State of Goa - Act
The Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996
GOA
India
India
The Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996
Rule THE-GOA-PANCHAYAT-AND-ZILLA-PANCHAYAT-ELECTION-PROCEDURE-RULES-1996 of 1996
- Published on 7 November 1996
- Commenced on 7 November 1996
- [This is the version of this document from 7 November 1996.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
/DP/DR-EP/96. - Whereas the draft of the Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996, was published as required by sub-section (1) of section 240 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), at pages 211 to 230 of the Official Gazette (Extraordinary) Series I, No. 19 dated 8-8-1996, under Notification No. 1/DP/DR- -EP/96 dated 26-7-1996 of the Department of Community Development and Panchayats, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of fifteen days from the date of publication of the said Notification in the Official Gazette;And Whereas the said Gazette was made available to the public on 8th August, 1996;And Whereas vide subsequent Notification No. 1/DP/DR-EP/96 dated 5-9-1996, the time limit for filing objections/suggestions to the said draft rules was extended upto 9-9-1996;And Whereas objections/suggestions received from the public on the said draft have been considered by the Government.Now, Therefore, in exercise of the powers conferred by section 15 and sub-section (2) of section 125 read with sub-section (1) of section 240 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), the Government of Goa hereby makes the following rules, namely:-Chapter I
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires,-Chapter II
Election
3. Formation of wards/constituencies.
4. Publication of wards/constituencies.
- The wards/constituencies formed under rule 3 be notified by affixing a statement thereof in Form No. 10 or Form No. 11, as the case may be, to the Notice Board of the Director's Office, Office of Chief Executive Officer, Mamlatdar's Office, Office of the Block Development Officer and the Panchayat Office or in any conspicuous place at the Head Quarters of the Panchayats, where no Panchayat Office is established. The Statement shall also be published in the Official Gazette.Preparation, Maintenance and Custody of Voters List5. Preparation of electoral roll.
- The electoral roll of the Goa Legislative Assembly prepared under the provisions of the Representation of the People Act, 1950 (Central Act 43 of 1951), and for the time being in force on such date as the Commissioner may, by general or special order notify in this behalf (being a date not earlier than one month from such notification), for such Constituency of the Assembly or any part thereof as is included in the area within the jurisdiction of the Panchayat, shall be divided by the Director into different sections corresponding to the different wards of Constituencies of a Panchayat or Zilla Panchayat by the Government as the case may be. The ward-wise or constituencywise list so obtained shall collectively form the electoral roll of the concerned Panchayat or Zilla Panchayat as the case may be until the Commissioner notifies a different list under this rule.6. Custody of the electoral rolls.
- A printed copy of such section of the roll as divided under rule 5, shall be signed by the Returning Officer and sealed with the common seal of the Returning Officer and the copy so authenticated shall be kept by him in his personal custody.7. Availability of voters list.
- The Returning Officer shall at least five days before the date fixed for the nomination of the candidates for every general election of the Panchayat/Zilla Panchayat give a notice in Form No. 12 of the places where copies of the relevant list of voters are kept open for public inspection. Such notice shall be affixed at the notice of his office as well as the Village Panchayat Office, and if there be no Panchayat Office, at any other conspicuous public-place in the Village.Qualification for Reserved Seat8. Qualification for candidate for reserved seat.
- Where any seat in a ward of Panchayat or Constituency of Zilla Panchayat is reserved for Schedule Caste, Scheduled Tribe or Backward Class or a woman only such member of Scheduled Caste or Scheduled Tribe or Backward Class or a woman, shall be qualified to be chosen to fill such seat.Election of Panchayat and Zilla Panchayat9. Appointment of Election Staff.
10. Power of the Government to appoint dates etc. for holding elections.
11. Appointment of election Agent.
- A candidate at an election may appoint an election agent in Form No. 17 and 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 thereon his seal and signature in token of his approval for the appointment.12. Presentation of nomination paper.
13. Procedure upon delivery of nomination paper.
- Upon delivery of a nomination paper under rule 12, the Returning Officer shall inform the person delivering the same of the day, hour and place appointed for the scrutiny thereof and shall endorse thereon:-14. Deposit of Nomination.
15. Scrutiny of nomination paper.
16. Completion of scrutiny.
17. Preparation and displaying of list of validly nominated candidates.
18. Withdrawal of Candidature.
19. Uncontested election and failure to elect.
20. [ Assignment of symbol. [Sub-rule (1) of rule 20 substituted by 2nd Amendment Rules, 1999 published in O. G., Series I No. 32 dated 8-11-99.]
21. Preparation and displaying of list of contesting candidates.
22. Form of voting paper.
- The voting paper shall be in Form No. 6 appended to these rules and printed in Roman and Devnagri script. It shall contain the names of all contesting candidates in alphabetical order as arranged in Form No. 5 together with the distinguishing symbol assigned to each candidate by the Returning Officer under rule 20.23. Polling Station.
