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

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

3 · Co-option o members - (I) At the meeting of the clected members. convened by the Director under section [4, 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 mceting and no elected membcr shall be admitted to thc 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 4x 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: - (I) 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 - (I) An objection , t0 any name in the listwhether the person is qualified or not qualified shall lie to the Election Officer:

8 · Display of List - (I) if intimation of any change in the list of Singh Sabha(s) and or the Prcsident(s) thereof is received from the Registrar, Firms and Societies after the publication of the list in Form C-Il 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 (id) of clause (a) of sub-rule (I4) of rule 7 , display on tne notice board of his office, a list in Form C-II-A, containing the names of such Presidents of the registered Singh Sabhas of Delhi and send a copy t0 the Delhi Sikh Gurdwara Board and after the constitution of the Committec, to the office of the Committee for display at the notice board of the BoardCommittee

9 · Disposal of objection by the Director- (1) If any objection is raised in the meeting called under section 14 with 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 with his orders, in the list in Form C-II-B prepared under sub-rule (1Xb) of rule 7.

12 · Nomination paper - (1) on the issue of notification under rule 1l, the Director shall give public notice of the intended election in For C-XII, inviting nominations of candidates for such election and specifying the place at which the nomination papers are t0 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

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

12 · B_

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

12 · D

12 · E

12 · F

12 · G.

12 · H

13 · The_Director shall atthe meeting convened under section 14 proceeds for the co-option of mcmbethmembers from amongst the contesting candidates in the manner prescribed by these rules:

1 · Death of contesting candidate belore poll Ifa contesting candidate dies after the publication Of telist in Fomm C-XVIII and the report of his death is received before the commencement of the poll . and the Diector 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 elcctions If the number of contesting candidares is two or if in case of casual vacancylvacancies the number of such candidate ($) is equal to the number of vacancylvacancies. 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 when the meeting reassembles, thc Director shall immediately before the commencement of the poll, allow the members t0 inspect the ballot box to be used at the poll and demonstrate it to them that it is empty

17 ·

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 irrespcctive of the number of seats to be filled.

20 · Issue of ballot papers t0 electors (1) Evcry ballot paper before it is issued to an elected membcr 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.

23 ·

24 · Recording O vote Of blind or infirm elected member- If an clected member is unable through blindness or Other physical infinity to record his vote without assistance, the Director shall permit the elected membcr t0 take with him companion of not less than twenty- one 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 the ballot paper so as t0 conceal the vote and inserting it into the ballot box:

25 · Director' $ entry into the polling compartment during the poll (1) If the Director has rcason to suspect that an elected member who has entered a voting compartment bas remained therein unduly long he shall enter the voting compartment and take such steps as may be necessary t0 ensure the smooth and prompt running of the poll:

26 · Spoilt and returned ballot papers- If an elected member inadvertently spoils a ballot paper he may retum it t0 the Director who shall if satisfied of such inadvertence give him another ballot papcr and retain the spoiled paper; and this spoiled paper shall immediately be cancelled.

27 ·

28 ·

30 · Counting of votes where only ne 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 the quota sufficient tO secure the retum 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 t0 a candidate is equal t0, or greater than the quota, that candidate shall be declared elected

34 · Transfer 0f surplus: (1) If at the end of any count the value of ballot paper credited t0 a candidate is greater than the quota, the surplus shall be transferred, in accordance with the provision of this rule, t0 the continuing candidates indicated on the ballot papers of that candidate as being next in order of the electors preference.

35 · Exclusion of candidates lowest On the poll (I) If afiter 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 (I) when at the end of any count the number of continuing candidates is reduced t0 the number of vacancies remaining unfilled, the continuing candidates shall be declared elected.

37 · Provision for re-count -(1) Any elected member proposing & candidate may, at any time during the counting of the votes, either before the commencement or afler 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) ofrule 36, announce the result of election after recording the same in For C-XXII

39 · Publication: The Director shall as soon as possible after the announcement of co-option of a candidate under rule 15(I) 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 member(s) 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 excepl-

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, (I) votes shall be counted by or under the

42 · Extension o[ time for completion of election Jl shal) 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

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 and shall thereafter be kept for three months by him unless their retention for & longer period is necessary:

45 ·

46 · Additional contents of petition (1) Where the petitioner alleges any corupt practice, such petition shall in eddition to complying with the provisions of cection 1$ of Delhi Municinal Corporation Act 1957 akso sct forth full particulars of thal corrupt practice including &s full statements &5 possible of the names of ae parties alleged to have committed such corrupt practice and the date and place of the commission of each corupt practice and shall also be accompanied by an affidavit in the prescribed form in support of such corupt practice and the particulars thereof: (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner aS the petition

47 ·

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- (I) As soon as the court receives the petition, it shall serve on cach 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_

50 · Appearance belore the court Any appcarance, 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 this behalf

51 · Power 0f the court the Court shall have the powers which are vested in a Civil Court when trying suit in respect of the following matters:

52 ·

53 · Documentary cvidence - 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 ·

55 · Secrecy of voting not t0 be infringed- No witness Or Other person shall be required t0 stale for whom he has voted at such co-option.

56 · & 57

58 · Order as t0 costs: The court may, while making an order under section /9 of the Delhi Municipal Corporation Acl 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 copy of the Order to the Director:

60 · Deposit of security (1) the petitioner shall enclose with thc petition receipt showing that deposit of five hundred rupees has been made by him 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'$ fee, shall be in the discretion of the court and shall be paid out of the security deposit provided for in rule 60.

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 term , which may extend t0 three months, or with fine or with both.

3 · If the Director has- reasons t0 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:

68 · To 71.

200 · Yov

2 · Full postal addrcss of candidale

1 · Candidate. 2 Carilidatc $ pIUpUset wlu bas been authorised in writing bY the candidate to deliver It

1 · 2 3. etc.

1 · 2 3. 4. etc;

5 · 6

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

16 ·

18 · Procedure to be followcd by thc district judge The proccdure provided in the Code of Civil Procedure; 1908 (5 of 1908), in regard t0 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 Acl 1971.

19 · Decision of the district judge- (1) 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 there is an equality of votes between any candidates at the co-option and that the addition of a vote would entitle any of those candidates to be declared co-opted, then the court of the district judge shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote:

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

24 · Oflicers etc 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.

28 · Breaches 0f official duty in connection with co-option 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 rupces

29 · Removal of ballot papers from polling station to be an ofTence 1) Any pcrson who at an cO" option fraudulently takes or attempts t0 take a ballot paper out of a polling station, or willfully aids or abets tbe 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 · Other OfIcuccs aud pcuallics (Hct cfur offence if at any co-option he-