[Cites 0, Cited by 0]

State of Rajasthan - Act

The Rajasthan Municipalities (Election) Rules, 1994

RAJASTHAN
India

The Rajasthan Municipalities (Election) Rules, 1994

Rule THE-RAJASTHAN-MUNICIPALITIES-ELECTION-RULES-1994 of 1994

Published on 3 September 1994
Commenced on 3 September 1994
[This is the version of this document from 3 September 1994.]
[Note: The original publication document is not available and this content could not be verified.]

The Rajasthan Municipalities (Election) Rules, 1994Last Updated 24th May, 2019G.S.R. 72. - In exercise of the powers conferred by section 297 of the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959), the State Government hereby makes the following Rules, namely:-Chapter-I Preliminary

1. Short title and commencement.

(1)These rules may be called the Rajasthan Municipalities (Election) Rules, 1994.

(2)These Rules shall come into force on the date of their publication in the Official Gazette.

2. Definitions.

- In these Rules, unless the context otherwise requires,-

(a)'Act' means the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959).

(b)'Candidate' means a person, who has been or claims to have been duly nominated as a candidate at an election.

(c)'Counting Agent' means a person appointed by a candidate or his election agent as his counting agent under these rules to remain present at the time of counting of ballot papers after the poll.

(d)'District Municipal Election Officer' means the District Election Officer appointed under section 19-B of the Act.

(e)'Election Agent' means a person, appointed by a candidate as his election agent under these rules.

(f)'Election Commission or Commission' means the State Election Commission.

(g)'Form' means a form appended to these rules.

(h)'Municipal Electoral Roll' in relation to a municipality means the collection of the list of voters published by the Electoral Registration Officer for all the wards of the municipality.

(i)'Polling Agent' means a person appointed by a candidate or his election agent as his polling agent under these rules to remain present at a polling booth during the polls.

(j)'Polling Officer' means a person appointed by the Returning Officer under these rules as a Polling Officer to assist the Presiding Officer.

(k)'Polling Station' means a place fixed by the State Election Commission or Authority nominated by the Commission under these rules for taking the pol at an election.

(l)'Presiding Officer' means a person appointed by the Returning Officer under these rules and includes any [X X X] [Deleted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.] Polling Officer performing any of the functions of the Presiding Officer under these rules.

(m)'Registration Officer' means the Electoral Registration Officer of the municipality and includes Assistant Electoral Registration Officer to be appointed by the State Election Commission, in consultation with the State Government.

(n)'Returning Officer' means a person appointed as such under these rules, & includes an Assistant Returning Officer.

(o)'Section' means a section of the Act.

(p)'Voter' in relation to an election to a ward, means any person who is entitled to vote at the election and whose name is included in the List of Voters for that ward published by the Electoral Registration Officer.

(q)'Ward' means the ward as formed under Section 14 of the Act.

(r)Words and expressions used but not defined in these Rules but defined in the Act shall have the meaning assigned to them in the Act.

Chapter-II Formation of Wards and Reservation

3. [ Finalisation of wards. [Substituted by Notification No. F.8(G) 148/Rules/DLB/94/5107, dated 3-9-1994, Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 3-9-1994, page 33.]

(1)A Municipality shall be divided into wards by the State Government in accordance with the provisions of the Act.

(2)An Officer authorised by the State Government, hereinafter referred to in this Chapter as the 'Officer' shall publish the draft of the wards showing the area of wards, their numbering and wards reserved for Scheduled Castes and Scheduled Tribes under sub-section (1) and (2} of Section 14 of the Act and on receipt of objections together with his comments thereon and any other material shall forward them to the State Government for approval.

(3)On approval by the State Government, the officer shall determine the wards reserved for Women and Backward Classes as provided in these rules.

(4)On completion of the above process the draft order shall become final and the officer shall notify the list of wards and a copy of thereof shall be displayed on the Notice Board of the Municipality, Collector and the District Municipal Election Officer.]

4. Numbering of wards.

- The wards shall be numbered in anticlockwise direction starting from the north-west comer and assigning as far as possible consecutive numbers to contiguous wards.

5. Reservation of reserved wards.

(1)The number of wards to be reserved for Scheduled Castes/Scheduled Tribes/Backward Classes and also for women shall be determined by the Officer, in accordance with the provisions of Act.

(2)The Officer shall for the purpose of reservation of seats for Scheduled Castes, first identify the wards which consist of the population of the Scheduled Castes and such wards shall be serially arranged in the descending order of percentage of population of Scheduled Castes, and shall be assigned serial number as S.C. 1, S.C. 2 and so on.

(3)The serial number so assigned shall be known as special serial number for Scheduled Castes.

(4)The Officer shall allocate the number of seats reserved for Scheduled Castes (including one-third of such seats reserved for women, belonging to Scheduled Castes) serially to the wards bearing special serial number for Scheduled Castes.

(5)The Officer shall also for the purpose of reservation of seats for Scheduled Tribes, proceed to identify the wards which consist of population of Scheduled Tribes and such wards shall be serially arranged in the descending order of percentage of population of Scheduled Tribes and shall be assigned serial number as S.T. 1, S.T. 2 and so on.

(6)The serial number so assigned shall be known as special serial number for Scheduled Tribes.

(7)The Officer shall also allocate the seats reserved for Scheduled Tribes (including one-third of such seats reserved for women belonging to Scheduled Tribes) serially to the wards bearing special serial number for Scheduled Tribes.

(8)Where a ward becomes common to be reserved for Scheduled Castes & Scheduled Tribes, then it will be reserved for Scheduled Castes or Scheduled Tribes, as the case may be, whichever, has higher percentage of Scheduled Castes or Scheduled Tribes.

(9)In every succeeding general election, the list of wards bearing special serial number for Scheduled Castes, or, as the case may be. Scheduled Tribes shall-

(i)continue to be operated serially from special serial number following the special serial number, where the allocation of sets reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes had ended in the preceding election.

(ii)be operated till it is exhausted,and

(iii)be re-opened from the beginning after it is exhausted.

(10)The Officer, after having determined and allocated seats reserved for Scheduled Castes and Scheduled Tribes, shall allocate the number of seats reserved for Backward Classes (including one-third seats reserved for women belonging to Backward Classes), to remaining wards by draw of lots.

(11)The wards to be reserved for women shall be one third of total number of wards in a municipality to be determined by draw of lots by the Officer.

(12)Wherever seats are to be reserved by draw of lots the officer shall fix the place, date and time for the purpose of drawing lots and inform the members of the Legislative Assembly representating a constituency which comprises wholly or partly the area of the municipality, and the recognised political parties in the State of Rajasthan. The lots shall be drawn in the manner as determined by the officer in the presence of such members of the Legislative Assembly or the nominees of the recognised political parties who may be present at the appointed time.Explanation. - For the purpose of this rule and the succeeding rules, recognised political parties means the political parties recognised in State as such under the Election Symbols (Reservation and Allotment) Order, 1968.

(13)Wards reserved for Backward Classes and women by draw of lots in the first general election shall be excluded while drawing lots for such reservation in succeeding elections till the cycle is completed.

(14)[ The provisions of sub-rule (1) to (13), shall be subject to the provisions of rule 3.] [Inserted by Notification No. F.8(G) 148/Rules/DLB/94/5107, dated 3-9-1994, Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 3-9-1994, page 33.]

6. Reservation of officers of Chairperson.

- [(1) Subject to the provisions of sub-rule (2), (3) & (4) of this rule such of the officer or Chairman, President and Mayor of the Municipalities in the State shall be reserved for Scheduled Castes, Scheduled Tribes and Backward Classes and also for women as may be notified by the State Government.] [Substituted by Notification No. F.8(A)(28)Rit/DLB/96/366, dated 1-3-1997, Published in Rajasthan Gazette, Extra-ordinary, Part IV-C(I), dated 11-3-1997, page 263.]

(2)One-third of the offices reserved under sub-rule (1) for the Scheduled Castes or the Scheduled Tribes or the Backward Classes shall be reserved for the women belonging to such Castes, Tribes or, as the case may be, Classes.

(3)One-third (including the number of officers reserved under sub-rule (2) of [the offices of Chairpersons] [Substituted by Notification No. F.8(G)(148) Rules/DLB/ 94/6129, dated 7-11-1994, Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-11-1994, page 245.] of municipalities shall be reserved for women.

(4)[ If no confidence motion passed against Chairperson and no such other eligible candidate except against whom no confidence motion is passed is available in the Board, seat of chairperson shall be treated as general but if seat is reserved for women or SC/ST/OBC then the seat shall be filled by a General women candidate.] [Added by Notification No. F.8(A)(28)Rit/DLB/96/366, dated 1-3-1997, Published in Rajasthan Gazette, Extra-ordinary, Part IV-C(I), dated 11-3-1997, page 263.]

7. Fractions.

- If a fraction forms part of the number of seats of offices computed under these rules, the number shall be increased to next higher number in case the fraction consists of half or more and the fraction shall be ignored in case it consists of less than half.Chapter-III Election Process

8. District Municipal Election Officer.

- The District Municipal Election Officer shall, subject to the superintendence, direction and control of the Station Election Commission be in the overall charge of the conduct of elections to the municipalities in his district.

9. Appointment of returning officers and assistant returning officers.

- For the conduct of elections to a municipality, the District Municipal Election Officer may, subject to the provisions of these rules, appoint a returning officer and as many assistant returning officers as he may deem necessary.[Explanation. - Election to a municipality includes elections of members, Chairperson and Deputy Chairperson of a municipality] [Added by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).].

10. Public Notice of intended election.

(1)Subject to sub-rules (2) to (5) below, a public notice, in Form 1, of an intended election to a municipality shall be given by the State Election Commission mentioned therein the dates and hours between which nomination papers shall be received, the date for scrutiny of the nominations, the last date for withdrawal of the candidature and the date & hours of poll, if necessary;

(2)[ The last date for filing of nominations shall be the fourth day after the date of publication of the public notice under Rule (1) above, or if that day is a public holiday, the next succeeding day which is not a public holiday.

(3)The date for scrutiny of the nominations shall be the day next to the last date for filing nominations, or if that day is a public holiday, the next succeeding day which is not a public holiday.

(4)The last date for withdrawal of candidature shall be the second day after the date for scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday.] [Substituted by Notification No. F.8(G)()/Rules/LSG/04/3877, dated 13.10.2004.]

(5)The date of poll shall not be earlier than six days and later than ten days from the last date for withdrawal of candidature;

(6)[ No amendment, transposition or deletion of any entry shall be made and no direction for the inclusion of a name in the electoral roll of a ward shall be given after the last date for making nominations for an election in that ward and before the completion of that election.] [Substituted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.]

11. Notice by the returning officer inviting nominations.

- Immediately on the issue of a public notice under rule 10, the returning officer shall issue a public notice, in Form 2, inviting nomination of candidates for such election and specifying therein the time and the place at which the nomination papers are to be delivered, the time and the place for scrutiny of nominations, and the time and the place at which the notice of withdrawal of candidature are to be delivered.

12. Nomination papers.

(1)Every nomination shall be made in Form 3;

(2)Every nomination shall contain full particulars of the name, age, sex and address of the candidate, be subscribed by a voter of the ward and must bear the signature of the candidate in token of his willingness to be so nominated;[Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election from a ward unless the nomination paper is subscribed by five proposers being electors of the same ward.Explanation.- A candidate who desires to be considered as candidate set up by a recognised political party, shall produce letter to that effect signed by the president or head of the State unit of that party or any person authorised by him in this behalf on or before 3 PM on the last day for making nominations specified in public notice under rule 10.] [Added by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).]

(3)Subject to the reservation in favour of Scheduled Castes, Scheduled Tribes, Backward Classes and Women, a person who is entitled to vote in the election to a municipality and whose name is included in the municipal electoral roll, can contest from any ward;

(4)More than one nomination paper may be filed on behalf of a candidate by different voters, but the total nomination papers filed on behalf of a candidate shall not exceed four per ward. In case more than four nominations are presented, only the first four presented shall be considered and the rest summarily rejected;

(5)A voter cannot nominate, as a proposer more than one candidate. Where a voter has signed on nominations, for more than one candidate, all such nominations other than the first one received by the returning officer shall be declared invalid;

(6)Every nomination paper subscribed and signed as aforesaid must be delivered to returning officer in person by the candidate [or any of the proposers between 10.30 A.M. to 3.00 P.M.] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).] of the days fixed for the nomination of candidates at the place specified in this behalf in the notice issued by the returning officer under rule 11;

(7)The returning officer shall, on receiving a nomination paper, enter in the nomination paper its serial number and shall sign thereon a certificate stating the date on which and the time at which the nomination paper has been delivered to him;

(8)A candidate who desires to be considered as a Scheduled Caste or Scheduled Tribe or Backward Class candidate, as the case may be, shall attach with his nomination paper an authenticated copy of a Caste/Tribe/ Class [certificate issued by an officer authorized by the State Government] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).] to issue such certificate:

(9)In case any dispute regarding the status of a candidate being considered eligible to be elected against a reserved seat arises at the time of scrutiny of nomination, the returning officer may ask the candidate to produce the original of the certificate referred to above or any other documents in support of the claim of the candidate. After scrutiny of such evidence, the returning officer shall declare whether the candidate's claim for being eligible to be elected from a reserved seat of a municipalities is acceptable or not.

