The Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996

1 · Short title and commencement.— (1) These rules may be called the Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996.

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

3 · Formation of wards/constituencies.— (1) For dividing a Panchayat area into wards the population or the number of voters of each ward shall, as far as may be practicable be equal and be in the same proportion as the number of members fixed under section 7 of the Act bears to the total population or the number of voters of the Panchayat.

4 · Publication of wards/constituencies.— The wards/constituencies formed under rule 3 be notified by affixing a statement thereof in Form No. 10 or Form No. 11, as the case may be, to the Notice Board of the Director's Office, Office of Chief Executive Officer, Mamlatdar's Office, Office of the Block Development Officer and the Panchayat Office or in any conspicuous place at the Headquarters of the Panchayats, where no Panchayat Office is established. The Statement shall also be published in the Official Gazette.

5 · Preparation of electoral roll.— The electoral roll of the Goa Legislative Assembly prepared under the provisions of the Representation of the People Act, 1950 (Central Act 43 of 1951), and for the time being in force on such date as the Commissioner may, by general or special order notify in this behalf (being a date not earlier than one month from such notification), for such Constituency of the Assembly or any part thereof as is included in the area within the jurisdiction of the Panchayat, shall be divided by the Director into different sections corresponding to the different wards of Constituencies of a Panchayat or Zilla Panchayat by the Government as the case may be. The ward-wise or constituencywise list so obtained shall collectively form the electoral roll of the concerned Panchayat or Zilla Panchayat as the case may be until the Commissioner notifies a different list under this rule.

6 · Custody of the electoral rolls.— A printed copy of such section of the roll as divided under rule 5, shall be signed by the Returning Officer and sealed with the common seal of the Returning Officer and the copy so authenticated shall be kept by him in his personal custody.

7 · Availability of voters list.— The Returning Officer shall at least five days before the date fixed for the nomination of the candidates for every general election of the Panchayat/Zilla Panchayat give a notice in Form No . 12 of the places where copies of the relevant list of voters are kept open for public inspection. Such notice shall be affixed at the notice of his office as well as the Village Panchayat Office, and if there be no Panchayat Office, at any other conspicuous public place in the Village.

8 · Qualification for candidate for reserved seat.— Where any seat in a ward of Panchayat or Constituency of Zilla Panchayat is reserved for Schedule Caste, Scheduled Tribe or Backward Class or a woman only such member of Scheduled Caste or Scheduled Tribe or Backward Class or a woman, shall be qualified to be chosen to fill such seat.

9 · Appointment of Election Staff.— (1) The Returning Officer shall appoint a Presiding Officer for each place fixed for recording of votes (hereinafter referred to as Polling station). He may also appoint one or more Polling Officers to assist the Returning Officer and Presiding Officer in election work. Such Officers may be appointed either by name or designation. The First Polling Officer shall perform the duties of the Presiding Officer in the absence of the Presiding Officer.

10 · Power of the Government to appoint dates etc. for holding elections.— (1) The Government, in consultation with the Commissioner, or, shall, after it is decided to hold an election in the Village Panchayats or Zilla Panchayats concerned, by notification in the Form I or Form I-A as the case may be, appoint the date(s) for holding election thereof.

11 · Appointment of election Agent.— A candidate at an election may appoint an election agent in Form No. 17 and notice of such appointment shall be given by forwarding the same in duplicate, to the Returning Officer, who shall return one copy thereof to the election agent after affixing thereon his seal and signature in token of his approval for the appointment.

12 · Presentation of nomination paper.— 4 (1) On the date appointed for the nomination of candidates and during the hours appointed by the Commissioner under rule 10 in this behalf, each candidate shall make an application in writing in Form as prescribed under the Representation of the People Act, 1951 (Central Act 43 of 1951) signed by the candidate and present either in person or through a seconder authorized in writing in this behalf by such candidate to the Returning Officer signifying his willingness to serve as a member of the Panchayat or Zilla Panchayat, as the case may be.].

13 · Procedure upon delivery of nomination paper.— Upon delivery of a nomination paper under rule 12, the Returning Officer shall inform the person delivering the same of the day, hour and place appointed for the scrutiny thereof and shall endorse thereon:—

14 · Deposit of Nomination.— (1) On or before the date appointed for the nomination of candidates, each candidate shall deposit or cause to be deposited with the Returning Officer a sum of Rs. 100/- (Rupees one hundred only) in cash with the first paper for each ward of the Village Panchayat and in the case of Zilla Panchayat, each candidate shall deposit or cause to be deposited a sum of Rs. 500/- (Rupees five hundred only), in cash with the first nomination paper for each Constituency:

15 · Scrutiny of nomination paper.— (1) At the time and place appointed for the scrutiny of nomination, intending candidates or in their absence any other person duly authorised in writing by each such intending candidate, shall alone be entitled to be present. The Returning Officer shall allow such persons reasonable facilities for examining the nomination papers of intending candidates.

