State of Andhra Pradesh - Act
Andhra Pradesh Municipal Councils/Nagar Panchayats (Direct Election of Chairperson) Rules, 1986
ANDHRA PRADESH
India
India
Andhra Pradesh Municipal Councils/Nagar Panchayats (Direct Election of Chairperson) Rules, 1986
Rule ANDHRA-PRADESH-MUNICIPAL-COUNCILS-NAGAR-PANCHAYATS-DIRECT-ELECTION-OF-CHAIRPERSON-RULES-1986 of 1986
- Published on 1 January 1986
- Commenced on 1 January 1986
- [This is the version of this document from 1 January 1986.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
These rules may be called the Andhra Pradesh Municipal Councils/Nagar Panchayats (Direct Election of Chairperson) Rules, 1986.2.
3.
In these rules, unless there is anything repugnant in the subject or context,--3A. Administrative machinery for the conduct of Elections.
- (i) (a) The conduct of Elections to all Municipalities/Nagar Panchayats in the State shall be under the superintendence, direction and control of the State Election Commission.4.
5.
The Election Officer shall prepare and publish a notice on the notice board of the Municipality/Nagar Panchayat and in one or more conspicuous places in each ward of the Municipality/Nagar Panchayat in English and in the main language of the District stating--6.
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9.
On the last day for the receipt of nomination papers and immediately after the hour for their receipt is passed, the Election Officer or other authorised person referred to in sub- rule (4) of the Rule 6 shall publish in the Municipal Office a list in Form II of all nominations received with a notice that the nomination papers will be taken up by the Election Officer for scrutiny at the Municipal Office or other specified place on the date and time specified under Rule 5.10.
11.
[xxxx].12.
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14.
After the list of contesting candidates is published under Rule 13, if there is only one contesting candidate the Election Officer shall declare the candidate as duly elected. If the number of contesting candidates is more than one, a poll be held. If there are no valid nominations to fill the seats, the Election Officer shall start proceedings afresh for filling the said vacancy in all respects as if for a new election.15.
If after the publication of list of contesting candidates] a poll has become necessary and before the poll is taken, a candidate who has been duly nominated dies, the Election Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and the election proceedings shall be started afresh in all respects as for a new elections:Provided that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the time of countermanding of the poll;Provided further that no person who had under sub-rule (1) of Rule 12 given notice of withdrawal of his candidature, before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.16.
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21.
Where any act or thing is required or authorised by or under these rules to be done in the presence of the polling or counting agent, the non-attendance, of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.22.
At an election in a ward where a poll is taken, any member of the Armed Forces of the Union or a member of the Armed Police Force of the State serving outside the State may give his vote by a postal ballot and such person shall not be entitled to give his vote in any other manner. The wife of any such person referred to above may give her vote by postal ballot at any election in such ward where a poll is taken.23.
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26.
A voter shall obtain attestation of his signature but not of his vote on the postal ballot paper by a Magistrate to whom the voter is personally known or to whose satisfaction the voter has been identified; or27.
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29.
The Election Officer shall keep in safe custody until the commencement of the counting of votes of all voters containing postal ballot papers received by him under Rule 25 or Rule 27.30.
31.
Each Polling Station and at a polling station having more than one polling booth, each such booth shall contain a separate compartment in which electors can record their votes screened from observation. As far as possible, separate compartments and separate entrances and exits shall, where action is not taken under Rule 32, be provided for women electors.32.
Notwithstanding anything herein before contained, the Election Officer may, at its discretion, if sufficient number of women suitable and willing to act as Polling Officer are available, provide a separate polling station for taking the votes of women electors for any polling area or make such other arrangements as may be necessary to ensure the privacy of such electors.33.
34.
The Election Officer shall provide at each Polling Station sufficient number of ballot-boxes together with copies of the electoral roll or such part thereof containing the names of the electors entitled to vote at the station and such other papers, and articles necessary for electors to mark the ballot papers, stationery and forms as may be necessary. He shall further display in bold and clear manner the name of each candidate, the serial number and the symbol assigned to him and the seal for which the election is held. The Election Officer should also display a notice specifying the Polling area the electors of which are entitled to vote at the polling station.35.
35A.
Immediately before the commencement of the Poll, the Presiding Officer shall also demonstrate to the polling agents and others present that the marked copy of the electoral roll to be used during the poll does not contain, any entry other than that made in pursuance of the Rules 22, 23, 24 and 48 and any mark other than the mark made in pursuance of the Rules 22, 23, 24 and 48.36.
The manner of voting shall be by way of marking system. Every ballot-paper shall be in Form XI which shall be in such colour as may be specified by the Election Authority.37.
