DELHI SIKH GURDWARA MANAGEMENT COMMITTEE (CO-OPTION OF MEMBERS) RULES , 1974

1 · . Short title and conimenccmcnt.-(l) These rules may be called the Delhi Sikh Gurdwara Management Committee (Co-option of Members) Rules , 1974 .

2 · . Definition: In these rules , unless the context omerwise requires-

3 · . Co-option of members.-(I) At the meeting of the elected members , convened by the Director under section 14 , the Director shall proceed for the co-option of-

4 · . Attendence of members: The Director shall record the attendence of the members present in the meeting and no elected member shall be admitted to the meeting after commencement and during the proceeding for co-option under sub-clause (iv) of clause (b) of section 4 .

5 · . Procedure of co-option under sub-clause (ii) and (iii) of clause (b) of section 4:- The Administrative Officer of the Delhi Sikh Gurdwara Board and after the constitution of the Delhi Sikh Gurdwara Management Committee , of such Committee shall communicate in writing:

6 · . Register of Presidents of registered Singh Sabhas:(1) For the purpose of co-option of member (s) from amongst the Presidents of the registered Singh Sabhas of Delhi -

7 · . Objection to a name in the List.(1) An objection , to any name in the list , whether the person is qualified or not qualified shall lie to the Election Officer:

8 · . Display of LisL- (1) if intimation of any change in the list of Singh Sabha(s) and or the Presidents) thereof is received from the Registrar , Firms and Societies after the publication of the list in Form C-II under clause (ii) of sub-rule (4) of rule 6 , the Election Officer shall , if necessary soon after the publication of the list under sub-clause (ii) of clause (a) of sub-rule (11) of rule 7 , display on the notice board of bis office , a list in Form C-II-A , containing the names of such Presidents of die registered Singh Sabhas of Delhi and send a copy to the Delhi Sikh Gurdwara Board and after the constitution of the Committee , to the office of the Committee for display at the notice board of die Board/Committee .

9 · . Disposal of objection by the Director.(1) If any objection is raised in the meeting called under section 14 wiui regard to any name entered in the list C-II-A , the Director shall dispose of the objection and in doing so he may hold a summary enquiry and shall record his decision thereon and integrate the names entered in C-II-A , in accordance wim his orders , in the list in Form C-II-B prepared under sub-rule (1 l)(b) of rule 7 .

10 · . (I) The Director or any ouier Officer/official aumorised by him shall-

11 · . Appointment of dates for nomination , etc -For the Election of two members under sub-clause (iv) of clause (b) of section 4 , the Director shall by notification in the Delhi Gazette , appoint-

12 · . Nomination paper.(1) on the issue of a notification under rule 11 , the Director shall give public notice of the intended election in Form C-XII , inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered , which shall be published by displaying it at the notice board of his office and copy of which shall be forwarded to the office of the Delhi Sikh Gurdwara Board , and after the constitution of the Committee to the office of the Committee , for the information of the elected members of the Committee by its display on its notice board .

12 · A . The elected members subject to preventive detention , shall , subject to their fulfilling the requirements bere-in-after specified , be entitled to vote through special arrangement

12 · B

12 · C (1) A ballot paper shall be sent by special arrangement as may be decided , to the elector together with: -

12 · D . (1) An elector under preventive detention who has received a ballot paper in accordance with the instructions contained in part I of Form C-XXVN and then enclose it in the cover in Form C-XXV .

12 · E . (1) If an elector is unable through blindness or other physical infirmity to record his vote on a ballot paper and sign the declaration , he shall take the ballot paper , together with the declaration and the cover received by biro to an officer competent to attest his signatures under sub-rule (2) of rule 12-D and request the officer to record his vote and sign the declaration on his behalf. f.

12 · F (I) When a ballot paper and other papers sent under rule 12 C are for any reason returned undelivered in sufficient time , the Director may re-issue them or cause them to be delivered to the elector personally by special arrangement on a request being made by him .

