DELHI SIKH GURDWARA MANAGEMENT COMMITTEE (ELECTION OF MEMBERS) RULES, 1974.

3 · Supcrintendence and control of elections - Subject to the superintendence, direction and control of the Director; the election officer shall co-ordinate and supervise all work in the Union Territory of Delhi in connection with the conduct of elections to the Committee.

5 · Assistant Returning Officers- (I) The Director may appoint one or more persons to assist any Retuming Officer in the performance of his functions:

7 · Polling Stations for Wards - The Election Officer shall, with the previous approval of the Director provide a suflicient number of polling stations for each ward and shall publish, in such manner as the Directa may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.

8 · Presiding Olficers for Polling Stations - (I) The Election Officer shall appoint & presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has bcen employed by Or on behalf of _ or has been Othenwvise working for candidate in or about the election:

9 · General duty of the presiding oflicer - It shall be the general duty of the presiding officer at a polling station to keep order thereat and t0 see that the Poll _ is fairly taken.

10 · Duties of a polling officer - It shall be the duty of the polling officer at a polling station to assist the presiding officer for such station in the performance ofhis functions

13 · Public notice of elcction - On the issue of a notification under rule 12, the returning officer for the ward shall give public notice of the intended election in Form -[inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered which shall subject to any directions of the Director; be published in such manner as the Retuming Officer thinks fit

14 · Symbols: (1) The Director shall, by notification in the Delhi Gazette, specify the reserved symbols to be allotted to the recognized religious parties recognised under sub-rule (3) and the free symbols to be allotted to other candidates who are not set up by any recognised religious party at elections and the conditions for allotment of Symbols.

15 · Nomination of candidates {0r ekection - Any person may be nominated aS & candidate for election to fi}l & seat if he is qualified to be chosen to fill that seat under the provisions of the Act

16 · Presentation of nomination paper and requirements for a valid nomination - (1) On or before thc date appointed under clause (a) of rule 12, each candidate shall either in person or by his proposer between the hours of eleven Oclock in the forenoon and three Oclock in the afternoon deliver t0 the returning oflicer at the place specified in this behalf in the notice issued under rulel3,a nomination paper completed in Form 2 and subscribed by the candidate himself as assenting to the bomination and signed by an elector of the ward as proposer:

17 · Dcposit - (1) A candidate shall not be decmed to be duly nominated for election from a ward unless he deposits or causes to be deposited a sum of five thousand rupees

18 · Notice of nomination and the time and place for their scrutiny_The Retuming officer shall o receiving the nomination paper under sub-nule (I) of mule 16 infor the person or persons delivering thc same of the date, time and place fixed for the scrutiny obnominations and shall enter on the nomination papar its serial number; and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered t0 him; and shall as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice in Form 3 of the nomination containing description similar to those contained in the nomination paper; both of the candidate and of the proposer.

19 · Scrutiny of nominations- (I) On the date fixed for the scrutiny of nominations under rule 12 the candidates, their election agents, one proposer of each candidate, and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as has been specified in the notice issued under rule 13 and the Returning Officer shall give them all reasonable facilities for examining

20 · Withdrawal of candidature (1) Any candidate may withdraw his candidature by a notice in writing in Fomm $ which shall be subscribed by him and delivered before three Oclock in the aftemoon on the day fixcd under clause (c) of rule 12 t0 the Retuming Officer either by such candidate in person or by his proposer or election agent who has been authorised in this behalf in writing by such candidate:

21 · Preparation of list of contesting candidates- (1) Immediately after the expiry of the period within which candidature may be withdrawn under sub-rule (T) of rule 20, the Returning Officer shall prepare in Form 7 a list of the contesting candidates, that is to say, candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidatures within the said period.

22 · Publication of list of contesting candidates-(I) The returning officer shall, immediately after its preparation, cause a copy of the list of contesting candidates to be affixed in some conspicuous place in his office.

23 · Election agents. A candidate at an election may appoint any one person other than himself to be his election agent and every such appointment shall be made in Fom 8 When any such appointment is made; the notice of the appointment shall be given by fonwarding the same in duplicate t0 the Returning Officer who shall retum one cOpy there of to the election agent after affixing thereon his seal and signature in token ofhis approval of the appointment.

