Union of India - Act
The Sikh Gurdwaras Board Election Rules, 1959
UNION OF INDIA
India
India
The Sikh Gurdwaras Board Election Rules, 1959
Rule THE-SIKH-GURDWARAS-BOARD-ELECTION-RULES-1959 of 1959
- Published on 16 July 1959
- Commenced on 16 July 1959
- [This is the version of this document from 16 July 1959.]
- [Note: The original publication document is not available and this content could not be verified.]
1108.
1. Short title.
- These rules may be called the Sikh Gurdwaras Board Election Rules 1959.2. Definitions.
- In these rules unless the context otherwise requires, -3. Registration of voters.
5. [ Form of rolls. - [Substituted by Central Government Notification dated 26.7.1978.]
The ross for each constituency shall be in such form and in such language as the Chief Commissioner, Gurudwara Elections, may specify.]6. Preparation and publication of preliminary rolls.
7. Application and jurisdiction of revising authority.
- The Deputy Commissioner may appoint any person whom he deems fit to act as a revising authority and may specify the revenue estate, municipal area, notified area, cantonment area, zail, patwar circle, tahsil, sub-division or district from residents of which such revising authority may receive claims or objections with regard to a roll.8. Presentation of claims and objections with regard to roll.
9. Posting of list of claims and objections.
10. Disposal of claims and objections.
11. Final Publication of electoral roll.
12. Correction of clerical error in rolls. -
Any person whose name is on the roll of a constituency may apply in writing to the returning officer or to the appropriate revising authority for the correction of any error in the entry in the roll relating to his name which is a clerical error or a mistake in the entry of any particular which does not affect his right to be entered in the roll, and the returning officer or revising authority, as the case may be, may at any time make or cause to be made such correction in the roll as he may deem necessary in respect of such entry.13. Dates for various stages of election. -
14. Notification of symbols.
15. Nomination of candidates.
16. Deposits. -
17. List of nominations to be posted.
- The returning officer shall, on the date specified under rule 13 in this behalf, post at his office a list of all the candidates, whose nomination papers have been duly presented in accordance with the provisions of rule 15, together with descriptions similar to those contained in the nomination papers of the candidates and of the persons who have subscribed the nomination papers as proposers.18. Candidates, etc., to be allowed to examine nomination papers.
- On the date fixed for the scrutiny of nominations under the provisions of rule 13, the candidates, one proposer of each candidate and one agent of such candidate but no other person, may attend at such time and place as the returning officer may appoint, and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates whose names are included in the list of candidates posted under the provisions of rule 17.19. Scrutiny of nominations and decision of objections.
20. Withdrawal of candidate.
- [(1) Any candidate may withdraw his candidature by notice in Form IV-A subscribed by him and delivered by him in person or by his agent to the Returning Officer before three O'clock in the afternoon on or before the date specified under Rule 13 in this behalf and the Returning Officer shall publish a notice in Form IV-B in respect of such withdrawal and no person who has thus withdrawn his candidature shall be allowed to cancel his withdrawal or to be re-nominated as a candidate for the same election.] [Substituted by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.]21. Assignment of symbols to candidates.
22. List of all valid nominations to be posted.
23. Death of candidate before poll.
- If a candidate dies before the poll and after the date fixed for the nomination of candidates and his nomination is or has been accepted as valid at the time of scrutiny of nomination papers, all proceedings with reference to the election of a member in the constituency or constituencies in which he was candidate shall be commenced anew in all respects as if for a fresh election:Provided that no fresh nomination shall be necessary in the case of a candidate whose name is entered on a list of valid nominations posted under the provisions of rule 22.24. Procedure in uncontested election.
25. Procedure in contested election.
- If the number of candidates validly nominated in any constituency is more than one, a poll shall be taken on the date or dates specified under rule 13 in this behalf for the election.Provided that in a constituency having reserved seat poll shall be taken for the non-reserved seat or reserved seat, as the case may be, for which the number of validly nominated candidates exceeds one.[25-A Appointment of election agents. - (1) A contesting candidate may appoint in Form IV-C any person to be his election agent and notice of such appointment shall be given by forwarding the same in duplicate to the Returning Officer who shall return one copy thereof to the election agent after affixing thereon his seal and signature in token of his approval of the appointment.25.
-B Appointment of polling agent.26. List of polling stations to be published and polling officers to be appointed.
27. Materials to be supplied at polling stations.
- The [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] may direct that before any ballot-paper is delivered to a voter at a polling station, it shall be marked with such official mark as may be specified by him in this behalf, and the official mark so specified shall be kept secret.28. Arrangement for secrecy of voting.