24. Death of Candidate before the poll.
- If a candidate whose nomination has been found valid on scrutiny under rules 15 and 16 and who has not withdrawn his candidature under rule 18, dies and a report of his death is received before the publication of the list of contesting candidate under rule 21, or if a contesting candidate dies and a report of his death is received before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate countermand the poll and report the fact to the Commissioner and all proceedings with reference to the Election shall be commenced anew in all respect as if for a new election:Provided that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll:Provided further that no person who has given a notice of withdrawal of his candidature under sub-rule (1) of rule 18 before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.25. Supply of election material.
26. Ballot Boxes.
27. Appointment of Polling agents.
28. Sealing of ballot box before the commencement of the poll.
- The poll shall commence at the hour appointed for such commencement. Immediately, before the commencement of the poll, the Presiding Officer shall show the ballot box to the candidates or their agents as may be present at the polling station, thereafter lock the same, place a seal thereupon in such a manner as to prevent it being opened or unlocked without breaking the seal and place it within his view.29. Admission to Polling Booths.
30. Candidates and agents not to communicate with voters.
31. Voters to attend polling station.
- Every voter desirous of recording his vote shall attend for the purpose, at the polling station for the ward or constituency for which he is entered in the voter's list on such date and between such hours as have appointed by the Government and Commissioner in this behalf under rule 10.32. Voting to be personal and by Ballot in polling station or booth previously directed.
33. Arrangements for secrecy of voting.
34. Identity of Elector.
- Immediately before the Ballot paper is delivered to an elector, the Presiding Officer shall satisfy himself as to the identity of the elector with reference to the entry relating to that elector in the voters list. He shall also hear and decide then and there any objections raised in this behalf. He may refuse to issue a Ballot paper or papers to any person who declines to answer any reasonable question put to him for the purpose of ascertaining such identity or whose identity is not established to his satisfaction. But issue of Ballot papers shall not be refused merely on the ground of any typographical error or omission in the relevant entries of the voters list if the identity of the elector is otherwise established.34A. [ Safeguard against personation. [Inserted vide 3rd Amendment Rules, 2000 published in O. G., Series I No. 42 dated 14-1-2000.]
35. Issue of Ballot papers to electors.
36. Manner of casting votes.
- An elector shall, on receiving the Ballot paper issued to him under rule 35, forthwith proceed to the polling compartment, there, mark his Ballot paper by affixing a seal containing an arrow mark opposite the name and symbol (or on the name or symbol) of the candidate in whose favour he desires to cast his vote, fold up the Ballot paper and put the Ballot papers so folded up into the ballot box which shall be placed within the view of the Presiding Officer and without undue delay, leave the polling station.37. Assistant to blind and infirm electors.
- If an elector owing to blindness or other physical infirmity is unable to record his vote in the manner laid down in rule 36, the Presiding Officer shall do so according to the direction of the elector and fold it so as to conceal the vote and insert it into the ballot box and make a brief note against the entry relating to such elector in the copy of voters list referred to in rule 35, the reason for such action.38. Spoiled Ballot Papers.
- An elector who has inadvertently dealt with his Ballot paper in such a manner that it cannot conveniently be used as such, may, on delivering it to the Presiding Officer and satisfying him of the inadvertence, obtain another Ballot paper in place of the spoilt Ballot paper and such spoilt Ballot paper shall be marked by the Presiding Officer as cancelled and kept in a separate cover.39. Return of Ballot paper.
- If any elector, after obtaining a Ballot paper for the purpose of casting his vote, decides not to use the same or to cast his vote, he shall return the Ballot paper so issued to him, to the Presiding Officer and the Ballot paper so returned shall then be marked by the Presiding Officer as "cancelled" on account of such return and kept in a separate cover.40. Challenged Votes.
41. Tender voting papers.
42. Closing the Poll.
43. Removal from the polling station for misconduct.
44. Duties of Presiding and other Polling Officer.
45. Supervision of the conduct of Election.
- The Election shall be conducted under the general supervision of the Commissioner.46. Voting by Officer on duty at polling station.
47. Sealing of Ballot Boxes, etc. after Poll.
48. Adjournment of poll in emergencies.
49. Time and place of counting of Votes.
- The Commissioner shall at least 5 days before the date fixed for the poll, notify in the Official Gazette, the place or places where the counting of votes will be done and the date and time at which the counting will commence and copies of notice shall be published by affixing at the Village Panchayat Office, Office of the Chief Executive Officer, Office of the Mamlatdar and if necessary, at any other place in the Panchayat area/Zilla Panchayat and as the case may be appointed by the Director:Provided that if for any reason the Commissioner find it necessary so to do, he may alter the date, time and place or places so fixed, or any of them after notifying the same in the Official Gazette and copies of notices shall be affixed at the Village Panchayat Office, Office of the Chief Executive Officer or Office of the Mamlatdar and wide publicity may be given in local dailies.50. Appointment of counting agent.
