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[Cites 0, Cited by 0] [Section 8] [Entire Act]

State of Haryana - Subsection

Section 8(4) in Haryana Panchayati Raj Election Rules, 1994

(4)
(i)Every claim and objection regarding distribution of voters ward wise shall be addressed and presented to the District Electoral Officer in the prescribed Form 1A or 1B and may be sent by registered post:
Provided that claims in Form 1A may be filed by the applicant, who intends to include his name, make correction in its entry or transposing of his name in another ward in the list of voters. Objections in Form 1B may be filed by the applicant who intends to object inclusion of name or seek deletion of a name from the list of voters:Provided further that only that person can file claim for inclusion of name in the list of voters of Gram Panchayat, Panchayat Samiti and Zila Parishad, whose name appear in the respective electoral roll of legislative assembly, but do not appear in the draft list of voters published under sub- rule (3) of this rule.
(ii)The District Electoral Officer shall maintain a register of claims in Form 1E and register of objections in form 1F, entering therein the particulars of every claim or objection, as the case may be, as and when it is received.
(iii)Any claim or objection under sub-rule (4) (i), which is not filed within the prescribed period or, if filed, by a person not entitled to file the same, shall be rejected.
(iv)If any claim or objection is presented by a person to the District Electoral Officer who is not authorized to receive it, such District Electoral Officer shall at once return it to the person presenting it for presentation to the appropriate District Electoral Officer.
(v)Where a claim or objection is not disposed off under sub-rule (4) (iii) or (iv) and the period prescribed for the presentation of claims and objections has expired, the District Electoral Officer shall forthwith post at his office a list of all claims and objections received together with notice showing the date on which and the place at which such claims and objections shall be heard and a copy of the objection shall be served upon the person regarding whom it is made.
(vi)The District Electoral Officer may, on an application received in this regard or on his own motion, if satisfied that the draft list of voters is at variance with the relevant part of the electoral roll of the Assembly on account of any mistake in the draft list, he shall amend the list so as to bring it in conformity with the said electoral roll and for that purpose may amend, delete or add an entry in that list.
(vii)On the date and at the place fixed under sub rule (v) above, the District Electoral Officer shall give hearing to the concerned persons and decide the claims and objections within three days from the date of receipt, after hearing the parties concerned or their authorized agents and, in case any person objects to the admission of such a claim, after considering such a claim and considering such evidence, as may be produced or may appear necessary to him, he shall -
(a)reject any claim or objection which does not comply with any of the provisions of these rules or pass such orders as he may deem fit;
(b)dismiss any case in which the claimant or objector is not present or is not represented.
(viii)Any person aggrieved by any such order of the District Electoral Officer, may file appeal within three days from the date of order to the District Election Officer (P), who shall within three days either confirm such order, or set aside or pass such other order with respect to the claim or objection, as he may deem fit. The order of the District Electoral Officer subject to the decision of the District Election Officer (P) in an appeal shall be final.
(ix)As soon as the District Electoral Officer has disposed off all the claims and objections presented before him, he shall forward a list of such claims and objections along with his orders thereon to the District Election Officer (P) who shall cause the ward wise list of voters to be corrected, in accordance with the orders passed by the District Electoral Officer or by him in an appeal under sub-rule (4) (vii) and sub rule (4) (viii), as the case may be. The list of voters so amended shall be final and two copies thereof duly signed by the District Electoral Officer and District Election Officer (Panchayat) shall be kept in their offices and shall be published in the manner prescribed under sub-rule (3) together with list of additions and corrections prepared in accordance with the said orders.
Any ward wise list of voters corrected and published under the provisions of sub-rule (4) (ix) shall come into force from the date of such publication.]