13. Scrutiny of nomination papers.

- [(1)] [Renumbered by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.] On the date and time fixed for scrutiny of nomination papers under rule 10, the returning officer shall examine the nomination papers and decide all objections which may be made to any nomination and may, either on such objections or on his own motion, after such summary enquiry, if any, as he thinks necessary, and after giving the candidate a reasonable opportunity of being heard, declare invalid any nomination on any of the following grounds:-(i)that the candidate is not enrolled in the municipal electoral roll as a voter of the municipality;(ii)that the candidate has not made or caused to be made the deposit referred to in rule 22;(iii)that the candidate has not attained the minimum age required for being [elected as a member] [Amended by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).];(iv)that the candidate is disqualified under any provisions of the Act from being a member;(v)that the proposer has not been enrolled as a voter of the ward for which the nomination has been filed;(vi)that the signature of the candidate or the proposer on the nomination paper is not genuine;(vii)that the proposer has subscribed nomination for more than one candidate in the same ward.

(2)[ On the date fixed for the scrutiny of nomination under Rule 10, the candidates, their election agents, one proposer of each candidate and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the Returning Officer may appoint.

(3)The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.

(4)A failure to complete or defect in completing the declaration as to symbols in a nomination paper in Form 3 shall not be deemed to defect of a substantial character within the meaning of sub- rule (3).

(5)For the purpose of this rule an entry in the electoral roll for the time being in force of a ward shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that ward unless it is proved that he is subject to a disqualification mentioned in Section 18 of the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959).] [Inserted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.]

14. [Adjournment of the proceedings under rule 13] [Inserted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).].

- The returning returning officer shall not allow any adjournment of proceedings under rule 13 except when such proceedings are interrupted or obstructed by riot or open violence or by cause beyond his control.

15. List of validity nominated candidates.

- Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded a list of validly nominated candidates shall be prepared by the returning officer in Form 4 and displayed for the information of the public in his office.

16. Notice of withdrawal.

- Any candidate validly nominated may withdraw his nomination by a notice in writing in Form 5 and delivering it himself in person or through his proposer to the Returning Officer before three O'clock in the afternoon on the day fixed under rule 10(4). The Returning Officer shall note thereon the date and time at which it was delivered. A candidate who has tendered a notice of withdrawal in the aforesaid manner shall not be allowed to cancel the withdrawal :Provided that where the candidate on account of being in jail or in police custody, is unable to personally deliver his withdrawal application, he may cause it to be delivered on his behalf by any person authorized by him.

17. No valid nominations.

- If, after the last date fixed for withdrawal of nomination is over, there is no valid nomination, it shall be deemed that no member has been elected and proceedings for filling the vacancies shall be taken under the Act.

18. Uncontested election.

- For any seat, if the number of valid nominations, after withdrawals, if any is only one, the person so nominated shall be declared to be elected. [Result of uncontested election under this rule shall be declared in form 22A.] [Added by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.]

19. Election for a ward.

- If for any seat the number of valid nominations after withdrawals, if any, exceeds one, the poll shall be held on the date fixed for this purpose.

20. Symbols of contesting candidates.

(1)The State Election Commission shall, by notification in the Official Gazette, specify the symbols that may be chosen by candidates at elections to the municipality and the restrictions to which their choice shall be subject to.

(2)The day immediately following the last date for withdrawal of the candidates, the returning officer shall proceed to allot symbols to the contesting candidates in the following manner.

(3)For the candidates set up by a party which is a recognized party in the State under the Election Symbols (Reservation and Allotment) Order, 1968, reserved for that party under the said order :Provided that such a political party can set up only one candidate per ward.[X X X] [Explanation Deleted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).]

(4)[Subject to any general or special direction issued by the State Election Commission under sub-rule (1) of this rule, where more nomination papers] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).] than one are delivered on behalf of a candidate, the choice of symbols made in the nomination paper first delivered, and no other choice of symbols, shall be taken into consideration even if that nomination paper has been rejected.

(5)The returning officer shall consider the choice of symbols expressed by the contesting candidates in their [nomination papers subject to any general or special directions issued in this behalf by the State Election Commission and shall] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).]:

(a)allot a different symbol to each contesting candidate in conformity, as far as practicable, with his choice; and

(b)if more contesting candidates than one have indicated their preference for the same symbol, decide by lot (including computerized random draw) to which of such candidates the symbol will be allotted.

(6)The allotment by the returning officer of any symbol to a candidate shall be final except where it is inconsistent with any directions issued by the State Election Commission in this behalf in which case the State Election Commission may~revise the allotment in such manner as it thinks fit.

21. List of contesting candidates.

(1)Immediately after the allotment of symbols to contesting candidates is over, the returning officer shall prepare in Form 6 a list of contesting candidates, [X X X] [Deleted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).] in Hindi in Devnagri Script, giving the names of [all the contesting candidates and] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).] the symbols allotted to them.[Provided that for the purpose of listing the names, the candidates shall be classified in two categories, namely, (i) candidates set up by recognised political parties and (ii) other candidates and shall be arranged in that order, Further the names of candidates in each category shall be arranged in Hindi alphabetical order] [Added by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).].

(2)The name of every candidate shall be shown in said list as it appears in his nomination paper.

(3)If two or more candidates bear the same name, they shall be distinguished by the addition of their father's name or in some other manner as the returning officer deems fit.

(4)The returning officer shall, as soon as practicable, supply a copy of the list of contesting candidates to each such candidate or his election agent.

(5)The returning officer shall, as soon as possible, cause the list of contesting candidates to be displayed in his office, the offices of the assistant returning officers, the municipality and such other [places as he may deem fit] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).].

22. Deposit and refund.

- [(1) A candidate shall not be deemed to be duly nominated for election from a ward unless he deposits.-(a)in the case of an election from a ward of municipal board, a sum of rupees 1000/- or where the candidate is a women or a member of Scheduled Castes or Scheduled Tribe or Backward Classes, a sum of Rs. 500/-.(b)in the case of an election from a ward of municipal council, a sum of Rs. 2000/-, or where the candidate is a women or a member of Scheduled Caste or Scheduled Tribe or Backward Classes, a sum of Rs. 1000/-.(c)in the case of an election from a ward of municipal corporation, a sum of Rs. 3000/-, or where the candidate is a women or a member of Scheduled Caste, Scheduled Tribe or Backward Classes, a sum of Rs. 1500/- :Provided that where a candidate has been nominated by more than one nomination paper for election, not more than one deposit shall be required of him in this sub-rule.] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).]

(2)The deposit shall be refundable except that it shall stand forfeited in the case of such candidate who fails to secure at least one sixth of the total valid votes polled in the election.

23. Election agent.

(1)A contesting candidate may appoint any person as his election agent by giving a notice in Form 7. The 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 of the appointment;

(2)The revocation of the appointment of an election agent under sub-rule (1) shall be made in Form 8.

24. Poll.

- In case of a contested election, a poll shall be taken on the date mentioned under rule 10.

24A. [ Manner of voting at elections. [Inserted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).]

(1)At every election where a poll is taken votes shall be given by ballot and no votes shall be received by proxy.

(2)Notwithstanding anything contained in sub-rule (1), the giving and recording of votes by voting machines may be adopted in such ward or wards of any municipality as the State Election Commission may, having regard to the circumstances of each case, specify.Explanation. - For the purpose of sub-rule (2), "voting machine" means any machine or appartus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot paper in the Act or these rules shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.]

25. Hours of poll.

- The State Election Commission shall fix the hour at which polling shall commence and the hour at which it shall close.

26. Polling agents.

(1)A candidate or his election agent may, subject to such general or special direction as the State Election Commission may issue in this behalf from time to time, appoint at every polling station of the ward from which such candidate is contesting the election, polling agent to remain present on his behalf in the polling station at the time of the poll;

(2)The number of polling agents that may be appointed under sub-rule (1) shall be one agent and two relief agents per polling station;

(3)Every such appointment shall be made in Form 9 and shall be made over to the polling agent for production at the polling station;

(4)No polling agent shall be admitted into the polling station unless he has delivered to the presiding officer the instrument of his appointment under sub-rule (1) after duly completing and signing before the presiding officer the declaration contained therein;

(5)The revocation of the appointment of a polling agent shall be made in Form 10 and lodged with the presiding officer.

27. [ Polling stations. [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).]

- Subject to any general or special directions of the State Election Commission the District Municipal Election Officer shall select for each ward as many polling stations as he deems necessary and shall publish a list of polling station selected and the respective polling areas covered by them.]

28. Presiding officers and polling officers.

(1)The returning officer shall, appoint a presiding officer for each polling station and one or more polling officers to assist the presiding officer.

(2)Each polling officer may, perform all or any of the duties assigned to a presiding officer under these rules.

(3)If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from a polling station, his duties shall be performed by one of the polling officers, who has been duly authorized in this behalf by the returning officer.

29. Duties of presiding officers.

(1)The presiding officer shall keep order at the polling station, see that the election is fairly conducted and regulate the number of voters to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than-

(a)polling officers;

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

(c)persons authorized by the State Election Commission;

(d)candidates, their election agents and subject to the provisions of sub-rule (4) of rule 26 one polling agent of each candidate;

(e)a child in arms accompanying a voter;

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

(g)such other persons as the presiding officer may from time to time admit for the purpose of identifying voters.

30. Arrangement of polling stations.

(1)There shall be displayed outside each polling station-

(a)a notice specifying the polling area, the voters of which are entitled to vote at the polling station;

(b)a copy of the list of contesting candidates along with their symbols;

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

(3)The returning officer 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 and such other articles and materials necessary for voters to vote.

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

31. Ballot boxes.

- Every ballot box shall be so constructed that the ballot papers can be introduced therein, but cannot be withdrawn therefrom without the box being unlocked. It shall be of such design as may be approved by the State Election Commission.

32. Preparation of ballot boxes for poll.

(1)Where a paper seal is used for securing a ballot box, the presiding officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the candidates, election agents and polling agents present as are desirous of affixing the same.

(2)The presiding officer shall thereafter fix the paper seal so signed in the space meant therefor in the ballot box and shall then secure and seal the box in such manner that the slit for insertion of ballot paper thereinto remains open.

(3)The seal used for securing a ballot box shall be fixed in such manner that after the box has been closed, it is not possible to open it without breaking the seal.

(4)Where it is not necessary to use paper seals for securing the ballot boxes, the presiding officer shall secure and seal the ballot box in such manner that the slit for the insertion of ballot papers remains open and shall allow the polling agents present to affix, if they so desire, their seals.

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

(a)the serial number, if any, and name of the ward;

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

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

(d)the date of poll.

(6)Immediately before the commencement of the poll, the presiding officer shall demonstrate to the polling agents and other persons present that the ballot box is empty and bears the labels referred to in sub-rule (5).

(7)The ballot box shall then be closed, sealed and secured and placed in full view of the presiding officer and polling agents.

33. Marked copy of list of voters.

- Immediately before the commencement of the poll, the presiding officer shall demonstrate to the polling agents and others present that the marked copy of list of voters to be used during the poll does not contain any entry regarding the ballot papers issued to voters.

34. Form of ballot paper.

(1)Every ballot paper shall have a counterfoil attached thereto and the said ballot paper and the counterfoil shall be in [such form as may be prescribed by the Commission] [Substituted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.].

(2)The names of the candidates shall be shown on the ballot paper in the same manner and arranged in the same order in which they appear in the list of contesting candidates [and NOTA (none of the above) shall also be shown on ballot paper.] [Inserted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).]

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

(4)The ballot papers shall be serially numbered the serial numbers being printed on the counterfoil and on the front of the ballot paper.

(5)The symbol allotted to the candidates under rule 20 shall be shown alongside the name of the candidate on the ballot paper[and symbol fixed for NOTA (none of the above) shall also be shown alongside the NOTA (none of the above) on the ballot paper] [Inserted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).].

(6)The space allotted to each candidate [and for NOTA (none of the above)] [Inserted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).]on the ballot paper shall have the name dimensions.

(7)The line or the shaded area separating the space provided for different candidates shall be the same on the ballot paper.

35. Procedure for issue of ballot paper to a voter.

(1)Every ballot paper before it is issued to a voter and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the State Election Commission may direct and every ballot paper before it is issued, shall be signed in full on its back by the presiding officer.

(2)At the time of issuing a ballot paper to a voter, the polling officer shall:-

(a)record on its counterfoil the serial number of the voter in the list of voters as entered in the marked copy of the list of voters;

(b)obtain the signature or thumb impression of that voter on the said counterfoil;

(c)mark the name of the voter in the marked copy of the list of voters to indicate that a ballot paper has been issued to him without however recording there in the serial number of the ballot paper issued to that voter :

Provided further that on ballot paper shall be delivered to a voter unless he has put his signature of thumb impression on the counterfoil of that ballot paper;

(3)

(a)Before issuing a ballot paper to a voter, the presiding officer shall cause a mark to be put on the left forefinger of the voter with an indelible ink :

Provided that where such a mark already exists on the left forefinger of the voter, it shall be deemed that he had cast his vote already at the election and shall not be given any ballot paper :Provided further than no ballot paper shall be given to a voter unless he is allowed a mark to be put on his left forefinger with an indelible ink.

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

(4)It shall not be necessary for any presiding officer or polling officer or any other officer to attest the thumb impression of the voter on the counterfoil.

(5)No person in the polling station shall note down the serial numbers of the ballot papers issued to particular voters.

36. Voting.

(1)Save as hereinafter provided, all voters voting at an election shall do so in person at the polling station provided for them under the rules.

