Section 4 in Haryana Municipal Corporation Election Rules, 1994
4. Preparation of ward wise roll.
(1)The Deputy Commissioner under the superintendence, direction and control of the State Election Commission, shall cause to distribute the electors of Legislative Assembly constituency or a part thereof of the existing electoral roll prepared by Election Commission of India under the provisions of the Representation of People Act, 1950 (Central Act 43 of I950), for the time being in force, which falls in the relevant ward of the Municipal Corporation, subject to any amendment, deletion or addition or any inclusion of any name by the Election Commission of India.(2)The electoral roll updated by the Election Commission of India up to the date of notification issued by the State Election Commission for the preparation of ward wise roll as per sub rule (1) above, shall be taken into account. The electors of Legislative Assembly constituency, so distributed ward wise shall be the electoral roll for that ward of the Municipal Corporation which shall be prepared in Hindi and in such other language or languages and in such form, as the State Election Commission may direct.(3)As soon as the ward wise roll of a Municipal Corporations ready, the deputy Commissioner shall publish it as draft together with a notice intimating the date by which objections or claims with regard to the ward wise roll may be presented to the Revising Authority specified therein. A copy of the ward wise roll of each ward of Corporation alongwith the notice shall be pasted at the office of the Deputy Commissioner, at the office of the Municipal Corporation and at such other conspicuous place(s) as the Deputy Commissioner may determine:Provided that a period of not less than five days shall be allowed for filing claims and objections.(4)(i)Every claim and objection regarding distribution of electors ward wise shall be addressed and presented to the Revising Authority in the prescribed Form A and B or may be sent by registered post to him.Provided that claims in Form-A shall be filed by those applicants, who intend to include their name, make correction in their entry or transposing of their name in another ward in the Electoral roll. Objections in Form-B shall be filed by those applicants who intend to object inclusion of name or seek deletion of a name from the electoral roll.Provided further that only those persons shall file their claim for inclusion of their name in the electoral roll of Municipal Corporation, whose name appear in the respective electoral roll of legislative assembly, but do not appear in the draft electoral rolls published under sub-rule (3) of this rule.(ii)The Revising Authority shall maintain a register of claims in Form 1-A and register of objections in Form 1-B, entering therein the particulars of every claim or objection, as the case may be, as and when it is received.(iii)Any claim or objection under clause (i) which is not lodged within the prescribed period, or in the form, or, if lodged, by a person not entitled to lodge the same, shall be rejected.(iv)If any claim or objection is presented by a person to the Revising Authority which is not authorized to receive it, such Revising Authority shall at once return it to the person presenting it for presentation to the appropriate Revising Authority.(v)Where a claim or objection is not disposed of under clauses (iii) or (iv) and the period prescribed for the presentation of claims and objections has expired, the Revising Authority shall forthwith post at his office a list of all claims and objections received together with notice showing the date on which and the place at which such claims and objections shall be heard. One copy of the objection shall be served upon the person regarding whom it is made.(vi)If on an application made to the Revising Authority in this behalf or on his own motion, he is satisfied that the draft electoral roll is at variance with the relevant part of the electoral roll of the Assembly on account of any mistake in the draft rolls, he shall amend the list so as to bring it in conformity with the said electoral roll and for that purpose he may amend, delete or add an entry in that roll.(vii)On the date and at the place fixed under sub clause (v), the Revising Authority shall hear and decide the claims and objections according to their merits after hearing the parties concerned of their authorized agents and, in the case of a claim any person who objects to the admission of such a claim and after considering such evidence as may be produced or may appear necessary to him, he shall-(a)reject any claim or objection which does not comply with any of the provisions of these rules or pass such orders, as he may deem fit;(b)dismiss any case in which the claimant or objector is not present or is not represented.(viii)Any person aggrieved by any such order of the Revising Authority, may file appeal within three days from the date of order to the Deputy Commissioner, who shall within three days either confirm such order, or set it aside or pass such other order with respect to the claim or objection as he may deem fit.(ix)As soon as the Revising Authority has disposed of all the claims and objections presented before him, he shall forward a list of such claims and objections alongwith his orders thereon to the Deputy Commissioner who shall cause the ward wise roll to be corrected, in accordance with the orders passed by the Revising Authority or by him in appeal under clause (viii), as the case may be. The rolls so amended shall be final and two copies thereof duly signed by the Deputy Commissioner and Revising Authority shall be kept in their offices and shall be published in the manner prescribed under sub rule (3) together with list of additions and corrections prepared in accordance with the said orders. Any ward wise roll corrected and published under the provisions of clause (ix) shall come into force from the date of such publication.]
