DELHI SIKH GURDWARA MANAGEMENT COMMITTEE (ELECTION OF PRO-TEMPORE CHAIRMAN , PESIDENT , OTHER OFFICE-BEARERS AND MEMBERS OF THE EXECUTIVE BO

1620 · GOVERNMENT OF INDIA DELHI ADMN .

1 · . Short title and commencement . -(1) These rulesjnay be called the Delhi Sikh Gurdwara Management Committee (Election of Pro-tempore Chainnan , President , other office-bearers and Members of the Executive Board) Rules, 1974 .

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

3 · . Election of a pro-tempore Chairman- At the first meeting of the Committee called by the Director under section 15 , the Director shall call upon the elected members present to elect from amongst themselves a pro-tempore Chairman of the meeting .

4 · . Nomination of candidates for election of pro tempore Chairman- Any member present may propose the name of any other member present to be a pro-tempore Chairman and when the proposal has been seconded , the Director shall enter the name of the person so nominated in the list of nominated candidates , provided the member so nominated signifies his assent to such nomination or has already signified such assent in writing to the Director .

5 · . Procedure in contested and uncontested elections - (I) If only one member is nominated , he shall be deemed to be elected and shall be declared by the Director to be the pro tempore Chairman of the meeting .

6 · . Counting of votes- (1) When all the members present who wish to vote , have recorded their votes in the manner prescribed in rule 5 , the Director shall count the votes recorded for each candidate or cause them to be counted under his supervision .

7 · . Election of President , other office bearers and member to the Board to take place in the order specifiedWhen office bearers and members of the Executive Board are to be elected at the first meeting of the Committee or at the subsequent annual general meeting under the provisions of section 16 , the election of the President shall first take place and then the election of the Senior Vice-President , Junior Vice-President , General Secretary and Joint Secretary and finally the election often members to the executive Board .

7A · . Appointment of Returning Officer:(I) The outgoing President shall summon the meeting of the general body for conducting the biennial election of the Executive Board not later than two months after the date of completion of two years ' tenure of the Executive Board under intimation to the Director for

8 · . Nomination of office-bearers; (1) When a member of die Committee is to be elected as President , Senior Vice-President , Junior Vice-President , General Secretary or Joint Secretary , die pro-tempore Chairman in die matter of election of President under section 16 (1) or section 16-A (1) of die Act and President in die matter of subsequent biennial elections or bi-election of President or in die mater of election of odicr office-bearers shall call upon the members present at die meeting to nominate candidates for the vacant office .

9 · . If only one candidate is nominated , he is to be declared elected -If only one member is nominated as a candidate under die provisions of rule 8 , he shall be deemed and shall be declared to have been elected as President , Senior Vice-President , Junior Vice-President , General Secretary or Joint Secretary , as the case may be .

10 · . Method of votingIf more tiian one member is duly nominated as a candidate under die provisions of rule 8 , the pro tempore Chairman of die meeting or die President or die Returning Officer , as die case may be , shall read out die list of duly nominated candidates and subject to die provisions of sub-section (ii) of clause (b) of section 4 , each member present at the meeting may write on a paper die name of die candidate whom he wishes to be elected and shall tiien fold up die paper and place it in a receptacle to be provided for die purpose:

11 · . Count of Votes -(1) When all die members present who wish to vote have recorded tiieir votes in die manner prescribed in rule 10 , die pro-tempore Chairman of die meeting or die President or die Returning Officer , as die case may be , shall count die votes recorded for each candidate or cause diem to be counted under his supervision .

12 · . Nomination of members to the Executive Board - (1) When members of the Executive Board are to be elected , the President or the Returning Officer , as the case may be , shall call upon the members to nominate candidates for election and any member of the Committee may propose the name of any other member of the Committee as a candidate for election and if any other member present seconds such a proposal and the member so nominated signifies his assent to such nomination or has already signified such assent in writing , the President or the Returning Officer , as the case may be , shall enter the name of the member so nominated in a list of nominated candidates;

13 · . If number of candidates is equal to the number of vacancies , such candidate to be declared elected - If the number of candidates nominated under the provisions of rule 12 is equal to the number of members to be elected , such candidates shall be deemed and shall be declared to have been elected members of the Executive Board .

