THE PUNJAB MUNICIPAL ELECTION RULES, 1994

1 · Published in Punjab Govt.Gaz.(Extra),October 7,1994 at page 509

3 · Issue of directions by the Commission.- (1) On receipt of directions from the Commission, the District Electoral Officer shall take action for preparation or revision of the roll in accordance with such directions and these rules in respect of all or any of the Municipalities in his district as the case may be.

3 · [prepared in the manner specified above and the roll for the Punjab Legislative Assembly in relation to the area comprised in the said constituency for the time being in operation, shall be used in any election, with such modifications, as may be necessary :

2 · Added vide notification G.S.R.39/PA dated 27.9.2006.

3 · Amended by notification No.S.O.57/PA dated 4.8.2008 published on G.G.(Ewxtra),L.S.Part the dated 8.8.2008.

6 · Preparation of roll in parts.- (1) The roll shall be divided into convenient parts which shall be numbered consecutively.

7 · Order of names. -(1) The names of electors in each part of the roll shall be arranged according to house numbers subject to any general or special direction of the Commission in respect of any part that the names should be arranged in alphabetical order or that the names shall be arranged partly in one way and partly in other.

8 · Statement under section 29. -(1) Every person who holds a declared office or has a service qualification and desires to be registered in the roll of the constituency in which, but for his holding such office or having such qualification, he would have been ordinarily resident, shall submit to the Registration Officer of the constituency a statement in such one of the Form 1, Form 2, Form 3 and Form 4, as may be appropriate.

9 · Information to be supplied by occupants of dwelling houses.- The Registration Officer may, for the purpose of preparing the roll through house to house enumeration, issue letters of request in Form 5 to the occupants of dwelling houses in the constituency or any part thereof; and every person receiving any such letter shall furnish the information called for therein to the best of his ability.

10 · Access to certain registers.- For the purpose of preparing any roll or deciding any claim or objection to a roll, any Registration Officer and any person employed by him shall have access to any register of births and deaths and to the admission register of any educational institution, and it shall be the duty of every person in-charge of any such register to give to the said officer or person such information and such extracts from the said register as he may require.

11 · Publication of Roll in draft. -As soon as the Roll for a constituency is ready, the Registration Officer shall publish it in draft by making a copy thereof available for inspection and displaying a notice in Form 6.

17 · Rejection of certain claims and objections.- Any claim or objection which is not lodged within the period or in the form and manner, herein specified, shall be rejected by the Registration Officer.

18 · Acceptance of claim and objections without inquiry.- If the Registration Officer is satisfied as to the validity of any claim or objection, he may allow it the without further inquiry after the expiry of one week from the date on which it is entered in the list exhibited by him under clause (b) of rule 16 :

19 · Notice of hearing claims and objections.- (1) Where a claim or objection is not disposed of under rule 17 or rule 18, the Registration Officer shall, -

20 · Inquiry into claims and objections.- (1) The Registration Officer shall hold a summary inquiry into every claim or objection in respect of which notice has been given under rule 19 and shall record his decision thereon.

21 · Inclusion of names in advertently omitted,- (1) If it appears to the Registration Officer that owing to in advertence or error during preparation, the names of any electors have been left out of the Roll and that remedial action should be taken under this rule, the Registration Officer shall,--

22 · Deletion of names. -If it appears to the Registration Officer at any time before the final publication of the Roll that owing to inadvertence or error of otherwise, the names of dead persons or of persons who have ceased to be or are not, ordinarily resident in the constituency or of persons who are otherwise not entitled to be registered, that Roll, have been included in the Roll and that remedial action should be taken under this rule, the Registration Officer, shall;

23 · Final Publication of Roll. -(1) The Registration Officer shall thereafter.-

24 · Appeals from orders deciding claims and objections.(1) An appeal shall lie from any decision of the Registration Officer under rules 20, 21 and 22 to the Commission :

25 · Preparation of Roll on re-delimitation of constituencies.- (1) If any constituency is delimited a new in accordance with law and it is necessary urgently to prepare the Roll for such constituency, the Commission may direct that it shall be prepared ;

26 · Revision of Rolls. -(1) The Roll for every constituency shall be revised under sub-section (2) of section 30 either intensively or summarily or partly intensively and partly summarily, as Commission may direct.