Every ballot paper, before it is issued to an Election and counterfoil attached thereto, shall be stamped in the back with such distinguishing mark as the Election Authority may direct and every ballot paper before it is issued shall be signed in full on its back by the Presiding Officer.38.
39.
An elector shall be given only one ballot paper.40.
Immediately before any ballot paper is delivered to an elector--41.
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43.
Special facilities in accordance with the instructions if any issued by the election authority in that behalf may be accorded to women electors.44.
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If there is an equality of votes between any two or more candidates, the Election Officer, shall, after notice to the candidates concerned, decide by drawing of lots which candidate or candidates shall be declared to have been elected. The Election Officer shall permit the contesting to have been elected. The Election Officer shall permit the contesting candidates if so desired, to sign on the chits before drawing lots.60.
61.
The date on which a candidate is declared by the Election Officer under these rules to have been elected as Chairperson of a Municipal Council/Nagar Panchayat shall be the date of election of the Chairperson irrespective of the date of publication of the result in the Gazette.62.
63.
Notwithstanding anything contained in the foregoing rules, the *[State Election Commission] or the Election Authority may, for special reasons empower the Election Officer to fix dates and periods other than those specified by or under these rules, for all or any of the stages of the election proceedings connected therewith.64.
Notwithstanding anything contained in these rules prescribing the period for various stages of election, if due to any unexpected cause any holiday is declared, the next working day shall be deemed to have been fixed for that purpose and the subsequent period will be reduced to that extent.65. Maximum election expenses.
1. Full Name of the Candidate :
2. Number of candidate in the electoral poll :
3. Father's or Husband's name :
4. Percentage :
5. Sex :
6. Occupation and address :
7. Community : OC/SC/ST/BC :
8. Full name of the proposer :
9. No. of the proposer in the electoral roll :
10. Signature of the proposer :
(to be filled by the candidate)I declare that I am willing to stand for election as Chairperson of ............................... Municipality/Nagar Panchayat on the symbol of ......................... party/free symbol allotted by the Election Officer as per the directions of the State Election Commission.I further declare that the code of conduct prescribed by the State Election Commission has been read by me/read over to be and I will abide by the conditions stipulated therein.Date :Signature of Candidate.(to be filled by the Election Officer)Serial No. of the Nomination paper:This nomination paper was delivered to me at my office at ...... (hours) on ........... (date) by the candidate/proposer.Election Officer or Authorised person.Decision of Election Officer Accepting or Rejecting the Nomination PaperI have examined this nomination paper in accordance with Rule 10 of the Andhra Pradesh Municipalities (Conduct of Election of Chairman under Section 23) Rules, 1986 and decided as follows :-Date:Election Officer.Receipt for nomination paper and notice of scrutiny.(To be handed over to the person presenting the nomination paper)Serial number of nomination paper ....................The nomination paper of .................. candidate for election as Chairman, Municipal Council ................ was delivered to me at my office ............... (hours) on nomination papers will be taken up for scrutiny at ............................... (hours) on ................. (date) .....................Place :Date:Election Officer or Authorised person.Appendix 2List of Nominations received on .......for election as Chairman, Municipal councilForm - II[See rule 9]List of Nominations received on .......... for election as Chairman, Municipal council1. Serial Number :
2. Name of candidate :
3. Father's or Husband's Name :
4. Sex :
5. Occupation and address :
6. Name of the proposer :
Note :- The nomination paper will be taken up for scrutiny at ....................... A.M./P.M. on the ............... day of .................. at ............. (Place)Election Officer or other Authorised personAppendix 2A[Form II-A[See Rule 10(4)]List of validly nominated candidatesElection to the office of the Chairperson ................... Municipality/Nagar panchayat| Sl.No. | Name of the Candidate | Name of Father/Mother/Husband | Address of Candidate | Party Affiliation |
| (1) | (2) | (3) | (4) | (5) |
| Name of validly | Nominated candidate | Address of validly | Nominated candidate | Remarks |
| 1. | ||||
| 2. | ||||
| 3. | ||||
| 4. | ||||
| 5. | ||||
| 6. | ||||
| 7. | ||||
| 8. |
| Sl.No. | Name of the Candidate | Sex of Candidate | Address of Candidate | Distinctive symbols assigned to candidate |
| (1) | (2) | (3) | (4) | (5) |
1. Not more than one vote may be given to a candidate
2. The ballot paper printed on coloured paper with their names and symbols indicate that they are intended to be used for voting in the election of Chairman, Municipal Council.