- Each polling station shall be furnished with such number of polling compartments, in which electors can record their votes screened from observation, as the presiding officer thinks necessary.29. Ballot-box.
30. Notices to be exhibited.
- Outside each polling station and each polling compartment there shall be displayed prominently -31. Procedure before commencement of poll.
32. Admission to poling station.
- The presiding officer shall regulate the number of electors to be admitted at any one time inside the place fixed for the poll and shall exclude therefrom all other persons except -(a)the polling officer;(b)every candidate, his election agent and one polling agent for each candidate;(c)persons authorised by the [Chief Commissioner Gurdwara Elections] [Inserted vide MOH Notification No. G.S.R. 302(E), dated 30.3.1995.] Commissioner, Gurdwara Elections and the returning officer;(d)public servants on duty [in connection with elections] [Added vide MOH Notification No. G.S.R. 302(E), dated 30.3.1995.];(e)a child in arm accompanying an elector;(f)a persona accompanying a blind on infirm elector who cannot move without help; and(g)such other persons as the presiding officer may from time to time admit for the purpose of assisting him in taking the poll.[33. Form of ballot papers. - (1) Every ballot paper shall have a counterfoil attached thereto and the ballot paper and counterfoil shall be in such form and the particulars therein shall be in such language or languages as the Chief Commissioner Gurudwara Elections may direct.34. Voting to be in person and not by proxy.
- The voting shall be by ballot and every elector wishing to record his vote shall do so in person and not by proxy.35. Question to be put to electors.
- At any time before a ballot-paper is delivered to an elector, the presiding officer or a polling officer may of his own accord if he has reason to doubt the identity of the elector or his right to vote at the polling station, and shall, if so required by a candidate or his agent, put to the elector the following questions :36. Special procedure for preventing personation of electors.
37. Procedure for recording of votes.
38. Identification of elector.
- The Presiding Officer may employ at the polling station such person as he thinks fit to assist him any polling officer in identifying the electors.39. Manner of recording votes.
40. Recording of votes of infirm electors.
41. Tendered votes.
42. Challenged votes.
43. Spoilt ballot papers.
- A voter who has inadvertently dealt with his ballot-paper in such a manner that it cannot conveniently be used as a ballot-paper may, after delivering such ballot paper to the polling officer and satisfying him of such inadvertence, obtain another ballot-paper in place of the spoilt paper, and the latter shall be [marked as spoilt : canceled] [Substituted for the words 'marked as cancelled' by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.].44. Recording of votes by staff on duty at polling station at which they are not entitled to vote.
45. Return of ballot-paper by elector.
- If an elector after obtaining any ballot-paper for the purpose of recording his vote decides not to use the same, he shall return the ballot-paper to the presiding officer and the ballot-paper so returned shall then be marked as "cancelled - returned" and kept in separate envelope set apart for the purpose and a record shall be kept by the polling officer of all such ballot-papers.46. Closing of polling station.
- These polling officer shall close the polling station each day at the hour appointed under the provisions of sub-rule (1) of rule 276 and no ballot-paper shall be issued to any elector after such hour, but all electors present at the place fixed for the poll before it is so closed shall be entitled to have their votes recorded :Provided that if for any reason it was not possible to open the polling station at the hour appointed under the provisions of sub-rule (1) of rule 26, or if by reason of disorder at the polling station, or for any other reason the polling was stopped for a certain time, the presiding officer shall keep the polling station open for a further period equal to the period that elapsed between the hour appointed for the opening of the polling station and the hour at which it was actually opened or the time during which polling was stopped as the case may be.47. Procedure at close of poll.
48. Fresh poll in case of destruction of ballot-boxes.
49. Adjournment of polling in emergencies.
50.
-A Intimation of time and place for counting of votes.- Where the counting of votes is to be done by the Returning Officer, he shall, at least seven days before the date or the first of the dates, fixed for poll, appoint the place or places where counting of votes will be done and the date and time at which counting will be done and shall give notice of the same in writing to each candidate or his election agent :Provided that if for any reason the Returning Officer finds it necessary and expedient to do so, he may alter the date, time and place so fixed and inform by giving notice of the same to each candidate or his election agent.50.
-B Appointment of counting agents and revocation of such appointment.50.
-C Admission to the place fixed for counting.51. Scrutiny and rejection of ballot-papers.