16 · Completion of scrutiny.— (1) The scrutiny shall be completed on the day(s) appointed by the Commissioner in this behalf.

17 · Preparation and displaying of list of validly nominated candidates.— (1) Immediately after the scrutiny is completed under rule 16, the Returning Officer shall, for each ward cause to be prepared a list in Form No. 4 showing the names of the candidates whose nomination papers have been accepted.

5 · [(2) The name should be arranged alphabetically in Roman script commencing with the proper name followed by father's/mother's/husband's name and surname. The name shall also be written in Devnagri script. The list so prepared shall be displayed on the notice board in the Office of the Returning Officer and the Office of the Panchayat".]

18 · Withdrawal of Candidature.— (1) Any candidate may withdraw his candidature by a notice in writing in Form No. 13 subscribed by him and delivered to the Returning Officer between the hours of ten o'clock in the forenoon and two o'clock in the afternoon on the day immediately following the day of completion of the scrutiny, such notice may be delivered either by the candidate in person or by a person authorised in writing by him in this behalf. Any notice of withdrawal which is given after the expiry of the period specified in this rule, shall not have any effect.

19 · Uncontested election and failure to elect .— (1) In any ward or Constituency in which no seat is reserved for Scheduled Caste/Scheduled Tribe or for women or for Backward Class.

6 · [20. Assignment of symbol.— (1) In the case of every contested election, the Returning Officer shall assign to each 7 [independent] candidate one symbol in the following order after arranging their names as required under rule 21 (1) Aeroplane (2) Almirah (3) Baby Doll (4) Ball (5) Camera (6) Car (7) Desk (8) Door (9) Envelope (10) Fire Engine (11) Flute (12) Frying Pan (13) Gas Cylinder (14) Gas Stove (15) Hanger (16) Hat (17) Ink Pot and Pen (18) Jeep (19) Kite (20) Lock and Key (21) Pressure Cooker (22) Railway Engine (23) Road Roller (24) Sewing Machine (25) Stool (26) Table Lamp (27) Television (28) Violin (29) Walking Stick (30) Whistle.]

8 · [(3) Candidates sponsored by a political party shall be allotted a symbol reserved for such political party by the Election Commission of India.].

21 · Preparation and displaying of list of contesting candidates.— (1) The Returning Officer shall supply to each candidate or his election agent:—

9 · [(2) Immediately after the expiry of the time fixed under sub-rule (1) of rule 18, the Returning Officer shall for each Panchayat or Constituency and also for each ward cause to be prepared, a list of contesting candidates in Form No. 5 arranging the names in the alphabetical order in Roman and Devnagri script as appearing in Form No. 4 alongwith the symbols as allotted under the Representation of the People Act, 1951 (Central Act 43 of 1951) and in the manner specified under rule 20 and display the list on the notice board in the Office of the Panchayat, Office of Chief Executive Officer and in the Office of Returning Officer.].

22 · Form of voting paper.— The voting paper shall be in Form No. 6 appended to these rules and printed in Roman and Devnagri script. It shall contain the names of all contesting candidates in alphabetical order as arranged in Form No. 5 together with the distinguishing symbol assigned to each candidate by the Returning Officer under rule 20.

23 · Polling Station.— (1) If a poll is to be held, the Returning Officer, with the prior approval of the Commissioner, shall locate a polling station or stations in Office of the Panchayat and or other public buildings such as a school and Government Offices within the concerned Panchayat limits or the Zilla Panchayat as the case may be.

24 · Death of Candidate before the poll.— If a candidate whose nomination has been found valid on scrutiny under rules 15 and 16 and who has not withdrawn his candidature under rule 18, dies and a report of his death is received before the publication of the list of contesting

25 · Supply of election material.— (1) Each polling station shall be provided with Ballot papers serially numbered equal to the number of voters assigned to the polling station rounded upto next ten, copies of voters list, ballot boxes sufficient for the purpose of enabling electors to cast their votes and such other materials for the purposes of the polling as may be necessary.

26 · Ballot Boxes.— (1) Every ballot box at the polling station shall bear the name of the Panchayat or Zilla Panchayat and the numbers of the ward(s) or constituency(s) of the Panchayat or Zilla Panchayat.