24 · Disqualification for being an clection agent- Any person who is for the time being disqualified under the Act for voting at elections, shall SO long as the disqualification subsists also bc disqualified for being an election agent at any election

25 · Revocation of the appointment or death, of an election agent_ Any revocation of the appointment of an election agent shall be made in For 9 and shall be signed by the candidate, and shall operate from the date on which it is lodged with the Retuming Officer:

26 · Functions of election agents- An election agent may perform such functions in connection with the election as are authorised by or under these rules to be performed by an election agent

27 · Appointment of polling agents- (I) A contesting candidate or his election agent may appoint one agent and two relief agents to act as polling agents of such candidate at each polling Station and every such appointment shall be made in For 10 and shall be made over to the polling agent for production at the polling station

28 · Appointmena of counting agents A contesting candidate or his election agent may appoint in the prescribed manner one or more personsbut not exceeding such number as may be prescribed by these rules t0 bo prosent 45 bis counting agcnt or agcnts at thc counting of votcs, and whcn any such appointment is made notice of the appointment shall be given in the prescribed manner t0 the Returning Officer:

29 · Rcvocation of the appointment or dealh of a polling agent or counting agent- (1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent in Form 1 and shall operate from the date and time on which it is lodged with the Presiding Officer and in the event of such a revocation or of the death of a polling agent before the close of the poll the candidate or his election agent may appoint another polling agent at any time before the poll is closed and shall forthwith give a notice of such appointment to the Presiding Officer in the manner specified in rule 27.

30 · Functions of polling agents and counting agents- (1) A polling agent may perform such fuctions in connection with the poll as are authorised by these mules to be performed by a polling agent

32 · Attendance Of a contesting candidate or bis election agent at polling stations and performance by him of the functions of a polling agent or counting agent- (1) At every election where a poll is taken, each contesting candidate at such election and his election agent shall subject to the provisions of rule 31, have a right to be present at any polling station provided under rule' 7 for the taking of the poll.

35 · Procedure in contested and uncontested elections _ (1} If the number of contesting candidates for a seat is more than one, a poll shall be taken.

36 · Firing time for polL The Director shall fix the hours during which thc Poll will bc takcn and thc hours so fixed shall be published by notification in the Delhi Gazette,

37 · Adjournment of poll In emergencles If at an election the proccedings at any polling station are interupted or obstructed by riot or open violence or if at an election it is not possible t0 take the poll at any polling station on account of any natural calamity or any other sufficient causc the Presiding Officer for such polling station shall announce an adjournment of the poll to a date to be notified later, and forthwith inform the Returing Officer concemned

39 · Manner of voting (1) At every election where a poll is taken , votes shall be given by ballot in the manner prescribed by these rules and no votes shall bc received by proxy

40 · Voter on election duty-definition- Voter on election duty' means any_polling officer, Presiding Officer Or other public servant, who is an elector in the ward and is by reason of his being on election duty unable to vote at the polling station where he is entitled to vote.

41 · Intimation by voters on elcctlon duty _ A voter on election duty who wishes to vote by pOst ata election shall sent an application in Form 12 to the Retuming Officer so as to reach him at least seven dys or such shorter periods as the Retuming Officer may allow before the date of polL and if the Returning Ofiticer is satisfied that the applicant is a voter on election duty, he shall issue a postal balkt paper to him:

42 · Form of postal ballot paper _ () Every postal ballot paper shall have counterfoil attached thereto, and the said ballot paper and the counterfoil shall be in such form and the particulars therein shall bc in such language or languages as the Administrator may direct

43 · Issue of postal ballot paper -(1) A postal ballot paper shall be sent by post under certificate of posing t0 the elector together with

44 · Recording of vote _ An elector who has received a postal ballot paper and desires I0 vote shall record his vote on the ballot paper in accordance with the directions contained in Part of Fom 13D: and then enclose it in the cover in Fom I3B.

45 · Assistance to illiterate or infirm electors- If an elector is unable through illiteracy, blindness or other physical infirmity to record his vote on postal ballot paper and sign the declaration in Form 1JA, he shall take the ballot paper, together with the declaration and the covers received by him to an officer refered to in sub-rule (2) of rule 44 and request such officer t0 record his vote and sign the declaration on his behalf:

46 · Re-issue of postal ballot paper (1) When a postal ballot paper and other papers sent under rule 43 are for any reason returned undelivered , the Retuming Officcr may re-issue them by post under certificate of posting Or deliver them Or cause them to be delivered t0 the elector personally on a request being made by hin,

47 · Return of postal ballot papers - After an clector has recorded his vote and made his declaration under rule 44 or rule 45, he shall return the postal ballot paper and declaration to the Returning Officer of the ward in which the elector is entitled to vote, in accordance with the instructions communicated to him in Fom 13D so as to reach the Retuming Officer before the bour fixed for commencement of counting of votes on the date or the last of the dates fixed for the polL