27 · Correction of entries and inclusion of names in Electoral Role. -(1) Every application under section 31 or sun -section (1) of section 32 shall be made in duplicate in such one of the Forms 7, 9, 17 or 18 as may be appropriate and shall be accompanied by a fee of Rupee one :

29 · Identity Cards for electros in notified constituencies.— (1) The Commission may, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, by notification in the Official Gazette of the State, direct that the provision of this rule shall apply to any such constituency or part thereof as may be specified in the notification.

30 · Custody and preservation of Rolls and connected papers . -After the Roll for the constituency has been finally published, the following papers shall be kept in the office of the

33 · Notification of symbols.— The Commission shall by notification in the Official Gazette specify the symbols that may be chosen by candidates at elections to municipalities and may amend or vary the list of symbols from time to time.

34 · . Public notice of election. — On the issue of notification by the Commission under section 35 of the Act, the Returning Officer shall give public notice of the intended election in Form 19 by pasting the same outside his office; in the office of the municipality and at such other conspicuous place or places in the constituency as he may deem fit.

37 · . Authentication of Certificates issued by the Commission.A certificate issued by the commission under sub -section (3) of section 38 shall be signed by the Secretary to the Commission and shall bear its official seal.

41 · . Withdrawal of Candidature. -A notice of withdrawal of candidature shall be in Form 23 and on receipt of such notice, the Returning Officer shall note thereon the date and time at which it was delivered to him and publish a notice in Form 23-A,

42 · . Allocation of Symbols to Candidates.Immediately after the expiry of the time fixed for withdrawal of candidatures, the Returning Officer shall allot to each candidate who has not withdrawan his candidature, a symbol out of the approved list of symbols in accordance with such notification, order or direction which might have been issued by the Commission in this respect.

43 · . Preparation of list of Contesting Candidates.The list of contesting candidates shall be displayed outside the office of the Returning Officer in Form 24 and will contain the names of the candidates in alphabetical order alongwith the particulars of the candidates and symbol allotted to each candidate.

44 · Declaration of result in uncontested election. -(1) If the number of contesting candidates is equal to or less than the seats to be filled, the Returning Officer shall declare the result of the election in Form 25 and send signed copies of the declaration to the Commission and the District Electoral Officer.

45 · Appointment of Election Agents.- (1) Appointment of an election agent under section 44 shall be made in Form 26 and the 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 signatures in token of his approval of the appointment.

46 · . Appointment of Polling Agents.- (1) The number of polling agents that may be appointed under section 47 shall be one agent and two relief agents for one polling station.

47 · Revocation of the appointment of the Polling Agent.- (1) The revocation of the appointment of a polling agent under sub-section (1) of section 49 shall be made in Form 29 and lodged with the Presiding Officer.

48 · Voting to be in person . -Same as hereinafter provided in rule 49 all entitled to vote in an election shall do so in person through secret ballot at the polloing station provided for them.

48 · -B. Preparation of Voting Machine by the Returning Officer.- (1) The balloting Unit of the Voting Machine shall contain such particulars and in such language or languages as the Election Commission may specify.

4 · Rules 48 -A to 48 -E added by Notification G.S . R 39/P . A dated 27 . 9.2006 .

48 · -C. Arrangements at the Polling Station.- (1) The returning officer shall provide Th at each polling station one voting machine and copies of relevant part of the electoral roll and such other election material as may be necessary for taking the poll

48 · -D . Admission to polling station,- The presiding officer shall regulate the number of electors, to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than,-

48 · -E. Preparation of voting machine for poll.- (1) The control unit and balloting unit of every voting machine used at polling station shall bear a label marked with.-

49 · Voting by Postal Ballot.- (1) The following persons shall be entitled to vote by post

50 · Publication of hours fixed for polling . -The hours fixed for polling under section 57 shall be published by notification in the Official Gazette and also by affixing, copies of the notification at the offices of the District Electoral Officer and the Returning Officer.