12 · G . (I) After an elector has recorded his vote and made his declaration under rule 12-D or rule 12-E , he shall return the ballot papers and declaration to the Director in accordance with the instructions communicated to him in Part-II of Form C-XXVII so as to reach the Director before the hour fixed for the commencement of poll on the date fixed for the poll .

12 · H . (1) The Director shall after the poll is over first deal with the postal ballot papers in the manner hereinafter provided .

13k · The Director shall at the meeting convened under section 14 proceeds for the co-option of a member/members from amongst the contesting candidates in the manner prescribed by these rules .

14 · . Death of contesting candidate before poll . -If a contesting candidate dies after the publication of the list in Form C-XVIH and the report of his death is received before the commencement of tie poll and the Director is satisfied of the fact of the death of the candidate , proceedings shall be taken in accordance with provision of rule 15 .

15 · . Procedure in contesting and uncontested elections . -(1) If the number of contesting candidates is two or if in case of casual vacancy/vacancies Ihe number of such candidate (s) is equal to the number of vacancy/vacancies , the Director shall announce the name (s) of such candidate (s) and declare him/them in the meeting to be duly co-opted .

16 · . Inspection of ballot box . -(1) when the meeting reassembles , the Director shall immediately before the commencement of the poll , allow the members to inspect the ballot box to be used at the poll and demonstrate it to them that it is empty .

17 · . Ballot paper . -Every ballot paper shall contain the names of the candidates in alphabetical order .

18 · . Conduct of Election . -(1) The election shall be conducted by the method of proportional representation by means of a single transferable vote as described in these rules .

19 · . Vote . -(1) every elected member shall have only one vote at an election irrespective of the number of seats to be filled .

20 · . Issue of ballot papers to electors . -(1) Every ballot paper before it is issued to an elected member shall be serially numbered , stamped on the back with such distinguishing mark as the Director may decide and every ballot paper , before it is issued , shall be signed in full on its back by the Director .

2 · 1 . Voting: -(1) when an elected member has received a ballot paper , he shall signify in the manner provided by these rules , for whom he desires to vote .

22 · . Preferences to be exercised: -An elected member in giving his vote: -

23 · . Manne r of recording of votes: - Every elected member on receiving a ballot paper shall forthwith-

24 · . Recording of vote of blind or infirm elected memberIf an elected member is unable through blindness or other physical infirmity to record his vote without assistance , the Director shall permit the elected member to take with him a companion of not less than twentyone years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wish and if necessary for folding die ballot paper so as to conceal die vote and inserting it into the ballot box:-

25 · . Director's entry into the polling compartment during the poll (1) If the Director has reason to suspect that an elected member who has entered a voting compartment has remained therein unduly long , he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and prompt running of the poll .

26 · . Spoilt and returned ballot papersIf an elected member inadvertently spoils a ballot paper he may return it to the Director who shall , if satisfied of such inadvertence give him another ballot paper and retain the spoiled paper , and this spoiled paper shall immediately be cancelled .

27 · . Invalid ballot paperA ballot paper shall be invalid on which-

28 · . Scrutiny and opening of ballot box (es) . -(I) As soon as the poll is over the Director shall:

29 · . Arrangements of valid ballot papers in parcels . - after rejecting the ballot papers which are invalid , the Director shall -

30 · . Counting of votes where only one seat is to be filled . - (1) At any election where only one seat is to be filled , every valid ballot paper shall be deemed to be of the value of 1 at each count , and die quota sufficient to secure die return of a candidate at die election shall be determined as follows: -

31 · . Ascertainment of quota . - Al any election where more than one seat is lo be filled, every valid ballot paper shall be deemed to be of the value of 100 . and the quota sufficient to secure the return of a candidate at the election shall be determined as follows: -

32 · . General instructions . - In carrying out the provisions of rule 33 to 37 the Director shall disregard all fractions and ignore all preferences recorded for candidates already elected or excluded from the poll .

33 · . Candidates with quota elected . - If at the end of any count or at the end of the transfer of any parcel or sub-parcel of an excluded candidate the value of ballot papers credited to a candidate is equal to , or greater than the quota , that candidate shall be declared elected .

