Section 13 in Tamil Nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015
13. Manner of election of the member of Town Vending Committee from amongst the street vendors.
(1)The returning officer appointed under sub-rule 2 of rule 12 shall, conduct the elections of the members of the Town Vending Committee representing the street vendors.(2)The local authority concerned shall supervise, direct and control the conduct of elections of the members of a Town Vending Committee representing the street vendors in the area of its jurisdiction.(3)As soon as the notification expressing the intention of the local authority to conduct elections for members of a Town Vending Committee representing the street vendors has been issued under sub-rule (1) of rule 12 and a returning officer has been appointed for conducting the elections under sub-rule (2) of that rule, the local authority, shall, by a resolution, determine the date, time and place for conduct of elections.(4)(A)The notice of the resolution of the local authority shall be circulated among the street vendors engaged in the vocation of street vending in the area of jurisdiction of the Town Vending Committee, by any of the following modes, namely:-(a)by public notice to be published in two prominent daily newspapers in Tamil, English or such other language as the local authority thinks fit;(b)by local delivery;(c)by post under certificate of posting or(d)by speed post or courier services, as well as on the notice board of the returning officer.(B)The notice shall contain information regarding-(i)the number of members to be elected, including seats reserved for representatives of Scheduled Castes, Other Backward Classes, women, persons with disabilities, minorities or any other specified categories;(ii)the date on which, the place at which and the hours between which nomination papers shall be filed and such date being not less than seven clear days before the date fixed for election or if that day happens to be public holiday, the next succeeding day which is not a public holiday;Explanation. - The term "public holiday" means any day which is a public holiday under section 25 of the Negotiable Instruments Act, 1881 [Central Act XXVI of 1881] or any day which has been notified by the Government to be a public holiday for offices under the Government;(iii)the date and the hour for scrutiny of the nomination papers; and(iv)the date, place and hours of polling.(5)The local authority shall prepare a list of street vendors engaged in the vocation of street vending in the area of jurisdiction of the Town Vending Committee as it stood on thirty days before the date fixed for inviting the nominations, and publish copies of the said list by affixing them upon the notice board at the office of the Town Vending Committee, not less than ten days prior to the date fixed for inviting nominations. The list shall specify the registration number/ certificate of vending and the name of the street vendor, the name of the father or husband, as the case may be, and the address of the street vendor. It shall be the duty of the Town Vending Committee or the local authority, as the case may be, to bring up-to-date register of street vendors and such other register as the returning officer may require and hand over such records or registers to the returning officer thirty days prior to the date fixed for the purpose of election. A copy of the list shall be supplied by the Town Vending Committee or the local authority, or returning officer, as the case may be, to any street vendor on payment of such fee as specified by the local authority.(6)The nominations of the candidates for election shall be made in Form-D which shall be supplied by the returning officer to any street vendor, free of cost.(7)A Street Vendor shall be disqualified from contesting the election to a Town Vending Committee, if he is:-(i)convicted of an offence involving moral turpitude; or(ii)physically or mentally incapable of discharging his duties as a member of a Town Vending Committee.(8)The candidate shall make a security deposit of Rs.2000/-(Rupees two thousand only) in cash or Demand draft or pay order along with the nomination papers. If a candidate fails to get less than one-sixth of the votes polled, the security deposit shall be forfeited to the local authority.(9)Every nomination paper shall be presented in person by the candidate himself or by his proposer or seconder to the returning officer. The returning officer shall enter on the nomination paper, its serial number and certify the date and hour at which the nomination is received by him and shall immediately give a written acknowledgment for the receipt of the nomination paper which shall bear the seal of the Town Vending Committee/ returning officer. Any nomination paper which is not received on or before the date and time fixed for its receipt shall be rejected.(10)(a)On the day following the date fixed for the receipt of nomination papers, the returning officer shall take up the scrutiny of the nomination papers.(b)The returning officer shall examine the nomination papers and decide objections, which may be made by any person in respect of any nomination and may, either on such objection, or on his own motion and after such summary inquiry, if any, as the returning officer thinks necessary, reject any nomination:Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or the name of his proposer or seconder, or any other particulars relating to the candidate or his proposer or seconder, as entered in the list of street vendors referred to in sub-rule (5), if the identity of the candidate, the proposer or seconder, as the case may be, is established beyond reasonable doubt.(c)The returning officer shall give all reasonable facilities to the contesting candidates or the proposer or seconder, as the case may be, to examine all the nomination papers and to satisfy themselves that the inclusion of the name of the contesting candidate is valid.(d)The returning officer shall endorse on each nomination paper his decision, accepting or rejecting the same, as the case may be. If the nomination paper is rejected, he shall record in writing, a brief statement of his reasons for such rejection.(e)The returning officer shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riots or affray or by causes beyond his control.(11)The list of valid nominations as decided by the returning officer with names of the candidates arranged in English alphabetical order with their addresses as given in the nomination papers shall be displayed or published on the same day on which the scrutiny of the nomination papers is completed.(12)Any candidate may withdraw his candidature by notice in writing signed by him and submitted in person to the Returning officer of the Town Vending Committee at any time after the presentation of his nomination paper, but before 5. 