Section 46 in Assam Panchayat (Constitution) Rules, 1995
46. Election of Vice-President of Gaon Panchayat.
(1)The Deputy Commissioner or the Sub-Divisional Officer as the case may be, shall call the first meeting of a Gaon Panchayat under sub-section (3) of Section 6 of the Act, by fixing a date and by causing a written notice specifying the date, time and place of the meeting, to be served on each elected member and the President of the Gaon Panchayat concerned at least seven days before the date so fixed. Such meeting shall be preside over by an Officer authorised by the Deputy Commissioner or the Sub-Divisional Officer as the case may be and such Officer shall not be entitled to vote.(2)The Officer authorised in sub-rule (1) shall administer the oath of affirmation to the President of the Gaon Panchayat as under Section 134 of the Act:Provided that the President after taking his Oath of affirmation, shall also administer the Oath to the member of the Gaon Panchayat concerned, as under Section 134 of the Act.(3)If one third or more of the total number of members called to the meeting under sub-rule (1) are not present within an hour of the time fixed for the meeting, the Deputy Commissioner or the Sub-Divisional Officer as the case may be, or the Officer empowered in this behalf, shall adjourn the meeting pending fixation of another date by the Deputy Commissioner or the Sub-Divisional Officer as the case may be, not later than fifteen days of such meeting.(4)The Officer authorised in sub-rule (1) on completion of the business of oath taking, shall call upon the members present to propose and second name of persons from amongst the members of the Gaon Panchayat present for election of a Vice-President of the Gaon Panchayat as under sub-section (3) of Section 6 of the Act.(5)if only one candidate has been proposed and seconded, the Officer- authorised under sub-rule (1), shall thereupon declare him to be duly elected as Vice-President of the Gaon Panchayat.(6)If, more than one candidates have been proposed and seconded and have agreed to stand for election, the Officer authorised under sub-rule (1), shall conduct the election in the following manner(i)the Officer as under sub-rule (1), shall cause to prepare as many ballot papers as there are members present, in the FORM IV in the language of the region and whereupon the names of candidates shall be written line wise in the order in which the proposals were made;(ii)the officer authorised under sub-rule (1), shall allow the members present to inspect the ballot box to be used for the purpose and thereafter secure and seal such ballot box and place it in front of him. He shall provide a compartment screened from observation by any other person in which the member can mark the ballot paper;(iii)the officer authorised under sub-rule (1), shall thereafter handover one such ballot paper after putting his signature on the back of each ballot paper. Then he will instruct the members to enter the screened compartment one by one, put a cross mark against the name of the candidate of his choice in the ballot paper supplied and fold in and then insert it into the ballot box kept in front of him; and(iv)if, a member is unable to written or physically incapacitated from voting, the Officer authorised under sub-rule (1), shall at the request of the member take him to the screened compartment, ascertain his choice and accordingly mark the ballot paper and fold it and then insert it into the ballot box. The Officer shall cause such arrangement to be made as will ensure secrecy of the ballot paper.(7)Immediately after the voting is over, the officer authorised under sub-rule (1), shall open the ballot box, take out the ballot papers there from count them and record the number thereof in a. statement. A ballot paper shall be invalid; if-(a)it bears the signature of the voter or contain any word or visible representation by which he can be identified; or(b)the cross mark is placed against more than one name; or(c ) the cross mark is so placed thereon as to make it doubtful for which candidate the vote was intended to be given; or(d)no cross mark is placed thereon; or(e)it does not bear the signature of the Officer "authorised under sub-rule (1), as prescribed under clause (iii) or sub-rule (6).(8)After completion of counting and recording of votes received by each candidate, the Officer authorised under sub-rule (1), shall declare the candidate who has secured the highest number of votes to be duly elected Vice-President of the Gaon Panchayat. In case of equality of votes between two or more candidates, declaration of election shall be given by the said Officer in the manner prescribed under Rule 45 of these rules.(9)Declaration as to the election of the Vice-President of the Gaon Panchayat under sub-rule (8) by the Officer authorised, shall be final.