14 · . If number of candidates is in excess of number of vacancies , a poll to be taken- (1) If the number of candidates nominated under die provisions of rule 12 is in excess of the number of members to be elected , the President or the Returning Officer , as the case may be , shall read out the list of duly nominated candidates and a poll shall be taken in the manner provided in rule 10 .

15 · . Return of results of election & election papers to be forwarded to Government(1) At the conclusion of any election under these rules , the pro tempore Chairman of the meeting or the President , as the case may be , shall forward to the Election Officer a return showing the names of persons elected as President , Senior Vice-President , Junior Vice-President , General Secretary or a Joint Secretary or members of the Executive Board , as the case may be , together with a sealed packet containing the list of duly nominated candidates prepared under the provisions of rule 8 or rule 12 the return prepared by him under the provisions of sub-rule (3) of rule 11 and or sub-rule (4) of rule 14 and the papers on which votes were recorded under the provisions of rule 10 or rule 14 and such packets shall be retained by the Election Officer , in his custody until the expiry of one year from the date of the election when its contents shall be destroyed subject to any direction to the contrary made by the competent court

15A · . Convening of special meeting :-On receipt of a written request from not less than thirty-four members of the Committee alleging gross violation of the provisions of the Act or financial irregularity or impropriety , the Government may direct the Director to conduct an enquiry into such allegations . If on the basis of the report submitted by the Directo* , the Government is satisfied that the allegations leveled in the request are prima-facie established , it may direct the Director to convene a special meeting of the Committee for the removal of the office-bearers and the members from their office in the Executive Board by a resolution under Section 17 of the Act and for a fresh election of the Executive Board . For the purpose of conducting elections of the Executive Board , the Director may appoint any officer of the Government of National Capital Territory of Delhi of the rank of at least an Additional District Magistrate as Returning Officer , subject to the Superintendence and control of the Director .

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

18 · . Additional contents of petition - (1) where the petitioner alleges any corrupt practice , an election petition shall , in addition to complying with the provisions of rule 17 also set forth full particulars of that corrupt practice including as full statements as possible of the names of the 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.

19 · . Relief that may be claimed by the petitioner- A petitioner may claim-

20 · . Petition to be dismissed - If the provisions of rule 17 or rule 18 or rule 32 are not complied with , the court shall dismiss the petition:

21 · . Procedure before the court -(I) 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 respondent (s) to appear before the Court and answer the claim made in the petition on a day to be specified therein .

22 · . Appearance before the courtAny appearance , application or act before the court may be made or done by die party in person or by a pleader duly appointed to act on his behalf:

23 · . Powers of the court -The court shall have the powers which are vested in a civil court when trying a suit in respect of the following matters: -

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

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

26 · . Procedure to the followed by the District Judge - The procedure provided in the Code of Civil Procedure Code 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 these rules .

27 · . Secrecy of voting not to be infringed- No witness or other person shall be required to state for whom he has voted at an election .

28 · . Decisions of the District Judge- (1) At the conclusion of the trial of an election petition the court shall make an order -

29 · . Procedure in case of equality of votesIf during the trial of an election petition it appears that there is an equality of votes between any candidates al the election and that the addition of a vote would entitle any of those candidates to be declared elected , then , the court shall decide between them by lot and proceed as if one on whom the lot falls had received the additional vote .

30 · . Orders as to costs -The court may , while making an order under rule 28 also fix thereby total amount of costs payable:

3 · 1 . Communication of order to the Director and transmission of the record of the case -The court shall , after announcing die order made by it under rule 28 , send a copy of die order and records of Uie case to the Director .

32 · . 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 him with die Director or any officer designated by him for the purpose , as security for the costs of the petition .

3 · 3 . 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 32 .

34 · . Payment of costs out of security deposit and return of such deposits(1) If in any order as to costs under provision of this Part , there is a direction for 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 die order of the court to the Director by the person in whose favour the costs have been awarded .

3 · 5 . Corrupt practices- the following shall also be deemed to be the corrupt practices: -