State of Andhra Pradesh - Act
Andhra Pradesh Municipal Councils/Nagar Panchayats (Conduct of Election) Rules, 1965
ANDHRA PRADESH
India
India
Andhra Pradesh Municipal Councils/Nagar Panchayats (Conduct of Election) Rules, 1965
Rule ANDHRA-PRADESH-MUNICIPAL-COUNCILS-NAGAR-PANCHAYATS-CONDUCT-OF-ELECTION-RULES-1965 of 1965
- Published on 1 January 1965
- Commenced on 1 January 1965
- [This is the version of this document from 1 January 1965.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
These rules may be called the Andhra Pradesh Municipal Councils/Nagar Panchayats (Conduct of Elections) Rules, 1965.2.
These rules shall apply to all the Municipal Councils and Nagar Panchayats in the State of Andhra Pradesh.3.
In these rules unless there is anything repugnant in the subject or context,--3A. Administrative Machinery for the Conduct of Elections.
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5.
The Election Officer shall prepare and publish a notice on the notice Board of the Municipality/Nagar Panchayat and in one or more conspicuous places in each ward of the Municipality/Nagar Panchayat for which election is due, in English and in the main language of the District stating--6.
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On the last of the days appointed for the receipt of nomination papers and immediately after the hour for their receipt is past, the Election Officer or the authorised person referred to in sub-rule (4) of Rule 6 shall publish in the municipal office a list in Form II of all nominations received with a notice that the nomination papers will be taken up by the Election Officer for scrutiny at the municipal office or other specified place on the date appointed under Rule 5 at the hour specified. Scrutiny of Nomination Papers10.
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[XXXXX]12.
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After the list of contesting candidates is published under Rule 13, if there is only one contesting candidate the Election Officer shall declare the candidate as duly elected. If the number of contesting candidates is more than one, a poll shall be held. If there are no valid nominations to fill the seats, the Election Officer shall start proceedings afresh for filling the said vacancy in all respects as if for a new election.15.
[XXXXXXXX]16.
If after the publication of list of contesting candidates taking of a poll has become necessary and before the poll is taken, a candidate who has been duly nominated dies, the Election Officer shall upon being satisfied of the fact of the death of the candidate, countermand the poll of the seat for which the deceased filed his nomination and election proceedings shall be started afresh in all respects as for a new election:Provided that no fresh nomination shall be necessary in the case of candidate who stood nominated at the time of the countermanding of the poll;Provided further that no person who has under sub-rule (1) of Rule 12 given notice of withdrawal of his candidature, before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.17.
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Where any act or thing is required or authorised by or under these rules to be done in the presence of the polling or counting agent, the non-attendance, of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.23.
At an election in a ward where poll is taken, any member of the Armed Forces of the union or a member of the Armed Police Forces of the State serving outside the State may give his vote by a postal ballot and such person shall not be entitled to give his vote in any other manner. The wife of any such person may also give her vote by postal ballot.24.
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A voter shall obtain attestation of his signature, but not of his vote on the postal ballot paper by a Magistrate to whom the voter is personally known or to whose satisfaction the voter has been identified or--28.
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The Election Officer shall keep in safe custody until the commencement of the counting of votes all covers containing postal ballot papers received by him under Rule 26 of Rule 28.31.
32.
Each polling station and at a polling station having more than one polling booth, each such booth shall contain a separate compartment in which electors can record their votes screened from observation. As far as possible, separate compartments and separate entrances and exits shall, where action is not taken under Rule 33, be provided for women electors.33.
Notwithstanding anything herein before contained, the Election Officer may, at his discretion, if a sufficient number of women suitable and willing to act as polling officer are available, provide a separate polling station for taking the votes of the women electors for any polling area or make such other arrangements as may be necessary to ensure the privacy of such electors [x x x x].34.
35.
The Election Officer shall provide at each polling station sufficient number of ballot boxes together with copies of the electoral roll or such part thereof as contains the names of the electors entitled to vote at the station and such other papers, and articles necessary for electors to mark the ballot papers, stationery and forms, as may be necessary. He shall further display in bold and clear manner the name of each candidate, the serial number and the symbol assigned to him and the seat for which the election is held The Election Officer shall also display a notice specifying the polling area, the electors of which are entitled to vote at that polling station.36.
36A.
Immediately before the commencement of the poll, the Presiding Officer shall also demonstrate to the Polling Agents and others present that the marked copy of the electoral roll to be used during the poll does not contain--37.
38.
Every ballot paper, before it is issued to an elector and Counterfoil attached thereto, shall be stamped on the back with such distinguishing mark as the Election Authority may direct and every ballot paper before it is issued shall be signed in full on its back by the Presiding Officer.39.