34 · . Transfer of surplus . - (1) If at the end of any count the value of ballot paper credited to a candidate is greater than the quota , the surplus shall be transferred , in accordance with the provision of this rule , to the continuing candidates indicated on the ballot papers of that candidate as being next in order of the elector's preference .

3 · 5 . Exclusion of candidates lowest on the poll . -(1) If after all surpluses have been transferred as herein before provided , the number of candidate elected is less than the required number , the Director shall exclude from the poll the candidate lowest on the poll and shall distribute his unexhausted papers among the continuing candidates according to the next preference recorded thereon : and any exhausted papers shall be set apart as finally dealt with .

36 · . Filling the last vacancies . -(1) when at the end of any count the number of continuing candidates is reduced to the number of vacancies remaining unfilled , the continuing candidates shall be declared elected .

37 · . Provision for re-count . -(I) Any elected member proposing a candidate may , at any time during the counting of the votes , either before the commencement or after the commencement or after the completion of any transfer of votes (whether surplus or otherwise) , request the Director to re-examine and re-count the papers of all or any candidates (not being papers set aside at any previous transfer as finally dealt with) and the Director shall forthwith re-examine and recount the same accordingly .

38 · . Result - Upon completion of the counting , the Director shall , subject to the provisions of sub-rule (3) of rule 36 , announce the result of election after recording the same in Form C-XX3I .

39 · . Publication . - The Director shall as soon as possible after the announcement of co-option of a candidate under rule 15(1) or rule 30(2) or rule 33 or rule 36(1) or rule 36(2) or rule 36(3) cause to be published in the Delhi Gazette , the declaration (s> containing the name(s) of the person(s) co-opted as the members) under sub-clause (iv) of section 4 .

40 · . Admission to the place of polling . - The Director shall exclude from the place of polling all persons except-

41 · . Counting of votes by or under supervision of the Director . - Notwithstanding the provision of the proceeding rules at every co-option where a poll is taken , (1) votes shall be counted by or under the

42 · . Extension of time for completion of election . -It shall be competent for the Director for reasons which he considers sufficient to extend the time for the completion of any co-option by making necessary amendments in the notification issued under rule I I .

43 · . Custody of papers . -The ballot box (es) , the ballot papers used , unused or rejected duly sealed in packets , the list C-II-B of the President of the registered Singh Sabhas of Delhi , the slips for the draw of lots duly sealed in packets and all other papers relating to the co-option shall be made over to the Election Officer an d shall thereafter be kept for diree months by him unless their retention for a longer period is necessary .

44 · . In this part , unless the context otherwise requires-

45 · . Omitted

46 · . Additional contents of petition -(1) Where the petitioner alleges any corrupt practice , such petition aboil , in addition to complyins with the provisinnx if ^fv-iion 15 of Delhi Municipal Corporation Act . 1957 .also set forth full particulars of that corrupt practice including as full statements as possible of the names of <be parties alleged to have committed such corrupt practice and the date and place of the commission of each corrupt practice and shall also be accompanied by an affidavit in the prescribed form in support of such corrupt practice and the particulars thereof. f.

47 · . Omitted

48 · . Petition to be dismissed -if the provisions of rule 46 or rule 60 are not complied with , the court shall dismiss the election petition .

49 · . Procedure before the court -(1) As soon as the court receives the petition , it shall serve on each respondent a notice in such form as it thinks fit directing the respondents) to appear before the court and answer the claim made in the petition on a day to be specified therein .

50 · . Appearance before the court . -Any appearance , application or Act before the court may be made or done by the party in person or by a pleader duly appointed to act on diis behalf. f.

51 · . Power of the court t the Court shall have the powers which are vested in a Civil Court when trying a suit in respect of the following matters: -

52 · . Omitted

53 · . Documentary evidence- notwithstanding anything contained in any other law to the contrary , no document shall be inadmissible in the evidence at the trial of an election petition on the ground that it is not duly stamped or registered .

54 · . Omitted

55 · . Secrecy of voting not to be infringedNo witness or other person shall be required to state for whom he has voted at such co-option .