- [(1) The candidate may appoint such number of counting agents as may be determined by the Returning Officer from time to time.] [Substituted by 4th Amendment Rules, 2000 published in O. G., Series I No. 32 dated 1-2-2000.]51. Admission to the place fixed for counting.
52. Maintenance of secrecy of voting.
- The Returning Officer shall, before he commences the counting, read out the provisions of section 128 of the Representation of the People Act, 1951, to such persons as may be present.53. Counting of votes received by post.
54. Counting of votes.
55. Grounds for rejecting Ballot papers.
56. Result of election.
57. Recount of votes.
58. Pasting of results of election by Returning Officer.
59. Grant of certificate of election to returned candidates.
- As soon as may be after a candidate, has been declared by the Returning Officer under the provision of rule 56 or clause (i) of sub-rule (1) of rule 19 to be elected, the Returning Officer shall grant to such candidate a Certificate of election in Form No. 28 and obtain from the candidate an acknowledgement of its receipt duly signed by him.60. Record of proceedings.
- The Returning Officer shall keep a record of the proceedings of every election and a copy of such record shall be kept in a separate packet in the sealed trunk alongwith the bundles of valid and invalid Ballot papers.61. Fresh poll in case of destruction, etc. of ballot boxes.
62. Multiple Election.
63. Custody of papers relating to election.
- The Returning Officer shall keep in custody of the Commissioner, the statements, packets and other documents referred to in rules 47 and 56 and all other papers relating to the election.64. Production and inspection of election papers.
65. Destruction of Ballot papers and other papers.
66. Bye-Election.
67. General duty of the Returning Officer.
- It shall be the general duty of the Returning Officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by the Act and these rules.68. [ Removal of difficulties. [Inserted by 4th Amendment Rules, 2000 published in O. G., Series I No. 44 dated 1-2-2000.]
- Notwithstanding anything contained in these Rules, the State Election Commissioner may, with the previous approval of the Government, issue such orders or instructions, as deemed necessary, to the Returning Officers and/or the Assistant Returning Officers for effectively conducting the elections.]Notice of Election and Public NoticeForm No. 1[See rule 10 (1)]Notice is hereby given that:-An election will be held to elect the members of the Panchayat in Block/taluka on .................... Nomination paper may be delivered by a candidate to a Returning Officer in his office between such hours as to be fixed by the State Election Commissioner between 11 a. m. on......Notice of Election and Public NoticeForm No. 1A[See rule 10 (1)]Notice is hereby given that:-An election will be held to elect the members of the........................................ Zilla Panchayat from the Constituencies viz. (1)............................. (2)................................ of Block/Taluka on ................................. Nomination paper may be delivered by a candidate to a Returning Officer in his office between such hours as to be fixed by the State Election Commissioner between 11.00 a.m. on.............................Form No. 2[See rule 10(2)]Election to elect the members of Panchayat/Zilla Panchayat...................... Block/Taluka........The programme of Election is as under:-1. The Chief Executive Officer..............
2. Mamlatdar .................... Taluka.
3. Block Development Officer........................ Taluka.
4. The Village Panchayat at.....................
Form No. 2A[See rule 10 (2)]Election to elect the members of ................................. Zilla Panchayat from the constituencies viz.......................... (1).......................... (2) ......................... of ................................. Block/Taluka.The programme of Election is as under:-1. Chief Executive Officer................................