(2)Vote shall be given in person and no vote shall be given through a proxy.

37. Procedure for voting and secrecy of voting.

(1)Every voter to whom a ballot paper has been issued shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure here-in-after laid down.

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

(a)proceed to one of the voting compartments;

(b)[ there make mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote or NOTA (none of the above) for those who may wish to exercise the option of not voting for any of the candidate in the fray;] [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).]

(c)fold the ballot paper so as to conceal his vote;

(d)if required, show to the presiding officer the distinguishing mark on the ballot paper;

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

(f)quit the polling station.

(3)Every voter shall vote without undue delay.

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

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

(6)After the ballot paper has been taken back the presiding officer shall record on its back the words "Cancelled voting procedure violated" and put his signature below those words.

(7)All the ballot papers on which the words "Cancelled voting procedure violated" are recorded shall be kept in a separate cover which shall bear on its lace the words "Ballot Papers voting procedure violated".

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

38. Recording of votes of blind or infirm voters.

(1)If the presiding officer is satisfied that owing to blindness or other physical infirmity, a voter is unable to recognize the symbols on the ballot paper or to make a mark thereon without assistance, the presiding officer shall permit the voter to take him a companion of not less than eighteen years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes and if necessary, for folding the ballot paper so as to conceal the vote and inserting it into the ballot box :Provided that no person shall be permitted to act as the companion of more than one voter at any polling station on the same day :Provided further that before any person is permitted to act as the companion of a voter on any day under this rule, the person shall be required to declare that he will keep secret the vote recorded by him on behalf of the voter and that he has not already acted as the companion of any other voter at any polling station on that day.

(2)The presiding officer shall keep a record in Form 12 of all cases under this rule.

39. Assistance to voter.

- The presiding officer shall give such assistance as may be required by any voter who is by reason of infirmity or illiteracy unable to vote in the manner prescribed.

40. Identity of voter.

- At any time before a ballot paper is delivered to a voter, the presiding officer or polling officer may of his own accord, if he has reason to doubt the identity of the voter of his right to vote at such polling station and 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 voter to whom such entry relates.

41. Closing of poll.

(1)The presiding officer shall close polling station at the hour fixed in that behalf under rule 25 and shall not thereafter admit any voter into the polling station :Provided that all voters present at the polling station before it is closed shall be allowed to cast their votes.

(2)If any question arises whether a voter was present at the polling station before it was closed, it shall be decided by the presiding officer and his decision shall be final.

42. Number of votes.

- Every voter shall be entitled to give one vote only.

43. Challenged of votes.

(1)Any polling agent may challenge the identity of a person claiming to be a particular voter by first depositing a sum of rupees two in cash to the presiding officer for each such challenge.

(2)On such deposit being made, the presiding officer shall :

(a)Warn the person challenged of the penalty for impersonation;

(b)read the relevant entry in the voter's list in full and ask whether he is the person referred to in that entry;

(c)enter his name and address in the list of challenged votes in Form 13; and

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

(3)The presiding officer shall thereafter hold a summary enquiry into the challenge.

(4)If, after the inquiry, the presiding officer considers that the challenge has not been established, he shall allow the person challenged to vote and if he considers the challenge has been established, he shall debar the person challenged from voting.

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

44. Tendered [votes] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).].

(1)If a person representing himself to be a particular voter applies for a ballot paper after another person has already voted as such voter, he shall on satisfactorily answering such question relating to his identity as the presiding officer may ask, be entitled, subject to the following provisions of this rule to mark a ballot paper (hereinafter in these rules referred to as "a tendered ballot paper") in the same manner as any other voter.

(2)Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in Form 14.

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

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

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

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

45. [Spoilt and returned ballot papers. [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).]

- A voter who has] inadvertently dealt with his ballot paper in such a manner that it cannot conveniently be used as a ballot paper may in delivering it to the presiding officer and satisfying him of the inadvertence, be given another ballot paper and the ballot paper so returned and the counterfoil of such ballot paper be marked as "spoilt : cancelled" by the presiding officer.[***] [Deleted '(2) and (3)' by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).]

46. Voting by officers on election duty.

(1)A presiding officer, polling officer or any other person who is on duty at a polling station at which he is not entitled to vote may make an application to the returning officer in Form 15 to allow him to vote at the polling station at which he is on duty. If on such application the returning officer certifies in Form 16 that the applicant is entitled to vote at the election for the ward connection with which he is employed or for any other ward, have allowed to record his vote at that polling station. The name of the polling station at which he would otherwise have been entitled to vote shall be entered in the counterfoil of the ballot paper together with his number in the [electoral roll] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).] for that ward in which that polling station is situated.

(2)Such ballot paper shall be placed in an envelope and sealed by the presiding officer and returned with the certificate referred to in sub-rule (1) to the returning officer who shall cause such ballot paper to be included [among the ballot papers of appropriate ward for counting of votes] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).].

47. Sealing of ballot boxes.

(1)As soon as practicable after the closing of the poll, the presiding officer shall close the slit of the ballot box, and where the box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any polling agent present to affix his seal.

(2)The ballot box shall thereafter be sealed and secured.

(3)Where it becomes necessary to use a second ballot box by reason of the first ballot box becoming full, the first box shall be closed, sealed and secured as provided in sub-rules (1) and (2) before another ballot box is put into use.

48. Sealing of polling materials and other papers.

- The presiding officer of each polling station, as soon as practicable after the close of the poll, shall in the presence of any candidate or election agent or polling agent who may be present, make up into separate packet and seal with his seal and the seal of such candidates or agents as may decide to affix their seals-

(a)the unused ballot papers,

(b)the tendered ballot papers.

(c)the spilt and returned ballot papers.

(d)the marked copy of the List of Voters,

(e)the counterfoil of the ballot papers.

(f)[the list of tendered votes] [Amended by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.],

(h)the votes by officers on election duty,

(i)[ Ballot papers cancelled under sub-rule (7) of Rule 37. [Added by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.]

(f)Any other papers directed by the Commission to be kept in a sealed packet.]

49. Accounts of ballot papers.

(1)

(a)The presiding officer shall at the close of the poll, prepare the ballot paper account in Form 17.

(b)The presiding officer shall place the ballot paper account in a separate envelope and endorse on it the words "ballot paper account".

(2)Where any ballot papers are given to him for use by election duty staff at this polling station who are voters of a different ward the presiding officer shall at the close of the poll, also prepare a ballot paper account in Form 18. He shall place this ballot paper account in a separate envelope and endorse on it the words "ballot paper account for staff on election duty". He shall transmit this envelope to the returning officer :Provided that he shall prepare separate accounts of ballot papers wardwise.

50. Transmission of ballot boxes etc. to the returning officer.

(1)The presiding officer shall then deliver or cause to be delivered to the returning officer at such place as the returning officer may direct:-

(i)the ballot boxes,

(ii)the ballot paper account,

(iii)the sealed packets under rule 48, and

(iv)all other papers used at the poll.

(2)The returning officer shall make adequate arrangements for the safe transport of all the ballot boxes, packets and other papers and for their sale custody until the conclusion of the counting of votes.

51. Removal from polling station for misconduct.

- If any person misconducts himself at a polling station, for fails to obey the lawful orders of the presiding officer or polling officer performing the duties of the presiding officer, he may immediately, by order of the presiding officer or such polling officer be removed from the polling station by any police officer or by any other person authorized in writing by the presiding officer or such polling officer to remove him and the person so removed shall not except with the permission of the presiding officer or such polling officer be allowed again to enter the polling station during the day :Provided that this power shall not be exercised so as to prevent any voter who is otherwise entitled to vote at any polling station from having an opportunity of voting at such polling station.

52. Postponement of poll in emergencies.

- The State Election Commission may, for sufficient cause to be recorded in writing, postpone the date or extend the period fixed for polling in case of emergencies such as disturbance of the public peace, natural calamity etc. Where a poll is so postponed, the State Election Commission shall endeavour to conduct the poll as soon as practicable.

53. Adjournment of poll.

(1)If at any election it is not possible to take the poll at any polling station or the proceedings at any polling station re interrupted or obstructed by riot, violence, disturbance of the public peace, natural calamity, the presiding officer for such polling station may adjourn the poll and shall forthwith inform the returning officer who shall in turn report to the Commission accordingly.

(2)Whenever a poll is adjourned the Returning Officer shall as soon as may be with the previous approval of the State Election Commission, notify the date and hours during which and the polling.stations at which the poll shall recommence and shall not count the votes cast at any such election until such adjourned poll shall have been completed.

54. Procedure on adjournment of poll.

(1)If the poll at any polling station is adjourned under rule 53, the provisions of rules 47 to 50 shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under rule 25.

(2)When an adjourned poll is recommenced under sub-rule (2) of rule 53, the voters who have already voted at the poll so adjourned shall not be allowed to vote again;

(3)The returning officer shall provide the presiding officer of the polling station at which such adjourned poll is held, with the sealed packet containing the marked copy of the List of voters and new ballot boxes;

(4)The presiding officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the List of voters to whom the ballot papers are issued at the adjourned poll, without however recording therein the serial number thereof.

(5)The provisions of rules 24(2), 25 to 51 shall apply mutatis mutandis in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.

55. [ Fresh poll in case of obstruction or damage of ballot boxes etc. [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).]

(1)The Returning Officer forthwith report the matter to the State Election Commission, if at any election-

(a)any ballot box or voting machine used at a polling station is unlawfully taken out of the custody of the presiding officer or is accidentally or intentionally destroyed or lost or damaged or tempered with to such an extent that the result, of the poll at the polling station cannot be ascertained; or

(b)any voting machine develops a mechanical failure during the course of recording or counting of votes; or

(c)any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station; or

(d)booth capturing has taken place at a polling station in such a manner that the result of the counting at that polling station cannot be ascertained.

(2)Thereupon, the State Election Commission shall, after taking all material circumstances into account, either,-

(a)declare the poll at that polling station to be void, appoint the day and fix the hour for taking a fresh poll at the polling station and notify the day so appointed and the hour so fixed in such a manner as it may deem fit, or

(b)if satisfied that the result of a fresh poll at that polling station will not in any way effect the result of the election or that the mechanical failure of the voting machine or that the error or irregularity in procedure is immaterial, issue such directions to the returning officer as it may deem appropriate for the further conduct and completion of the election.

(3)Where a report has been sent to the State Election Commission under sub-rule (1), the returning officer shall not commence counting of votes till he gets a clearance to do so from the State Election Commission.

(4)Where ballot boxes are used, the provisions of rule 25 to 51 shall apply mutatis mutandis in relation to the conduct of a fresh poll as they apply in relation to the originally scheduled poll.

(5)Where voting machine is used, the provisions of rules 25 to 29, 30A, 31 A, 32A, 32B, 33, 33A, 35A, 36, 37A, 37B, 38A, 39, 40A, 41, 42, 43, 44A, 45A, 46A, 47,A, 48A, 49A, 50A and 51 shall apply mutatis mutandis in relation to the conduct of fresh poll as they apply in relation to the originally scheduled poll.

(6)Where the presiding officer is of opinion that booth capturing is taken place at a polling station, whereat voting machines is being used, he shall immediately close the control unit of the voting machine to ensure that no further votes can be recorded and shall detach the balloting unit that from the .control unit.Explanation. - For the purposes of sub-rule (1) of rule 55, "booth capturing" includes, among other things, all or any of the following activities, namely:-

(a)seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections.

(b)taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from free exercise of their right to vote.

(c)coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote.

(d)doing by any person in the service of Government of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.]

56. [ Adjournment of poll on the death of a candidate. [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).]

(1)If a candidate set up by a recognised political party.-

(a)dies at any time after 11.00 A.M. on the last date for making nominations and his nomination is found valid on scrutiny under rule 13; or

(b)whose nomination has been found valid on scrutiny under rule 13 and who has not with drawn his candidature under rule 16, dies;

and in either case, a report of his death is received at any time before the publication of the list of contesting candidates under rule 21; or

(c)dies as a contesting candidate and a report of his death is received before the commencement of the poll,

the Returning Officer shall, upon being satisfied about the facts of the death of the candidate, by order, announce an adjournment of the poll to a date to be notified later, and report the fact to the State Election Commission and also to State Government in Local Self Government Department:Provided that no order for adjourning a poll should be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate.

(2)The State Election Commission shall on receipt of a report from the Returning Officer under sub-rule (1), call upon the recognised political party, whose candidate has died, to nominate another candidate for the said poll within five days of issue of such notice to such recognised political party and the provisions of rule 10 to 16 and 20 to 22 shall, so far as may be, apply in relation to such nomination as they would apply to other nominations :Provided that no person who has given a notice of withdrawal of his candidature under Rile 16 before the adjournment of the poll shall be ineligible for being nominated as a candidate for the election after such adjournment.

(3)Where a list of contesting candidates had been published under rule 21 before the adjournment of the poll under sub-rule (1), the returning officer shall again prepare and publish a fresh list of contesting candidates under that rule so as to include the name of the candidate who has been validly nominated under sub-Rile (2).Explanation. - "recognised political party" means a political party recognised by the Election Commission of India under the Election Symbols (Reservation and Allotment) Order, 1968].

57. Appointment of date, time and place for counting of votes.

- The returning officer shall at least one week before the date fixed for the poll, appoint the place or places where the counting of votes will be done and the date and time at which the counting will commence and shall give notice of the same in writing to each candidate or his election agent :Provided that if for any reason the returning officer thinks it necessary to do so he may alter the date, time and place or places so fixed or any of them after giving notice of the same in writing to each candidate or his election agent.

