Section 59B in Orissa Zilla Parishad Election Rules, 1994
59B. [ Procedure of dereservation. [Inserted vide S.R.O. No. 868/2001 dated 23.11.2001 (O.G.E. No. 2482 dated 21.12.2001).]
(1)On receipt of the report from the Election Officer under Rule 13 regarding failure of election for second time on the ground that no person belonging to any particular category, for which the seat of the member has been reserved, is available in the voter list of any of the Parishad constituencies, even for nomination under Sub-section (1) of Section 35, the Collector shall send his recommendation as required under the Sub-section (2) of the said section to the Government for dereservation of such seat.(2)The recommendation of the Collector shall comprise the following namely:(i)working copy of the voter lists of all the Parishad constituencies;(ii)statement showing the reservation status of the membership;(iii)a certificate to be signed jointly by the Election Officer and the Collector in the following form :"Certified that we have carefully verified the voter lists of all the Parishad constituencies and found that no person belonging to the reserved category is available in the said voter lists for nomination under Sub-section (1) of Section 35.We, therefore, recommend that the seat of the Parishad Member of ............... Parishad constituency under ............. Zilla Parishad be dereserved under Sub-section (2) of the said section.Election OfficerCollector(3)On receipt of the recommendation from the Collector under Sub-rule (1), the voter lists shall be scrutinised and after having been satisfied on the correctness of the recommendation of the Collector, the Government shall dereserve the seat under Sub-section (2) of Section 35 by publishing a notification to that effect.(4)Copy of the notification published under Sub-rule (3) shall forthwith be communicated to the Commissioner for filling up of the seat by fresh election and a copy of such notification shall also be forwarded to the Collector, Sub-Collector, Election Officer and the concerned Zilla Parishad.]
