State of Madhya Pradesh - Act
The M.P. Panchayat Nirvachan Niyam, 1995
MADHYA PRADESH
India
India
The M.P. Panchayat Nirvachan Niyam, 1995
Rule THE-M-P-PANCHAYAT-NIRVACHAN-NIYAM-1995 of 1995
- Published on 23 December 1995
- Commenced on 23 December 1995
- [This is the version of this document from 23 December 1995.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter 1
Preliminary
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires,-Chapter II
Formation of Wards and Constituencies and Reservation
3. Matters to be taken into consideration in formation of wards.
- [(1) A "Village" shall be divided into wards in accordance with the provisions of Section 12 of the Act, on the following events,-(a)During the first election; or(b)in case limits of "Village" is altered by including therein any local area in the vicinity thereof or excluding therefrom any local area comprised therein; or(c)At the interval of every ten years, if the ratio between the population of Gram Panchayat area and number of wards is distorted in such a manner that it is not practicable to be the same as it is throughout the block],4. Powers of Collector to determine reserved seats for wards.
5. Matters to be taken into consideration in formation of constituencies of Janpad Panchayat and Zila Panchayat.
- [(1) A 'Block' and a 'District' shall be divided into constituencies in accordance with the provision of Section 23 and Section 30 respectively, on the following events,-(a)During the first election; or(b)In case limits of 'Block' or 'District' as the case may be, altered by including therein any local area in the vicinity thereof or by excluding therefrom any local area comprised therein; or(c)If ratio between the population of each constituency and the number of seats allotted to it, is practicable not to be throughout the Panchayat area.]6. Reservation of Constituencies.
Chapter III
Reservation of [Post] [Substituted by Notification No. F-1-40-95-XXII-P-2, dated 12-4-1999.] for Sarpanch
7. Determination of reserved seats for Sarpanch.
8. Assistance in the matter of reservation.
- The State Government, Director of Panchayat and Social Welfare, Collector and the prescribed authority may take necessary assistance from their Subordinate Officers in the matter of formation of wards, reservation and allotment of seals.Chapter IV
List of Voters
9. Preparation of voters' list.
10. [ Publication of voters' list for inviting claims and objections. [Substituted by Notification No. F-1-40-95-XXII-P-2, dated 17-2-1999.]
11. Claims and Objections.
12. Disposal of claims and objections.
13. Inspection and issue of certified copies.
14. Duration of voters' list and its revision.
15. [ Finalization of voters' list. [Substituted by Notification B-1-40-95-XXII-P-2, dated 4-2-1998.]
- Subject to the provisions of Rule 15-A no correction in any entry of inclusion or deletion of any name shall be made in the voters' list after its finalization under Rule 12 :Provided that clerical, technical or printing error or omission, apparent on the lace of the record, regarding a voter may be corrected by the Registration Officer at any time before the last date and time fixed for making nomination under Rule 28.] [Substituted by Notification No. F.1-40-95-XXII-P-2, dated 5-3-1999.]15A. [ Deletion of entries in the voters' list in certain cases. [Inserted by Notification B-1-40-95-XXII-P-2, dated 4-2-1998.]
16. [ Custody and destruction of papers. [Substituted by Notification No. B-1-40-95-XXII-P-2, dated 4-2-1998.]
- The preliminary voters' list published under Rule 10, the claims and objections received under Rule 11 along with the order of the Registration Officer or Appellate Authority thereon and the papers relating to the proceedings under Rule 15-A shall be preserved in the record room of the District Election Officer until after the next revision of the list and shall then be destroyed.]Chapter V
Administrative Machinery for Conduct of Election
17. Officers and staff for conducting elections.
17A. [ Requisition of vehicles etc. for panchayat election purposes. [Inserted by Notification No F.1-40-XXII-P-2, dated 10-4-2002.]
17B. Payment of compensation.
- Whenever in pursuance of Rule 17-A and vehicle, vessel or animal is requisitioned, there shall be paid to the owner thereof compensation, the amount of which shall be determined by the District Election Officer on the basis of the rate fixed by the Chief Electoral Officer for such vehicle, vessel or animal for the State Assembly Elections :Provided that any person interested, being aggrieved by the amount of compensation determined by District Election Officer, may apply within thirty days from the date of issue of the order determining the compensation lo the Divisional Commissioner for a review. The decision of the Divisional Commissioner shall be final.17C. Manner of serving order of requisition of vehicles, vessels and animals.
- An order of requisition under Rule 17-A shall be served :-17D. Penalty for contravention of any order regarding.
- If any person contravenes any order made under Rule 17-A he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with line which may extend to rupees five hundred or with both.]18. Commission's power to issue General or Special orders or directions.