48 ·

49 · Design of ballot boxes- The design of every ballot box or electronic voting machine (EVM) shall on the pattern, approved and utilized by the Election Commission of India

50 · Form of ballot papers () Every ballot papcr shall have & counterfoil attached thereto and the said ballot paper and the counterfoil shall bc in such form and the particulars therein shall be printed in such language or languagcs as the Administrator may direct

51 · Arrangements at polling stations (1) Outside each polling station there shall bc displayed prominently _

34 · Marked copy of ekctoral rolF Immediately before the commencement of the poll, the Presiding Officer shall also demonstrate t0 the polling agents and others present that the marked copy of the electoral Toll t0 be used during thc poll . does not contain-

55 · Facilities for women electors (1) Where a polling station is for both men and women electors the Presiding Officer may direct that they shall be admitted into the polling station altemnately in separate batches

56 · Identification of clectors (1) The Presiding Officer may employ at the polling station such persons as he thinks fit to help in the identification of the electors or to assist him otherwise in taking" tbe poll

57 · Facilities for public scrvants On election duty- The provisions of rule S6 shall not apply to any person who produces at the polling station an clection duty certificate in Form 12B and asks for thc issue ofa ballot paper to him although the polling station is different from the one where he is entitled to vote:

58 · Challenging of identity- (I) Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing & sum of two rpees in cash with the Presiding Officer for each such challenge.

59 · Saleguard against personation - Every elector about whose identity the Presiding Officer or the Polling Officer; as the case may be, is satisfied ' shall allow his left forefinger to be inspected by the Presiding Officer or Polling Officer and an indelible ink mark to be put on it

60 · Issue of ballot paper to electors (I) Every ballot paper before it is issued to an elector; and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the Director may direct and every ballot paper; before it is issued, shall be signed in full on its back by the Presiding Officer:

61 · Maintenance of secrecy 0f voting by electors within polling station and voting procedure (1) Every elector to whom ballot paper has been issued under mule 60 or under any other provision of these rules, shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter Iaid down:

62 · Recording of votes of blind or infirm electors If the Presiding Officer is satisfied that owing to the blindness or other physical infirmity, an elector is unable to recognise the symbol on the ballot paper or tO make a mark thereon without assistance, the Presiding Officer shall permit the elector t0 take with him a companion of not less than eighteen years of age t0 the voting compartment for recording the vote on the ballot paper on his bebalf and in accordance with his wishes and if necessary, for folding " the ballot paper so as t0 conceal the vote and inserting it into the ballot box:

63 · Spoilt and returned ballot papers- (I) An elector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on retuming it to the Prcsiding Officer and on satisfying him of thc inadvertence, be given another ballot paper, and the ballot paper so returncd and the countcrioil of such ballot paper shall be markcd "Spoil: cancelled" by te Presiding Officer. (2) If an elector after obtaining a ballot paper decides not t0 use iL be shall retum it t0 the Presiding Officer, and the ballot paper s0 retumed and the counterfoil of such ballot paper shall be marked as "Returned: cancelled" by the Presiding Officer.

64 · Tendered Votes _ If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted as such elector; be shall on satisfactorily answering such qucstions relating to his identity as the Presiding Officer may ask be entitled subject to the following provisions of this rulc, to mark a ballot paper (hereinafter in these rules referred t0 as a "tendered ballot paper") in the manner as any other elector:

65 · Closing of polk (1) The Presiding Officer shall close a polling station at the bour fixed in that behalf under mule 36 and shall not thereafter admit any elector into the polling station:

66 · Sealing of ballot boxes after polk- (I) As soon as practicable after the closing of the pOlL the Presiding Officer shall close the slit of the ballot box, and where the box does not contain any mechanical device for closing the slit he shall seal up the slit and also allow any polling agent present to affix his seal.

67 · Account of ballot paper- (1) The Presiding Officer shall at the close of the poll prepare ballot paper account in Form 16 and enclose it in separate cover with the words "Ballot Paper Account superscribed thereon

69 · Transmission of ballot boxes, etc to the Returning Officer- The Presiding Officer shall then deliver or cause to be delivered t0 the Returning Officer at such place as the Retuming Officer may direct-

70 · Procedure on adjournment of polk (I) If the poll at any polling station is adjoumed under rule 37 , the provisions of rules 66 to 69 shalL as far as practicable, apply as if the Poll ; was closcd at the hour fixed in that bebalf under mule 36.

