Section 11 in The Orissa Panchayat Samiti Election Rules, 1991
11. Deposit of money.
(1)On the date appointed for presentation of the nomination papers, a candidate wishing to stand for election for the Member of Samiti, unless he is a Member of the Scheduled Tribes or the Scheduled Castes shall deposit or cause to be deposited with the Election Officer in cash, a sum of rupee one hundred.(2)If the candidate is a Member of the Scheduled Tribes or the Scheduled Castes the amount of deposit shall be rupees fifty.(3)The Election Officer shall grant a receipt in Form No. 5 for the amount so deposited.(4)No candidate shall be eligible to contest in the election as a Member of Samiti in respect of whom such deposit has not been made.(5)If a candidate by whom or on whose behalf, the deposit referred to in Sub-rule (1) has been made, withdraws his candidature in the manner and within the time specified under Sub-rule (15) or if the nomination of any such candidate is rejected, the money deposited shall be returned to the candidate on whose behalf it was made or to any other person authorised by him in this behalf.(6)If a candidate by whom or on whose behalf the deposit referred to Sub-rules (1) or (2) as the case may be, has been made is not elected and the number of votes polled by him does not exceed one-sixth of the total number of votes polled, the deposit shall be forfeited to the State Government.Explanation - The total number of votes polled shall be deemed to be the number of ballot papers, other than spoilt ballot papers, counted.(7)The deposit made in respect of a candidate who is elected, or has polled more than one-sixth of the total number of vote polled, shall be returned to him immediately after the result of the election is published.(8)A deposit required to be returned to any person under Sub-rule (5) or Sub-rule (7) shall if such person is dead, be returned to his legal heir.(9)Notwithstanding anything contained in this rule, a deposit made under Sub-rule (1) or Sub rule (2) as the case may be, shall not be returned unless a claim therefor is preferred by the person on whose behalf the deposit is made or by his legal representative, as the case may be, within six months from the date of declaration of the result of the election by the Election Officer.(10)The Election Officer shall, at the appointed time, date and place receive the nomination papers in Form No. 6 and scrutinise them in the presence of the candidates or their proposers.If the Election Officer finds that the candidates do not suffer from any disqualification under Section 45 of the Act, he shall accept their nomination as valid. Objections, if any, filed in the course of scrutiny shall be enquired into summarily by the Election Officer and his decision accepting or rejecting the nomination papers shall be endorsed on the body of the nomination papers.(11)If no nomination is filed or if all the nominations filed are rejected, a notice for fresh election shall be issued and if no nomination is filed or all the nominations are rejected for the second time, the Election Officer shall report the matter to Government through the Collector for nomination of a person under Section 45-C.(12)If after scrutiny under Sub-rule (10) or after withdrawal of candidature under Sub-rule (15) there is only one candidate duly nominated for election of the Member of Samiti, there shall be no poll and the Election Officer shall immediately declare in Form No. 7 the name of such person to have been duly elected uncontested.(13)(a)In case of a contest, the Election Officer shall immediately after the scrutiny, prepare a list of the validly nominated candidates in Form No. 8 and arrange them in alphabetical order in Oriya.(b)[* * *] [Omitted vide SRO No. 261/2001 Orissa Gazette Extraordinary No. 991 dated 28.5.2001.](c)In case the number of contesting candidates exceeds the number of symbols specified by the Government, the Election Officer may allot any other symbol to the candidates :Provided that such additional symbols shall not, however include any symbols allotted to the political parties by the Election Commission of India.(d)The symbol so assigned to each candidate shall also be indicated in the list in Form No. 9.(14)A list of the validly nominated Candidates for the election of the Member of Samiti shall be published in the notice boards of the Election Officers and the Samiti concerned in Form No. 8 [at least [three weeks] [Added vide O.G.E. No. 1264 dated 15.11.1995.] before the date fixed for election.](15)A validly nominated candidate contesting for the Member of Samiti may withdraw his candidature by presenting a written application in person in Form No. 10 to the Election Officer within forty-eight hours after the nomination papers have been scrutinised and the list of validly nominated candidates has been prepared and published under Sub-rule (14).[Provided that the Election Officer shall verify the signature of the candidate before allowing the candidature to be withdrawn.] [Inserted vide SRO No. 261/2001 Orissa Gazette Extraordinary No. 991 dated 28.5.2001.](16)[ After withdrawal of candidature under Sub-rule (15), the final list of contesting candidates alongwith allotment symbol to each of them shall be published by the Election Officer in Form No. 8 in the notice boards of the Election Officer, Panchayat Samiti and the Grama Panchayat concerned at least two weeks before the date fixed for election.] [Substituted vide SRO No. 261/2001 Orissa Gazette Extraordinary No. 991 dated 28.5.2001.]Part-IV Polling Arrangement