58. Counting agents.

(1)A candidate or his election agent may subject to such general or special directions the Election Commission may issue in this behalf from time to time appoint counting agents to remain present on his behalf at the time of counting of ballot papers.

(2)The number of counting agents that a candidate may appoint under the above sub-rule shall not exceed the number of counting tables including that of the returning officer.

(3)Every appointment of a counting agent shall be made in Form 19 in duplicate, one copy of which shall be forwarded to the returning officer while the other copy shall be made over to the counting agent for production before the returning officer not later than one hour before the [time fixed for commencement of counting under these rules] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).].

(4)No counting agent shall be admitted into the place fixed for counting unless he has delivered to the returning officer the second copy of his appointment under sub-rule (2) after duly completing and signing the declaration contained therein and receiving from the returning officer an authority for entry into the place fixed for counting.

(5)The revocation of appointment of a counting agent made under sub-rule (1) shall be made in Form 20 and lodged with the returning officer.

(6)In the event of any such revocation before the commencement of the counting of votes, the candidate or his election agent may make a fresh appointment in accordance with sub-rule (2).

59. Appointment of counting supervisor and counting assistants.

- Subject to the provision of rule 77, the returning officer may with the previous approval of the District Municipal Election Officer, appoint as many counting supervisors and counting assistants as may be needed by him to assist him in the counting.

60. Admission of the place fixed for counting.

(1)The returning officer shall exclude from the place fixed for counting of votes all persons except:-

(a)counting supervisors and counting assistants.

(b)persons authorized by the State Election Commission.

(c)public servants on duty in connection with the election.

(d)candidates, their election agents and not more than one counting agent per counting table.

(2)Any person who during the counting of votes misconducts himself or fails to obey the lawful directions of the returning officer may be removed from the place where the votes are being counted by the returning officer or any person or any police officer authorised in this behalf by the returning officer.

61. Maintenance of secrecy of voting.

- Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes of an election shall maintain and aid in maintaining the secrecy of voting and shall not communicate to any person any information calculated to violate such secrecy.

62. Scrutiny and opening of ballot boxes.

(1)The returning officer may have the ballot box or boxes used at more than one polling station opened and the ballot papers found in such boxes counted simultaneously.

(2)Before any ballot box Is opened at a counting table, the counting agents present at that table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon to satisfy themselves that it is intact.

(3)The returning officer shall satisfy himself that none of the ballot boxes has in fact been tampered with.

(4)If the returning officer is satisfied that any ballot box has in fact been tampered with, he shall not count the ballot papers contained in that box and shall follow the procedures laid down in rule 55.

63. Counting and scrutiny of votes.

(1)Counting of votes shall be ward-wise.

(2)The ballot boxes relating to each polling station of the ward and the envelops/covers containing the papers referred to in rule 46, shall be opened, and the ballot papers therein taken out and counted and the number thereof recorded in a statement and be verified from the statements received from the presiding officers. If the number of the ballot papers found in the ballot box does not tally with the statements in Form 17, [such discrepancy shall be recorded in Part-II of Form 17] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).].

(3)The returning officer shall then mix together all the ballot papers of the ward so taken out and distribute them in convenient bundles to the counting supervisors and counting assistants for counting :Provided that no envelope containing the tendered ballot papers shall be opened and no such votes shall be counted.

(4)After the ballot papers have been so distributed, they shall be scrutinised and counted. The candidates [or] [Inserted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).] their counting agents may be given a reasonable opportunity to inspect the ballot papers without actually handling them.

64. Rejection of ballot papers.

(1)The returning officer shall reject the ballot paper if:-

(i)it bears any mark or writing by which the voter can be identified,

(ii)it is void for uncertainty,

(iii)no vote is recorded thereon,

(iv)if it bears a mark against more than one candidate,

(v)it bears the mark elsewhere than the space provided,

(vi)it bears a mark made otherwise than with the instrument supplied for the purpose,

(vii)the mark indicating the vote thereon is placed in such a manner as to make it doubtful to which candidate the vote has been given,

(viii)it is a spurious ballot paper,

(ix)it is so damaged or mutilated that its identity as genuine ballot paper cannot be established.

(x)it bears a serial number or is of the design different from the serial number or as the case may be, design of the ballot paper authorised for use at a particular polling station.

(xi)it does not bear both the mark and the signature which it should have borne under the provisions of rule 35 :

Provided that if the returning officer is satisfied that any defect as is mentioned in (x) & (xi) has been caused by any mistake or failure on the part of the presiding officer or polling officer, the ballot paper shall not be rejected merely on the ground of such defect:Provided further that the ballot paper shall not be rejected merely on the ground that the mark indicating the vote is in- distinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the ballot paper is marked.

(2)Before rejecting any ballot paper under sub-rule (1), the returning officer shall allow each candidate or his election agent or counting agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle any ballot paper.

(3)The returning officer shall endorse on every ballot paper which he rejects the word "rejected" and the grounds of rejection in abbreviated from either in his own hand or by means of a rubber stamp and shall initial such endorsement.

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

(5)The decision of the returning officer as to the rejection of ballot paper or otherwise shall be final.

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

65. Counting to be continuous.

- The returning officer shall as far as practicable proceed continuously with the counting and shall during any interval when the counting has to be suspended keep the ballot paper packets and all other papers relating to election sealed with his own seal and the seal of such candidate or election agent as may desire to affix their seal and take sufficient precaution for their custody during such interval.

66. [ Preparation of result sheet of counting. [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).]

- After the completion of the counting the returning officer shall prepare the result in Form 21 containing:-

(i)the names of the candidates for whom valid votes have been given.

(ii)number of valid votes given for each candidate.

(iii)number of valid votes given to NOTA (none of the above).

(iv)number of votes declared invalid.

(v)number of tendered votes.]

67. Announcement of results and recounting of votes.

(1)After the preparation of the result sheet as per rule 66, the returning officer shall announce the total number of votes polled by each candidate.

(2)After such announcement has been made the candidate or [in his absence his election agent] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).] may apply in writing to the returning officer to recount the votes either wholly or in part stating the grounds on which he demands such recounting.

(3)On such application being made the returning officer shall decide the matter and may allow the application in whole or in part or may reject it into, if it appears to him to be frivolous and unreasonable.

(4)Every decision of the returning officer under sub-rule (3) shall be in writing and containing the reasons therefor.

(5)If the returning officer decides under sub-rule (3) to allow the recounting of votes either wholly or in part he shall do recounting according to rule [64] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).] and amend the result sheet to the extent necessary after such recounting and announce the amendment so made by him.

(6)After the total number of votes polled by each candidate has been announced under sub-rule (1) or under sub-rule (5) in case a recount has been ordered under sub-rule (3), returning officer shall complete and sign the result sheet and no application for recounting shall be entertained thereafter :Provided that no step under this sub-rule shall be taken on the completion of the counting until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise their right conferred by sub- rule (2).

68. Declaration of results.

- When the counting of votes has been completed the returning officer shall prepare a return of the results of the polling wardwise in Form 22 and shall declare the results in the following manner unless otherwise directed by the State Election Commission.

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

(b)If after the counting of votes, an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of the candidate to be declared elected, the returning officer shall forthwith decide between these candidates by lot drawn in the presence of such candidates or their election agents and the candidate on whom the lot falls shall be considered to have received an additional vote and shall be declared duly elected.

69. Oath of office.

- Every person who is elected to be a [Chairperson or] [Inserted by Notification No. F. 8(GA) ()/Rules/DLB/17/8223, dated 30.3.2017-Rajasthan Gazette Extraordinary, Part VI(A) dated 12.4.2017, page 9]] member of any municipality shall before entering upon his duties as such make and subscribe before [an officer authorised by the State Government by a general or special order] [Substituted 'the Collector or his nominee' by Notification No. F. 8(GA) ()/Rules /DLB/17/8223, dated 30.3.2017-Rajasthan Gazette Extraordinary, Part VI(A) dated 12.4.2017, page 9] for the purpose an oath or affirmation in the form prescribed below:-"I ........................ do solemnly sear (or affirm) that I will be faithful and bear true allegiance to the Constitution of India as by law established & that I will loyally carry out the duties of the office upon which I am about to enter."

70. Destruction or loss of ballot papers at the time of counting.

(1)If at any time before the counting of votes completed, any ballot papers used at the polling station are unlawfully taken out of the custody of the returning officer or accidentally or intentionally destroyed or lost or damaged or tampered with to such an extent that the result of the poll of that polling station cannot be ascertained, the returning officer shall forthwith report the matter to the State Election Commission.

(2)Thereupon, the State Election Commission shall after taking all material circumstances into account either,

(a)direct that the counting of votes shall be stopped, declare a repoll at the polling station concerned, appoint the day and fix the hour for taking the repoll and notify the date so appointed and hour so fixed in such a manner as it may deem fit, or

(b)if satisfied that the results of a fresh poll at that polling station or place will not in any way affect the result the State Election Commission shall issue such directions to the returning officer as it may deem proper for resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.

(3)Provisions of these rules shall apply to every such fresh poll as they apply to the original poll.

71. Grant of certificate to the elected candidate.

- As son as may be after a candidate is elected the returning officer shall grant to such a candidate a certificate of election in Form 23, obtain from the candidate an acknowledgement of its receipt duly signed by him and immediately send it to the State Election Commission.

72. Publication of results.

- The names of the persons elected as members shall be published by the returning officer in the Official Gazette.

73. Custody of ballot papers and other papers relating to election.

- The returning officer shall after declaring the result keep in safe custody the used ballot papers and other papers related to the election in separate packets which shall be sealed with the seal of the returning officer and of such candidates or election agents or counting agents as may desire to affix their seal thereon.[Provided that all voting machines used, if any, at an election shall be kept in such manner as the State Election Commission may direct.] [Added by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).]

74. Production and inspection of election papers.

- While in the custody of the returning officer, the packets of ballot papers whether [counted, rejected, cancelled or tendered and the counterfoils thereof, register of voters in Form 14A] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).] and of the marked copy of the list of voters [and the packets of the declaration by electors together with attestation of their signatures] [Inserted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.] shall not be opened, inspected or produced except under the orders of a competent court but all other documents relating to the election shall be open to public inspection subject to such conditions and to the payment of such fees as may be decided by the State Election Commission and any person on compliance with such condition and on payment of such fees shall be entitled to obtain a coy or copies thereof or any part thereof.

75. Disposal of election papers.

- Subject to any direction to the contrary given by the Election Commission or by a competent court:-

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

(b)packets other than those as referred to in (a) above shall be retained for a period of one year and shall thereafter be destroyed :

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

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

76. Requisitioning of premises, vehicles etc. for election purposes.

(1)If it appears to the District Municipal Election Officer that in connection with an election held under these rules-

(a)any premises needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or

(b)any vehicle, vessel or animal is needed or is likely to be headed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election or transport of any officer or other person for performance of any duties in connection with such election, he may, by order in writing, requisition such premises, or such vehicle, vessel or animal, as the case may be and may make such further orders as may appear to be necessary or expedient in connection with the requisition :

Provided that no vehicle, vessel or animal which is being lawfully used by a candidate shall be requisitioned under this sub-rule until the completion of the poll at such election.

(2)The requisition shall be effected by an order in writing addressed to the person deemed by District Municipal Election Officer to be the owner or person in possession of the property, and such order shall be served on the person to whom it is addressed.

(3)Whenever any property is requisitioned under sub-rule (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in this sub-rule.

(4)[ Any person remaining in possession of any requisitioned premises in contravention of any order made under this rule may be summarily evicted from the premises by the officer empowered by the District Municipal Election Officer in this behalf :Provided that any Officer so empowered may, after giving to any women not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break or open any door of any building or do any other act necessary for effecting such eviction.] [Inserted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.]Explanation. - For the purpose of this rule:-

(a)"Premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;

(b)"vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.

77. Printing and clerical errors in electoral rolls.

- If a question arises for the decision of the returning officer or a presiding officer under these rules whether an entry in the electoral roll relates to a particular person, the returning officer or the presiding officer as the case may be, may, for reasons to be recorded in writing, decide that the entry does or does not relate to the said person, notwithstanding any clerical or printing error therein.[Chapter III-A] [Inserted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).] Voting and counting of votes by Electronic Voting Machines

77A. Voting and Counting of votes by voting machines.

- In relation to voting and counting of votes, custody, inspection and disposal of election papers etc., where voting machine is used,-

(a)the provisions of Chapter III, except rules 30 to 32, 34, 35, 37, 38, 40, 44 to 50, 54, 62 to 64, 74 and 75 shall, so far as may be, mutatis mutandis apply and any reference in those provisions to ballot paper shall be construed as including a reference to such voting machine.

(b)in lieu of rules 30 to 32, 34, 35, 37, 38, 40, 44 to 50, 54, 62 to 64, 74 and 75 the following corresponding rules shall apply, namely:-

30A. Arrangements at polling station. - (1) There shall be displayed outside each polling station-

(a)a notice specifying the polling area, the voters of which are entitled to vote at the polling station; and(b)a copy of the list of contesting candidates along with names of their symbols.

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

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

31A. Design of Electronic Voting Machines. - Every electronic voting machine (here in after referred to as the voting machine) shall have a control unit and a balloting unit and shall be of such designs as may be approved by the State Election Commission.