40.
An elector shall be given only one ballot paper and the Presiding Office or the Polling Officer shall explain to the elector that the elector shall mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote.41.
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Special facilities in accordance with the instructions, if any, issued by the election authority in that behalf, may be accorded to women electors.45.
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[x x x x].60.
If there is an equality of votes between any two or more candidates, the Election Officer, shall, after notice to the candidates concerned decide by drawing lots which candidate or candidates shall be declared to have been elected. The Election Officer, shall permit the contesting candidates if they so desire, to sign on the chits before drawing lots.61.
62.
For the purpose of the Andhra Pradesh Municipalities Act, 1965 the date on which a candidate is declared by the Election Officer under these rules to have been elected to a Municipal Council shall be the date of election of the candidate irrespective of the date of publication of the result in the Gazette.63.
64.
Notwithstanding anything contained in the foregoing rules, the State Election Commissioner or the Election Authority may, for special reasons empower the Election Officer to fix dates and periods other than those specified or fixed by order under these rules, for all or any of the stages of the election proceedings connected therewith.65.
Notwithstanding anything contained in these rules prescribing the periods for various stages of elections, if due to any unexpected cause or any holiday is declared, the next working day shall be deemed to have been fixed for that purpose and the subsequent period will be reduced to that extent.66. Maximum election expenses.
1. Full name of the candidate :
2. Number of candidate in the electoral roll :
3. Father's or Husband's name :
4. Present age :
5. Sex :
6. Community :
7. Occupation and address :
8. Full name of the proposer :
9. No. of the proposer in the electoral roll :
10. Signature of the proposer :
(to be filled by the candidate)[I declare that I am willing to stand for Election as member from the ward ................ of Municipality/Nagar Panchayat on the symbol of ................................. party/free symbol allotted by the Election Officer as per the direction of the State Election Commission.I further declare that the code of conduct prescribed by the State Election Commission has been read by me read over to me and I will abide by the conditions stipulated therein.]Signature of the candidate(To be filled by the Election Officer)(Serial number of the nomination paper.The nomination paper was delivered to me at my office at ............................ (hours) on ......................... (date) by the candidate/proposer.Date:Election Officer or Authorised person.Decision of Election Officer accepting or rejecting the Nomination PaperI have examined this nomination paper in accordance with Rule 10 of the Andhra Pradesh Municipal Councils (Conduct of Elections) Rules, 1965 and decide as follows:Receipt for Nomination Paper and Notice of Security (To be handed over to the person presenting the nomination paper).Serial Number of nomination paper ....................................................................The nomination paper of ................................................ a candidate for election as Councillor from Ward ............................................... Municipality was delivered to me at my office ............................................. (hours) on ...................................... (date) by the candidate/proposer. All nomination papers will be taken up for scrutiny at .......................... (hours) on ......................... (date) ..................................Place.Date:Election Officer or other authorised personAppendix 2FormSee Rule 9Form - II[See Rule 9]List of nominations received on (date) for [ward]1. Serial Number :
2. Name of the candidate :
3. Father's or Husband's name :
4. Sex :
5. Community :
6. Occupation and address :
7. Name of the proposer :
8. Seat for which nomination is filed :
Election Officer or other authorised person.Appendix 2AList of validly nominated candidates Election the ward members .................... MunicipalityForm - II-ASee Rule 10(4)[Form - II-A[See Rule 10(4)]List of validly nominated candidates Election the ward members .................... Municipality| Sl.No. | Name of the Candidate | Name of Father/Mother/Husband | Address of Candidate | Party Affiliation |
| (1) | (2) | (3) | (4) | (5) |
| Name of validly | Address of validly | Remarks | Nominated candidate | Nominated candidate |
| 1. | ||||
| 2. | ||||
| 3. | ||||
| 4. | ||||
| 5. | ||||
| 6. | ||||
| 7. | ||||
| 8. |
| Sl.No. | Name of Candidate | Sex of Candidate | Communities to which the Candidates belong | Address of Candidates | Distinctive symbols assigned to candidates |
| (1) | (2) | (3) | (4) | (5) | (6) |
1. The number of candidates for whom the voter may vote is ............................
2. Not more than one vote may be given to a candidate.
3. Votes shall be recorded by placing a mark on the ballot paper opposite the name of the candidate for whom the voter wishes to vote. (Please also see further intructions in the accompanying letter).
4. A voter shall obtain the attestation of his signature on the back of this form by a Magistrate to whom the voter is personally known or to whose satisfaction the voter has been identified; or
5. The Attesting Officer shall attest the signature of the voter but not his vote which should not be recorded in the presence of the attesting officer.