52. Counting of valid votes.
53. Declaration of elected candidates and procedure in case of equality of votes.
54. Return of result of election and publication of names of elected persons in Gazette.
55. Procedure when a candidate is elected by more than one constituency.
56. Custody, production and inspection of election papers.
57. Procedure for filling vacancy.
- When a vacancy occurs among the elected members of the Board by the death, resignation or removal of any member and a new member has to be elected in his place in accordance with the provisions of section 53 of the Act, such election shall be conducted in the manner prescribed in these rules for a general election and the programme of the election shall be framed as soon as may be convenient after the occurrence of the vacancy and the electoral roll in force under the provisions of rule 11 shall be deemed to be the electoral roll for the purpose of holding the election.58. Final authority for interpretation of these rules.
- If any question arises regarding the interpretation of these rules otherwise than in connection with an election petition which has actually been presented, the question shall be referred to the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] who may decide it himself, or if he thinks fit, may refer it to [the Central Government] [Substituted for the words 'the State Government' by Central Government Notification dated 26.7.1978.]. The decision of the [Chief Commissioner, Gurudwara Elections] [Substituted for the words 'Commissioner, Gurdwara Elections' by Central Government Notification dated 26.7.1978.] or the [the Central Government] [Substituted for the words 'the State Government' by Central Government Notification dated 26.7.1978.] as the case may be, shall be final.59. Repeal.
- The Sikh Gurdwaras Board Election Rules, 1954 are hereby repealed;Provided that any order made, notification issued or anything done or any action taken under any of the said rules shall be deemed to have been made, issued, done or taken under the corresponding provisions of these rules.Form I [Substituted by Notification No. G.S.R. 1005(E), dated 8.8.2017 (w.e.f. 16.7.1959).][Rule 3(1)]I __________ son of/ wife of/ Daughter of _____________ Age __________ Residence _____________ hereby declare that I| (b) FORM I-A (ForSehajdariSikh)[Rule 3(1)]I___________ son of/wife of/daughter of_________ Age_________ Residence__________ hereby declare that I am a Sehajdhari Sikh and I -(a) perform ceremonies according to Sikh rites;(b) do not use tobacco orkutha (Hala)meat, in any form;(c) do not use alcholic drinks;(d) an not a*patit;and(e) can recitemollmantar.Signature/Thumb Mark***Patitmeans a person, who beingKeshdhariSikh trims or shaves his beard orkeshasor who after taking Amrit commits any one or more of fourKurahits.[Section 2(11) of the Act].**In case of an illiterate he should repeat the declaration, as read out from the Form, and then thumb mark the Form [Proviso to rule 3 sub rule (1)](further declaration to be made by a Scheduled Caste applicant)I hereby declare that I am a member of the___________ caste which has been declare that I am a member of the_________ caste which has been declared to a Scheduled Caste under Article 341 of the Constitution.Signature/Thumb Mark |
| Serial No, | Thana and Village _____________ Town and Ward in which registration is claimed | Name, father's Name, age and occupation of claimant | Date of presentation of claim to authority to whom it is presented with initials of such authority | Date of decision, with note as to presence of parties | Decision________________ Admitted SignatureRejected ofRevisingAuthority | Signature of official by whom effect was given to the decision of the Revising authority and date | |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 8 | 9 |
| Person objected to be Registered | Name and decription and number of objector on roll | Date of presentation of objection to authority to whom it is presented with initials of such authority | Name of process server by whom duplicate sent to be served on person objected to and date | _________ Abstract of process server's report and date | __________ Date of decision with note as to presence of parties | Signature of Revising Authority Admitted/ Rejected | Decision______________ | Signature of official by whom effect was given to the decision of the Revising Authority and date | |||
| Serial No. | Thana and Village in ....... town and ward | Under name | With number on roll | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 11 | 12 | 13 |
1. Full name of proposer____________
2. Serial number of proposer in the electoral roll of the constituency in which the candidate is being nominated for election_________. and name of Thana or Zail/Patwar Circle.
__________________....................Town3. Name of the candidate's Father/Husband____________
4. Full postal address of candidate_________________
5. Constituency on electoral roll of which the candidate is registered as an elector___________________
6. Number of the candidate on the electoral roll of the constituency in which he is registered as elector_______ and name of Thana or Zail/Patwar Circle
---------------------,...................TownDate________________ *Signature of proposer_____________________*Signature includes thumb-impressionNote - This nomination paper will not be valid unless it is delivered by the candidate either in person or by his proposer or by an agent appointed by authority in writing signed by the candidate and verified by a Magistrate, sub-registrar, sarpanch, nayaye pradhan, lambardar or member of legislature or local body to the returning officer or other person authorised to receive it at his office within the prescribed time.(To be filled by the candidate)[Declaration] [Inserted vide MOH Notification No. G.S.R. 302(E), dated 30.3.1995.]I, the above-mentioned candidate, assent to this nomination and hereby declare -1.