32A. Preparation of voting machine by the returning officer. - Subject to the provisions of rule 34A, the returning officer shall,-

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

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

33B. Preparation of voting machine for poll. - (1) For securing the control unit of voting machine the presiding officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the candidates, election agents and polling agents present as are desirous of affixing the same.

(2)The presiding officer shall thereafter fix the paper seal so signed in the space meant therefor in the control unit of voting machine and shall secure and seal the same.

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

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

(a)the serial number of the ward and name of municipality;

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

(c)the serial number of the unit; and

(d)the date of poll.

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

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

34A. Form of ballot paper. - (1) Every ballot paper shall be in such form as may be prescribed by the State Election Commission.

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

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

(4)The ballot papers shall be serially numbered.

(5)The symbol allotted to the candidates under rule 20 shall be shown alongside the name of the candidate on the ballot paper.

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

(7)If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residences or in some other manner.

35A. Procedure for voting by voting machine. - (1) Before permitting a voter to vote, the polling officer shall-

(a)record the electoral roll number of the voter as entered in the marked copy of the electoral roll in a register of voters in Form 14-A;(b)obtain the signature or thumb impression of that voter on the said register of voters;(c)mark the name of the voter in the marked copy of the electoral roll to indicate that he h as been allowed to vote :Provided that no voter shall be allowed to vote unless he has put his signature or thumb impression on the register of voters.

(2)

(a)Before permitting a voter to vote, the presiding officer shall cause a mark to be put on the left forefinger of the voter with an indelible ink :

Provided that where such a mark already exists on the left forefinger of the voter it shall be deemed that he had cast his vote already at the election and shall not be permitted to vote :Provided further that no voter shall be allowed to vote unless he has allowed a mark to be put on his left forefinger with an indelible ink.

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

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

37A. Procedure for voting and secrecy of voting. - (1) Every voter who has been permitted to vote under rule 35-A shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure here-in-after laid down.

(2)Immediately on being permitted to vote, the voter shall proceed to the presiding officer or the polling officer incharge of the control unit of the voting machine who shall, by pressing the appropriate button on the control unit activate the balloting unit, for recording of the voter's vote.

(3)The voter shall thereafter forth with-

(a)proceed to one of the voting compartments;

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

(c)come out of the voting compartment and quit the polling station.

(4)Every voter shall vote without undue delay.

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

(6)If a voter who has been permitted to vote under rule 35-A or 44-A, refuses after warning given by the presiding officer, to observe the procedure as laid down in sub-rule (3), the presiding officer or a polling officer under the direction of presiding officer shall not allow such voter to vote.

(7)Where a voter is not allowed to vote under sub-rule (6), a remark to the effect that voting procedure has be violated, shall be made against the name of voter in the register of voters in Form 14-A by the presiding officer under his signature.

37B. Presiding Officer's entry in the voting compartment during poll. - (1) The presiding officer may whenever he considers it necessary to do so, enter the voting compartment during poll and take such steps as may be necessary to ensure that the balloting unit is not tampered or interfered with in any way.

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

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

38A. Recording of votes of blind or infirm voters. - (1) If the presiding officer is satisfied that owing to blindness or other physical infirmity, a voter is unable to recognize the symbols on the balloting unit of the voting machine or unable to record his vote by pressing the appropriate button thereon without assistance, the presiding officer shall permit the voter to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on his behalf and in accordance with his wishes :

Provided that no person shall be permitted to act as the companion of more than one voter at any polling station on the same day :Provided further that before any person is permitted to act as the companion of a voter on any day under this rule, the person shall be required to declare, that he will keep secret the vote recorded by him on behalf of the voter and that he has not already acted as the companion of any other voter at any polling station on that day.

(2)The presiding officer shall keep a record in Form 12 of all cases under this rule.

40A. Identify to voter. - At any time before permitting the voter to vote the presiding officer or polling officer may of his own accord, if he has reason to doubt the identify of the voter or his right to vote at such polling station and 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 voter to whom such entry relates.

44A. Tendered Votes. - (1) If a person representing himself to be a particular voter seeks to vote after another person has already voted as such voter, he shall on satisfactorily answering such question relating to his identity as the presiding officer may ask, be, instead of being allowed to vote through the balloting unit, supplied with a tendered ballot paper which shall be of such design as the State Election Commission may specify.

(2)Every such person shall, before being supplied with a tendered ballot paper, write his name against the entry relating to him in a list in Form 14-B.

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

(a)proceed to the voting compartment;

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

(c)fold the ballot paper so as to conceal his vote;

(d)show to the presiding officer, if required, the distinguishing mark on the ballot paper;

(e)give it to the presiding officer who shall place it in a cover specially kept for the purpose; and

(f)leave the polling station.

(4)If owing blindness or physical infirmities, such voter is unable to record his vote without assistance; the presiding officer shall permit him to take with him a companion, subject to the same conditions and after following the same procedure as laid down in rule 38-A for recording the vote in accordance with his wishes.

45A. Elector deciding not to vote. - If a voter, after his electoral roll number has been duly entered in the register of voters in Form 14-A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 35-A, decided not to record his vote, a remark to this effect shall be made against the said entry in Form 14-A by the presiding officer and the signature or thumb impression of the voter shall be obtained against such remark.

46A. Voting by officers on election duty. - (1) A presiding officer, polling officer or any other person who is on duty in the same ward in which he is a voter and at a polling station at which he is not entitled to vote may make an application to the returning officer in Form 15 to allow him to vote at the polling station at which he is on duty. If on such application the returning officer certifies in Form 16 that the applicant is entitled to vote at the election for the ward in connection with which he is employed, he may be allowed to record his vote at that polling station :

Provided that the returning officer shall mark "EDC" against the name of voter to whom certificate in Form 16 has been issued, in the marked copy of electoral roll to indicate that an election duty certificate has been issued and ensure that the voter is not allowed to vote at the polling station where he would otherwise have been entitled to vote.

(2)On production of such certificate, the presiding officer, shall-

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

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

(c)permit him to cast his vote in the same manner as for a voter entitled to vote at that polling station.

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

(4)A presiding officer, polling officer or any other person being on election duty in a ward of any municipality but who is a voter in different ward or municipality, wishes to vote by post at an election for a ward of any municipality in which he is a voter, may make an application in form 15A to the returning officer of the municipality in which he is a voter, so as to reach that returning officer at least 4 days or such shorter period as that returning officer may allow before the date of poll; and if that returning officer is satisfied that the applicant is a voter on election duty in the other ward or municipality he shall issue a postal ballot paper to the voter on election duty together with-

(a)a declaration in Form 16A;

(b)a cover in Form 16B;

(c)a larger cover in Form 16C; and

(d)instructions for the voter in Form 16D :

Provided that the returning officer shall at the same time-

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

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

(c)ensure that voter is not allowed to vote at a polling station :

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

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

(6)

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

(b)The voter shall sign the declaration in Form 16A in the presence of, and have the signature attested by any gazetted officer or by the presiding officer of the polling station at which he is on election duty.

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

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

47A. Sealing of voting machine after close of poll. - (1) As soon as practicable after the closing of the poll, the presiding officer shall close the control unit to ensure that no further votes can be recorded and shall detach the balloting unit from control unit.

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

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

48A. Sealing of polling materials and other papers. - The presiding officer of each polling station as soon as practicable after the close of the poll, shall in the presence of any candidate or election agent or polling agent who may be present, make up into separate packet and seal with his seal and the seal of such candidates or agents as may desire to affix their seals:-

(a)the marked copy of the electoral roll;

(b)the tendered ballot papers;

(c)the list of tendered votes;

(d)the list of challenged votes;

(e)the certificate in Form 16 produced by officers on election duty;

(f)the register of voters in Form 14A;

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

The presiding officer shall after sealing all the packets endorse on each packet a description of its contents.

49A. Accounts of votes recorded. - (1) The presiding officer shall at the close of the poll, prepare an account of votes recorded in Form 14C.

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

50A. Transmission of voting machines etc. to the returning officer. - (1) The presiding officer shall then deliver or cause to be delivered to the returning officer at such place as the returning officer may direct.

(i)the voting machine,(ii)the account of votes recorded in Form 14C,(iii)the sealed packets under rule 48A, and(iv)all other papers used at the poll.

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

54A. Procedure of adjournment of poll. - (1) If the poll at any polling station is adjourned under rule 53, the provisions of rule 47A, 48A, 49A and 50A shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under rule 25.

(2)When an adjourned poll is recommended under sub-rule (2) of rule 53, the voters who have already voted at the poll so adjourned shall not be allowed to vote again.

(4)The presiding officer shall open the sealed packet in the presence of the candidates, or election agents or polling agents present and use the marked copy of the electoral roll for marking the names of the voters who are allowed to vote at the adjourned poll.

(5)The provisions of rules 25 to 29, 30A, 31 A, 32A, 32B, 33, 34A, 35A, 36, 37A, 37B, 38A, 39, 40A, 41, 42, 43, 44A, 45A, 46A. 47A, 48A, 49A, 50A and 51 shall mutatis mutandis in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.

62A. Scrutiny and inspection of voting machines. - (1) The returning officer may have the control units of the voting machines used at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously.

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

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

(4)If the returning officer is satisfied that any voting machine has in fact been tampered with he shall not count the votes recorded in that machine and shall follow the procedure laid down in rule 55, in respect of the polling station where that machine was used.

63A. Counting of votes. - (1) After the returning officer is satisfied that a voting machine has in fact not been tampered with, he shall have the votes recorded therein counted by pressing the appropriate button marked "Result" provided in the control unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect of each such candidate on the display panel provided for the purposes in the unit.

(2)As the votes polled by each candidate are displayed on the control unit, the returning officer shall have,-

(a)the number of such votes recorded separately in respect of each candidate in Part-11 of Form 14C;

(b)Part II of Form 14C completed in other respects and signed by the counting supervisor and also by the candidates or their election agents or their counting agents present; and

(c)Corresponding entries made in a result sheet in Form 21 and the particulars so entered in the result sheet announced.

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

63B. Sealing of voting machines after counting of votes. - (1) After the result of voting recorded in a control unit has been ascertained candidate-wise and entered in Part II of Form 14C and Form 21 under rule 63A, the returning officer shall reseal the unit with his seal and the seals of such of the candidates or their election agent present who may desire to affix their seals thereon so however that the result of voting recorded in the unit is not obliterated and the unit retains the memory of such result.

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

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

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

(c)serial number of the control unit;

(d)date of poll; and

(e)date of counting.

64A. Counting and rejection of postal ballot papers. - (1) Subject to general or specific direction given in this behalf by the State Election Commissioner, the provisions under rule 64 shall apply in relation to rejection of postal ballot papers referred to in sub-rule (4) of rule 46A:

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

(2)The returning officer shall record the result of counting of votes received by post, if any, in the result sheet in Form 21 and announce the same.

74A. Production and inspection of election papers. - (1) While in the custody of the returning officer,

(a)the packets of unused postal ballot papers with counter foils attached there to;(b)the packets of used postal ballot papers whether valid, rejected or cancelled, and counterfoils thereof;(c)the packets of used or unused tendered ballot papers;(d)the packets of the marked copy of electoral roll;(e)the packets containing register of voters in Form 14A;(f)the packets of the declaration by electors and the attestation of their signatures:shall not be opened, inspected or produced except under the orders of a competent court.

(2)The control units sealed under rule 63B and kept in the custody of the returning officer shall not be opened, inspected or produced except under the orders of a competent court.

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

75A. Disposal of election papers. - Subject to any direction to the contrary given by the State Election Commission or by a competent court:-

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

(b)the voting machines kept in custody of the returning officer under sub-rule (2) of rule 74A shall be retained intact for such period as the State Election Commission may direct;

(c)packets other than those as referred to in sub-rule (1) of rule 74A shall be retained for a period of one year and shall thereafter be destroyed :

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

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

[Chapter-IV [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).] Election of Chairperson and Deputy Chairperson

78. Definition of Member.

- For the purpose of this chapter, the term "member" shall mean elected member of the municipality.

79. Meeting for election of a Chairman.

- The meeting of members for election of a Chairman shall be held in the office of the municipality at 10 A.M. on the day immediately succeeding the day on which the result of its members is declared :Provided that the State Election Commission may for reasons to be recorded in writing, direct the elections of Chairman to be held on some other day and time as it deems fit.

80. Notice of meeting.

- The returning officer shall affix notice of the meeting on the notice board of the municipality immediately after the declaration of the result of election of members stating therein-

(a)10 A.M. to 11 A.M. as the time for filing nomination;

(b)11.30 A.M. as the time for commencement of scrutiny of nomination papers;

(d)2.30 P.M. to 5 P.M. as the hours of poll, if necessary;

(e)counting shall be made immediately after completion of poll:

Provided that the returning officer may extend time for poll, if necessary or may declare the poll as finally concluded earlier in case all the members holding office have voted.

81. Filing of nomination papers.

(1)The nomination of every candidate shall be made by means of a nomination paper in the form prescribed in Schedule-I.

(2)Every nomination paper shall be signed by a member as proposer and the candidate shall sign declaration on it expressing his willingness to stand for the election.

(3)Each candidate shall be nominated by a separate nomination paper.

(4)Every nomination paper shall be presented by the candidate or his propose on the date, at the place and during the hours specified in the notice for filing nomination paper.