- Notwithstanding anything contained in these rules, the Commission may issue such special or general orders or directions which may not be inconsistent with the provisions of the Act for fair and free elections.19. District Election Officer and Deputy District Election Officer.
19A. [ Observers. [Inserted Notification No. B-1-40 95-XXII-P-2, dated 4-2-1998.]
20. Appointment of Returning Officer.
- The Commission or when so authorised by Commission, the District Election Officer shall appoint an officer of the State Government not below the rank of a Naib Tahsildar as a Returning Officer for every election to fill a seat in any Panchayat other than the Zila Panchayat :Provided that nothing in this rule shall prevent the Commission or the District Election Officer from appointing same person to be a Returning Officer for election of more than one Panchayat.21. Appointment of Assistant Returning Officer.
22. General duty of Returning Officer.
- It shall be the general duty of the Returning Officer in any election to perform all such acts and things as may be necessary for effectively conducting the election in the manner provided by these rules.23. [ Polling Stations. [Substituted Notification No. F.1-40-95-XXII-P-2 dated 17-2-1999.]
24. Appointment of Presiding and Polling Officers.
25. General duty of Presiding Officer.
- It shall be the general duty of the Presiding Officer at a polling station to maintain order thereat and to see that the poll is fairly taken.26. Duty of a Polling Officer.
- It shall be the duty of every Polling Officer at a polling station to assist the Presiding Officer for such station in the performance of his functions27. Control of District Election Officer.
- The Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officers and all other persons appointed in accordance with these rules shall, within the over all direction and control of the Commission, work under the control of District Election Officer.27A. [ Returning Officer, Presiding Officer, etc. deemed to be on deputation to Election Commission. [Inserted by Notification No. F.1-40-95-XXII-P-2, dated 17-2-1999.]
- The Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer and any other Officer appointed under this Chapter for the conduct of any election shall be deemed to be on deputation to the Commission for the period commencing on and from the date of notice of election and ending with the date of declaration of the results of such election and such officers shall be under the control, superintendence and discipline of the Commission during that period.]Chapter VI
Conduct of Election
28. Notice of election and time schedule therefor.
- In accordance with the time schedule prescribed by the Commission, the District Election Officer shall by notice in Form 2 or 3 as the case may be, specify-29. [ Manner of publication of notice under Rule 28. [Substituted by Notification No. F. 1-40-95-XXII-P-2, dated 17-2-1999.]
- Notice under Rule 28 shall he published atleast 20 days before the date appointed for the poll by affixing a copy thereof on the notice board in the office of :-29A. [ Publication of notice regarding reservation/status of seats. [Inserted by Notification No. F. 1-40-95-XXII-P-2, dated 17-2-1999.]
30. Extension of time for completion of election.
- It shall be competent for I he Commission, for reasons which it considers sufficient, to extend the time for completion of any election by making necessary amendments in the time schedule prescribed by it under Rule 28.31. Nomination of candidates.
31A. [ Information of criminal record, properties, liabilities and educational qualifications etc. of candidates. [Inserted by M.P. Notification No. F-1-3-2004-XXII P-2, dated 20-9-2004.]
32. Presentation of nomination papers.
33. [ Security deposit. [Substituted by Notification No F.1-40-95-XXII-P-2, dated 17-2-1999.]
34. Notice of nomination and time and place for scrutiny.
35. Scrutiny of nomination papers.
36. Revision of rejected nomination papers in certain cases.
37. Withdrawal of candidature.
38. Preparation of list of contesting candidates.
39. Allotment of Symbols for election.
40. Publication of list of contesting candidates.
- The Returning Officer shall cause a copy of the list of contesting candidates prepared under Rule 38, to be published immediately after allotment of symbols to candidates, by affixture on the notice-board in his office and shall also supply a copy thereof, to each contesting candidate or his election agent.40A. [ Stay on elections in certain cases. [Inserted by Notification No. F.1-40-95-XXII-P-2, dated 17-2-1999.]
Chapter VII
Candidates and their Agents
41. Appointment of election agent and revocation of such appointment.
42. Appointment of polling agent.
43. Appointment of counting agent.
44. Revocation of the appointment or death of polling agent.
45. Revocation of the appointment or death of the counting agent.
Chapter VIII
General Procedure of Election
46. Death of candidate before poll.
- Poll shall not be countermanded due to death of a contesting candidate before the commencement of poll. But if as a result of death of contesting candidate for any seat, there remains only one contesting candidate, the Returning Officer shall, upon being satisfied of the fact of death of the candidate, countermand the poll and report the fact to the Commission through the District Election Officer and all proceedings with reference to the election shrill be commenced a new in all respects as if for a new election in accordance with the rules hereinabove ;Provided that-47. Uncontested Elections.
