Section 76 in The Orissa Grama Panchayats Election Rules, 1965
76.
Notwithstanding any other provision to the contrary contained in these rules, the following procedure shall be followed for conducting the election to the office of the Naib-Sarpanch :(a)All the members other than the Sarpanch shall be eligible to stand for the office of the Naib-Sarpanch;(b)The Presiding Officer shall proceed to conduct the election, if a majority of the members of the Grama Panchayat are present on the date and at the time fixed for the purpose.If a majority of the members are not present, no election shall be made and a fresh notice shall be issued in accordance with the foregoing rules fixing another date. In case of failure of election for the second time, the Presiding Officer shall report the result to the Election Officer who shall thereupon move the [Sub-Collector] [Substituted vide SRO No. 1260/95, Orissa Gazette Extraordinary No. 1263, dated 15.11.1995.] for nomination of a Naib-Sarpanch in pursuance of the provisions of Section 13. On the nomination of Naib-Sarpanch by the [Sub-Collector] [Substituted vide SRO No. 1260/95, Orissa Gazette Extraordinary No. 1263, dated 15.11.1995.], the Election Officer shall publish the name of the person so nominated in the notice board of the Block office as required under Section 15;(c)If a majority of the members are present on the date fixed for the first or second meeting, as the case may be, the Presiding Officer shall call upon the members to elect a Naib-Sarpanch from among themselves and allow time for one hour to receive nominations in Form No. 4;(d)Every nomination paper shall be signed by two members as proposer and seconder and the candidate should sign a declaration on it expressing his willingness to stand for election. Every nomination paper shall be presented by the candidate himself or his proposer or seconder to the Presiding Officer at the meeting;(e)After expiry of the time allotted for receiving nomination papers, the Presiding Officer shall proceed to scrutinise the nomination papers. Scrutiny shall be made only with a view to check if nomination is duly proposed and seconded and also accepted by the candidate. It shall be open to the Presiding Officer to get omissions rectified then and there. No objections on any other ground whatsoever shall be entertained in respect of nominations;(f)If only a single candidate is nominated, he shall be declared elected forthwith;(g)In case no nomination is filed within the time allowed the Presiding Officer shall allow one more hour for filing nominations and this shall be treated as an election for the second time. If no nomination is filed on the second occasion also, the Presiding Officer shall report the result to the Election Officer who shall thereupon move the [Sub-Collector] for nomination of the Naib-Sarpanch;(h)In the event of there being a contest, the Presiding Officer shall announce the names of the contesting candidates and shall proceed to hold the poll then and there.