(5)Immediately after the time for receipt of nomination papers is over, the returning officer shall cause to be published a list in the form prescribed in Schedule-II containing the names of the candidates whose nominations have been received.

82. Scrutiny of nomination paper.

(1)At the time appointed for scrutiny of nominations, the candidate or his proposer may attend at such place and time as is specified in the notice for the scrutiny of nomination papers and the returning officer shall give such person all reasonable facilities to examine the nomination papers of all the candidates which have been received as aforesaid.

(2)The returning officer shall then examine the nomination papers and shall decide all objections which may be made at the time to any nomination and may either on such objection, or on his own motion and after such summary enquiry, if any, as he may deem necessary, reject any nomination on any one or more of the following grounds: -

(a)that the proposer is a person who is not a member of the Board;

(b)that any of the provisions of sub-rule (1) to (4) of rule 81 have not been complied with :

Provided that the nomination of a candidate shall not be rejected merely on the ground of incorrect description of his name or of the name of his proposer or of any other particulars relating to the candidate or his proposer. If the identity of the candidate or proposer as the case may be can otherwise be established beyond reasonable doubt.

(3)The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same, if the nomination paper is rejected, shall record in writing, a brief statement of reasons for such rejection.

83. Publication of the list of nominated candidates.

- The returning officer shall cause to be published a list containing the names of the validly nominated candidates in the form prescribed in Schedule-III by affixing it on the notice board of the municipality.

84. Notice of withdrawal of candidature.

(1)Any candidate may withdraw his candidature by a notice in writing in the form prescribed in Schedule III-A before the time fixed under clause (c) of rule 80 and deliver the same to the returning officer personally.

(2)No person who has given a notice of withdrawal of his candidature under sub-rule (1) shall be allowed to cancel the notice.

(3)The returning officer shall arrange the names of contesting candidates according to Hindi alphabets written in Devnagri script, prepare the list of contesting candidates in the form prescribed in Schedule III-B and affix it on the notice board of the Municipality.Explanation. - Alphabetical arrangement shall be made with reference to the names of candidates and not with reference to their surnames, if any.

85. Procedure after publication of list of contesting candidates.

(1)If there is only one candidate, there shall be no poll and the candidate so nominated shall be declared to have been duly elected as the Chairman in the form prescribed in Schedule-V.

(2)If there are two or more of such candidates, an election shall be held by secret ballot and votes of the members present at the meeting shall be taken.

(3)If there is no validly nominated candidate, all proceedings in relation to election shall be commenced afresh.

86. Voting.

(1)The Returning Officer shall cause such arrangement to be made as will ensure the secrecy of the ballot.

(2)Returning Officer will be assisted by Polling Officer to be appointed by District Municipal Election Officer.

(3)The ballot paper shall be in the form prescribed in Schedule IV and shall be duly authenticated by the seal and signature of the Returning Officer. The names of the candidates shall be arranged on the ballot paper in the same order in which they appear in the list of contesting candidates. The Polling Officer shall tick mark the entry in the list of members before issuing ballot paper.

(4)Every member wishing to vote shall place a cross mark on the ballot paper against the name of the candidate whom he wants to vote by means of the instrument supplied for the purpose by the Returning Officer and by no other instrument.

(5)He shall then fold up the ballot paper so as to conceal his vote and deposit the same in a ballot box placed in the view of the Returning Officer.

(6)If the voter is illiterate or is unable to place a mark on the ballot paper owing to blindness or other physical infirmity, the Returning Officer or another member chosen by the voter shall record the vote on the ballot paper in accordance with the wishes of the voter and fold it up so as to conceal the vote and the voter shall then himself or with the assistance of the Returning Officer insert the ballot paper into the ballot box.

(7)The ballot box shall be so constructed that the ballot papers can be introduced therein but cannot be withdrawn.

(8)Every person wishing to record his vote shall do in person can be introduced therein but cannot be withdrawn.

87. Procedure of counting and declaration of result.

(1)The Returning Officer shall scrutinize the ballot paper and separate those which in his opinion are valid from those which in his opinion are invalid endorsing on the latter the word "rejected" and the ground of rejection.

(2)A ballot paper shall be invalid on the following grounds-

(i)that it bears any mark or signature by which an elector can be identified, or

(ii)that the mark is placed against more than one name, or

(iii)that no mark is recorded on the face of the ballot paper or the mark is so placed that it could not be ascertained for whom the vote has been given or the mark is made by any instrument other than the one supplied for the purpose by the Returning Officer, or

(iv)that it is a spurious ballot paper.

(3)Every ballot paper which is not rejected under the foregoing sub-rule shall be counted as one valid vote.

(4)If after the counting of the votes is completed, an equality of votes is found between any candidate and the addition of one vote will entitle any of those candidate to be declared elected, the Returning Officer shall forthwith decide between those candidate by lot and proceed as if the candidate on whom the lot falls had received an additional vote.

(5)The candidates who secures the largest number of votes shall be declared elected.

(6)The declaration of result of election of Chairman shall be made in the form prescribed in Schedule-VI.

88. Preparation of record of proceeding and publication of result of election.

- Immediately after the declaration of the result, the Returning Officer shall:-

(a)prepare a record of the proceeding in the form prescribed in Schedule-VIII.

(b)publish on the notice board of the municipality a notification signed by him stating the name of the person elected as Chairman and send a copy of such notification

(i)the State Election Commission for publication in the Official Gazette;

(ii)the District Collector concerned;

(iii)the Director of Local Bodies, Rajasthan, Jaipur; and

(iv)the State Government.

89. Packing, preservation, production and inspection of election record.

(1)The Returning Officer shall then make up into packets the ballot papers and other papers relating to the election, seal up the packets and note thereon a description of the contents and the election to which it relates.

(2)The packets shall be retained in safe custody of the District Municipal Election Officer concerned for a period of six months and shall then, unless otherwise directed by the competent court be destroyed.

(3)While in the custody of the District Municipal Election Officer, the packets of the election papers shall not be opened and their contents shall not be inspected by or produce before any person or authority except under the order of a competent court.

90. Election of Vice-Chairman.

- The election of Vice-Chairman shall be held on the day immediately succeeding the day on which the result of election of Chairman is declared in according with the provisions of foregoing rules contained in this chapter subject to the following variations namely:-The reference therein to Chairman wherever it occurs shall be construed as reference to Vice-Chairman :Provided that the State Election Commission may for reasons to be recorded in writing, direct the election of Vice-Chairman to be held on some other day and time as it deems fit.

91. Election of President.

- The Returning Officer shall conduct the election of President in accordance with the procedure laid down in the foregoing rules contained in this chapter subject to the following variations, namely:-

(a)The references therein to 'Board' and 'Chairman' wherever they occur shall be construed to be references to 'Council' and 'President' respectively.

(b)References 'Member' and 'Members' wherever they occur shall be construed to be references to 'Councillor' and 'Councillors' respectively.

92. Election of Vice-President.

- The election of Vice-President shall be held on the day immediately succeeding the day on which the result of election of President is declared in accordance with the provisions of foregoing rules contained in this chapter subject to the following variations, namely:-

(a)The references therein to 'Board' and 'Chairman' wherever they occur shall be construed to be as references to 'Council' and 'Vice-President' respectively;

(b)References to 'Member' and 'Members' wherever they occur shall be construed to be as references to 'Councillor' and 'Councillors' respectively :

Provided that the State Election Commission may, for reasons to be recorded in writing direct the election of Vice-President to be held on some other day and time as it deems fit.

93. Election of Mayor.

- The Returning Officer shall conduct the election of the Mayor in accordance with the procedure laid down in the foregoing rules contained in this chapter subject to the following variations namely:-

(a)The references therein to 'Board' and 'Chairman' wherever they occur shall be construed to be as references to 'Corporation' and 'Mayor' respectively;

(b)References to 'Member' and 'Members' wherever they occur shall be construed to be references to 'Corporation' and 'Corporators' respectively.

94. Election of Deputy Mayor.

- The election of Deputy Mayor shall be held on the day immediately succeeding the day on which the result of election of the Mayor is declared in accordance with the provisions of foregoing rules contained in this chapter subject to the following variations, namely:-

(a)The references therein to 'Board' and 'Chairman' wherever they occur shall be construed to be as references to 'Corporation' and 'Deputy-Mayor' respectively;

(b)References to 'Member' and 'Members' wherever they occur shall be construed to be as references to 'Corporator' and 'Corporators' respectively :

Provided that the State Election Commission may for reasons to be recorded in writing, direct the election of Deputy Mayor to be held on some other day and time as it deems fit.

95. Filling up of vacancies of Chairman, Vice-Chairman, President, Vice-President, Mayor and Deputy Mayor.

(1)Any vacancy occurring otherwise than by efflux of time shall be holding bye-election in accordance with the provisions of the foregoing rules contained in this chapter and the persons so elected as Chairman, Vice-Chairman, President, Vice-President, Mayor and Deputy Mayor shall hold office for the residue of the term of his predecessor :Provided that a person who has been removed from the office of Chairperson or Deputy/Vice Chairperson under the provisions of the Act, shall be ineligible for re-election to such office for the remaining term of the municipality.

(2)The date for such bye election along with notice period to members/councillors/corporators shall be fixed by the State Election Commission.

(3)The declaration of result of such election shall be made in the form prescribed in Schedule-VII.

96. First meeting of the municipality.

- The meeting held for the election of the Chairperson of a municipality shall be the first meeting of the municipality.

97. Removal of difficulties.

- If any difficulty arises in the implementation of these rules, the State Election Commission or any authority directed by it, may by an order in writing give directions as may appear necessary to it for the removal of any such difficulty.]

98. Repeal.

- The Rajasthan Municipalities Fixation of Seats (for Women, Scheduled Castes/Scheduled Tribes and Determination of Wards for Women by Rotation) Rules, 1993, The Rajasthan Municipalities (Election of Chairman, Vice-Chairman, President and Vice-President) Rules, 1959 and Rajasthan Municipalities Election Order, 1960, shall stand repealed.[Schedule-I] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][Rule-81 (1)]Nomination Form of election to the office of ["Chairman/Vice-Chairman/President/Vice-President/Mayor/Deputy Mayor] [Substituted 'Vice-Chairperson' by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).] of the "Municipal Board/Council/Corporation-

1. Full name of the candidate.....................................

2. Father's or Husband's name.....................................

3. Age............................................................

4. Sex............................................................

5. Caste..........................................................

6. Address........................................................

7. Full name and address of the proposer..........................

Signature of the proposer.Place.........Date..........Candidate's Declaration

1. The above named candidate, give any consent to this nomination and hereby declare that I do not hold any of the disqualifications enumerated in the Rajasthan Municipalities Act, 1959 and that 1 am qualified, to be candidate for the seat under the provisions of the said Act.

I further declare that I am setup at this election by ............ (Party).Signature of the proposer.Place.........Date..........Endorsement by the Returning OfficerS. No.This nomination paper was presented to me by.............(Name) at ..........(date and hour.)Signature of the Returning Officer.Place.........Date..........Order of the Returning OfficerAccepted/RejectedReasons for rejection.............Signature of the Returning OfficerPlace......Date.......AcknowledgementReceived nomination paper of Shri............. for election as ........... of........... *Municipal Board/Municipal Council/ Municipal Corporation which was presented to me at.......... (time) this day of..........19......... by Shri..........

Place.........
Date..........	Signature of the Returning Officer

*Score out if inappropriate.[Schedule-II] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][Rule-81(5)]List of Candidates proposed for nomination for election as......... of Municipal* Board/Council/Corporation........

S. No.	Name and description of candidate	Address of Candidate	Remarks
1.
2.
3.
4.
5.
6.

Place.........
Date..........	Signature of the Returning Officer

*Score out if inappropriate.[Schedule-III] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][Rule-83]List of candidates validly for nominated for election........... of Municipal* Board/Council/Corporation...........

S. No.	Name and description of candidate	Address of Candidate	Remarks
1.
2.
3.
4.
5.
6.

Place.........
Date..........	Signature of the Returning Officer

*Score out if inappropriate.[Schedule-III-A] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][Rule-84]Election to the office of ["Chairman/Vice-Chairman/President/Vice-President/Mayor/Deputy Mayor] [Substituted 'Vice-Chairperson' by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).] of......... *Municipal Board/ Municipal Council/Corporation.ToReturning Officer.....................MunicipalityI......................... a candidate nominated at the above election given notice that I withdraw my candidature.Signature of CandidateThis notice was delivered to me in my office at........(hour) on ........(date) by Shri................. the candidate personally.Returning Officer*Score out if inappropriate.[Schedule-III-B] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][See Rule-84 (3)]List of Contesting CandidatesElection to the office of ["Chairman/Vice-Chairman/President/Vice-President/Mayor/Deputy Mayor] [Substituted 'Vice-Chairperson' by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).] of......... *Municipal Board/ Municipal Council/Corporation.

S. No.	Name of candidate	Address of Candidate
1.
2.
3.
4.
5.

Place.........
Date..........	Signature of the Returning Officer

*Score out if inappropriate.[Schedule-IV] [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).][See Rule-86 (3)]Ballot PaperElection to the officer of *Chairman/Vice- Chairman/President/Vice- President/Mayor/Deputy Mayor of ............ *Municipal Board/Municipal Council/Corporation.Sign. and Seal of R.O.

