Section 5 in Bihar Hindu Religious Trusts Rules, 1952
5.
The following procedure shall be followed in respect of election of members under clause 4(1) of these Rules, namely:-(a)The Returning Officer for the purpose of conducting election under this clause shall be the Commissioner of Patna Division.(b)The Returning Officer shall appoint-(i)the last date for making nominations, which shall be a date not later than the tenth day nor earlier than the seventh day of the date on which the order appointing such last date is published in the office of the Returning Officer.(ii)the date for the scrutiny of nominations, which shall be a date not later than the fifth day after the last date for making nominations;(iii)the last date for the withdrawal of candidatures, which shall be the third day after the date for the scrutiny of nominations;(iv)the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the thirtieth day after the last date for the withdrawal of candidatures;(v)a further date for the counting of votes which shall not be later than the seventh day after the date or the last date on which the poll is taken:Provided that if for some reasons the counting of votes is not completed on the date so fixed, the counting shall be continued on the following date or dates as the case may be, till it is completed.(c)The dates appointed under clause (b) shall be published in the office of the Returning Officer, in the office Board and in at least one issue of one English and one Hindi Daily printed and published in Bihar.(d)(i)On or before the date appointed under clause (b) (i) for making nominations, each candidate shall, either in person or by his proposer or seconder, between the hours of eleven O'clock in the forenoon and three O'clock in the afternoon deliver to the Returning Officer in his office a nomination paper completed in Form III subscribed by the candidate himself as assenting to the nomination and by two persons referred to in the clause (ii) as proposer and seconder.(ii)Any person whose name is registered in the electoral roll of the constituency may subscribe as proposer or seconder a nomination paper.(iii)Every nomination paper shall be accompanied by declaration in writing subscribed by the candidate himself that he is willing to serve on the Board if elected, and that he is a Hindu and no candidate shall be deemed to be duly nominated, unless such declaration is delivered along with the nomination paper.(iv)Any nomination paper received after three O'clock in the afternoon on the date appointed for the nomination of candidates shall be rejected.(v)The Returning Officer, on receiving a paper under clause (d)(i) shall inform the person delivering the same of the date, hour and place appointed for scrutiny of nomination and shall as soon as may be thereafter cause to be affixed in some conspicuous place in his office a notice of the nomination paper both of the candidate and of the persons who have subscribed the nomination paper as proposer and seconder.(vi)Any candidate may withdraw his candidature by notice in writing subscribed by him delivered to the Returning Officer before three O'clock in the afternoon on the date appointed for the withdrawal of candidatures. A candidate who has so withdrawn his candidature shall not be allowed to cancel the withdrawal or to be nominated as a candidate for the same election.(vii)The Returning Officer on receiving a notice of withdrawal under clause (d) (iv) shall, as soon as may be, cause a notice of withdrawal to be affixed in some conspicuous place in his office.(viii)At the time and place fixed by the Returning Officer for scrutiny of nominations, the candidates, and one proposer and one seconder of each candidate, and no other person, may attend, and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which may have been delivered within the time and in the manner laid down in these' Rules.The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination, and may, either on such objection or on his own motion, after such summary enquiry, if any, as he thinks necessary, refuse any nomination paper which involves infringement of any provision of these Rules. The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and such decision shall be final.(ix)On completion of scrutiny of nomination and after the expiry of the period within which the candidature may be withdrawn, the Returning Officer shall forthwith prepare a list of duly nominated candidates in Hindi in Devnagri script arranged in alphabetical order and cause it to be affixed in some conspicuous place in his office.(x)If there are only as many validly nominated candidates who have not withdrawn their candidatures, as have to be elected under clauses (b) and (c) of sub-section (1) of Section 8, they shall be declared to have been elected.(x)If the number of validly nominated candidates is more than the number to be elected, a poll shall be taken.(e)Not less then fifteen days before the date appointed for the poll, the Returning Officer shall send by registered post a ballot paper in Form IV to each elector.(f)(i)After recording his vote, the elector shall send the ballot paper by registered post to the Returning Officer so as to reach him not later than 5 O'clock in the afternoon of the date appointed for the poll, ballot papers received after that hour shall be rejected:Provided that the elector may, at his own option instead of sending the ballot paper by post, deliver it to the Returning Officer in person up to the aforesaid time.(ii)No election shall be invalidated by the reason that the ballot paper duly sent to an elector under these Rules has not been received by him.(g)Votes shall be counted by or under the supervision of the Returning Officer, and each candidate or one representative of each authorised in writing by the candidate shall have a right to be presented at the time of counting.(h)(i)The candidate receiving the highest number of votes (calculated according to the single transferable voting system) shall be declared to have been duly elected.(ii)When an equality of votes is found to exist between any of the candidates and the addition of one vote will entitle any of the candidates to be declared elected, the determination of the person to whom such one additional vote shall be deemed to have been given shall be made by lot to be drawn in the presence of the Returning Officer in such manner as he may determine.(iii)The Returning Officer shall report the name of the elected candidates to the State Government for publication in the Bihar Gazette as soon as the result of the election is declared.(i)An election petition against any candidate declared elected under the preceding Rule may be presented to the Returning Officer by any candidate or elector within fourteen days from the date on which the result of the election was declared. A petition presented after the expiry of the said period shall be rejected.(j)If the petition is not rejected under clause (i), an enquiry shall be held in respect of the petition by an authority specially appointed for the purpose by the State Government.(k)The election of the returned candidate shall be void. If the election has been procured or induced or the result of the elections has been materially affected by a corrupt practice, or the result of the election has been materially affected by the improper acceptance or refusal of any nomination or by the improper receiption or refusal of a vote, or the receiption of any vote, which is void, or by non-compliance with provisions of the Act or Rules made thereunder.(l)For the purpose of these Rules the expression "corrupt practice" shall have the same meanings as it has in connection with the election of State Legislature.(m)The authority appointed under clause (j) shall decide the election petition and his decision will be final.[Section 13 (3)]
