THE PUNJAB PANCHAYAT ELECTION

3 · Notification of election and preparation of electoral rolls (Sections 209 and 30) . --(1) As soon as a notification under section 209 of the Punjab

1 · The words s "whether by direct election or out of the representative of Sarpanches or Chairman a ViceChairman of the Panchayat Samiti or Zilu Parishad, as the case may be omitted vide Punjab Panchayat Election (First Amendment) Rules, 2006 published in Punjab G.,vt Gaz d. S.) Part Ilroated December 29, 2006

4 · Appointment of Assistant Electoral Registration Officers (Section 30).— (1) The Commission may appoint one or more Electoral Registration Officers for the Panchayats in a Sub -Division for the revision of the electoral rolls.

1 · Substituted vide Corrigendum dated 7 . 9 . 2005 published in Punjab Govt. Gas (Extra.) on dated 14.9 . 2005 for 1994 has been

2 · For the word -has been the word is substituted vide Punjab Panchaat Election (First Amendment) Rules. 2006 published in Punjab Govt. Gaz. (L.S.) Part Ill. dated December 29. 2006

31 · . --The Electoral Registration Officer may at any time, correct any clerical Or printing error that he may discover in the electoral roll.

33 · . --(a) An appeal against the order passed by the Electoral Registration Officer shall be made to the Election Commission or an Officer authorised I by him within a period of five days from the date of order of the Electoral Registration Officer The order of such appellate authority shall be final

7 · Publication of election programme (Section 35)-After the election programme is published under (section 35) the Returning Officer in the Constituency for which he has been appointed as such shall publish the details of the election programme by (pasting] the same outside his office and at conspicuous places in the Gram Sabha area included in that constituency.

8 · Notification of Symbols-- The Commission shall by Notification in the Official Gazette publish lists of symbols for use in the Panchayat Election, and may amend or vary such lists.

9 · Presentation of nomination papers (Section38) . — (1) Nomination papers

1 · Substituud vide Corrigendum dated 7.9 . 2005 published in Punjab Govt. Gaz. (Extra.) on dated 14 9,2005 for Or"

2 · Substituted vide Corrigendum dated 7 . 9 . 2005 published in Punjab Govt. Gn. (Extra.) on dated 14 9.2005 for 'section 35.

3 · Substitut,d vide Corrigendum dated 7.9 . 2005 published in Punjab Govt Gaz. (Extra) on dated 14 9 . 2005 for posting .

10 · Withdrawal of Nomination (Section 42)— Any candidate may withdraw his candidature by a notice in writing which shall contain the particulars as given in the Form IV-B according to the provisions of section 42.

11 · Scrutiny of nomination papers and decision of objections (Section 41)

1 · Substituted vide Corrigendum dated 7.9 . 2005 published in Punjab Govt. Gaz. (Extra.) on dated 14.9 . 2005 for M L.A. M P

2 · Substituted vide Corrigendum dated 79.2005 published in Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for 'M L.A., M.P..

12 · -Allocation of Symbols . --The Returning Officer shall, on the expiry of the time fixed for withdrawal of nomination paper allocate by draw of lot to each validly nominated candidate hereinafter called contesting candidate a symbol out of the approved list of symbols.

14 · Appointment of Presiding Officer and Polling Officer (Section 20) . -The District Electoral Officer shall appoint Presiding Officers and such number of Polling Officers as may be necessary for the conduct of poll at each polling station, The Presiding Officer shall, in addition to other duties imposed upon him by these rules, be in genera in-charge of all arrangements at the Polling Station and may issue orders as to the manner in which the persons shall be

1 · Substituted vide Corrigendum dated 7.9.2005 published in Punjab Govt. Gaz, (Extra.) on dated 14 9.2005 for alphabatical .

15 · Official Mark . --The Election Commission may direct that before any Ballot Paper is delivered to a voter at the Polling Station, it shall be mailed with such official mark as may be specified which shall be kept secret. Every Ballot paper shall be signed in full on its back by the Presiding Officer.

16 · Safeguards against personation . --(1) Every elector shall allow his left fore-finger to be inspected by the Presiding Officer or Polling Officer and indelible ink mark to be put on it If any elector refuses to show his left forefinger or does any act with a view to removing the ink mark, he shall not be supplied with any Ballot Paper or allowed to vote.

