Section 50 in Assam Panchayat (Constitution) Rules, 1995
50. Election of President and Vice-President of Zilla Parishad.
(1)The Deputy Commissioner, as under sub-section (1) of Section 70 of the Act, shall, as soon as possible after the completion of election as under sub-section (1) of Section 65 of the Act, convene the first meeting of the Zilla Parishad comprising the members as under sub-section (1) of section 65 of the Act, by fixing a date, time and place and specifying the purpose and the causing a written notice to be served on each of the members of the Zilla Parishad at least seven days before the date so fixed. Such meeting shall be presided over by the Deputy Commissioner concerned and the Deputy Commissioner shall not be entitled to vote.(2)The Deputy Commissioner as under sub-rule (1) shall administer an oath of affirmation as under Section 134 of the Act, to all the members present before the commencement of the meeting.(3)If, one third of the total number of members as under sub-section (1) of Section 65 of the Act, called to the meeting as under sub-rule (1), are not present within an hour of the time fixed for the meeting, the Deputy Commissioner shall adjourn the meeting pending fixation of another date by the Deputy Commissioner not later than fifteen days from the date of such meeting.(4)The Deputy Commissioner shall-immediately after oath taking as under sub-rule (2), call upon the members present as under sub-section (1) of Section 65 of the Act, to propose and second names of persons from amongst themselves as under sub-section (1) of Section 70 of the Act, for election of a President and Vice- President of the Zilla Parishad. The Deputy Commissioner presiding over the meeting shall record the name of each candidate proposed for different offices and shall reject any proposal if, the candidate refuses to stand for election.(5)If, only one candidate is proposed and seconded against each of the offices as under sub-rule (1), shall thereupon be declared to be duly elected as the President or the Vice-President as the case may be, of the Zilla Parishad.(6)If, more than one candidate are proposed and seconded against each of the offices, the Deputy Commissioner shall conduct the election in the following manner-(i)the Deputy C9mmissioner presiding over the meeting shall cause to prepare as many ballot papers separately for each of the offices as there are members present as under sub-section (1) of Section 70 of the Act, in FORM IV appended herewith, in the language of the region and whereupon the names of the candidates shall be written line-wise in the order in which the proposals were made;(ii)the Deputy Commissioner presiding over the meeting, shall allow the members as under clause (i) above, to inspect the two separate ballot boxes to be used for the purpose and thereafter secure and seal such ballot boxes and place them before him. The Deputy Commissioner shall provide a compartment screened from observation by any other persons in which the members can mark the ballot paper;(iii)the Deputy Commissioner shall thereafter handover one such ballot paper as prepared under clause (i) to each of the members present after putting his signature on the back of each ballot paper. He shall then instruct the members to enter the compartment one by one and put a cross mark against the name of the candidate of his choice in the ballot paper supplied, fold it and then insert it into the respective ballot box kept in front of him; and(iv)if, a member is unable to write or physically incapacitated from voting, the Deputy Commissioner shall, at the request of the member, take him to the screened compartment, ascertain his choice and accordingly mark the ballot paper, fold it and then insert it in the concerned ballot box. The Deputy Commissioner shall ensure secrecy of the ballot paper.(7)Immediately after the voting is over, the Deputy Commissioner shall open the ballot boxes one by one, take out the ballot papers therefrom, count them and record the number thereof in two separate statements office-wise. A ballot paper shall be invalid on the grounds as under clauses (a), (b), (c), (d) and (e) of sub-rule (7) of Rule 46.(8)The Deputy Commissioner shall, after completion of counting and recording of votes received by each candidates for each of the offices, declare the candidate who has secured highest number of votes against respective offices to be duly elected as the President and Vice-President of the Zilla Parishad concerned.(9)In case of equality of votes in either of the said election, declaration of election shall be given by the Deputy Commissioner in the manner prescribed under Rule 45 of these rules.(10)Declaration as to the e1ection to the offices of the President and Vice-President of the Zilla Parishad by the Deputy Commissioner shall be final provided any dispute arises in the said election.(11)In case of filling up of any vacancy in the offices of the President and Vice-President of the Zilla Parishad and the determination of disputes relating to such election as under subsection (2) of Section 70 of the Act, shall be disposed off by the Panchayat Election Tribunal as under Section 127 of the Act.
