The Mizoram (Election to Village Councils) Rules, 2014
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement:
(1) These Rules may be called the Mizoram (Election to Village Councils) Rules, 2014.
(2) They shall have the like extent as the Act.
(3) They shall come into force from the date of their publication in the Mizoram Gazette.
2. Definitions:
(1) In these Rules, except where it is expressly provided otherwise or the context otherwise requires-
(a) “Act” means the Lushai Hills District (Village Councils) Act, 1953 as amended from time to time.
(b) “Ballot box” means any box, bag or other receptacle used for the insertion of ballot papers by voters;
(c) “Contesting candidate” means a candidate whose nomination has been duly accepted under Rule 43 and who has not withdrawn his candidature;
(d) “Constituency” means a Village Council constituency;
(e) “Corrupt practices” means the corrupt practice as defined in section 123 of the Representation of the People Act, 1951 (43 of 1951) in so far as they are relevant to the system of Village Council election under these Rules;
(f) “District” means an administrative district;
(g) “District Election Officer” means the District Election Officer appointed or designated under Rule 5;
(h) “Election” means an election to fill vacancy or vacancies in a Village Council;
(i) “Election Tribunal” means an election tribunal constituted under Rule 86 and 87;
(j) “Elector” means a person whose name is for the time being entered in the electoral roll;
(k) “Electoral Registration Officer” means the Officer appointed or designated as such under Rule 6 in connection with preparation and revision of electoral rolls;
(l) “Electoral Roll” means a list of persons whose names are registered and who are entitled to vote in an election under these Rules;
(m) “Form” means a form appended to these Rules;
(n) “Governor” means the Governor of Mizoram appointed by the President of India under Article 155 of the Constitution;
(o) “Multiple election” means an election to fill two or more vacancies at one time where each elector is entitled to give as many votes as there are vacancies to be filled;
(p) “Presiding Officer” means an Officer appointed under Rule 11 to conduct election in a polling station under these Rules;
(q) “Polling Officer” means and officer appointed to assist the Presiding Officer to conduct election in a polling station;
(r) “Qualifying Date” means the first day of January of the year in which the Electoral Roll is prepared ;
(s) “Qualifying Period” means the year which immediately precedes the year in which the Electoral Roll is prepared;
(t) “Returning Officer” means an Officer appointed or designated as such under Rule 8 who shall be responsible for the proper conduct of election in one or more constituencies and he may be assisted by Assistant Returning Officer;
(u) “Roll” means Electoral Roll;
(v) “State Election Commission” means the State Election Commission constituted by the State Government.
(2) Words and expressions which are not defined in these Rules but defined in the Act.
CHAPTER - II
STATE ELECTION COMMISSION AND APPOINTMENT OF OFFICERS
3. State Election Commission:
(1) The State Election Commission duly constituted by the State Government, consisting of a State Election Commissioner appointed by the Governor under Article 243K of the Constitution of India read with sub-section (1) of section 345 of the Mizoram Municipalities Act, 2007 shall be
vested with the superintendence, direction and control of the preparation of the electoral rolls for and the conduct of all elections to the Village Councils under these Rules.
(2) The State Election Commission shall co-ordinate and supervises the works of all District Election Officers in the State in the discharge of their functions and duties under these Rules.
4. Observers:
(1) The State Election Commission may appoint a Roll Observer who shall be an officer of the Central or State Government or Pubic Undertakings to review, supervise and monitor the preparation, or revision of electoral roll and to perform such other functions as may be entrusted to him by the State Election Commission;
(2) The State Election Commission may also appoint an Election Observer, who shall be an officer of the Central or State Government or Public Undertakings to watch the conduct of election or elections in a Constituency or a group of Constituencies and to perform such other function as may be entrusted to him by the State Election Commission. The Election observer so appointed or nominated shall report to the State Election Commission and function under the direction and control of the State Election Commission.
5. District Election Officer:
(1) For each administrative District to which these Rules extend, the State Election Commission shall appoint the concerned Deputy Commissioner as District Election Officer for the preparation of Electoral Rolls and the conduct of elections under these Rules.
(2) The State Election Commission may appoint Election Officer of the District Election Officer’s office or such other Officer of the State Government as may be necessary as Assistant District Election Officer to assist the District Election Officer and perform such duties under his direction.
(3) The District Election Officer shall also perform such other functions and duties as may be directed by the State Election Commission from time to time.