S. No.	Name of candidate	Vote Mark
1.
2.
3.
4.
5.
…........... and so on
NOTA (none of the above)

Place.........
Date..........	Signature of the Returning Officer

*Score out if inappropriate.[Schedule-V] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][See Rule 85](For use in election when seat is uncontested)Declaration of the result of election to the office of["Chairman/Vice-Chairman/President/Vice-President/Mayor/Deputy Mayor] [Substituted 'Vice-Chairperson' by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).] of........... *Municipal Board/Council/Corporation.In pursuance of the provision contained in sub-rule (1) of rule 85, I declare that-....................................................Name....................................................Addresshas been duly elected unopposed to fill the office of *Chairman/Vice-Chairman/President/Vice-President/Mayor/Deputy Mayor of........... *Municipal Board/Council/Corporation.

Place.........
Date..........	Signature of the Returning Officer

*Score out if inappropriate.[Schedule-VI] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][See Rule 87]For use in election when seat is uncontestedDeclaration of the result of election to the office of ["Chairman/Vice-Chairman/President/Vice-President/Mayor/Deputy Mayor] [Substituted 'Vice-Chairperson' by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).] of......... *Municipal Board/Council/Corporation.In pursuance of the provision contained in sub-rule (6) of rule 87, I declare that-............................................Name............................................Addresshas been duly elected unopposed to fill the office of *Chairman/Vice- Chairman/President/Vice-President/Mayor/Deputy Mayor of......... *Municipal Board/Council/Corporation.

Place.........
Date..........	Signature of the Returning Officer

*Score out if inappropriate.[Schedule-VII] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][See Rule 95](For use in election to a casual vacancy)Declaration of the result of election to the office of ["Chairman/Vice-Chairman/President/Vice-President/Mayor/Deputy Mayor] [Substituted 'Vice-Chairperson' by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).] of......... Deputy Mayor of........... *Municipal Board/Council/Corporation.In pursuance of the provision contained in rule 95, I declare that-............................................Name............................................Addresshas been duly elected unopposed to fill the vacancy of *Chairman/Vice-Chairman/President/Vice-President/Mayor/Deputy Mayor of caused by the *resignation/death/removal passing of no confidence motion against election has been registered void of Shri..........

Place.........
Date..........	Signature of the Returning Officer

*Score out if inappropriate.[Schedule-VIII] [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).][See Rule 88]Proceeding of Election bye election of *Chairman/Vice- Chairman/President/Vice-President/Mayor/Deputy Mayor of................ Municipal Board/Council/Corporation.

1.	Date of Election	....................
2.	Place of Election	....................
3.	Hours of Poll	....................
4.	Name of Returning Officer	....................
5.	Total Members holding office	....................
6.	Total Members present in meeting	....................
7.	Names of members Present in meeting (List enclosed)	....................
8.	Total No. of Polling Officers appointed	....................
9.	Counting :-
	(a) Commencement time for counting.	....................
	(b) Time for declaration	....................
10.	Result	....................

S.No.	Name of candidates	Votes Polled	Name of *Chairman/ Vice-Chairman/ President/Vice-President/ Mayor/ Deputy Mayor declared elected.
1
2
3
….... and so on

NOTA (none of the above)

Total Valid votes polled....................................................................Total invalid votes polled..................................................................Total votes polled..........................................................................Returning OfficerSignature by Members

1.

2.

3.

4.

5.

6.

*Score out if inappropriate.[Form 1] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][See Rule 10]Public Notice of Intended ElectionElection to the Municipal *Board/ Council/corporationNotice is hereby given that-

(1)A general election is to be held to till the seats to the following Municipal Board/Council/Corporation.......OR*(1) A election is to be held to fill the seats of the following wards of the Municipal Board/Council/Corporation.

S. No.	Ward Number with name of Municipal Board/Council/Corporation	Whether ward is general, reserved for S.C., S.T.,Backward Classes or Women.
1.2.3.4.

(2)The schedule for the election is as follows:-

(a)Dates and hours between which nomination papers shall be received from...........to......... between 10.30 A.M. to 3.00 P.M. (other than public holidays).

(b)Date for scrutiny of nomination papers ......./....../......

(c)Last date for withdrawal of candidature ....../...../......

(d)Date for poll...../....../.....

(e)Hours of poll......... A.M. to......... P.M.

By Order of the State Election Commission.Secretary, State Election Commission.Place...........Date............*Score out if inappropriate.[Form 2] [Substituted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.](See Rule 11)Public Notice of ElectionElection to the Municipal Board/Council/Corporation............ Ward Number.............. Notice is hereby given that:-

(1)An election is to be held to fill the seats of the following wards-

S. No.	Ward Number	Whether ward is general, reserved for S.C., S.T.,Backward Classes or Women.
1.2.3.4.5.

(2)Nomination papers may be delivered by a candidate or his proposer to me at my office at the following address...............between 10.30 A.M. on any day not later than the............/......../........

(3)Forms of nomination paper may be obtained at the place and time aforesaid.

(4)The nomination papers will be taken up for scrutiny at my office at.........hours on.........../........../...........

(5)Notice of withdrawal of candidature may be delivered by a candidate, or where the candidate is in jail or police custody, by any person authorised by him in this behalf in person to me at my office during office hours but before 3 P.M. on ......../......./......

(6)In the event of the election being contested, the poll will be ......./........./....... between the hours of......... and........

Place.........
Date..........	Returning Officer

[Form 3] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][See Rule 12]Nomination PaperElection to theMunicipal Corporation/Council/Board............Ward Number.....................[Strike off Part 1 or Part II below whichever is not applicable.]Part-I (To be used by the candidate set up by recognised political party)

1. I nominate as a candidate for election to the Municipal......... of........... from Ward Number........... Candidate's Name......... Father's/Mother's/Husband's name............ Sex........ Age........ Postal Address........... His name is entered at S. No............. in the Part No............. of electoral roll for the Ward Number..............

2. My name is ........... and it is entered at S.No.......in the Part No............ of electoral roll for Ward Number..........

Date........../......./.......(Signature of the proposer)Part-II (To be used by the candidate NOT set up by recognised political party)We hereby nominate as candidate for election to the ward number........... of Municipal Candidate's name......... Father's/Mother's/Husband's name.......... Sex.......... Age....... His postal address............ His name is entered at S. No........ in Part No............ of the electoral roll for the Ward No.......... of Municipal..........We declare that we are electors of the above Ward No........... and our names are entered in the electoral roll for that ward as indicated below and we append our signatures below in token of subscribing to this nomination:-Particulars of the Proposed and Their Signatures:-

S.No.	Electrol Roll No. or proposer	Full Name	Signature	Date
		Ward	Part No. of	S.No. in
		No.	electrol roll	that part
1	2	3	4	5	6	7
1.2.3.4.5.
N.B.There should be fiveelectors of the ward as proposers.

Part-III

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

(a)that I have completed...........years of age :

(b)[ that I am set up at this election by........party : [Score out this paragraph if not applicable.]

ORthat the symbols I have chosen are :-

(i)..................................(ii)........................

(i).................................]

(d)that my name and my father's/mother's/husband's name have been correctly spelt out above in Hindi in Devnagri Script and I request that my name may be entered as such on the ballot paper.

(e)that to the best of my knowledge and belief, 1 am qualified and not also disqualified for being elected to the Municipality.

(f)that I have filed/not filed nomination paper in Ward Number ........... /any other Ward.

4. [I further declare that I am a member of the.......... caste tribe class, which is a Scheduled Caste/Scheduled Tribe/Backward Classes in Rajasthan State. I am enclosing herewith an authenticated copy of the caste/tribe/class/ certificate issued by...........on .........] [Score out this paragraph if not applicable.]

Date....../......./.......(Signature of the candidate)Part-IV (To be filled in by the Returning Officer)

1. Serial Number of the nomination paper is...................

2. This nomination was delivered to me at my office at............ (hours) on...../..../...... (date) by the *candidate/proposer.

Date ...../...../.....Returning Officer*Score out if inappropriate.Part-V (Decision of Returning Officer)I have examined this nomination paper and decide as follows.................................................................

Date..........

Returning Officer

Part-VI (To be filled in by the Returning Officer and given to the person presenting the nomination paper).

1. Serial Number of the nomination paper............

2. This nomination was delivered to me at my office at............ (hours) on ..../...../.... (date) by the *candidate/proposer.

Date......./......../.......

Returning Officer

*Score out if inappropriate.Form 4(See Rule 15)List of Validly Nominated CandidatesElection to the Municipal............Ward Number................Reserved & Category :..............

S,No.	Name of the Candidate	Address	Party affiliation	Category of candidate
1	2	3	4	5
1.2.3.4.etc.

Place........................Date ......./........./......Returning OfficerForm 5(See Rule 16)Notice of Withdrawal of CandidatureElection to the Municipal..................Ward Number................................ToThe Returning Officer,Ward No...................................Sir,I, ................... a candidate validly nominated at the above election do hereby give notice that I withdraw my candidature.

Date..........

Signature of validly nominated candidate

(To be filled in by the Returning Officer)This notice was delivered to me at My office at.........hours......... on.............*(1) by the candidate personally, or*(2) by Shri/Smt....................person duly authorised by the candidate as the candidate is in jail/police custody proof of which has been given to me.

Date..........

Returning Officer

*Score out if inappropriate.Acknowledgement(To be filled in by the Returning Officer and given to the person presenting the notice of withdrawal)The notice of withdrawal of candidature by Shri/Shrimati Number .......... was delivered to me at my office at............. hours...... on.............*(1) by the candidate personally/or through his proposer, or*(2) by Shri/Shrimati...............person duly authorised by the candidates as the candidate is in jail/police custody proof of which has been given to me.

Date..........

Returning Officer

*Score out if inappropriate.Form 6(See Rule 21)List of Contesting CandidatesElection to the Municipal ..........................Ward Number.........................................

S.No.	Name of the Candidate	Address	Party affiliation	Symbol allotted
1	2	3	4	5
1.2.3.4.etc.

Place...................Date....................Returning OfficerForm 7[See Rule 23(1)]Appointment of Election AgentElection to the Municipal...................Ward No......................ToThe Returning Officer,Ward Number..............Sir,I............... a candidate at the above election do hereby appoint Shri/Shrimati ............... of......... as my election agent from this date for the above election.Yours faithfully

Date...../......../......

Signature of the Candidate

I accept the above appointment.

Date...../......../......

Signature of the election agent

Date............Place ..........Signature and seal of the Returning OfficerForm 8[See Rule 23 (2)]Revocation of Appointment of Election AgentElection to the Municipal..................Ward Number................................ToThe Returning Officer,Ward Number...............Sir,I,.................. a candidate at the above election hereby revoke the appointment of Shri/Shrimati......................Yours faithfully

Date...............

Signature of the Candidate

Form 9[See Rule 26 (3)][Appointment of Polling Agent] [to be handed over to the polling agent for production at the polling station.]Election to the Municipal......................Ward Number......................I, .................candidate/the election agent of.................. who is a candidate at the above election do hereby appoint Shri/ Shrimati.....................(name and address in full) as a polling agent to attend polling station No............polling station name...........on the day of the poll.

Date................

Signature of the Candidate/election agent.

I agree to act as such polling agent.

Date...............

Signature of the polling agent.

Declaration of polling agent to be signed before the presiding officer.I hereby declare that at the above election I will maintain, and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.Signature of the polling agent.Signed before me

Dated...........

Presiding Officer

Form 10[See Rule 26(5)]Revocation of Appointment of Polling AgentElection to the Municipal................Ward Number....................ToThe Presiding Officer,Polling Station No............Polling Station Name.............Sir,I..................... a candidate/the election agent of Shri/ Shrimati ................... a candidate at the above election hereby revoke the appointment of Shri/Shrimati.............. as polling agent.

Date................

Signature of the Candidate/election agent.

[Form 11 - X X X] [Deleted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.]Form No. 12[See Rule 38(2)]List of Illiterate, Blind and Infirm ElectorsElection to the Municipal..........................Ward No............................................Polling Station Number ............................Polling Station Name...............................

[Sr.No. and Part No. of the elector] [Substituted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.]	Full Name of the elector	Full Name and address of the Companion	Signature of the companion
1	2	3	4

Date..........

Signature of the Presiding Officer

Form 13(See Rule 43)List of Challenged VotesElection to the Municipal ............. of........ Ward Number............... Polling Station........... Number............... Polling Station Name.............

S.No.	Name of elector	[Sr. No. and Part No. of the elector] [Substituted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.]	Signature or thumb impression of the personchallenged	Address of the person challenged
1	2	3	4	5
1.2.3.4.5.etc.

Name of identifier if any.	Name of challenger.	Order of presiding officer.	Signature of challenger on receiving refund ofdeposit it.
6	7	8	9

Place..........

Signature of the Presiding Officer

Form 14[See Rule 44(2)]List of Tendered VotesElection to the Municipal...................Ward Number.................................Polling Station Number......................Polling Station Name........................

Sr. No.	[Sr. No. and Part No. of the elector] [Substituted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.]	Name and Address of the elector	Serial Number of the tendered ballot paper	Signature or thumb impression of the elector.
1	2	3	4	5

Date..........

Signature of the Presiding Officer

[Form 14-A] [Inserted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).](See Rule 35A)Register of VotersElection to the Municipal Board/Council/Corporation ........ from Ward No.......... No. and Name of Polling Station.................

Part No – ....................of Electoral Roll...............

Sl. No.	Name of elector	Sl. No. of elector in the electoral roll	Signature/ Thumb impression of	Remarks
1	2	3	4	5
1.2.3.4.etc.