27 · Appointment of Polling agents.— (1) A contesting candidate or his election agent may appoint one polling agent and two relief agents to act as such on his behalf in each polling station.

28 · Sealing of ballot box before the commencement of the poll.— The poll shall commence at the hour appointed for such commencement. Immediately, before the commencement of the poll, the Presiding Officer shall show the ballot box to the candidates or their agents as may be present at the polling station, thereafter lock the same, place a seal thereupon in such a manner as to prevent it being opened or unlocked without breaking the seal and place it within his view.

29 · Admission to Polling Booths.— (1) On the day of elections every Presiding Officer, shall admit to the anteroom of the polling booth at which he presides:—

30 · Candidates and agents not to communicate with voters.— (1) The candidates and their agents shall not speak to or address any voter in any part of the polling station, but may address to the Presiding Officer objection to a voter on any one of the following three grounds, namely:—

31 · Voters to attend polling station . — Every voter desirous of recording his vote shall attend for the purpose, at the polling station for the ward or constituency for which he is entered in the voter's list on such date and between such hours as have appointed by the Government and Commissioner in this behalf under rule 10.

32 · Voting to be personal and by Ballot in polling station or booth previously directed . — — (1) At every polling station vote shall be casted by Ballot and in person and the Presiding Officer shall not allow any votes to be cast by proxy.

33 · Arrangements for secrecy of voting.— (1) Each polling station shall contain a separate compartment in which electors shall cast their votes screened from observations.

34 · Identity of Elector.— 10 [(1)] Immediately before the Ballot paper is delivered to an elector, the Presiding Officer shall satisfy himself as to the identity of the elector with reference to the entry relating to that elector in the voters list. He shall also hear and decide then and there any objections raised in this behalf. He may refuse to issue a Ballot paper or papers to any person who declines to answer any reasonable question put to him for the purpose of ascertaining such identity or whose identity is not established to his satisfaction. But issue of Ballot papers shall not be refused merely on the ground of any typographical error or omission in the relevant entries of the voters list if the identity of the elector is otherwise established.

11 · [(2) The identity of an elector shall be governed by Notification/Orders issued by the Sate Election Commission in this regard from time to time].

12 · [34A. Safeguard against personation.— (1) With a view to preventing personation of voters, every voter about whose identity the Presiding Officer, is satisfied, shall allow his left forefinger to be inspected by the Presiding Officer or the polling officer and an indelible ink mark to be put on it.

35 · Issue of Ballot papers to electors.— (1) 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 Commissioner may direct, and every Ballot paper, before it is issued, shall be signed in full on its back by the Presiding Officer and shall be marked with the distinguishing mark on its back at the top of the left hand corner.

36 · Manner of casting votes.— An elector shall, on receiving the Ballot paper issued to him under rule 35, forthwith proceed to the polling compartment, there, mark his Ballot paper by affixing a seal containing an arrow mark opposite the name and symbol (or on the name or symbol) of the candidate in whose favour he desires to cast his vote, fold up the Ballot paper and put the Ballot papers so folded up into the ballot box which shall be placed within the view of the Presiding Officer and without undue delay, leave the polling station.

37 · Assistant to blind and infirm electors.— If an elector owing to blindness or other physical infirmity is unable to record his vote in the manner laid down in rule 36, the Presiding Officer shall do so according to the direction of the elector and fold it so as to conceal the vote and insert it into the ballot box and make a brief note against the entry relating to such elector in the copy of voters list referred to in rule 35, the reason for such action.

38 · Spoiled Ballot Papers.— An elector who has inadvertently dealt with his Ballot paper in such a manner that it cannot conveniently be used as such, may, on delivering it to the Presiding Officer and satisfying him of the inadvertence, obtain another Ballot paper in place of the spoilt Ballot paper and such spoilt Ballot paper shall be marked by the Presiding Officer as cancelled and kept in a separate cover.

39 · Return of Ballot paper.— If any elector, after obtaining a Ballot paper for the purpose of casting his vote, decides not to use the same or to cast his vote, he shall return the Ballot paper so issued to him, to the Presiding Officer and the Ballot paper so returned shall then be marked by the Presiding Officer as "cancelled" on account of such return and kept in a separate cover.

