-..................................................................I hereby declare that the facts submitted by me hereinabove are true to the best of my knowledge and belief and I also know that any person who makes a statement of declaration which is false and which he either knows or believes to be false or does not believe to be true is punishable in accordance with the law in force.I declare that I am a voter of this ward being enrolled at Serial No.................Place:Date:Signature/thumb impression of applicant(Full postal address).Form-19.(see rule 36)Notice of Election Programme.Notice is hereby given that -