The Goa Panchayat (Election of Sarpanch and Deputy Sarpanch) Rules, 1997

cd191fc1f619234816faf0ee1e5acc36117726c3 · 1994 · Goa

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Parent: The Goa Panchayat Raj Act, 1994 (5a81924725426dc4fd1730a6d0d2b940d9864fc5)

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The Goa Panchayat (Election of Sarpanch and Deputy Sarpanch) Rules, 1997 _____ Department of Panchayati Raj and Community Development Directorate of Panchayats ______ Notification No. 7/DP/GP/ELECT/S&DS/96 Whereas the draft of the Goa Panchayat (Election of Sarpanch and Deputy Sarpanch) Rules, 1997, was published as required by sub-section (1) of section 240 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), at pages 591 to 594 of the Official Gazette, Extraordinary No. 3, Series I No. 41 dated 9-1-1997, under Notification No. 7/DP/GP/ELECT/S&DS/96 dated 7-1-1997, of the Department of Panchayati Raj and Community Development, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of fifteen days from the date of publication of the said Notification in the Official Gazette; And whereas the said Gazette was made available to the public on 9th January, 1997; And whereas no objections/suggestions have been received from the public on the said draft by the Government. Now, therefore, in exercise of the powers conferred by section 46 read with sub-section (1) of section 240 of the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), the Government of Goa hereby makes the following rules, namely:— CHAPTER-I Preliminary 1. Short title and commencement.— (1) These rules may be called the Goa Panchayat (Election of Sarpanch and Deputy Sarpanch) Rules, 1997. (2) They shall come into force at once. 2. Definitions.— In these rules, unless the context otherwise requires,— (a) “Act” means the Goa Panchayat Raj Act, 1994 (Act 14 of 1994); (b) "Election" means an election to elect a Sarpanch and/or Deputy Sarpanch of a Panchayat; (c) "Presiding Officer" means and includes the Officer appointed by the Director for the purpose; (d) “Section

Rule TOC

1 · Short title and commencement.— (1) These rules may be called the Goa Panchayat (Election of Sarpanch and Deputy Sarpanch) Rules, 1997.

2 · Definitions.— In these rules, unless the context otherwise requires,—

3 · Meeting for election of Sarpanch and/or Deputy Sarpanch.— The election of Sarpanch and/or Deputy Sarpanch of a Panchayat shall be held in the Office of the Panchayat at a meeting of the members of the Panchayat specially convened for the purpose by the Government and presided over by the Presiding Officer as specified by the Government in this behalf.

4 · Date of meeting.— On being informed of the date fixed for the first meeting of the Panchayat under sub-section (1) of section 46 of the Act, the Presiding Officer appointed for the purpose shall fix the hour of the meeting and communicate it to the Panchayat members and the Secretary of the Panchayat.

5 · Notice of meeting.— (1) The Presiding Officer shall give to the Panchayat members and the Secretary of the Panchayat three clear days notice of the meeting referred to in rule 4.

6 · Filing of nomination.— (1) The nomination of every candidate for the post of Sarpanch and/or Deputy Sarpanch shall be made before the Presiding Officer by means of a nomination paper in the form as specified in FORM I hereto.

7 · Scrutiny of nomination papers.— (1) On the date appointed for the scrutiny of nominations, the candidate, his proposer and seconder may attend at such place and time as is specified in the notice, for the scrutiny of nomination papers and the Presiding Officer shall give such persons all reasonable facilities to examine the nomination papers of all the candidates which have been received as aforesaid.

8 · Publication of the list of nominated candidates.— The Presiding Officer shall, before the time fixed for the meeting for election, cause to be published a list containing the name of the validly nominated candidates in the form as specified in FORM III hereto, by affixing it on the Notice Board of the Panchayat.

9 · Withdrawal of candidature.— A candidate may withdraw his candidature by giving a notice in writing to that effect to the Presiding Officer within the time limit as specified in clause (c) of sub-rule (1) of rule 5. The notice of withdrawal shall be as specified in FORM IV hereto.

10 · Procedure after publication of the list of validly nominated candidates.— (1) If, there remain after withdrawal, only one duly nominated candidate, there shall be no voting and such candidate shall be declared to have been duly elected as the Sarpanch and/or Deputy Sarpanch of the Panchayat, as the case may be.

11 · Voting and result of election.— (1) The Presiding Officer shall cause such arrangements to be made so as to ensure the secrecy of the ballot, referred to in sub-rule (2) of rule 10.

12 · Validity of the Ballot paper.— Any Ballot paper which bears any mark or signature of any of the voting member by which the voter may be identified or on which the mark (x) is placed against more than one name or in an ambiguous manner or which does not bear the Official seal and signature referred to in sub-rule (2) of rule 11, shall be invalid.

13 · Preparation of record of proceedings and publication of result of election.—

14 · Packing and preservation of election record.— (1) The Presiding Officer shall then make packets, of the Ballot papers and other papers relating to the election, seal up the packets and note thereon a description of the contents, the election to which they relate and the date thereof, and send the same to the Director.

15 · Adjourned meeting.— If, at a meeting called for the election of a Sarpanch and/or Deputy Sarpanch, as the case may be, no Sarpanch and or Deputy Sarpanch is elected for any reason whatsoever, the Presiding Officer shall adjourn the same to another date to be notified by the Government in due course.

16 · Dispute regarding election.— (1) In the event of a dispute arising as to the validity of the election of the Sarpanch and/or the Deputy Sarpanch, as the case may be, the dispute shall be referred to such authority as may be specified by the Government under sub-section (5) of section 46 of the Act and the decision of such authority thereon shall be final:

1 · [17. Filling up of casual vacancies of Sarpanch and/or Deputy Sarpanch.— (1) A casual vacancy in the office of the Sarpanch and/or Deputy Sarpanch as the case may be, shall be filled within such period or such date as fixed by the Director under sub-section (3) of section 53 of the Act in accordance with the provisions of the Act.

1 · Inserted by 1st Amendment Rules, 1997 published in O. G., Series I No. 36 (Extraordinary No. 2) dated 4-12-96.