40 · Challenged Votes.— (1) Where any candidate, election agent or polling agent challenges a voter's identity and undertakes to prove that any person claiming to be a particular voter has committed the offence of personation, the Presiding Officer shall hold summary enquiry and require such person to enter in the list of challenged voters in Form No. 7 his name and address or, if he is unable to write, to affix his thumb impression thereto, and may further require such person to produce evidence of identification:

41 · Tender voting papers.— (1) If a person representing himself to be particular elector applies for a Ballot paper after another person has already voted as such elector, he shall, on satisfactorily answering such question relating to his identity as the Presiding Officer may ask, be entitled subject to the following provisions of this rule, to make a Ballot paper (hereinafter in these rules referred to as a "tendered Ballot Paper"), in the same manner as any other elector.

42 · Closing the Poll.— (1) The Presiding Officer shall close a polling station at the hour fixed in that behalf under section 15 and shall not thereafter admit any elector into the polling station:

43 · Removal from the polling station for misconduct.— (1) If any person misconducts himself at a polling station, or fails to obey the lawful orders of the Presiding Officer, the Presiding Officer shall immediately remove or order any police officer present there, to remove

44 · Duties of Presiding and other Polling Officer.— (1) It shall be the duty of the Presiding Officers and their assistants to see, (i) that votes are recorded with absolute secrecy (ii) that only such persons as may be admitted to the polling booth under these rules are admitted thereto; and (iii) that persons who have recorded their votes, or against whom objections have been heard and upheld, leave immediately. It shall also be their duty to see that these rules and any special directions given by the Returning Officer thereunder are strictly observed in all respects.

45 · Supervision of the conduct of Election.— The Election shall be conducted under the general supervision of the Commissioner.

46 · Voting by Officer on duty at polling station.— (1) A Presiding Officer or Polling Officer or a public servant who is on election duty at a polling station at which he/she is not entitled to vote at the election in connection with which he/she is employed shall send an application in Form No. 18 to the Returning Officer so as to reach him at least 4 days or such shorter period as the Returning Officer may allow before the date of poll, and if the Returning Officer is satisfied that the applicant is a voter on election duty, he shall issue a "Postal Ballot" paper to him.

47 · Sealing of Ballot Boxes, etc. after Poll.— (1) As soon as practicable after the closing of the poll, the Presiding Officers 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 or candidate present to affix his seal.

48 · Adjournment of poll in emergencies.— (1) Where, at an election, the proceedings at any polling station for the poll are interrupted or obstructed by any riot or open violence, or where, at any election, it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, the Returning Officer or the Presiding Officer for such polling station shall announce an adjournment of the poll to a date to be appointed later on and where the poll is so adjourned by the Presiding Officer, he shall forthwith inform the Returning Officer concerned.

49 · Time and place of counting of Votes.— The Commissioner shall at least 5 days before the date fixed for the poll, notify in the Official Gazette, the place or places where the counting of votes will be done and the date and time at which the counting will commence and copies of notice shall be published by affixing at the Village Panchayat Office, Office of the Chief Executive Officer, Office of the Mamlatdar and if necessary, at any other place in the Panchayat area/Zilla Panchayat and as the case may be appointed by the Director:

50 · Appointment of counting agent.— 13 [(1) The candidate may appoint such number of counting agents as may be determined by the Returning Officer from time to time.]

51 · Admission to the place fixed for counting.— (1) The Returning Officer shall exclude from the place fixed for counting of votes all persons except,—

52 · Maintenance of secrecy of voting.— The Returning Officer shall, before he commences the counting, read out the provisions of section 128 of the Representation of the People Act, 1951, to such persons as may be present.

53 · Counting of votes received by post.— (1) The Returning Officer shall first deal with the postal Ballot paper in the manner hereinafter provided.

54 · Counting of votes.— (1) The counting of votes shall be done by and under the supervision of the Returning Officer with the assistance of such persons as he may appoint to assist in the counting of votes.

55 · Counting of votes.— (1) A Ballot paper shall be liable for rejection:—

56 · Result of election.— (1) On completion of the statement showing the number of votes recorded, the Returning Officer shall from amongst the candidates qualified to be chosen to fill a reserved seat, if any, declare, subject to the provisions of rule 8, the candidate who has secured the largest number of votes to be elected to fill such reserved seat. Such declaration shall be in Form No. 26.

57 · Recount of votes.— (1) After such declaration has been made, a candidate or in his absence, his agent, may apply in writing to the Returning Officer for a recount of all or any of the Ballot papers already counted stating the ground on which he demands such recount.