51 · . Powers of the Presiding Officer, regarding General Superintendence . -The Presiding Officer shall in addition to other duties imposed upon him by these rules, be the incharge of all arrangements at the Polling Station and may issue orders as to the manner in which the electors shall be admitted to the Polling Station and for the maintenance of peace and order at and in the vicinity of the Polling Station.

52 · Identity mark on ballot papers.- The Commission may direct that before any ballot paper is delivered to an elector at the Polling Station, it shall be marked with such official mark as may be specified by the Commission in this behalf and also signed in full on its back by the Presiding Officer, The official mark shall be kept secret.

53 · Design of Ballot Boxes.- Every Ballot box shall be of such design as may be approved by the Commission.

54 · Form of Ballot Papers.- (1) Every ballot paper shall have a counterfoil attached thereto and the said ballot paper and the counterfoil shall be in such form and the particulars therein shall be in such language or languages as the Commission may direct.

55 · . Material to be supplied at the Polling Stations.- The Returning Officer shall provide at the Polling Stations ;-

56 · Arrangements at Polling Stations.- (1) Outside each polling station, there shall be displayed ;-

57 · . Admission to Polling Stations.The Presiding Officer shall regulate the number of electors to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than;—

58 · Preparation of Ballot Boxes for Poll.- (1) Before the commencement of the poll, the Presiding Officer shall show the ballot box to be used for the poll to the polling agents who may be present at the polling station so that they may see that the ballot box is empty. The Presiding Officer, shall then secure and seal the ballot box in such a manner that the slit for insertion of ballot papers remains open and shall allow the polling agents present to affix, if they so desire, their seals. The 1-31lot box shall bear labels both inside and outside marked with

59 · . Marked copy of electoral Roll.Immediately, before the commencement of the poll the Presiding Officer shall also demonstrate to the Polling Agents and others present that the marked copy of the electoral roll to be used during the poll does not contain any entry other than that made in pursuance of sub-rule (6) of rule 49.

61 · . Identification of electors and safeguards against impersonation.(1) Every elector, on entering the polling station, 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 allow his left fore-finger to be marked with indelible ink or already has mark on his left tore-finger or does anything to remove it, he shall not be supplied any ballot paper or allowed to vote.

62 · Seating arrangement of Polling Officers and voting procedure in the polling station.- (a) The table of the first Polling Officer shall be near the entrance inside the polling station and when an elector arrives at the polling station, this Polling Officer shall check the elector's name and other particulars with the relevant entry in the Roll and then call out the serial number, name and other particulars of the elector.

63 · Tendered votes. -If a person representing himself to be a particular elecor applies for a ballot paper after another person has already voted, as such elector he shall, after such enquiry as the Presiding Officer may make, be allowed to vote, in the following manner; namely

64 · Challeinging of identity of elector.- (1) Any Polling Agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of rupees five in cash with the Presiding Officer.

65 · Spoilt ballot Papers.- An elector who has inadvertantly spoilt his ballot paper in such a way that it cannot conveniently be used as a ballot paper, may, on delivering it to the Presiding Officer and satisfying him of his inadvertence, obtain another ballot-paper in place of the spoilt ballot paper and the latter shall be marked as "Cancelled". All such votes shall be put in a separate packet marked "Cancelled Votes".

67 · Returning of Ballot Papers by electors.-, (1) If an elector after obtaining any ballot-paper for the purpose of recording his vote decides not to use the same, he shall rel urn the ballot paper to the Presiding Officer, and the ballot paper so returned snail then be marked "Returned Cancelled" and kept in a separate packet set apart for the purpose and a record shall be kept by the Presiding Officer of all such ballot papers.