71 ·

72 · Tirae and place for counting of votes- (1) At every election wbere 2 poll is taken votes shz counted by or under the supervision and direction of the Retuming Oficer and each contesting candid his election agent and his counting agent shall bave a right to be present at the tme of counting

73 · Destruction; loss, etc o ballot papers at tbe time o counting (1) If a &y time before counting of votes is completed zy ballot papers used at & polling station zre urlawfull- taken out of custody of the Returning Oficer or are accidentally or intentionally destroyed or lost or pe damaged tampered with, to such an extent ihat the result of the poll at the polling statcn cannot be ascertained Retuming Oficer shall forthwith report the matter to the Director:

74 · Appointment o counting agents and revocation of such appointments (1) The number counting agents that a candidate may appoint under rule 28 shall, subject to sueh gencral or secial directior as the Director may issue in this behalf not exceed ten at the place Or each of tce places ixed for countic under rule 72 (2).

75 · Admission to the place fired for counting (1) The Returning Ofiicer shall exclude fom the place ixed for countng of votes all persons except-

76 · Haintenance of secrecy of voting The Retuming Oficer shall before be commences the counting Tead out the provisions of Section 23 of the Delhi Municipal Corporation Act [957 t0 such persccs &S may be present.

77 · Counting of votes received by post- (I) Tbe Returing Offcer shall frst deal with the postal ballot papers in the manner hereinafter provided

78 · Scrutiny and opening o ballot bores () The Retuming Officer may have the ballot box or boxes used at more than one polling stations opened and the ballot papers found in such box or boxes counted simultaneously:

79 · . Counting of votcs- bundles and scrutinised

80 · Sealing o uscd ballot paprry- Tbe valid ballot papers of each candidate and the rejected bauo papers shall thereafter be bundled separately and the several bundles made Up into & scparate packet ntidt shall be sealed with the seals of the Renming Officer and of such of the candidates teir election agen. counting ageuts a5 may decze t0 afx their scals thercon; and on the packets $0 scaled shall be recorded t following particulers namel -

81 · Counting of babot papen transferted to bagy and coven under ruk 66 The provisions of rules 78, 79 and 80 shall apply $0 far &s may be in relation to counting of ballot papers and votes if which bave becn transfered Fom balor boxes to cloth bags or cloth-lined covers udct sub-rule (5) of mule 66.

82 · Counting to be coatinout Tbe Rctuming Officcr shalL &s far &5 practicabk, procced continuc with the counting and shal turing 4y intevals when the counting has to be sspxcnded keep te ballo papers; packets and all othar papers rclatig t0 the clection scaled with his Own scals and the scals of candidates or election ageuts a5 may desire to afix their scals ad take suffcient precaution fOr their sale custody during such interveis

83 · Recommencement of counting after fresb Pok (I) If & fresh poll is beld under rule 38, the Retummg Ofiicer shall after completion of that polL reccrmeuce the counting of votes O the date and &t the tme and place which bave been fixed by him in that betalf &d of which notice has been previously gived to tbe candidates and their election agents

86 · Declaration of result of election and retur Of ckrtion- (1) The Retuming Officer shall subject to the Provision of rule 85 if and s0 far &5 they = apply to any particular case; then-

87 · Counting at (wo or more places _ If ballot papers arc couated at more places than ope, tbe provisions of rule 75, 76, 78 to 82 shall apply to the counting at each such place, but the provisions of rules 77, 84, 8S and 86 shall apply only t0 the counting at the last of such placcs

88 · Grant of certificate of clection t0 rcturned candidate - As soon as may bc after & candidate has been declared by the Returning Officer under rule 35 (2) or 86 to be elected, the Returning Officer shall grant to such candidate, certificate of election in Form 21 and obtain from the candidate an acknowledgement of its receipt duly signed by him and immediately send the acknowledgement t0 the Director:

89 · Election to more tban One scat _ [f & person is elected t0 morc than one scat then unless within three days from the date of publication of the result of election under rule 86 (2) he resigns all but one of the seats by writing under his hand addresscd t0 the Director, all the seats shall become vacant

90 · Date of election of candidate- For the purposes of these rules the date on which a candidate is declared by the Returning Officer under provisions of rule 35 (2) or rule 86,t0 be elected shall be the date of election of that candidate.

