Section 59 in Rajasthan Panchayati Raj (Election) Rules, 1994
59. Election of Pradhan [x x x] [Deleted by notification No. 4(8) RDP/Law/95/610 dated 10.2.1995.].
(1)The Pradhan [x x x] [Deleted by notification No. 4(8) RDP/Law/95/610 dated 10.2.1995.] of a Panchayat Samiti shall be chosen by the elected members of the Panchayat Samiti from amongst themselves in the first meeting of the Panchayat Samiti fixed by the Collector.(2)That the meeting shall be held at the date and time fixed by the Collector at the head quarters of the Panchayat Samiti and shall be presided over by the Officer appointed by the Collector.(3)The notice convening the meeting, among other things, may specify the hour or hours during which nomination papers shall be received, scrutinized or may be withdrawn.[Provided that the Returning Officer may declare the poll as finally concluded earlier in case all the members holding office have voted.][Substituted by the Rajasthan Panchayati Raj (Election) (Amendment) Rules, 2009: Rajasthan Gazettte Extraordinary Part IV-C (1) dated 24.11.2009 with immediate effect.](4)If, after the time fixed for withdrawals of candidature, there remains only one candidate for the office of Pradhan [x x x] [Deleted by notification No. 4 (8)/RDP/Law/95/610 dated 10.2.1995.], the Officer appointed by the Collector shall forthwith declare him elected as Pradhan [x x x] [Deleted by notification No. 4 (8)/RDP/Law/95/610 dated 10.2.1995.] in [Form VII-A] [Substituted by notification No. F (4) RDP/L&J/95/364 dated 24.1.1995.].(5)If there is not validly nominated candidate, the proceedings for seeking nominations shall commence at a time for the purpose fixed by the Officer appointed by the Collector.(6)If the member of contesting candidates for the election of Pradhan [xxx] [Deleted by notification No. 4 (8)/RDP/Law/95/610 dated 10.2.1995.] is more than one, a poll shall be taken by secret ballot.(7)If poll is to be taken, the Officer appointed by the Collector shall assign symbol to each contesting candidate and the decision of the said Officer in the allotment of symbols shall be final.(7A)[ (a) The State Government shall by notification in the official gazette, specify the symbols that may be chosen by candidates at elections of Pradhan/Up-Pradhan of Panchayat Samiti and Pramukh/Up-Pramukh of Zila Parishad and the restriction to which their choice shall be subject to.(b)For the candidates set up by a party which is a recognised political party in the State under the Election Symbols (Reservation and Allotment) Order, 1968 symbols reserved for that party under the said order shall be allotted, provided that such a political party sets up only one candidate per office.Explanation.To be considered a candidate set up by a recognised political party, a candidate should produce a letter to that effect signed by the President of the State unit of that party or any person authorised by him in this behalf before the time and date fixed for withdrawal of nominations is over.(c)Where at any such election, more nomination papers than one are delivered by a candidate, the choice of symbols made in the nomination paper first delivered and no other choice of symbols, shall be taken into consideration even if that nomination paper has been rejected.(d)The candidate shall present his nomination paper in Form IV-B to the Presiding Officer and indicate his choice of symbol.(e)The Presiding Officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall;(i)allot a different symbol to each contesting candidate in conformity, as far as practicable with his choice; and(ii)if more contesting candidates than one have indicated their preference for the same symbol, decide by lot to which of such candidates the symbol will be allotted.(f)The allotment by the Presiding Officer of any symbol to a candidate shall be final.][Inserted by notification No. F (4) RDP/L&J/94/6035, dated 25.12.1994, new Sub-rule (7A) of Rule 59.](8)Immediately after allotment of symbols, the Officer appointed by the Collector shall announce the names of the contesting candidates on the basis of list of contesting candidates prepared by him in [Form V-A] [Substituted by Notification No. F. (4) RDP/L&J/95/364 dated 24.1.1995.] in Hindi Language written in Devnagri script and a copy of the said list of contesting candidates alongwith symbols shall be supplied to each candidate.(9)(a)The ballot paper for the election shall be in such form as the Commission may direct and the particulars therein shall be in Hindi written in Devnagri Script.(b)The names of candidates shall be typed or legibly written on ballot papers in the same order as they appear in the list of contesting candidates.(c)If two or more candidates bear the same name, they shall be distinguished by addition of their father's or husband's name, as the case may be, or in such other manner as the Officer appointed by the Collector may deem fit.(10)In the meeting when poll is taken votes shall be cast only by members present in the meeting by secret ballot, and no member shall be allowed to vote by post or proxy.(11)The Officer appointed by the Collector shall cause the place of polling, at the hour declared for polling, to be closed till the time fixed by him for completion of of,, aid snail not admit any elector therein after that time.(12)(a)The counting of votes shall commence immediately after the close of poll as far as possible.(b)Votes shall be counted under the supervision of the Officer appointed by the Collector in the meeting itself in the presence of candidates.(c)The Officer appointed by the Collector shall scrutinise the ballot papers and separate those which are invalid. Invalid votes shall be rejected and the ground of rejection shall be endorsed on the back portion of such ballot papers.(13)A ballot paper shall be invalid on the ground (i)that it bears any mark, or signature by which an elector can be identified; or(ii)that the mark is placed against more than one name; or(iii)that no mark is recorded on the face of the ballot or it is marked on the back of ballot paper or the mark is so placed that it could not be ascertained for whom the vote has been given or the mark is made by an instrument for whom the vote has been given or the mark is made by an instrument other than the one supplied for the purpose by the Officer appointed by the Collector; or(iv)that is spurious ballot paper.(14)[ In case of equality of votes, the result shall be declared by drawing of lot by the Officer conducting such elections.][Added by notification No. F 4(8) RDP/Law/95/610 dated 10.2.1995.]