58 · Pasting of results of election by Returning Officer.— (1) The Returning Officer shall cause the names of the elected candidates to be pasted at the Panchayat Office and the Mamlatdar's Office and shall report such name immediately to the Commissioner, who shall in turn forward the list of elected members to the Director for publication in the Official Gazette:

59 · Grant of certificate of election to returned candidates. — As soon as may be after a candidate, has been declared by the Returning Officer under the provision of rule 56 or clause (i) of sub-rule (1) of rule 19 to be elected, the Returning Officer shall grant to such candidate a Certificate of election in Form No. 28 and obtain from the candidate an acknowledgement of its receipt duly signed by him.

60 · Record of proceedings.— The Returning Officer shall keep a record of the proceedings of every election and a copy of such record shall be kept in a separate packet in the sealed trunk alongwith the bundles of valid and invalid Ballot papers.

61 · Fresh poll in case of destruction, etc. of ballot boxes.— (1) If at any election,—

62 · Multiple Election.— (1) If a person is elected to more than one seat in a Panchayat or Zilla Panchayat, as the case may be he shall by notice in writing signed by him and delivered to the Director or any other Officer authorised by the Government, within 7 days from the grant of Certificate under rule 59, choose anyone of the ward or constituency which he shall serve and the choice so made shall be final.

63 · Custody of papers relating to election.— The Returning Officer shall keep in custody of the Commissioner, the statements, packets and other documents referred to in rules 47 and 56 and all other papers relating to the election.

64 · Production and inspection of election papers.— (1) While in the custody of the Returning Officer,—

65 · Destruction of Ballot papers and other papers.— (1) On the expiry of two months from the date of publication of the result of the election or whether an application challenging the validity of an election has been made, on the expiry of two months from the date of the decision on such application whichever is later, the Commissioner shall destroy the Ballot papers.

66 · Bye-Election.— (1) In case of any events resulting into casual vacancy, namely:

14 · [68. Removal of difficulties.— Notwithstanding anything contained in these Rules, the State Election Commissioner may, with the previous approval of the Government, issue such orders or instructions, as deemed necessary, to the Returning Officers and/or the Assistant Returning Officers for effectively conducting the elections.]

2 · Name of Candidate

3 · Name of Candidate

4 · Name of Candidate

1 · The words "or to the counting of votes" have been omitted vide 4th Amendment Rules, 2000 published in O. G., Series I No. 44 (Extraordinary No. 2) dated 1-2-2000.

2 · The words "an interval of 15 days" have been substituted with the words "an interval of 7 days" by the Fifth Amendment Rules, 2001, published in O. G., Series I No. 38 (Extraordinary) dated 21-12-2001.

3 · The word "seven" has been substituted for the word "fifteen" by First Amendment Rules, 1999, published in O. G., Series I No. 31 (Extraordinary) dated 30-10-1999.

4 · Sub-rule (1) of Rule 12, substituted by the Fifth Amendment Rules, 2015 published in the O.G., Series I No. 45 (Extraodinary) dated 18-02-2015.

5 · Para (2) substituted by the 4th Amendment Rules, 2000 published in Official Gazette, Series I No. 44 dated 1-2-2000.

6 · Sub-rule (1) of Rule 20 substituted by 2nd Amendment Rules, 1999 published in O. G., Series I No. 32 (Extraordinary) dated 8-11-99.

7 · The word "independent" inserted by the Fifth Amendment Rules, 2015, published in the O.G., Series I No. 45 (Extraordinary) dated 18-02-2015.

8 · Sub-rule (3) inserted after sub-rule (2) of Rule 20 by the Fifth Amendment Rules, 2015, published in the O.G., Series I No. 45 (Extraordinary) dated 18-02-2015.

9 · Sub-rule (2) of Rule 21 substituted by the Fifth Amendment Rules, 2015. published in the O.G., Series I No. 45 (Extraordinary) dated 18-02-2015.

10 · Existing Rule 34 has been numbered as sub-rule (1) by the Fifth Amendment Rules, 2001 published in the O. G., Series. I No. 38 (Extraordinary) dated 21-12-2001.

11 · Sub-rule (2) have been inserted by the Fifth Amendment Rules, 2001 published in the O. G., Series. I No. 38 (Extraordinary) dated 21-12-2001.

12 · Inserted vide 3rd Amendment Rules, 2000 published in O. G., Series I No. 42 dated 14-1-2000.

13 · Substituted by 4th Amendment Rules, 2000 published in O. G., Series I No. 44 (Ext. Ord. No. 2) dated 1-2-2000.

14 · Inserted by 4th Amendment Rules, 2000 published in O. G., Series I No . 44 (Extra Ord. No. 2) dated 1-2-2000.