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State of Jharkhand - Section

Section 5 in The Jharkhand Agricultural Produce Markets Rules, 2000

5. Voters' list.

- [(i) The Election Officer shall cause to be prepared separate list of voters qualified to vote for each of the agriculturist constituency, traders constituency, Co-operative Societies constituency and local authorities constituency referred to in sub-Section (i) of Section 9 annually in the following manners:-
(i)The Circle Officer shall divide the voter lists in different convenient parts which shall be numbered consecutively.
(ii)He shall publish the list or convenient part of the list by making a copy thereof available for inspection by displaying it on the notice board in his office, in the office of the concerned Market Committee and in the office of the concerned Circle Inspector and Halka Karmachari in the first week of January
(iii)A notice inviting claim for inclusion of the name in the voter list or any objections regarding any entry shall be displayed on the notice board of all these offices whose voter list has been displayed under sub-rule 5(i), (ii) of the Rules.
(iv)Every claim for the inclusion of the name in the voters list and every elections to an entry therein shall be lodged within a period of 15 days from the publication of the notice.
(v)Every claim shall be signed by the person desiring his name to be included in the voters list and countersigned by another whose name is already included in that part of the voters list in which claimant is desiring to be included.
(vi)Every objection to the inclusion of the name in the voters list shall be preferred only by a person whose name is already included in the voters list and countersigned by another person whose name is included in that part of the voter list in which the objected name exists.
(vii)Every objection to a particular or particulars in an entry in the voters list shall be preferred only by the person whom that entry relates.
(viii)Every claim or objection shall either be presented to the Election Officer or Circle Officer or concerned Market Secretary or Circle Inspector or Halka Karmachari within a period of 15 days after the period specified in rule (iv).
(ix)On receipt of any claim or objection in the office of the Election Officer/Circle Officer/Circle Inspector/Market Secretary concerned and Halka Karmachari shall be obtained within a period of 15 days from the last date fixed in sub-rule (iii).
(x)The Halka Karmachari on receipt of any claim or objection in this office shall forward therewith his report within a period of 7 days from the last date fixed in sub-rule (ix) for receipt of report of Halka Karmachari.
(xi)The Halka Karmachari shall submit his report after satisfying the conditions laid down sub-rule (iv).
(xii)The Election Officer after satisfying himself regarding the validity of any claim or objection shall allow it or reject it without further enquiry after the expiry of one week from the date fixed in sub-rule (xi) for receipt of report of Halka Karmachari.
(xiii)A revised list of the voters shall be prepared within a period of 15 days by the Election Officer on the basis of report received from Halka Karmachari.
The Election officer shall for this purpose call upon the following authorities to prepare and furnish him the name with particulars at all persons qualified to vote-
(a)Regarding voters of Agriculturist constituency, the Circle Officer of the market area.]
(ii)Every list of voters prepared under sub-rule (i) shall show the full name, residence and serial number of the voter in alphabetical order. The voters' list of agriculturists' constituency shall be prepared in Form IA, traders' constituency in Form IB, co-operative societies' constituency in Form IC and local authorities' constituency in Form ID. The voters' list of agriculturist's constituency shall show the castes of Scheduled Castes and Scheduled Tribes.
(iii)Every such list shall be published in Hindi provisionally for general information by making a copy thereof available for inspection and displaying at the offices of the Election Officer, Circle Officer and Market Committee, or in such manner as the Election Officer may deem fit and shall also cause a notice to be published in this regard in a daily newspaper circulating in the market area.
(iv)When publishing the list provisionally, the Election Officer shall fix a date not later than 30 days from the date of publication of the list before which any application for inclusion, or correction of any entry shall reach him. The Election Officer shall, after giving the objector a reasonable opportunity of being heard, decide any application or objection received before the date so fixed and the decision of the Election Officer shall be final. Every such objection or claim shall be made in writing and shall specify the ground on which the right of any person to be entered in the list is asserted or denied, the evidence which the claimant or the objector intends to lead, the address of the claimant or the objector, his number, if any, in the voters' list and in case of an objection, the number in the list of voters, the person to whose entry the objection is taken and the constituency in the voters' list for which he is entered. Every claim or objection shall be delivered or sent by post, so as to reach the office of the Election Officer before the date fixed by him in this behalf, being date not later than 30 days from the date of the provisional publication of the list.
(v)The Election Officer shall cause the list to be amended in accordance with the orders passed under sub-rule (iv) and shall cause them to be published finally in the manner under sub-rule (iii).
(vi)Any person whose name is not included in the final voters' list of a constituency may apply to the Election Officer for inclusion of his name in the list and the Election Officer after being satisfied that the applicant is entitled to be included in the list, direct his name to be included therein:
Provided that if the applicant's name is included in the voters' list of any other constituency, the Election Officer shall strike off the applicant's name from the list and include his name in voters' list of that constituency when he is entitled to vote ;Provided further that no amendment, transposition or deletion of any entry shall be made after the last day for making nomination for an election in the constituency.
(vii)Copies of such final list shall be made available for inspection and sale in whole or in part in the office of the Election Officer or the Market Committee or at such other place as the Election Officer may specify.
(viii)The final list published under sub-rule (v) shall remain in force and continue in operation as the list of voters for the purpose of any bye-election. If the voters' list is not revised as required under sub-rule (i) of rule 5, the validity or continued operation of the said voters' list shall not thereby be affected.