3. vote shall be recorded by placing a mark on the ballot paper opposite the name of the candidate for whom the votes wishes to vote (please also see further in the accompanying letter).
4. A voter shall obtain the attestation of his signature on the back of this form by a Magistrate to whom the voter is personally known or to whose satisfaction the voter is personally known or to whose satisfaction the voter has been identified; or
5. The attesting Officer shall attest the signature of the vote but not his vote which should not be recorded in the presence of the attesting Officer.
(Form on the Back of Ballot Paper)Serial Number of ballot paper .............I hereby declare that I am the person whose name appears as voter No. ............ on the electoral roll for ................ ward and that I have not voted in this ward in any other manner and that at this ordinary/casual election I have not voted in any other ward.Date :...........Signature of the voter.Signed in my presence by ..................... who is personally known to me (or who has been identified to my satisfaction).Name ........................Address .....................Date :.......................Signature of Attesting Officer. Address : .................................Date : ..................................Appendix 9Form - IX[See Rule 24(2)(a)]Form of CoverElection of Chairman, Municipal Council ................ToThe Election Officer,Address : ..................No. : ...................Appendix 10Form - X[See Rule 24(2)(c)]Form of Letter of IntimationElection to the ............... Council of ......... 198Dear Sir/Madam,1. The persons whose names are printed on the ballot paper sent herewith are the contesting candidates for election of Chairman, Municipal Council ........................ should you desire to vote at this election. I have to request that--
2. covers returned by the post on which the postage has not been prepaid will not be received by me.
3. The officers who are empowered to attest ballot papers have been specified in the instructions sent along with the ballot paper.
4. Rule 27 of the Andhra Pradesh Municipalities (Direct Election of Chairman under Section 23) Rules, 1986 provides that if a voter is illiterate or unable due to physical incapacity to record his vote and sign the declaration on the back of the ballot paper he may make his declaration and record his vote by the hand of an Officer referred to in paragraph 3 above who is empowered to attest his signature and such voter may for this purpose deliver his ballot paper together with the envelope and the cover sent with this letter to such officer and request him to sign the declaration on the back of the ballot paper and to mark the ballot paper for such voter. The said rule further provides that such officer.
5. Sub-rule (2) of Rule 54 of the aforesaid rules provides as follows:
A postal ballot paper which is not duly marked or on which, (a) more than one mark is placed against any candidate's name, or (b) votes are given to more candidate than one candidates to be elected, or (c) a mark is placed in such a manner as to make it doubtful to which candidate it has been given-or (d) the signature of the voter is not duly attested, shall be invalid.6. Your number on the elected roll for ........................ ward is ................. you should insert this number in the declaration the back of the ballot paper.
Yours faithfully, Election Officer.Address : ..........................................................Date : ...........................Appendix 11Form - XI[See Rule 36 (1)]E.R. Part No. ...............................................S.No. of Elector ..........................................No. .................................................................Signature or thumb impression of the Elector .....................................................................| Sl.No. | Name of the Candidate | Symbol |
| (1) | (2) | (3) |
1. I have not acted as companion of any other elector at any polling Station/Booth today the ............................................................ and .......................................................
2. I will keep secret the vote recorded by me on behalf of .........................................
Signature of the CompanionFull name to be given, name and electoral number of elector to be given.Appendix 11BForm - XI-B[See Rule 42 (2)]List of blind and inform voters| Part No. & Sl.No. of Elector | Full name of the elector | Full name of the companion | Address of companion | Signature of leftthumb impression or companion |
| (1) | (2) | (3) | (4) | (5) |
| Part No. Sl.No. and name of the Elector | Address of elector | Sl.No. of tendered ballot paper | Sl. No. of the ballot paper issued to theperson who has already voted | Signature or thumb impression of per-sontendering Vote |
| (1) | (2) | (3) | (4) | (5) |
| Sl. No. of entry | Name of the elector | Part of roll | Elector's name in that part | Signature of thumb impression of personchallenged |
| (1) | (2) | (3) | (4) | (5) |
| Sl.No. | Particulars | Number | Remarks |
| (1) | (2) | (3) | (4) |
| 1. | Ballot papers received | ||
| 2. | Ballot papers issued to voters | ||
| 3. | Ballot papers in packets (Rule 48) | ||
| 4. | Tendered Ballot papers (Rule 45) | ||
| 5. | Number unused | ||
| 6. | Number spoilt | ||
| 7. | Ballot papers dealt with under Rule 48includedunder Col. (3) | ||
| 8. | Ballot papers cancelled |
| Sl.No. | Name of the Candidate | No. of valid votes cast |
| 1. | ||
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| 3. | ||
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