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

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

3 · Election ol a pro-tempore Chairman- At the first meeting of the Committee called by the Director under section [S, the Director shall call upon the elected members present t0 elect from amongst themselves & pro-tempore Chairman of the meeting:

5 · Procedure in contested and uncontested elections (1) If only one member is nominated, he shall be dcemed to be elected and shall be declared by the Director to be the pro tempore Chairman of the meeting

6 · Counting of votes- When all the members present wbo wish to vote, have recorded thcir votes in the manner prescribed in nule 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 membcr t0 tbe Board t0 take place in the order spccificd - When office bcarers and members of ihe Exccutive Board are to be elected at the first mceting of the Committee or at the subsequent annual general mecting under the provisions of section [6, the election of the President shall first take place and then the election of the Senior Vice-PresidentJunior Vice-President General Secretary and Joint Secretary and finally the election of ten members to the executive Board

74 · Appointment of Returning Officer:- 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 olfice-bearers; (1) When a member of the Committee is to be elected as President Senior Vicc-President Junior Vice-President General Secretary Or Joint Secretary, the pro-tempore Chairman in the matter of election of President under section 16 (I) Or section 16-A (I) of the Act and President in the matter of subsequent biennial elections or bi-election of President or in the mater of election of othcr officc-bcarcrs shall call upon the members present at the meeting to nominate candidates for the vacant office:

9 · Hf only one candidate is nominated, he is to be declared elected- If only one member is nominated as a candidate under the provisions of rule 8, he shall be deemed and shall be declared t0 have been elected as President Senior Vice-President, Junior Vice-President General Secretary or Joint Sccretary, as the case may be.

10 · Method of voting- If more than one member is duly nominated as a candidate under the provisions of rule 8, the pro tempore Chairman of the meeting Or the President orthe Retuming Officer; as the case may be, shall read out the list of duly nominated candidates and subject t0 the provisions of sub-section of clause (6) of section 4, each member present at the meeting may write On & paper the name of the candidate whom he wishes to be elected and shall then fold up the papcr and place it in a receptacle to be provided for the purpose:

13 · If number of candidates is cqual t0 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 t0 be elected such candidates shall be deemed and shall be declared to have been elected members of the Executive Board

14 · If number 0f candidates is in excess of numbcr of vacancies, poll to be taken- (1) If tbe number of candidates nominated under the provisions of rule [2 is in excess of the number of members t0 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 t0 be forwarded t0 Government- (I) At the conclusion of any election under these ules, the pro tempore Chairman of the meeting Or the President as the case may be, shall forward t0 the Election Officer a retum showing the names of persons clccted as President Senior Vice-President Junior Vice-President Gencral Sccrctary or Joint Secretary or memberjy of the Executive Board as the case may be, together with a sealed packet containing the list of duly nominated cndidates prepared under the provisions of rule 8 or mule 12 the retur prepared by him under the provisions of sub-rule (3) of rule [ and or sub-rule (4) of rule 14 and the papers on which votes were recorded under tbe provisions of rule [0 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 t0 the contrary made by the competent court

154 · 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 Director; the Govemment is satisfied that the allegations leveled in the request are prima- facie established, it may direct the Dircctor t0 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 _

18 · Additional contents of petition wbere 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 corupt practice including as full statements as possible of the names of the parties alleged to bave 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

20 · Petition t0 be dismissed If the provisions of rule [7 or rule |8 or rule 32 are not complied with, the court shall dismiss the petition:

22 · 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 his behalf:

2 · 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 the 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 count 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 ofan 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.

29 · Procedure in case of equality of votes- If during the trial of an election petition it appears thar there iS an equality of votes between ay candidates at the election and that the addition of vote would entitle any of those candidates to be declared elected , then, the court shall decide betwcen 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 a order under rule 28 also fix thcreby total amount of costs payable:

31 · Communication of ordcr to thc Dircctor and transmission 0f the rccord 0f the case - The court shall, after announcing the order made by it under rule 28, send a copy of the order and records of the case to thc Director.

32 · Deposit of sccurity (1) The petitioner shall enclose with the petition a receipt showing that a deposit of five hundred rupces has been made by him with the Director or any oflicer designated by him for the purpose, as sccurity for the costs of the petition

33 · 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 0f 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 bave 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 t0 the Director by the person in whose favour the costs have been awarded