Date..........

Signature of the Presiding Officer

[Form 14-B] [Inserted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][See Rule 44A]Election to the Municipal Board/Council/Corporation................from Ward No.......................................................No. and Name of Polling Station....................................

Part No – . of Electoral Roll ........................................

Sl. No.	Name of elector	Sl. No. of elector in the electoral roll.	Sl. No. in register of voters (from 14A) of theperson who has already voted in place of elector	Signature/ Thumb impression of elector
1	2	3	4	5
1.2.3.4.etc.

Date..........

Signature of the Presiding Officer

[Form 14-C] [Inserted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][See Rule 49A and 63A (2)]

Part 1 – Account of Votes Recorded

Election to the Municipal Board/Council/Corporation......................from Ward No.............................................................No. and Name of Polling Station..........................................Identification No. of Voting Control Unit................................Machine used at the Polling Station balloting Unit.......................

1. Total No. of electors assigned to the Polling Station.

2. Total No. of voters entered in the Register of Voters (Form 14A).

3. No. of voters deciding not to record votes under rule 45A.

4. No. of voters not allowed to vote under rule 35A, or 37A.

5. Total No. of voters recorded as per voting machine.

6. Whether the total No. of votes as shown against item 5 tallies with the total No. of voters as shown against item 2 minus Nos. of voters deciding, not to record votes as against item 3 minus No. of voters as against item 4 (2-3-4) or any discrepancy noticed.

7. No. of voters to whom tendered ballot papers were issued under rule 44A.

8. No. of tendered ballot papers.

S.no.From to

(a)received for use..........................................................

(b)issued to electors.......................................................

(c)not used and returned................................................

9. Account of papers seals.

	SI. Nos.
	From To	Signature of polling agents.
1.	Serial Numbers 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......................
5.	Serial Number of damaged paper Seal if any	6......................

Date.........
Place..........	Signature of the Presiding OfficerPolling Station No. .....................

Part II – Result of Counting

S. No.	Name of Candidate[NOTA (none of the above)] [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).].	No. of votes recorded.
1.2.3.4.5.6.
Total

Whether the total numbers of votes shown above tallies with the total No. of votes shown against the item No. 5 of Part 1 or any discrepancy noticed between the two totals.

Place.........
Date..........	Signature of Counting Supervisor

Name of candidate/election agent/counting agent	Full Signature
1.2.3.4.5.6.7.8.

........................
........................	Signature of the Returning Officer

Form 15(See Rule 46)Application for Election Duty CertificateElection to the Municipal............... of........... Ward Number.............ToThe Returning Officer,Ward Number..............Sir,I intend to cast my vote in person at the ensuing election to the above ward. My name is entered at Serial Number.......... [in Part No........ of the electoral roll] [Substituted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.] for the above ward.I have been posted on election duty at polling station Number........ polling station Name............. of ward Number.......... [x x x] [Deleted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.]I request that an Election Duty Certificate in Form 16 may be issued to enable me to vote at the polling station where I will be on duty on the polling day. It may be sent to me at the following address :..................................................................Yours faithfully,Date...............[Form 15-A] [Added by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][See Rule 46A(4)]Application for postal ballot paperTo,The Returning Officer,Municipal Board/Council/Corporation...................................(Ward No..................)Sir,I intend to cast my vote by post at the ensuing election to the Municipal Board/Council/Corporation ............... from Ward No. ........My name is entered at Serial No. ............. in Part No........ of electoral roll for the above ward.I have been posted on election duty at Polling Station No. .......... Polling Station Name............. of Ward No.............in the above Municipal Board/Council/Corporation.I request that postal ballot paper may be given/sent to me personally/at the following address: -..............................................................

Place.........
Date..........	Yours faithfully,
	Signature..............................Name....................................

Form 16(See Rule 46)Election Duty CertificateElection to the Municipal........................Ward Number......................................CertifiedThat Shri/Shrimati.............................. is an elector in the Ward No................. [his name is entered at Sr. No................. in Part No................of the electoral roll] [Substituted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.].That by reason of his being on election duty he is unable to vote at the polling station where he is entitled to vote and that he is therefore hereby authorized to vote at.Polling Station Number..............................Polling Station Name............................Where he is to be on duty on the date of poll.

Date..............Place.............

Signature and Seal ofthe Returning Officer

[Form 16A] [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).][See Rule 46A(4)(a)]Declaration by ElectorElection on the Municipal *Board/Council/Corporation..............(From Ward No...........)I hereby declare that I am the voter to whom the postal ballot paper bearing serial Number........... has been issued at the above election to seat from Ward No. ...... of the above Municipal Board/Council/Corporation.

Date.........Address ...........

Signature of the voter

Attestation of signatureThe above has been signed in my presence by..........(voter) who is personally known to me/has been identified to my satisfaction by ......... (identifier) who is personally known to me.Signature of Attestation OfficerSignature of identifier, if any.....................Designation.......................Address....................... Date ..............Address...........................[Form 16B] [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).][See Rule 46-A(4)(b)][Cover A]

NOT TO BE OPENED BEFORE COUNTING ELECTION

to the seat from Ward No.........ofMunicipality...............

POSTAL BALLOT PAPERSerial Number of ballotpaper

[Form 16C] [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).][See Rule 46-A(4)(c)][Cover B]

Every officer under whose care or through whom apostal ballot paper is sent shall ensure its delivery to theaddressee without delay

ELECTION-IMMEDIATE

POSTAL BALLOT PAPER

For Ward No.......... *ofMunicipality .............

(NOT TO BE OPENED BEFORE COUNTING)

The Returning Officer** ...............................

Sender's Signature

*Returning Officer to insert here the name of the appropriate Ward No. and name of municipal body.**Returning Officer to mention here his full postal address.[Form 16D] [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).][See Rule 46A(4)(d)]Instructions for Guidance of Elections(To be used at an election to the seat from a ward of a municipality)Election to the Municipal **Board/Council/Corporation........... from Ward No.............The person whose names are printed on the postal ballot paper sent herewith. Record your vote by Placing clearly a mark opposite the name of the candidate to whom you wish to give your vote or NOTA (none of the above) if you wish to exercise the option of not voting for any of the candidate in the fray. The mark should 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 your vote, your vote will be invalid.The number of of members to be elected is one. Please remember that you have only one vote. Accordingly you should not vote for more then one candidate. If you do so, your ballot paper will be rejected.Do not put your signature or write any word or mark any mark, sign or writing whatsoever on the ballot paper other than the mark required to record your vote.After you have recorded your vote on the ballot paper, place the ballot paper in the smaller cover marked 'A' sent herewith, close the cover and secure it by seal or otherwise.You may then sign the declaration in Form 16A also sent herewith in the presence of any gazetted officer or by the Presiding Officer of the polling station in which you are on election duty and obtain the attestation of your signature by such officer.You may take the declaration to the aforesaid officer and sign it in his presence after he has satisfied himself about your identity. The officer will attest your signature and return the declaration to you. You must not show your postal ballot paper to the attesting officer nor tell him how you have voted.After Your declaration has been signed and your signature has been attested, place the declaration in Form 16A as also the smaller cover marked "A" containing the ballot paper in the larger cover marked "B". After closing the larger cover, send it to the returning officer by post or by messenger or personally. You have give full signature in the space provided on the cover marked "B".You must ensure that the cover reaches the Returning Officer before ........... on.............Please note that:-

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

(ii)if the cover reaches the returning officer after *...... on the *.................... your vote will not be counted.

*(Here specify the hour and date fixed for the commencement of counting of votes)**Score out the words not applicable.[Form 17] [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).][See Rule 49(1)]Ballot Paper AccountElection to the Municipal...................................................Ward Number.................................................................Polling Station Number...........................Polling Station Name.............................Part-1 {||-|| Serial Nos.| Total Nos.|-|| From| To|-| 1.| Ballot paper received.| ........................................................|-| 2.| Ballot paper unused (i.e. not issued to voters)-|-|| (a) With the signature of the Presiding Officer.|-|| (b) Without the Signature of the Presiding Officer.|-|| Total : (a+b)|-| 3.| Ballot paper used at the[Polling Station (1)-(2)-(3)] [Serial numbers need not be given.]|-| 4.| Ballot paper used at the polling station but not inserted into the ballot box.|-|| (a) Ballot papers cancelled for violation of votingprocedure.|-|| (b) Ballot papers cancelled for other reasons.|-|| (c) Ballot papers used as tendered ballot papers.|-|| (Total A+B+C)|-| 5.| Ballot papers to be found in the ballot box (3) - (4) = (5)|}

Date..........

Signature of the Presiding Officer

Part II – Result or initial counting

(To be used at the counting centre)

1. Total number of ballot papers should in the ballot box(es) used at the polling station.

2. Discrepancy, if any, between the total number as shown against item 1 in this part and the total number of ballot papers to be found in the ballot box(es) shown in Item 5 of part 1.

Date..........

Signature of the Counting Supervisor.

Signature of Returning Officer.Form 18[See Rule 49(2)]Election Duty Staff Ballot Paper AccountElection to the Municipal....................*Ward Number ................................(*Mention here here the ward number of the ward from which the election duty staff are entitled to vote and are voting)*Polling Station Number.............Polling Station Name.............(*mention here the particulars of the ward from where the election duty staff are actually voting).Ward Number..................

		Serial From	Nos. To	Total Nos.
1.	Ballot paper received	............	.............	.............
2.	Ballot papers used	............	.............	.............
3.	Ballot papers spoiled	............	.............	.............
4.	Ballot papers unused	............	.............	.............

Date..........

Signature of the Presiding Officer

Form 19[See Rule 58(3)]Appointment of Counting AgentElection to the Municipal..........................................Ward Number.............................................ToThe Returning Officer,Ward Number.........................................Sir,I..................... a candidate/the election agent of Shri/Shrimati.............. who is candidate at the above election, do hereby appoint the following persons as my counting agents to be present during the counting of votes :

Serial Number	Name of the counting agent	Address of the counting agent
1.2.3.etc.

Signature of candidate/election agent.We agree to act as such counting agents

Serial Number	Name of the counting agent	Address of the counting agent
1.2.3.etc.

Declaration of counting agents(To be signed before the Returning Officer)I/We hereby declare that at the above election I/We will maintain and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.

Serial Number	Name of the counting agent	Address of the counting agent
1.2.3.etc.

Date...../......../.....

Signed before meReturning Officer

Form 20[See Rule 58(5)]Revocation of Appointment of Counting AgentElection to the Municipal............of............Ward Number................ToThe Returning Officer,Ward Number.........................................Sir,I......................... a candidate/the election agent of Shri/ Shrimati.............. a candidate at the above election hereby revoke the appointment of Shri/Shrimati.............. as counting agent.

Date...../......../.......

Signature of the candidate/election agent

[Form 21] [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).][See Rule 66]Final Result SheetElection to the Municipal..............................Ward Number..............................

Serial Number	Name of the candidate	Party affiliation	Number of votes polled
1	2	3	4
1
2
3
4
5
6
…........
	NOTA (none of the above)

Total number of valid votes polled.	.................
Total of column no. 4 of above table.	.................
Total Number of valid vote for NOTA (none of the above).	.................
Total number of rejected votes.	.................
Total number of tendered votes.	.................

Returning Officer[Form 22 [Substituted by Notification No. F. 8(Ga) () Rules/DLB/ 14, dated 11.7.2014-Rajasthan Gazette Extraordinary part VI(A), dated 15.7.2014, pp. 21(1) to 21(3).]]Declaration of Result[See Rule 68](To be filled ward wise)Returns showing the result of election for seat of ward number ............. of Municipal Boards/Council/Corporation.

Serial Number	Name of the candidate	Party affiliation	Number of votes polled
1	2	3	4

Total votes...............................................................Total number of valid votes polled........................................Total of column no. 4 of above table .....................................Total Number of vote for NOTA (note of the above) ........................Total number of rejected votes............................................Total number of tendered votes............................................I declare that .....................................(name) of .................................. (address) has been duly elected to fill the seat of Ward No. ............. of Municipal Board/Council/COrporation.

Place.........
Date..........	Returning Officer

[Form 22-A] [Inserted by Notification No. F.8(GA)(9) Rules/LSG/95/Part 1½551, dated 27-7-1995, Published Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 7-8-1995, page 615.](See Rule 19)(For use in Election when seat is uncontested)Declaration of the result of Election under Rule 19 of Rajasthan Municipalities (Election) Rules, 1994.Election to the ward No..............of Municipal.............In pursuance of he provisions contained in Rule 19 of the Rajasthan Municipalities (Election) Rules, 1994 I declare that:-

.......................(Name)	Sponsored by...............
.......................(Address)	(Name of the Recognisedpolitical party)

has been duly elected to fill the seat in the above ward.

Place.........	Signature...........
Date..........	Returning Officer

Form 23[See Rule 71]Certificate of ElectionElection to the Municipal....... Ward Number........I, the Returning Officer for Ward Number......... for the Election to the Municipal........ of........ hereby certify that I have on the....... day of....... 19....... declared Shri/ Shrimati........... of......... sponsored by......... (Name of the recognised political party) to have been duly elected by the said ward in the election to be a Member and that in token thereof, I have granted to him this certificate of election

Date.........	Signature and Seal of
Place..........	the Returning Officer

Legal Document View

Unlock Advanced Research with PRISMAI

State of Rajasthan - Act