17 · Design of Ballot Boxes . — Every Ballot Box shall be of such design as may be approved by the Election Commission.

1 · Substituted vide Corrigendum dated 7.9 . 2005 published in Punjab Govt. Gaz. (Extra.) on dated 14.9 . 2005 for and shall"

2 · Substituted vide Corrigendum dated 7.9 . .2005 published In Punjab Govt. Gaz, (Extra.) on dated 14 . 9 . 2005 for and shall"

21 · Procedure before commencement of polls . --Immediately before the commencement of the Poll, the Presiding Officer shall show the Ballot Boxes to the Polling Agents who may be present at the Polling Station, so that they may (see that] the Ballot Boxes are empty The Presiding Officer shall secure and seal (he Ballot Boxes in such a manner that the slit for insertion of Ballot Papers remains open.

22 · Voting to be in person and not by proxy (Section 61).— (1) Voting shall

2 · Submitted vide Corrigendum dated 7,9 2005 published ,o Punjab Govt Gaz. (Extra.) on dated 14 9.2005 for 'car not

3 · Submitted vide Corrigendum dated 7.9 2005 published in Punjab Govt Car (Extra,) on dated 14 . 9 . 2005 for "helps'

4 · Submitted for the words '' (g) Such other persons as the Returning Officer or Presiding officer may allow vide Punjab Panchayat Election (First Amendment) Rules, 2006 published Punjab Govt Gaz. (L.S ) Part IlI. dated December 29, 2006.

5 · Substituted vide Corrigendum dated 7.9 2005 published in Punjab Govt. Gaz. (Extra.) on dated 14 . 9.2005 for "see be by secret ballot and every person wishing to record his vote shall do so in person and not be proxy by means of Ballot Papers specified by the Election Commission to be supplied to a voter which shall have a serial number, names of the candidates and such symbols as are 1[allotted] to the candidates, such other particulars of the candidate and such official marks as may be specified by the Commission. Every person shall be entitled to a single nontransferable vote

2 · (2) A postal ballot paper shall be sent by post under certificate of posting to the elector by the Returning Officer ten days before the date of actual poll, who apply for the same. The elector will mark his choice and return the postal ballot paper by post to the Returning Officer so that the ballot paper reaches the R..turning Officer on or before the date of actual poll]

23 · Commencement and close of Poll (Section 57).-- The Poll shall commence and close at the date and time fixed by the Commission for the purpose:

1 · Substituted vide Corrigendum dated 79.2005 published in Punjab Govt. Gaz (Extra. on dated 14 . 9 . 2005 for allotted

2 · Substituted for the words (2) A postal ballot paper shall be sent by the post under certificate of posting to the Elector by the Returning Officer ten days before the date of actual poll to voters who apply for the same. The elector will mark his choice and return the postal Ballot Paper to the Returning Officer so that the Ballot Paper reaches the Returning Officer on or before the date of actual Poll.' vide Punjab Panchayat Election (First Amendment) Rules, 2006 published in Punjab Govt. Gaz. (L.S.) Part Ill, dated December 29, 2006,

3 · Substituted vide Corrigendum dated 7.9.2005 published in Punjab Govt. Car. (Extra.) on dated 14 . 9.2005 for '' voters' '

24 · Seating arrangement of the polling officers.-- The table of the polling officer should be so placed that when a voter arrives at the polling station, he will meet the first polling officer posted inside the polling station who will issue an identity slip after locating his name in the Electoral Roll. Then he will proceed to the second Polling Officer who will mark his left hand forefinger in the manner given in rule 15. Thereafter he will proceed to the third Polling Officer who will give the Ballot Paper and marking stamp to him after obtaining his signatures. He will then go to the polling compartment where he will mark his vote and after that put the same in the Ballot Box after folding it properly. In case the Government decides to hold the elections to the Gram Panchayat, Panchayat Sari and Zila Parishad simultaneously, the Commission may order the posting of additional persons as polling officers in the interest of smooth poll. Each additional Polling Officer (s) will be custodian of ballot papers for Gram Panchayat, Panchayat Samiti and Zita Parishad constituency, respectively and ballot papers will be given to the elector in this order,