2. Mamlatdar..................................... Taluka.
3. Block Development Officer .................... Taluka.
4. The Village Panchayat at ........................
Form No. 3(See rule 12)Election to..................... Panchayat(To be filled by the candidate)I hereby give notice that I propose myself as a candidate for election as member to the above Panchayat/Zilla Panchayat from ward /constituency No....................................| Election to the ...................................... Panchayat/Zilla Panchayat ..............................| TalukaBlock| ward/constituency No. .......................... |
| Sr. No. of the ward/constituency | Sr. No. and name of the candidate | Address |
| 1 | 2 | 3 |
| Election to the ...................................... Panchayat/Zilla Panchayat ..............................| TalukaBlock| ward/constituency No. .......................... |
| Sr. No. | Name of the contesting Candidate | Address | Symbol alloted |
| Serial No. ............ | ||
| 1. | Name of Candidate | Symbol |
| V.P. | Ward No .............. | |
| 2. | Name of Candidate | Symbol |
| 3. | Name of Candidate | Symbol |
| 4. | Name of Candidate | Symbol |
| Name of Voter | Sr. No. of Voter in the list of voters | Signature or thumb impression of voter and hisaddress | Name of identifier, if any | Name of person challenging | Amount of deposit made | Order of Presiding Officer in each case | Signature of the challenger acknowledging thereceipt of deposit where deposit is returned |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Sr. No. of Ward/ Constituency | Sr. No. and name of elector | Address of elector | Sr. No. of tendered Ballot paper | Sr. No. of Ballot paper issued to the person whohas already voted | Signature or thumb impression of person tenderingvote |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Serial No. | From............................ to | Total Nos. |
| 1 | 2 | 3 |
| 1) Number of Ballot papersreceived by the Presiding Officer at the Polling station. | ||
| 2) Number of Ballot papers issuedto voters. | ||
| 3) Number of unused Ballot papersreturned. | ||
| 4) Number of Ballot paperscancelled. | ||
| 5) Number of Ballot papers usedas Tendered Ballot Papers. | ||
| 6) Number of Ballot papers inBallot Box. |
| Name of Village Panchayat | Ward No. | Extent and limits of the Ward | Whether reserved for women ScheduledCaste/Backward class | |
| Village/Wado | House Nos. | |||
| (1) | (2) | (3) | (4) | (5) |
1. The Collector ................................................. District.
2. The Chief Executive Officer .....................................
3. The Mamlatdar ............................................ Taluka.
4. The Block Development Officer ........................ Taluka.
5. The ........................................................ Village Panchayat.
6. The Manager, Government Printing Press, Panaji for publication in the special supplement of the Gazette.
Form No. 11(See rule 4)This is to notify for information of the public that it is proposed to hold General Elections to the ........................................ Zilla Panchayats. The Division of ........................ Zilla Panchayat into Constituencies, extent and limits of each Constituency and reservation of seats are as per the provisions of section 118 and 119 of the Goa Panchayat Raj Act, 1994 (Goa Act No. 14 of 1994) is as shown below:-| No. of Constituency | Name of Constituency | Extent and limits of the Constituency | Whether reserved for women /ScheduledCaste/Backward class | |
| Name of Village Panchayat | No. of wards of Panchayat | |||
| (1) | (2) | (3) | (4) | (5) |
1. The Collector ................................................. District.
2. The Chief Executive Officer .....................................
3. The Mamlatdar ............................................ Taluka.
4. The Block Development Officer ........................ Taluka.
5. The ........................................................ Village Panchayat.
6. The Manager, Government Printing Press, Panaji for publication in the special supplement of the Gazette.
Form No. 12(See rule 7)This is to notify for information of the public that it is proposed to hold the General Election of ...................................................... Block/Taluka/Constituency. A Voters list has been prepared wardwise/consituencywise for the purpose and it is kept open for public inspection in my office and in the office of ........................................ Panchayats/Zilla Panchayat during office hours.Place : ..........................Date : ...........................Returning OfficerNote :- Strike out which is not applicable.Form No. 13[See rule 18 (1)]Notice of WithdrawalElection to the ...................................... Panchayat/Zilla Panchayat .................................. Taluka ward/constituency No. ..........................To,The Returning Officer,Election to ..........................I, .................................................................... a candidate nominated at the above election, do hereby give notice that I withdraw my candidature.Place : ..........................Date : ...........................Signature of CandidateThis notice was delivered to me at my office at ...................................... (hours) on ................. (date) by ................................................................. (name) the .........................................Returning OfficerDate :............................ PanchayatReceipt for Notice of Withdrawal(To be handed over to the person delivering the notice)The notice of withdrawal of candidature by ........................................................ candidate at the election to the ...................................................... was delivered to me by the .................................... at my office at .......................... (hours) on ...................................................... (date).Returning Officer..................... Panchayat Election.Form No. 14[See rule 18(3)]Notice of Withdrawal of CandidatureElection to the ............................................. Panchayat/Zilla Panchayat ........................................ Block/Taluka. Ward/Constituency No. .................... Notice is hereby given that the following candidate(s) at the above election withdrew his candidature/their candidatures today.| Sr. No. | Name of candidate | Address of candidate | Remarks |
| (1) | (2) | (3) | (4) |
| Photo to be affixed duly attested by Election Agent |
| Election to the .................. Panchayat/Zilla Panchayat ....................... ward/constituency No ..................................| TalukaBlock| ................................ |
| Sr. No. | Polling station | Number of valid votes cast in favour | Total No. of valid votes | Number of rejected votes | Total | Number of tendered votes |
| Names 1 2 3 4 5 | ||||||
| Total number of votes recorded atPolling StationNumber of votes recorded on Postal ballot papers | ||||||
| Total votes polled |