Section 108ZN in Jammu and Kashmir Panchayati Raj Rules, 1996
108ZN. Meeting for Election.
(1)After the declaration of result of the elected members of the District Development Council, the Deputy Commissioner concerned shall fix a date of meeting for the purpose of oath or the affirmation of allegiance under his presidentship (hereinafter referred to as the Presiding Officer) as soon as possible but, not later than one week of such declaration.(2)As soon as possible but not later than twenty days after oath or affirmation of allegiance under sub-rule (1) is administered or made, the Deputy Commissioner concerned shall call under his presidentship a meeting of all elected members to elect one of its members to be the Chairperson and another member to be the Vice-Chairperson of the District Development Council :Provided that the Deputy Commissioner shall hold such elections under the overall supervision, direction and control of the Election Authority :Provided further that the Government may, by general or special order, allow holding of meeting for the election of Chairperson and Vice-Chairperson under this sub-rule after the period prescribed under this sub-rule but not later than one month from declaration of result of election of the elected members of the District Development Council under the following circumstances : -(i)if it is not possible to convene meeting within the period prescribed under this sub-rule due to natural calamities; and(ii)if it is not possible or desirable to hold meeting within the period prescribed under this sub-rule due to severe law and order problem;(3)As soon as possible but not later than twenty days after the declaration of occurrence of the casual vacancy in the office of the Chairperson or the Vice-Chairperson or both, as the case may be, the Deputy Commissioner concerned or any other officer shall call under his presidentship a meeting of all elected members to elect the Chairperson or the Vice-Chairperson or both, as the case may be :Provided that if, owing to a natural calamity of great severity or a grave situation of law and order or a war or aggression by another country against India affecting the relevant area in Union territory of Jammu and Kashmir or any other cause beyond human control, it is not possible to hold such meeting within twenty days, the Government may allow such meeting to be held after twenty days, but not later than three months after the occurrence of the vacancy in question.(4)The Deputy Commissioner shall issue a notice for the purpose of holding of meeting under this rule to all the elected members in a prescribed form.(5)A copy of such notice shall be exhibited on the notice board of the District Development Council office and office of the Deputy Commissioner.(6)No quorum shall be required for the meeting for the purpose of oath or affirmation of allegiance under sub-rule (1). Quorum for the meeting for the purpose of election of Chairperson or Vice-Chairperson or both, as the case may be, shall be two-third of the total of the elected members. If within two hours after the time appointed for the meeting, the quorum is not present, the meeting shall be adjourned. In the event of adjourned of the first meeting for want of quorum, the second meeting shall be convened within ten days from the date of first meeting and if the second meeting is also adjourned for want of quorum, the subsequent meetings shall be convened within ten days from the date of the last adjourned meeting. Action shall be taken against those members who will not attend subsequent meetings for which specific mention shall be made in the notices of such meetings. Quorum for the second and subsequent meetings shall be the simple majority of the total elected members.(7)The notice shall be dispatched at least five days before the date of meeting at their permanent address and shall contain the date, time, place and purpose of the meeting.(8)Every candidate for the Chairperson and Vice-Chairperson, as the case may be, shall be nominated in prescribed form signed by two of the elected members, one as a proposer and another as a seconder. No member shall be allowed to propose or second more than one candidate. The nomination papers shall be delivered to the Presiding Officer within hour after the completion of quorum. Any nomination paper subscribed and delivered in contravention of these rules shall be invalid and declared as such by the Presiding Officer.(9)Scrutiny of nomination papers shall be taken up by the Presiding Officer after the expiry of one hour allotted for the delivery of nomination papers in the presence of members. An objection to any nomination shall be recorded by the Presiding Officer who after proper consideration shall accept or reject such nomination. In case of rejection of any objection he shall record the reasons for rejection in brief.(10)The Presiding Officer of the meeting shall read out in the meeting : -(a)the names of the candidates whose nomination papers have been declared invalid and the reasons thereof; and(b)the names or the candidates duly nominated.(11)If there is only one candidate for election, he shall be declared to have been duly elected.(12)If the number of candidates is more than one, the election shall be held by secret ballot.(13)The Presiding Officer shall assign serial number to each candidate with reference to their names written alphabetically and then announce to the members serial numbers assigned to each candidate.(14)The Presiding Officer shall cause the ballot paper to be prepared in the prescribed form.(15)The ballot papers shall be signed by the Presiding Officer and one paper each shall be handed over to each elected member for each election who shall mark the ballot paper by putting the seal provided for the purpose against the candidate for whom he wishes to vote. If a member is unable due to illiteracy, blindness or other physical infirmity to record his vote, the Presiding Officer of the meeting shall record the vote on ballot paper in accordance with the wishes of such member. The ballot paper shall not be signed by the member nor be marked in any other way that could reveal his identity. If the paper is so signed or marked or mutilated, the vote shall be void.(16)The ballot paper shall be inserted in the box provided for the purpose.(17)(i)Immediately after the voting is over, the Presiding Officer shall in the presence of the members present, open the box containing the ballot papers, count them and record the number thereof in a statement.(ii)A ballot paper shall be invalid : -(a)if it bears the signature of the member or contains word, or any visible representation by which he can be identified; or(b)if marks are placed thereon against more than one candidate; or(c)if the mark is so placed thereon as to make it doubtful for which one or two or more candidates the vote was intended to be given; or(d)if no mark is placed thereon; or(e)if it does not bear the signature of the Presiding Officer.(18)At the end of the poll the Presiding Officer shall declare the candidate who secures the largest number of votes to be duly elected.(19)In case of equality of votes, the election shall be decided by a lot to be drawn by the Presiding Officer.(20)The Presiding Officer of the meeting shall keep order in the meeting and see that the election is fairly conducted.(21)Immediately after the conclusion of the meeting, the Presiding Officer shall : -(a)prepare a record of the proceedings of the meeting and sign it and any member in the meeting shall be permitted to fix his signature on such record, if he so desires; and(b)publish on the notice board of office of District Development Council and office of Deputy Commissioner a notice in prescribed form signed by him as a prescribed authority stating the names of persons elected and send a copy of such notice to the Election Authority.(22)(a)The Presiding Officer shall make up into separate packets the counted and rejected ballot papers relating to each election, seal such packets and note thereon a description of its contents, the election to which it relates and the date thereof. The packets so sealed shall not be opened and their contents shall not be inspected or produced except under the orders of the competent court.(b)The packets shall remain in safe custody of the Election Authority for one year and shall thereafter be destroyed unless otherwise directed by a competent court or pending legal proceedings.