6. Electoral Registration Officer:
(1) For each Administrative District to which these Rules extend, the State Election Commission shall appoint or designate any officer of the State Government as Electoral Registration Officer to perform all necessary functions for the preparation and revision of electoral rolls for all Village Council constituencies in the District.
(2) The State Election Commission may designate one or more officers as Assistant Electoral Registration Officer to assist the Electoral Registration Officer and perform duties under his direction.
(3) The Electoral Registration Officer shall also perform such other functions as may be directed by the State Election Commission.
(4) An Electoral Registration Officer may, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.
7. One Officer may be appointed or designated as both District Election Officer and Electoral Registration Officer: Nothing in these Rules shall prevent the State Election Commission from appointing or designating one and same Officer to be both the District Election Officer and the Electoral Registration Officer for the same district.
8. Returning Officer:
(1) For every election to fill a seat or seats of a Village Council in any constituency, the State Election Commission shall, in consultation with the concerned District Election Officer, appoint any officer of the State Government to be the Returning Officer to conduct the election in that constituency. There shall be a separate Returning Officer for each of the Village Council constituency.
(2) If the District Election Officer is satisfied that the functions of the Returning Officer in any constituency cannot be performed satisfactorily by one officer, he may, submit proposal to the State Election Commission, for appointment of any officer of the State Government to be Assistant Returning Officer to assist the Returning Officer in the conduct of election in that constituency.
(3) Every Assistant Returning Officer shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer.
9. Returning Officer to include Assistant Returning Officers performing the functions of the Returning Officer: All references in these Rules to the Returning Officer shall, unless the context otherwise requires, be deemed to include an Assistant Returning Officer performing any function which he is authorized to perform under Rule 8.
10. General duty of the Returning Officer : It shall be the general duty of the Returning Officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by these Rules or orders made thereunder.
11. Presiding Officer and Polling Officers for Polling Station:
(1) The District Election Officer shall, in consultation with the State Election Commission, appoint a Presiding Officer for each Polling Station and such Polling Officers as may be required from amongst the employees of the State Government to conduct the election in the manner provided by these Rules or orders made there under.
(2) If the Presiding Officer, owing to illness or other unavoidable cause, is unable to perform his functions, the Polling Officer whose name stands at serial number one of the list of Polling Officers, shall perform the functions of the Presiding Officer.
(3) References in this Rule to the Presiding Officer shall, be deemed to include the Polling Officer, who performs the functions of the Presiding Officer under sub-rule (2) of this Rule.
12. Duties of Presiding Officer: The Presiding Officer shall -
(1) keep order at the Polling Station;
(2) ensure that the poll is taken fairly and strictly in accordance with the provisions of these Rules;
(3) regulate the number of voters to be admitted at any one time inside the Polling Station and exclude there from all other persons except-
(a) the Polling Officers and other staff engaged on polling duty;
(b) the Candidates, Election Agents and the Polling Agents;
(c) Public Servants including Police personnel on duty;
(d) a child in arm accompanying a voter;
(e) a companion of illiterate or blind or infirm elector;
(f) observers appointed by the State Election Commission;
(g) persons authorized by the State Election Commission such as media persons.
13. Duties of Polling Officers and other Staff:
(1) It shall be the duty of the Polling Officers at a Polling Station to issue Ballot Papers to electors according to the provisions of Rule 57 and to mark on the electors to whom ballot papers are issued, and to assist the Presiding Officer as may be required by him.
(2) For the purpose of sub-rule (1), the Polling Officers shall be provided with-
(a) a sufficient number of Ballot Papers;
(b) the Electoral Roll of the constituency;
(c) a stamp pad as may be required for taking thumb impression of illiterate elector under sub-rule
(2) of Rule 57 and;
(d) other articles or form which may be required.
(3) The other Staff appointed, if any, in a Polling Station shall perform such functions and duties as may be assigned to them by the Presiding Officer.
14. Functions of the Returning Officer and the Presiding Officer:
(1) The Returning Officer shall function under the control and supervision of the District Election Officer and shall perform such functions and duties as may be directed by the State Election Commission or the District Election Officer.
(2) The Presiding Officer shall function under the control and supervision of the Returning Officer and shall perform such functions and duties as may be directed by the District Election Officer or the Returning Officer, as the case may be.
15. Observer, District Election Officer, Electoral Registration Officer, Returning Officer etc deemed to be on deputation to the State Election Commission: The Observer, District Election Officer, Electoral Registration Officer, Returning Officer etc referred to in Chapter - II, and any other officers or staff employed in connection with the preparation, revision and correction of electoral rolls for, and the conduct of, all elections shall be deemed to be on deputation to the State Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the State Election Commission.