2.
3.
etc.Dated _____________ Returning Officer.[FORM IV-C] [Forms IV-A to IV-F added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.][See rule 25-A(1)]Appointment of Election AgentToThe Returning Officer,-----------------------------I, _____________ son of _________ a candidate at the election of the membership of the Board do hereby appoint ________ son of ______________ of ___________ as my election agent from this day at the above election.Place ________________Date _________________ Signature of the Candidate.[FORM IV-D] [Forms IV-A to IV-F added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.][See Rule 25-A(2)]Revocation of appointment of Election AgentToThe Returning Officer,-----------------------------I, ___________ son of _________________ a candidate at the election of membership of the Board hereby revoke the appointment of Shri __________ son of __________ of ___________ my election agent.Place _____________________Date ______________________ Signature of the Candidate[FORM IV-E] [Forms IV-A to IV-F added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.][See rule 25-B(1)]Appointment of Polling AgentI, ______________ son of _________ of _________ candidate at the election of membership of the Board do hereby appoint _______________ (Name and address) _______ as a Polling Agent to attend Polling Station No. _____ at __________ place fixed for the poll at _______________.Place ___________________Date ____________________ Signature of the Candidate.I, ________ son of ______ of _______ agree to act as such Polling agent.Signature of the Polling Agent.Declaration of the Polling Agent to be signed before the Presiding Officer.I hereby declare that at the above election I will not do anything forbidden by Section 151 of the Sikh Gurudwara Act, 1925, which I have read/has been read over to me.Date _______________ Signature of the Polling Agent.Signed before me.Date ______________ Presiding Officer.[FORM IV-F] [Forms IV-A to IV-F added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.][See rule 25-B(3)]Revocation of appointment of Polling Agent.ToThe Presiding Officer,-----------------------I, _____ son of _____ a candidate at the election for the membership of the Board hereby revoke the appointment of _________ my polling agent.Place _________________Date ________________ Signature of the candidate.FORM V(Rule 41)Serial No__________Election for____________ Constituency____________Polling Station______________Name of voter______________No. in electoral roll___________Name of candidate or candidates for whom this is tendered.| Name of constituency | Name of voter | No. in electoral roll | Signature of voter, if literate, or thumb-impression, if illiterate, with his address |
| Name of constituency | No,on electoral roll | Name | Signature of voter,if literate, or thumb-impression, of voter,if illiterate | Name of identifier if any | Order of Presiding Officer (in each case) |
| ... | ... | Particulars | Serial No....., From To Total | |
| Received | ... | Non-reserved seat | ... | |
| Reserved seat | ... | |||
| Issued | ... | Non-reserved seat | ... | |
| Reserved seat | ... | |||
| Unissued | ... | Non-reserved seat | ... | |
| Reserved seat | ... | |||
| ________ | Total issued | Total returned spoilt | Balance total in ballotbox(es) | |
| Non-reserved seat | ... | |||
| Reserved seat | ... |
| _________ | Serial No. From to Total | ||
| Received | ... | ||
| Issued | ... | ||
| Unissued | ... |
| Total issued | Total returned spolit | Balance total in parcel |
| Name of the Counting agent | Address of the Counting Agent |
| 1 | |
| 2 | |
| 3 | |
| etc. | |
| We agree to act as such counting agents | Signature of candidate |
| 1 | |
| 2 | |
| 3 | |
| etc. |
1.
2.
3.
etc.Date ______________ Signature of Counting Agent(s).Signed before theDate _________ Assistant Returning Officer/Returning Officer.FORM VIII-B [Forms VIII-A and VIII-B added by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.][See rule 50-B(4)]Revocation of Appointment of Counting AgentElection to the Sikh Gurudwara BoardToThe Returning Officer,I, _____ son of ______ a candidate at the election of membership of the Board hereby revoke the appointment of ______ my counting agent.Place __________________Date _________________ Signature of Candidate.]Form IX[Rule 51(4)]Record of Rejected Ballot-PapersElection to the Sikh Gurdwaras Board from ________ ConstituencySerial number and name of Polling Station_____________________| Serial No. of entry | Serial No.of ballot-paper | Brief grounds of rejection | Serial No. of entry | Serial No. of the ballot-paper | Brief grounds of rejection |
| Serial No. | Name of candidate | Number of valid votes | Number of rejected votes | Total number of votes |
| Polling Station | Number of valid votes cast in favour of | Number of votes polled |
| ........ | ........... | REMARKS |
| Serial | Name | ABCD | Valid | Rejected | Total for Polling Station. |