00 pm on the day following the day on which the valid nominations are published. A notice of withdrawal of candidates once given shall be irrevocable.(13)If the number of candidates, whose nomination papers have been declared valid, does not exceed the number of members to be elected, the returning officer shall announce the names of all such candidates and declare them to have been duly elected to the Town Vending Committee after the closing hour of the day of withdrawal of candidatures fixed in sub rule (12). If the number of candidates whose nominations are valid exceeds the number of members to be elected, the returning officer shall arrange for conducting a poll on the date fixed for the purpose. The returning officer may appoint one or more polling officers as may be necessary for conducting the poll. The ballot paper to be used in the pole shall be in Form-E.(14)The local authority shall provide the returning officer with ballot boxes, ballot papers, copy of list of street vendors/voters and such other articles as may be necessary for the conduct of elections. The ballot box shall be so constructed that ballot papers can be inserted therein but cannot be taken out therefrom without the boxes being unlocked. A candidate contesting the election may, by a letter to the returning officer, appoint an agent to represent him, to identify the voters during polling and to watch the recording of votes. Such letter shall be in Form-F and shall contain the consent in writing of the agent concerned.(15)Canvassing for votes by any person at the place where elections are to be conducted shall be prohibited.(16)Immediately before the commencement of the poll, the returning officer shall show the empty ballot box to such persons as may be present at the time and shall then lock it up and fix his seal. The candidate or his agent may also affix his own seal, if he so desires.(17)Every street vendor/voter who desires to exercise his right to vote shall be supplied with a ballot paper in Form-E containing the names of contesting candidates arranged in the English Alphabetical order, which shall be either printed, type written or cyclostyled, according to convenience. The ballot paper shall also bear the seal of the Town Vending Committee and the initials of the returning officer. The ballot paper shall contain a column for the voter to inscribe a mark [x] against the names of persons to whom he wants to vote.(18)Each polling station and where there is more than one polling booth at a station, each such booth shall contain a separate compartment in which the street vendors/voters can record their votes in secrecy.(19)No ballot paper shall be issued to a street vendor/voter unless the polling officer is satisfied that the street vendor/voter concerned is the same person as noted in the list of street vendors. On receipt of such ballot paper the street vendor/voter shall proceed to the polling compartment set apart for the purpose and indicate the person or persons in whose favour he exercises his vote by inscribing a mark [x] against the names of the candidate or candidates, as the case may be, and put the ballot paper in the ballot box kept for the purpose with utmost secrecy. If owing to blindness or other physical infirmity or illiteracy, the street vendor/voter is unable to inscribe the mark on the ballot paper, the polling officer and where no such polling officer is appointed, the returning officer shall ascertain from him the candidate or candidates in whose favour he desired to vote and inscribe the mark [x] on his behalf on the ballot paper and put the ballot paper in the ballot box.(20)If at any stage of the polling, the proceedings are interrupted or obstructed by any riot or affray or if it is not possible to take or continue the poll for any sufficient cause, the returning officer shall have the power to stop the poling, recording his reasons for such action in the minute book of the Town Vending Committee.(21)No street vendor/ voter shall be admitted after the hours fixed for the poll. But, where a voter entered the premises of the polling station before the close of the polling hour, he shall be issued the ballot paper and allowed to vote.(22)The counting of votes shall take place immediately after closing of the poll. If this is not possible, the ballot box shall be sealed with the seal of the returning officer and the contesting candidates or their agents, if they so desire, and shall be deposited with the local authority for safe custody. The returning officer shall then announce the next day as the day of counting. The votes shall be counted by or under the supervision of the returning officer. Each candidate and his authorised agent shall have a right to be present at the time of counting. But absence of any candidate or his agent at the time of counting shall not vitiate counting and announcement of results by the returning officer. The number of votes secured by each candidate and the result of the elections shall be announced by the returning officer as soon as the counting is over.(23)The result of the elections shall also be recorded in the minute book of the Town Vending Committee and attested by the returning officer and shall also be notified immediately on the notice board of the Town Vending Committee.(24)In case of equality of votes, the returning officer shall declare the election result by tossing coin.(25)The ballot paper shall be rejected as invalid, during counting, by the returning officer, if(i)it bears any mark by which the street vendor's vote can be identified;(ii)it does not bear the seal of the Town Vending Committee or the initials of the returning officer;(iii)the mark indicating the vote thereon is placed in such a manner as to make it doubtful to which candidate the vote has been cast;(iv)is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.(26)After the result of election has been announced, the result of the election and a report thereon shall be communicated to the local authority as well as to the Government by the returning officer within three days after the declaration of result.(27)After the declaration of the result of the election, the returning officer shall handover the ballot paper and records relating to the elections of the members of the Town Vending Committee to the local authority in a sealed cover. They shall be preserved safely by the local authority for a period of six months from the date of elections or till such time a dispute regarding elections, if any, filed is disposed of, whichever is later and shall thereafter be destroyed by the local authority. A copy of the handing over and taking over of ballot papers and records relating to elections shall be sent to the Government as well as the local authority by the returning officer along with his report of elections.