CHAPTER – III
ELECTORAL ROLL
16. Electoral Roll for every Constituency and adoption of electoral roll of the Assembly
Constituency:
(1) For every Village Council Constituency, there shall be prepared an electoral roll in accordance with the provisions of these Rules.
(2) Notwithstanding anything contained in these Rules, the State Election Commission may prepare the electoral rolls of Village Councils without conducting an enumeration by adopting the last published electoral rolls of the Assembly Constituencies prepared for the purpose of election to the State Legislative Assembly under the provisions of the Representation of the People Act, 1950 (Act 43 of 1950) as draft roll or mother roll.
(3) The electoral roll of Assembly Constituency as adopted under sub-rule (2) shall be divided into separate parts for each Village Council Constituency and all electors included in the electoral roll for the Assembly Constituency relating thereto shall be incorporated in the electoral roll of
the Village Council Constituency concerned.
17. Preparation and Revision of Electoral Roll:
(1) Notwithstanding anything contained in Rule 16, the roll shall be revised either intensively or summarily or partly intensively and partly summarily as the State Election Commission may direct.
(2) The Electoral Roll for every constituency shall be prepared by reference to the qualifying date before each general election or mid-term or by-election to the Village Councils. The Electoral Roll so prepared and published in accordance with the provisions of these Rules may be referred to as the mother roll of the constituency.
(3) The Electoral Rolls under these Rules need not be revised annually or summarily as a matter of course. However, if in the opinion of the State Election Commission there is sufficient reason so to do, it may, by a notification, order that the Electoral Roll or rolls of particular constituency or constituencies shall be revised summarily at any time of the year other than the year before or during which the Election to Village Councils was conducted.
(4) For the purpose of sub-rule (3), re-election of a dissolved Village Council to restore the Village Council for remaining period of the general term, or by-election to fill casual vacancy in a Village Council at any time, shall not normally be counted as a sufficient reason for ordering summary revision.
(5) Summary revision under sub-rule (3) shall be done in such a way that the Electoral Registration Officer shall, by reference to the mother roll, invite claims and objections and dispose them of in the manners as provided under the following Rules, and shall publish a list of amendments containing additions or deletions or both showing the year of such revision, and shall append the lists to the mother roll. The mother roll together with such lists of additions or deletions or both appended to it, shall become the Electoral Roll of the constituency.
18. Disqualifications for registration in an Electoral Roll:
(1) A person shall be disqualified for registration in an Electoral Roll if he
(a) is not a Citizen of India; or
(b) is not a member of a Scheduled Tribe whose affairs are triable by Village Court under Rule 14 of the Lushai Hills Autonomous District (Administration of Justice) Rules, 1953; or
(c) is of unsound mind standing so declared by a competent court; or
(d) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.
(2) The name of any person who becomes so disqualified after having been registered in an Electoral Roll shall forthwith be struck off from the Electoral Roll in which it is registered.
(3) Notwithstanding anything contained in clause (b) of sub-rule (1), permanently resident Gorkhas and their direct descendants as notified by the State Government, who are not otherwise disqualified, shall be entitled to be registered in an Electoral Roll.
19. No person to be registered in more than one constituency: No person shall be entitled to be registered in the Electoral Roll for more than one constituency at a time.
20. No person to be registered more than once in any constituency: No person shall be entitled to be registered in the Electoral Roll for any constituency more than once.
21. Conditions of Registration:
(1) Subject to the provisions of foregoing Rules in this chapter, every person who -
(a) is not less than eighteen years of age on the qualifying date, and
(b) is ordinarily resident in a constituency for one hundred eighty days during the qualifying period, shall be entitled to be registered in the Electoral Roll for that Constituency.
(2) For the purpose of clause (b) of sub-rule (1), the expression “Ordinarily Resident” shall have the same meaning as assigned to it by section 20 of The Representation of the People Act, 1950 (43 of 1950).
22. Making false declaration: If any person makes any false declaration in connection with:-
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
23. Order of Names:
(1) The name of Elector in each roll shall be arranged so far as practicable according to house number of the mother roll.
(2) The names of electors in each part of the roll shall be numbered, so far as practicable, consecutively with a separate series of numbers beginning with the number one.
24. Electoral Roll not be divided in parts:
(1) The Electoral Roll of a Village Council constituency shall not be divided in parts but shall be numbered consecutively beginning from the number one.