25 · Tendered Votes. --(1) If a person representing himself to be a particular voter named in the electoral roll, asks for a ballot paper after another person has voted as such [voter] he shall after such enquiry as the Presiding Officer may make be allowed to (vote, but )his vote will be considered to be a tendered vote which shall be handed over to the Presiding Officer The Presiding Officer will mark the vote as tendered vote and all such votes shall be put in a separate [envelope] meant for tendered votes and the word Tendered Vote shall also be written by the Presiding Officer on the vole and the electoral roll and the name of the polling station to which the roll relates shall be entered in a list bearing the heading Tendered Votes List. The person tendering such ballot-paper shall sign his name and address or affix his thumb -impression against the entry of that list.

1 · Substituted vide Corrigendum dated 7.9,2005 published in Punjab Govt. Gaz. (Extra,) on dated 14.9 . 2005 for any reason.

2 · Substituted vide Corrigendum dated 7 . 9 . 2005 published in Punjab Govt. Gaz. (Extra.) on dated 14.9,2005 for voters

3 · Substituted vide Corrigendum dated 7 92005 published in Punjab Govt. Gaz (Extra.)

2005 · for vote bur.

4 · Substituted vide Corrigendum dated 7,9 . 2005 published in Punjab Govt. Gaz. (Extra) on dated 14 . 9.2005 for "envelop'.

26 · Challenged Votes.'- If any candidate or polling agent declares and undertakes to prove that any person by applying for a ballot-paper has committed the offence of impersonation the Presiding Officer may require such person to enter in the lest of challenged 1[votes, his] name, and address or it he unable to write, to fix his thumb-impression thereto and may further require such person to produce evidence of identification If after summary enquiry the Presiding Officer is satisfied, that he is a genuine voter, he shall be allowed to vote. If the challenged person is not found to be genuine, he may be sent to the nearest Police Station with a report for registration of a case against him. The Presiding Officer shall at the close of the Poll. prepare a list of challenged voters on Form VIII

1 · Substituted vide Corrigendum dated 7.9.2005 published in Punjab Govt Gaz. (Extra ) on dated 14 . 9.2005 for votes his

2 · Substituted for the word 'delivery ' vide Punjab Panchayat Ejection (First Amendment) Rules. 2006 published in Punjab Govt. Gaz. (L.S.) Part Ill, dated December 29, 2C06,

3 · Substituted vide Corrigendum doted 1 9 2005 published in Punjab Govt C3az (Extra) on dated 14 9 . 2005 for "infirmity'

4 · Substituted vide Corrigendum dated 7,9.2005 published In Punjab Govt. Gaz (Extra) on dated 14 . 9 . 2005 for 'iii to

31 · Adjournment of polls in emergencies (Section 58).-- (1) The Returning Officer, the Presiding Officer, the District Election Officer or the Election Commission may adjourn the poll in a sabha area or constituency at any time in case the poll is interrupted or obstructed by

2 · Substituted vide Corrigendum dated 7.9.2005 published in Punjab Govt Gaz. (Extra.) on dated 14,9,2005 for sub -rule (I)'.

3 · Substituted vide Corrigendum dated 7.9.2005 published in Punjab Govt. Gaz. (Extra.) on dated 14.9 2005 for election,

4 · Substituted vide Corrigendum dated 7.9 . 2005 published in Punjab Govt. Gaz, (Extra.) on dated 14.9.2005 for election

5 · Substituted vide Corrigendum dated 7,9.2005 published in Punjab Govt. Gar. (Extra.) on dated 14 . 9 . 2005 for "relate'.

6 · Substituted for the words Matter to the Election Commission* vide Punjab Panchayat Section (First Amendment) Rules, 2008 published in Punjab Govt. Gaz. (L.S.) Pail III, dated December 29, 2006.

1 · Substituted vide Corrigendum dated 7.9 . 2005 published in Punjab Govt Gaz (Extra.) on da-d 14.9 . 2005 for 'ballot -papers

2 · Substituted vide Corrigendum dated 7.9.2005 published in Punjab Govt. Gaz (Extra.) on dated 14 . 9.2005 for sub -rule (l)'.