68 · Maintenance of secrecy of voting by elector.- (1) Every elector to whom a ballot paper has been issued under the provisions of these rules, shall maintain, secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down,

69 · Commencement and closing at Poll- The Poll shall be commenced and closed at the hour fixed in that behalf under section 57 and no elector shall thereafter be admitted into the polling station after the close of the poll:

70 · Account of Ballot Paper.- (1) The Presiding Officer shall at the close of the poll prepare a ballot account in Form 33 and if counting is not to be held immediately after the dose of poll, enclose it in a sealed cover with the words "Ballot Paper Account", subscribed thereon,

71 · Sealing of other packets.- (1) The Presiding Officer shall then make into separate packets—

72 · (1) If at any election any ballet box used at a potting station or any other place fixed for the Poll is unlawfully taken out of the custody of the Presiding Officer or is in any way tampered with or is intentionally or unintentionally destroyed, lost or damaged, the Presiding Officer will immediately submit report of facts to the Returning Officer who will forward it to the Commission with his comments and if the Commission is satisfied, on receipt of the report of the Presiding Officer through the Returning Officer, that in consequence thereof the result of the poll on that polling station cannot be ascertained; the Commission nay—

73 · Procedure for adjournment of poll.(1) If a poll at any station is adjourned for reasons provided in sections 58, 59 and 60, the provisions of the foregoing rules shall as far as applicable, apply as if the poll was closed at the hour fixed in that behalf under section 57.

74 · Programme for counting of votes.- (1) The Commission may direct as to whether the counting of votes is to be done at the polling station itself after the close of poll or at a different date time and place.

75 · Intimation of time and place for counting of votes. The i Returning Officer shall, at least, one week before the date or the first of the dates, fixed for poll, appoint the place or the places where counting of votes will be done and the date and time at which the counting will be done and shall give notice of the same in writing to each candidate or his election agent;

76 · Appointment of counting agents and revocation of such appointments.(1) Each contesting candidate shall, subject to such general or special direction as the Commission may issue in this behalf, appoint one counting agent for each polling station, one counting agent for the table of the Assistant Returning Officer if counting is to take place at a place different from the polling station and one counting agent for counting of postal ballot papers by the Returning Officer

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

78 · Maintenance of secrecy of voting.- The Returning Officer shall, before he commences the counting, read out the provisions of section 113 to such persons as may be present.

79 · Scrutiny and opening of ballot boxes.- (1) The Returning Officer my have all the ballot boxes, used at a polling station, opened and the ballot papers in such box or boxes counted simultaneously.

80 · Counting of votes.- (1) The ballot paper taken out of each ballot box shall

81 · Counting of votes received by post.(1) At the time fixed for counting of postal ballot papers, the Returning Officer shall open the covers in which the postal ballot papers have been received and examine the postal ballot papers and other papers contained in the cover:

82 · Recount of votes. -(1) A candidate or, in his absence, his election agent oi any of his counting agents may apply in writing to the Returning Officer to recount the votes either wholly, or in part stating the grounds on which he demand such recount.

83 · Intimation of result of counting to the Returning Officer.- After completion of cotnting, the Assistant Returning Officer shall forthwith send the result sheet in Form 35 to the Returning Officer.

84 · Declaration of result of election and return of election. -(a) The Returning Officer(s) shall enter the result of the counting of postal ballot papers and the result of counting of votes polled at all the polling stations in a constituency as received from the Assistant Returning Officer or Officers final result sheet in Form 35A and announce the particular:;

85 · Grant of certificate of election to returned candidate. -As soon as may be after a candidate has been declared by the Returning Officer under the provisions of section 54 or section 69, to be elected, the Returning Officer shall grant to such candidate a certificate of election in Form 38 and obtain from the candidate an acknowledgement of its receipt duly signed by him and immediately send the acknowledgement by registered post to the Commission.