56 · & 57

58 · . Order as to costs . -The court may , while making an order under section 19 of the Delhi Municipal Corporation Act , 1957 also fix thereby total amount of costs payable:

59 · . Communication of order to Director and Transmission of the record of the case: -The court shall after announcing the order made by it under section 19 of Delhi Municipal Corporation Act , 1957 , send a copy of the Order to the Director .

60 · . Deposit of security -(1) the petitioner shall enclose with the petition a receipt showing that a deposit of five hundred rupees has been made by hira with the Director or any officer designated by him for the purpose as security for the costs of the petition .

61 · . Costs . -Costs , including pleader's fee , shall be in the discretion of the court and shall be paid out of the security deposit provided for in rule 60 .

62 · . Payment of cost— (1) If in any order as to costs under the provision of this part , there is a direction for the payment of costs by any party to any person , such costs shall , if they have not been already paid , be paid in full , or so far as possible , out of security deposit made by such party under this part on an application made in writing in that behalf within a period of six months from the date of the order of the court to the Director by the person in whose favour the costs have been awarded .

63 · .

64 · to 66 .

67 · . Penalty for disorderly conduct in or near poling station: (1) No person shall , on the date or dates on which a poll is taken at the polling station: -

2 · . Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub-rule (I) shall be punishable with imprisonment for a term , which may extend to three months , or with fine or with both .

3 · . If the Director has-reasons to believe that any person is committing or has committed an offence punishable under this rule , he may direct any police officer to arrest such person , and thereupon the police officer shall arrest him .

4 · . Any police officer may take such steps and use such force , as may be reasonably necessary for preventing any contravention of die provisions of sub-rule (1) and may seize any apparatus used for such contravention .

5 · . An offence punishable under this Section shall be cognizable .

68 · TO 71 .

26 · DELHI GAZETTE EXTRAORDINARY IPARTIV

1 · .

00 · (and so on)

6 · (4) of the Singh Sabha President

34 · DELHI GAZETTE EXTRAORDINARY | PART IV

2 · . (Name) (Address)

1 · . Name of Candidate's father/husband

2 · . Full postal address of candidate

1 · have examined this nomination paper in accordance with sub-rule (7) of rule 12 of the Delhi Sikh Gurdwara Management Committee (co-option of members) Rules , 1974 , an d decide as follows: -

1 · . ac

1 · . Candidate .

2 · . Candidates piopuscr wlw has been authorised In writing bv the candidate to deliver it

1 · 2 3

1 · . Vote by placing the figure 1 in the space opposite the name of the candidate for whom you wish to vote . Place the figure I opposite the name of one candidate only (although 2 'member (s) are to be elected .

2 · . You may indicate your relative preference for the other candidates by placing in the spaces opposite their names the figures 2 , 3 , 4 etc . in order of such preference . The number of preferences is not strictly restricted to the number of vacancies .

3 · . Do not place more than one figure opposite the name of any candidate .

4 · . Do not place the same figure opposite the name of more candidates than one .

5 · . The vote will be rejected if figure "1 " is placed opposite the name of more than one candidate .

1 · . (Name) "(Address)

1 · have been elected as member of the said Committee in the general elections/ bye election held in , 200... . from Ward no . (Name)

1 · am satisfied that the elector * is illiterate/suffers from ; (infirmity) and is unable to record his vote himself or sign his declaration;

1 · . The number of members to be elected is _ .

3 · . You may indicate your relative preference for the other candidate by placing in the spaces opposite their names the figures 2,3,4 etc . in order of such preference .

4 · . Do not place more than one figure opposite the name of any candidate and do not place the same figure opposite the names of more candidates than one .

5 · . An elector under preventive detention shall obtain the attestation of his signatures on the declaration in Form C-XXTV by the Superintendent of the Jail or the Commandant of the detention camp , in which be is under detention .

1 · . After you have recorded your vote on the ballot paper , place the ballot paper in the small cover marked 'A ' sent herewith . Close the cover and secure it by seal or otherwise .

2 · . You have then to sign the declaration in Form C-XXJV also sent herewith , in the presence of an officer competent to attest your signatures . (See direction 5 above) . Take the declaration to any such officer and sign it in his presence after he has been satisfied about your identity . The Officer will attest your signatures and return the declaration to you . You must not show your ballot paper to the attesting officer nor tell him how you have voted .