3 · Substituted for figure and word 30 or vide Punjab Panchayat Election (First Amendment) Rules, 2006 published in Punjab Govt. Gn, (L.S.) Part III dated December 29, 2006,

4 · Substituted vide Corrigendum dated 7,9.2005 published in Punjab Govt GaL (Extra) (Extra.) on dated 14.9 . 2005 for if

5 · Substituted vide Corrigendum dated 7.9,2005 published in Punjab Govt. Gaz. (Extra) (Extra.) on dated 14 . 9 . 2005 for 'elections.'

33 · Counting of votes (Section 66).-- (1) In a Sabha area where there is only one polling Station, the Returning Officer shall follow the 2[procedure set out in sub-rule (2)] for the counting of votes and declaration of result for election to the Gran Panchayat .

2 · Substituted for the words 'following procedure vide Punjab Panchayat Election (First Amendrnent) Rules. 2006 published In Punjab Govt. Gaz. (L.S.) Part Ill, dated December 29, 2006,

3 · Substituted vide Corrigendum dated 7.9.2005 published in Punjab Govt. Gaz, (Extra.) on dated 14 . 9 . 2005 for agent'

4 · Substituted vide Corrigendum dated 7,9,2005 published in Punjab Govt. Gaz. (Extra.) (Extra ) on cared 14 . 9 . 2005 for "Inspect'

5 · Substituted vide Corrigendum dated 7.9 2005 published in Punjab Govt. Gaz, (Extra) (Extra on dated 14 .9 2005 for convelant

6 · Substituted vide Corrigendum sated 7.9.2005 published in Punjab Govt. Gaz. (Extra.) (Extra) on dated 14 . 9.2005 for "rejected

34 · Counting of votes where there is more than one polling station (Section 66)-- 1) In a Gram Sabha where there is more than one Polling Station we Presiding Officer of each Polling Station shall, as soon as practicable, after the close of the poll, close the baitot-boxes used at the Polling Station in such manner as the Election Commission may direct and forward them to the Returning Officer .

35 · Procedure in case of tie (Section 68)— If after the counting of votes is completed, votes polled by two candidates are equal, and the addition of one vote will entitle any of these candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by draw of lots and proceed as if the candidate in whose favour the tot (falls,) has received an additional vote .

1 · Substituted vide Corrigendum dated 7.9.2005 published in Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for 'Zila Parishad',

2 · Substituted vide Corrigendum dated 7.9 . 2005 published in Punjab Govt. Gaz. (Extra) on dated 14 . 9 . 2005 for 'round'

3 · Substituted vide Corrigendum dated 7.9 2005 published in Punjab Govt. Gaz. (Extra.) on dated 14 . 9.2005 for 'falls'. '

1 · Substituted vide Corrigendum dated 7.9.2005 published in Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for '" rejected" if-',

2 · Substituted vide Corrigendum dated 7.9. 2005 published in Punjab Govt. Gaz. (Extra) on dated 14.9 .2005 for "contains".

37 · Preparation of Return (Section 69)-- When the counting of votes has been completed and the result has been 1[declared,] the Returning Officer, shall forthwith prepare a return containing the following, namely -

1 · Substituted vide Corrigendum dated 7 . 9 . 2005 published in Punjab Govt. Gaz (Extra.) on dated 14 . 9 . 2005 for ' declared'.

2 · Substituted for the words " also elected " vide Punjab Panchayat Ejection (First Amendment) Rules, 2006 published in Punjab Govt . Gaz (L.S ) Part Ill, dated December 29, 2006 .

3 · Substituted for the words "election papers," ykie Punjab Panchayat Election (First Amendment) Rules, 2006 published in Punjab Govt. Gaz (LS) Pad Ill, dated

2 · Substituted vide Corrigendum dated 7.9 . 2005 published in Punjab Govt. Gaz. (Extra.) on dated 14 . 9..2005 for "Election"

3 · Substituted vide Corrigendum dated 7 . 9 . 2005 published in Punjab Govt. Gaz. (Extra.) on dated 14.9.2005 for "if any."

4 · Substituted vide Corrigendum dated 7.9.2005 published in Punjab Govt. Gm. (Extra.) on dated 14.9 2005 for " Election Commission. "

5 · Substituted vide Punjab Govt. Notification No. G.S.R 36/P A, 19/1994/S. 139/Amd.(.5)I2008 dated June 4. 2008.