91 · Custody of papers relating to clection (1) All ballot boxes used at a election shall be kept in such custody as the Director may direct

0 · (c) (d)

93 · Disposal ol election papers _ Subject to any directions to the contrary given by the Dircctor; or by a competent court-

94 ·

95 ·

96 · Additional contents of petition (1) Where the petitioner alleges any comupt practice, an elction petition shall in addition to complying with the provisions of Section 1S of Delhi Municipal Corporation Acl1957 also sct forth full particulars of that corrupt practice including as full statements as possible of the names of the parties alleged to have committed such comupt practice and the date and place of thc commission of cach corupt practice and shall also be accompanicd by an affidavit in the prescribed form in support of such corrupt practice and the particulars thereof:

97 ·

98 · Petition to be dismissed If the provisions of Section 1S of the Delhi Municipal Corporation Act 1957 or rule 96 are not complied with, the court shall dismiss the petition:

100 · 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: -

101 · Documentary evidence Norwithstanding ay thing contained in any other law to the contrary: no document shall be inadmissible in evidence at the trial of an election petirion on the ground, that it is not duly stamped or registered

103 ·

104 · Secrecy of voting not to be infringed- No witness 0r other person shall be required to state for whom he has voted at an election:

105 ·

106 ·

107 · 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:

108 · Communication 0f order to the Director and transmission 0f the record 0f the casc- The court shall after announcing the order made by it under Section 19 of the Delhi Municipal Corporation Act , 1957 send a copy of the order and records of the case t0 the Director:

109 · Deposit of security (1) The petitioner shall enclose with the petition receipt showing that a deposit of five hundred rupees bas been made by him with the Director or any officer designated by him for the purpose, as security for the costs of the petition

142 · Corruptl practices- In addition to corrupt practices specified in Section 22 of the Delhi Municipal Corporation Act 1957 , the following shall also be deemed to be the corrupt practices:-

43 ·

114 · Disturbances at election mcetings- (IAny person who at a public meeting l0 which this nule applies acts, or incites other to act, in a disorderly manner for the purpose of prevcnting the transaction of thc business for which the meeting was called together, shall be punishable with fine which may extend t0 two hundred and fifty rupees:

4S · Restrictions O the printing o pamphlets, posters etc - (I) No person shall Print 0r publish; or cause to be printed or published any election pamphlet Or poster which does not bear on its face the names and addresses of the printer and the publisher thereof:

116 ·

117 ·

119 · Penalty for disorderly conduct in or ncar polling station- (I) No person shall on the date or dates on which a poll is taken at any polling station-

121 ·

122 ·

124 · Extension of time fr 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 election by making nccessary amendments in the notification issued by him under mule 12.

125 · Staff of Goverment and every local and statutory authority to be made available for election work- Every officer of the Central Goverment and of every local and statutory authority in the Union territory of Delhi, shall when s0 requested by the Director make available to him such staff as may be necessary for the perfomance of any duties in connection with an election

126 · Requisitioning of premises, vehicles etc for election purposes (1) If it appears t0 the Director that in connection with an election under these rules-

3 · etc.

1 · 2. 3. 4. etc

23 · Maintenance of secrecy of voting:" (I) Every officer or clerk; agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining tbe]secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person, any infuruation calculatcd to violate such secrecy-

2 · 3

1 · 2 3

23 · Maintenance of sccrccy of voting (1) Every Officer clerk agent or other person who perfors any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by Or under any law) communicate to any person any information calculated t0 violate such secrecy-

2 · 3

2 · Total number of valid votes recorded on Postal ballot papers for candidates and of rejected Postal ballot papers

6 · 0

15 · Election petitions No election of a member shall be called in question except by an election petition presented to the Court of the District Judge of Delhi within 15 days from the date of the publication of the result of election under mule 86 (2) of the Delhi Sikh Gurdwara Management Committee (Election of members), Rules, 1974.

17 · Grounds for declaring clections to be void tha court of the District Judge is of the opinion

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.

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

21 · Officers etc at elections not to act for candidates or to influence voting No person who isan clection officer or a returning officer, or an assistant returning officer or a presiding officer or polling oflicr at an election, or an officer or clerk appointed by the retuming officer or the presiding oflicer to Perform any duty in connection with an election or a member of a police force shall in the conduct Or management of the election do any act (other than the giving of votes) for the furtherance of the prospects of the election ofa candidate

25 · Prohibition of canvassing in or near polling station and of public mceting- (1) No person shalL on the date or dates on which the poll is taken at any polling station commit any of tbe following acts within the polling station or in any public or private place within a distance of one hundred yards of the polling station namely

28 · Breaches 0f oflicial duty in connection with election If any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his oflicial duty, he shall be punishable with fine which may extend t0 five hundred rupees.

30 · Other offences and penalties therefor (1) offeace if at any election he-