86 · Sealing of used ballot papers.- The valid ballot papers of each candidate and the rejected ballot papers shall be bundled separately and the several bundles made up into a separate packet or packets for each candidate which shall be sealed with the seals of the Returning Officer and of such of the candidates, their election agents or counting agents as may desire to affix their seals thereon, and on the packets so sealed containing valid ballot papers of the candidates shall be recorded the following particulars, namely

90 · Petition to be dismissed on non -compliance of provisions of the Act and the rules . -If any of the provisions of the Act and rule 88 and rule 89 have not been c )plied with, the Election Tribunal shall pass an order dismissing the Election Petition and such order shall be final.

91 · Transmission of order to the prescribed authority and its publication . -On receipt of an order, made by the Election Tribunal, under section 87 or section 88, the Commission shall, besides publishing the order in the Official Gazette, also forward copy thereof to the Secretary to Government, Punjab, Department of Local Government.

93 · Maximum election expenses . -The Commission may, from time to time, by a notification in the Official Gazette, fix maximum election expenses which can be incurred by the candidate for election from one constituency and may fix different maximum limits of election expenses for election to a Municipal Corporation, a Municipal Council of Class-I, II and Ill and a Nagar Panchayat.

94 · Submission of return of election expenses . -Every contesting candidate at an election shall, within thirty days from the date of declaration of the result of the election, submit to the Commission an account of his election expenses in such proforma as may be specified by the Commission.

95 · Resignation incase of election from more than one constituency . -(1) Where a candidate has been elected from more than one constituency, he may resign from membership of the municipality from all but one constituency within a period of fifteen days from the date of notification 5(of his elections results] in the Official Gazette:

5 · . Substituted for the words 'of his elections ' vide notification No. S.O. 57/PA. dated 4.8 . 2008 Published in PGG(Extra) L.S. Part Ill dated 8.8.2008

96 · Custody of ballot boxes and papers relating to elections . -After the completion of the election, all the ballot boxes and papers relating to election shall be fowarded to the District Electoral Officer, who shall keep these in his custody till the expiry of one year from the date of election and shall then subject to any direction to the contrary of the Commission or Election Tribunal or a Competent Court, cause them to be destroyed.

97 · inspection of election papers and supply of certified copies thereof . -(1) Every person shall have the right to inspect the election papers other than ballot papers, counterfoils of the used ballot papers and the marked copy of the Electoral Rolls on payment of such fee as may be specified by the Commission.

98 · Power of the Commission to Issue instructions . -The Commission may, from time to time, issue instructions to carry out the purposes of the Act and of these rules. The instructions so issued by the Commission shall be complied with by all concerned.

99 · Final authority for the interpretation of the rules . -It any question arises regarding the interpretation of the rules, otherwise than in connection with the election petition, which has actually been presented, it shall be referred by the person or the official concerned to the State Government whose decision shall be final

100 · Overriding effect . -Subject to the provisions of the Act these rules shall have overriding notwithstanding anything inconsistent therewith contained in any other rules for the time being in force relating to matters covered under these rules or matters incidental thereto.

101 · Repeal . -The Municipal Election Rules, 1952, hereby repealed:

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5 · . All ordinary residents of the house should be included, whether thsy are members of the family or not, but do not enter the name of any person who is a member of the Armed Forces of India or is employed under the Government of India in a post outside India or the name of such person's wife if she ordinarily resides with him.

6 · in the case of every male citizen, enter in the second column the name of his father preceded by the words "san of".

1 · Substituted by Notification 5.0 57/13.A.19/ dated 4.8.2008, Published in P,G.G.(Extra) C.S. Part III dated 8.8.2008.

2 · Substituted by Notification SO. 57/P.A.19/ dated 4.8.2008, Published in P.G.G.(Extra) C.S. Part Ill dated 8 . 8 . 2008.

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3 · . * Ballot papers used at the Polling Station

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84 · of the Punjab Municipal Election Rules, 1994, I declare that_______ (Name) _ ___________________ (Address) Sponsored by_ y_____________________________