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State of Odisha - Section

Section 39 in Orissa Pani Panchayat Rules, 2003

39. Election of the members of the Chak Committee.

(1)The Election Authority shall publish, on the date of issue of notice for election, the electoral roll of the Chak in three parts i.e., upper reach, middle reach and lower reach consisting of all the land holders who have become members of the Pani Panchayat [* * *] [Deleted vide Notification No. 16471, dated 20.5.2006 O.G.E. No. 707 dated 27.5.2006.].
(2)The Election Authority or his nominee shall publish/cause to be published by giving 15 days notice for election of the members of the Chak Committee and the members to be elected to the Executive Committee of the Pani Panchayat. The notice for the election shall be published in the notice board of the Pani Panchayat and in a conspicuous place of the Chak area. The Election Authority shall also announce the election schedule by beat of drum in the Pani Panchayat area.
(3)Nomination can be presented to the Election Officer at the appointed date, time and place, specified in the notice, by the candidate:Provided that any landowner or his/her nominee who is otherwise not disqualified as per Section 14 of the Act and subject to the provisions of Sub-section (1) of Section 4 of the Act can file nomination for becoming a member of the Chak Committee in respect of the reach in which his/her lands are situated :Provided further that no election shall be held for a reach in case of one candidate :
(4)In case of contest, the Election Officer, shall immediately after scrutinizing the nomination papers read out the names of the candidate whose nominations are found valid and prepare a list of validly candidates on a plain paper in Oriya.
(5)A validly nominated candidate contesting for the member of the Chak Committee may withdraw his/her candidature by presenting a written application in plain paper to the Election Officer on the spot before the appointed hour. After withdrawal of the candidature, the Election Officer shall prepare a final list of candidates on the spot election :
(6)The names of the valid candidates after withdrawal shall be legibly written on the ballot paper in Oriya in the following format:
Sl.No. Name of the candidate with name of father orhusband Symbol
1.2.3.    
(7)Every member present and wishing to vote shall be supplied with a ballot paper duly authenticated by the Election Officer. The voters shall proceed one after another to the place set apart for the voting and put a rubber stamp bearing arrow cross mark on the symbol of the candidate for whom he or she wishes to vote and then fold and insert the ballot paper in the ballot box placed in full view of the Election Officer.
(8)The polling may take place during such hour as may be fixed by the Election Officer.
(9)After voting is over after the appointed hour, the Election Officer shall take steps to count the votes on the spot in presence of the available voters. After the counting is over, the Election Officer shall record the number of votes secured by each candidate in a plain paper. The Election Officer shall then declare the name of the winning candidate who obtains the highest number of valid votes. After election of the three members of the Chak Committee from the three reaches, the Election Officer shall follow the above procedure to directly elect one of the three elected members to be a member of the Executive Committee of Pani Panchayat either on the same day or on the following day.
(10)In case of Lift Irrigation Points, the Executive Engineer of Orissa Lift Irrigation Corporation, who is the Election Authority, shall follow the above procedure to elect at least 10 per cent of the members of the General Body subject to minimum of four and maximum of ten members to become members of the Executive Committee of Pani Panchayat of the said point.Note - In the event of equality of votes between two or more candidates, the Election Officer shall draw a lot in presence of the candidates. The candidate whose name is first drawn shall be declared as duly elected.