48. Contested Elections.
- In cases other than those covered by Rule 47 a poll shall take place.Chapter IX
Poll and Voting for Election
49. Manner of voting at election.
- At every election where a poll is taken votes shall he given by ballot in the manner hereinafter provided and no voter shall be received by proxy.50. Ballot Box.
- Every ballot box shall, subject to general or special orders of the Commission be of such design that ballot papers can be inserted therein but cannot be withdrawn therefrom with the box being unlocked and the seals being broken.51. Form of ballot paper.
52. Arrangement at the polling station.
53. Notice at the polling station.
- Outside each polling station there snail be displayed prominently,-54. Admission to polling station.
- The Presiding Officer shall regulate the number of voters to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than-55. Ballot boxes to be locked and sealed before the commencement of poll.
56. Facilities for women voters.
57. Identification of voters.
58. Challenging of identity.
59. Safeguards against personation.
60. Issue of ballot paper.
61. Voting procedure.
62. Recording of vote by blind or infirm voter.
63. Spoiled and returned ballot papers and ballot papers found out side ballot boxes.
64. Tendered votes.
65. Closing of poll.
66. Sealing of ballot boxes after poll.
67. Account of ballot papers.
68. Sealing of other packets.
69. Delivery of ballot boxes, packets etc. to the Returning Officer.
70. Adjournment of poll in emergency.
71. Recommencement of adjourned poll.
72. Fresh poll in case of destruction, tempering etc. of ballot boxes or 'hie to procedural irregularity.
Chapter X
Counting of Votes
73. Supervision of counting of votes.
- At every election where a poll is taken, votes shall be counted under the supervision and direction of either the Returning Officer or such other officer as may be authorised by him in this behalf and each contesting candidate, or his election agent and his counting agents shall have a right to be present at the time of counting.74. Admission to the place fixed for counting.
75. Scrutiny and opening of ballot boxes.
76. Scrutiny and rejection of ballot papers.
77. Counting of votes.
78. Counting to be continuous.
- The Returning Officer or such other officer authorised by him, shall as far as practicable, proceed continuously with the counting of votes and shall, during any intervals when the counting has to be suspended, keep the ballot papers, packets and other papers relating to the election sealed with his own seal and the seals of such candidates or their election or counting agents as may be desirous of affixing their seals and shall cause adequate precautions to be taken for their sale custody during such intervals.79. Re-commencement of counting after fresh poll.
80. Recount of votes.
81. Preparation of return of election and declaration of result.
82. Equality of votes.
- If, after the counting of votes is completed, equality of votes is found to exist between any candidates and an addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot and proceed as if the candidate on whom the lot falls has received one additional vote. In such a case, the Returning Officer shall add the following words at the end of the return in Form 20, 21, 22 or 23 as the case may be, namely, "by draw of lot".83. Grant of certificate of election to the returned candidate.
- As soon as may be after a candidate has been declared elected under Rule 81, the Returning Officer shall grant to such candidate a certificate of election in Form 25 and obtain from the candidate an acknowledgment of its receipt duly signed by him.84. Powers of District Election Officer to correct clerical or arithmetical mistakes or errors.
Chapter XI
Miscellaneous
85. Return or forfeiture of Security deposits.
86. Custody of papers relating to election.
- The District Election Officer shall keep in custody the packets referred to in Rules 67 and 68 and all other papers relating lo the election.87. Production and inspection of election papers.
- While in the custody of the District Election Officer-88. Disposal of Election Papers.
89. Casual vacancies in Panchayats.
90. Manner of notifying election.
- The Commission shall notify or cause to be notified-91. Repeal.
- The Madhya Pradesh Panchayat Nirvachan Niyam, 1994, are hereby repealed.Panchayat ElectionForm-1[See Rule 9(1)]Voters' List| Name of Gram Panchayat ................................... | Block .......................... |
| District ................................... | Ward No. .................... |
| Serial number | House number (if any) | Name of Voter | Name of father/ Husband | Male/ Female | Age |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Serial number | House number (if any) | Name of Voter | Name of father/ Husband | Male/Female | Age |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Serial Number of Main List | Name of Voter | Existing Entry (which is to be corrected) | Corrected entry |
| (1) | (2) | (3) | (4) |
| Serial No. of Main List | Name of voter |
| (1) | (2) |
| Place .............................. | Date........................... |
2. Any one who may like to submit any objection or claim regarding the voters' list, may submit an application in writing in my office by 3 O'clock up to (date) during office hours. No objection or claim submitted after the prescribed time shall be considered.
| Seal | ............................................ |
| Signature (Asstt. Registration Officer) |
| Place ......................... | Dated .................... | Time (from) .............. |
| Place .................................. | District Election Officer (Panchayat) | |
| Date ............................... | District .................... |