3 · . If you are unable to mark the ballot paper and sign the declaration yourself in the manner indicated above by reason of illiteracy , blindness or other infirmity , you are entitled to have your vote marked and the declaration signed on your behalf by an officer mentioned in item 2 . Such an officer will at your request mark the ballot paper in your presence and in accordance widi your wishes . He will also complete the necessary certificate in this behalf. f.

4 · . After your declaration has been signed and your signature has been attested in accordance with item 2 or item 3 , place the declaration in Form C-XXIV as also the smaller cover marked 'A ' containing the ballot paper , in Ule larger covci mdikcd D" . After closing tho larger cover , send it to th« Director by registered post or by messenger .

5 · . You must ensure that the cover reaches the Director before* on (date) .

6 · . Please note that:

7 · . Any ballot paper on which the figure I is not marked or on which the figure I is set opposite the name of more than one candidate or is so placed as to render it doubtful to which candidate it is intended to apply , or on which the figure I and some other Figure are set opposite the name of the same candidate or on which the same figure is set opposite the name of more candidate than one , or on which the signatures of the elector is not duly attested or the number of which does not agree with the number of the ballot paper entered on the cover in which it is placed , will be rejected .

15 · . Election petitions - (1) No co-option of a member shall be called in question except by an election petition presented to the Court of the District Judge of Delhi within fifteen days from the date of the publication of the result of co-option under sub- rule (4) of rule 5 , sub-rule (4) of rule 10 and rule 39 of the Delhi Sikh Gurdwara Management Committee (co-option of members) , Rules , 1974 , as the case may be .

1908 · (5 of 1908) for the verification of pleadings

17 · . Grounds for declaring elections to be void - (1) Subject to the provisions of sub-section (2) , if the court of the District Judge is of the opinion-

1971 · or of any rules or orders made thereunder;

18 · . Procedure to be followed by the district judge - The procedure provided in the Code of Civil Procedure , 1908 (5 of 1908) , in regard to suits shall be followed by the court of the district judge as far as it can be made applicable in the trial and disposal of an election petition under the Delhi Sikh Gurdwaras Act , 1971 .

19 · . Decision of the district judge - (1) At the conclusion of the trial of an election petition , the court of the district judge shall make an order -

20 · . Procedure in case of equality of votes- If during the trial of an election petition it appears that mere is an equality of votes between any candidates at die co-option and diat the addition of a vote would entitie any of those candidates to be declared co-opted , then die court of die district judge shall decide between diem by lot and proceed as if me one on whom die lot falls had received an additional vote .

22 · . Corrupt practice - The following shall be deemed to be corrupt practices for me purposes of die Delhi Sikh Gurdwaras Act , 1971 .

24 · . Officers et c at elections not to act for candidates or to influence voting - (1) No person who is election officer or an officer or clerk appointed by the Director to perform any duty in connection with co- option or a member of a police force , shall in the conduct or management of the co-option do any act (other than the giving of votes) for the furtherance of the prospects of the co-option of a candidate .

27 · . Penalty for misconduct at the polling station - (1) Any person who during the hours fixed for the poll at any polling station , misconducts himself or fail to obey the lawful directions of the Director , may be removed from the polling station by the Director or by any police officer on duty or by any person authorized in this behalf by the Director .

28 · . Breaches of official duty in connection with co-option- (1) If any person to whom this section applies , is without reasonable cause guilty of any act or omission in breach of his official duty , he shall be punishable with fine , which may extend to five hundred rupees .

29 · . Removal of ballot papers from polling station to be an offence - (1) Any person who at an co- option fraudulently takes or attempts to take a ballot paper out of a polling station , or willfully aids or abets the doing of any such act , shall be punishable with imprisonment for a term which may extend to one year; or with fine which may extend to five hundred rupees , or with both .

30 · . otbc r oircnccj ami penalties iiicicfur- (I) A person snail be guilty of an electoral offence if at any co-optiontie-