42 · Staff. --The Government may fix such staff of the Election Commission and the Election Tribunal as may be considered necessary for carrying out the functions of the Act.

43 · -Election of Representatives of Sarpanches (Section 20).-. (1) As soon as a notification under section 209 of the Punjab Panchayati Raj Act. 1994 is issued by the Government to hold the election of the members of the Panchayat Samiti, the District Election Officer shall initiate the preparation of a list containing the names and addresses of the Sarpanches of the Gram Pancliayats tailing under the jurisdiction of a Panchayat Samiti and shall publish it by pasting the names at some conspicuous places in his office, the office of the Panchayat Samiti concerned and the Sub-Divisional Officer (Civil)--

44 · Appointment of Returning Officer (Section 16).— 1[(1) The Election Commission may appoint any officer as the Returning Officer for the conduct of election from amongst the list of Sarpanches finally published in sub-rule (1) of rule 43]

1 · Substituted for the words (1) The Election Commission may appoint any officer Returning Officer for conduct of election by any from amongst the list of Sawanches finally published under sub-rule (I) of rule 43 vide Punjab Panchayat Election (First Amendmert) Rules 2006 published in Punjab Govt. Gar. (L,S.) Part Ill dated December 29, 2006,

2 · Substituted for the words "Schedule of election of representative from and by Sarpanches of Gram Panchayats as specified in clause (b) of sub-section (1)' vide Punjab Panchayat Election (First Amendment) Rules, 2006 published in Punjab Govt Sat (L S.) Part Ill, dated December 29, 2006.

1 · Rule 45 and 45 -A, substituted for Rule 45, vide Punjab Govt. Notification No, G.S.R. 59/PA19/1994/S 139/Amd. (6)/2008 dated November 11, 2008.

46 · Appointment of Deputy Election Commissioner and the Secretary to Election Commission (Section 13)-- (1) Qualification and term. The State Government may appoint Deputy EIection Commissioner from amongst IAS and PCS 2[Officers] of the State

1 · Rule 45 -A omitted vide Notification No G S . R . I5/P A 19/1994/5.139/Amdi7)/2013 dated 7 . 3 . 2013 published in Punjab Government Gazette (Extra ) L . S Part Ill dated 14 . 3 . 2013 (w . e.f 14 . 3 . 2013) Prior to Commission Rule 45 -A was read as under --

2 · Substituted vide Corrigendum dated 7 . 9.2005 published in Punjab Govt. Gaz. (Extra.) on dated 14 . 9 . 2005 for 'officers' .

5O · Election petition (Section 76).-- (1) Any election petition under section 76 shall be presented to the Election Tribunal.

52 · Deposit to be made.-- (1) At the time of or before, presenting an election petition, the petitioner or petitioners shall deposit in the treasury or sub-treasury a sum of rupees two hundred in cash or in Government promissory notes of equal value, as security for all costs that may become payable by him or then,

53 · Petitions to be dismissed for non -compliance with the rules . -if any of the provisions of rules 51 and 52 and Section 76 of the Act has not been complied with, the Election Tribunal shall pass an order of dismissing the election petition and such order shall be final.

54 · Withdrawal of petition.-- An election petition may be withdrawn only by leave of the Election Tribunal.

1 · FORM X

1 · Form 10 substituted vide Punjab Govt. Notification No.G.S.R. 59/P.A.19/1994/S.139/Amd.(6)/2008 dated November 11,2008

1 · Name of District_____________________________________________ 2 Name of Panchayat Samiti/Zda Parishad________________________ 3 Pace of meeting____________________________________________ 4 Date and hour of meeting__________________________________

5 · Names of candidates proposed for Chairman with names of their proposers and seconders —

6 · . Names of Candidates for Vice -Chairman and their proposers and seconders—

2 · FORM XIII

1 · Name of District ______________________________________________ 2 Name of Panchayat Samiti ___________________________________________ 3. Name of Gram Panchayat ______________________________________ 4. Place of meeting ______________________________________________ 5. Date and hour of meeting _______________________________________

2 · Form XIII inserted vide Punjab Govt. Notification No. G.S.R. 59/P A.19/1994/S. 1391Amd. (6)/2008 dated November 11., 2008.