Form on the backside.Serial number of ballot-paper ........................................................I hereby declare that I am the person whose name appears as voter No. ................... on the electoral roll for ............................. ward and that I have not voted in this ward in any other manner and that at this ordinary election I have not voted in any other ward.Date:Signature of the Voter.Signed in my presence by ................................. who is personally known to me (or who has been identified to my satisfaction.)Name :Address :Date :Signature of the Attesting Officer, AddressAppendix - 9Form of CoverForm - IX[See Rule 25(2)(a)]Form of CoverElection to the .................................. Council .............................. 19 ........... ward ...............................ToThe Election Officer, .................................. Ward ....................................... (Address) ................................................. No. .........................................Appendix - 10Form of letter of Intimation[FORM - X[See Rule 25(2)(c)]Form of letter of IntimationElections to the ................................................................ Council ................................ of ........................................................ 198Dear Sir/Madam,1. The persons whose names are printed on the ballot paper sent herewith are the contesting candidates for the election to the Council. Should you desire to vote at this election, I have to request that;
2. Covers returned by post on which the postage has not been prepaid will not be received by me.
3. The officers who are empowered to attest ballot papers have been specified in the instructions sent along with the ballot-paper.
4. Rule 28 of the Andhra Pradesh Municipal Councils (Conduct of Elections) Rules, 1965, provides that if a voter is illiterate or his unable due to physical incapacity to record his vote and sign the declaration on the back of the ballot-paper he may make his declaration and record his vote by the hand of an officer referred to in paragraph 3 above who is empowered to attest his signature and such voter may for this purpose deliver his ballot-paper together with the envelope and the cover sent with this letter to such officer and request him to sign the declaration on the back of the ballot paper and to mark the ballot paper for such voter. The said rule further provides that such officer;
6. Rule 55(2) of the aforesaid rules provides as follows: A postal ballot paper which is not duly marked or on which (a) more than one mark is placed against any candidate's name or (b) a mark is placed in such a manner as to make it doubtful to which candidate it has been given or (c) the signature of the voter is not duly attested, shall be invalid.
7. Your number on the electoral roll for ..................................................................... Ward is .................................................. You should insert this number in the declaration on the back of the ballot paper.
Address :Date :Yours faithfully, Election OfficerAppendix - 11FormSee Rule 37(1)[Form - XI[See Rule 37(1)]E.R.No. S.No. of Elector .......................................................................................................... Municipality No. ............................................................. Signature or thumb impression of the Elector ...................................................................... Municipality No. ..........................................| Sl.No. | Name of the Candidate Symbol |
| 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. |
1. I have not acted as companion of any other elector at any polling Station/Booth today, the ................................. and.
2. I will keep secret the vote recorded by me on behalf of .............................................
Signature of the Companion.Appendix - 11BList of Blind and Infirm VotersForm XI-B[See Rule 43(2)]List of Blind and Infirm Voters Election to the ..................................... Municipality from ........................................ Ward No. ................................. (Seat No. ..........................), and name of the polling Station Booth ...........| Part No.& Sl.No.of Elector | Full name of the Elector | Full name of the Companion | Address of companion | Signature or left hand thumb impression ofcompanion |
| (1) | (2) | (3) | (4) | (5) |
| Part No.& Sl.No.of Elector | Address of Elector | Serial No. of Tendered ballot paper | Serial No. of the ballot paper issued to the person who has already voted | Signature or left hand thumb impression ofcompanion |
| (1) | (2) | (3) | (4) | (5) |
| Sl.No. of entry | Name of Elector | Part of Roll | Elector's name in that part | Signature or thumb impression of person challenged |
| (1) | (2) | (3) | (4) | (5) |
| Address of the person challenged | Name of the Identifier, if any | Name of challenger | Orders of Presiding Officer | Signature of challenger on receiving refund of deposit |
| (1) | (2) | (3) | (4) | (5) |
| Sl.No. | Particulars | Number of Remarks | |
| (1) | (2) | (3) | (4) |
| 1. | Ballot-papers received | ||
| 2. | Ballot-papers issued to voters | ||
| 3. | Ballot-papers in packets [Rule 49(4)(ii)] | ||
| 4. | Tendered ballot-papers (Rule 46) | ||
| 5. | Number un-used | ||
| 6. | Number spoilt | ||
| 7. | Ballot-papers dealt with under Rule 49(4)included under Column(3) | ||
| 8. | Ballot-papers cancelled |
| Sl.No. | Name of the Candidate | Number of valid votes cast |
| 1. | ||
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| 3. | ||
| 4. | ||
| 5. |