(2) Where there are different localities in a constituency, the Electoral Registration Officer may direct to enter the names of the electors in the locality wise by dividing into sections. This, however, shall not be compulsory but shall be left at the free discretion of the Electoral Registration Officer. In any case, the serial numbers of the electors shall be consecutive all through.
25. Information to be supplied by occupants:
(1) The Electoral Registration Officer may, for the purpose of preparing electoral roll, send letter of request in Form 1 to the occupants of any dwelling house in a constituency, if no person is available to give the required information on particulars of the occupants at the time of visit during Intensive Revision of Electoral Roll, and every person receiving any such letter shall furnish the information called for therein to the best of his knowledge and ability.
(2) In case any question arises as to whether a person is ordinarily resident at a place at a relevant time, the instructions prescribed in Form 1 may also be considered by the State Election Commission for the determination of a person’s ordinary residence.
26. Access to certain registers: For the purpose of preparing electoral roll or deciding any claim or objection to electoral roll, the Electoral Registration Officer and any person employed by him for the purpose 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.
27. Publication of Electoral Roll in draft: As soon as the Electoral Roll for a constituency is ready, the Electoral Registration Officer shall publish it in draft, by making a copy thereof available for inspection and displaying a notice in Form 2-
(a) at his Office, and
(b) at such place in the constituency as may be specified by him for the purpose.
28. Further publicity to the draft roll and notice: The Electoral Registration Officer shall also-
(a) make a copy of each draft roll with a copy of the notice in Form 2 available for inspection at a specified place accessible to the public and in or near the constituency to which the draft roll relates;
(b) give such further publicity to the notice in Form 2 as he may consider necessary; and
(c) supply free of cost two copies of each draft roll to every Political Party recognised by the Election Commission of India.
29. Period for lodging claims and objections: Every claim for the inclusion of a name in the roll and every objection to an entry therein shall be lodged within a period of fifteen days from the date of publication of the roll in draft under Rule 27:
Provided that the State Election Commission may by a notification extend the period not exceeding 15 days in respect of a district as a whole or in respect of any constituency.
30. Form for claims and objections:
(1) Every claim shall be in Form 3 and signed by the person desiring his name to be included in the roll.
(2) Every objection to the inclusion of a name in the roll shall be in Form 4 and preferred only by a person whose name is already included in the roll in which the name objected to appears.
(3) Every objection to a particular or particulars in an entry in the roll shall be in Form 5 and preferred only by the person to whom that entry relates.
31. Manner of lodging claims and objections:
Every claim and objection shall-
(a) either be presented to the Electoral Registration Officer or to any person employed by him in this behalf who shall forward it with such remarks as he considers proper to the Electoral Registration Officer; or
(b) be sent by post to the Electoral Registration Officer.
32. Disposal of claims and objections: The Electoral Registration Officer shall-
(a) ensure that all claims and objections received after draft publication within the prescribed time period are duly disposed of in accordance with law and directions or instructions of the State Election Commission;
(b) reject any claim or objection that is not lodged within the period or in the Form and manner specified under Rule 31;
(c) hold a summary enquiry into every claim or objection in respect of which a notice has been given and shall record his decision thereon. At the hearing, claimant, or as the case may be, objector and the person objected to and any other person, who, in his opinion, is likely to be assistance to him, shall be entitled to appear and to be heard;
(d) record not only his decision in each case but also brief reasons for the decision;
(e) dispose of all the claims and objections within thirty days from the last date of the period for lodging such claims and objections under Rule 29;
(f) communicate his decision to every applicant within 24 hours from the date of order made by him to enable the applicants whose applications are rejected to file their appeals within the stipulated period of fifteen days.
33. Final publication of electoral roll:
(1) The Electoral Registration Officer shall thereafter-
(a) prepare a list of amendments to carry out his decisions under Rule 32 and to correct any clerical or printing errors or other inaccuracies subsequently discovered in the roll;
(b) publish the roll, together with the list of amendments by making a complete copy thereof available for inspection and displaying a notice in Form 6 at his office; and
(c) subject to such general or special directions as may be given by the State Election Commission, supply free of cost, two copies of the roll, as finally published, with the list of amendments, if any, to every political party for which a symbol has been exclusively reserved by the Election Commission of India.
(2) On such publication, the roll together with the list of amendments shall be the electoral roll of the constituency.
(3) Where the roll, together with the list of amendments, becomes the electoral roll for a constituency under sub-rule (2) the Electoral Registration Officer may, for the convenience of all concerned, integrate, subject to any general or special directions issued by the State Election Commission in this behalf, the list in to the basic roll by incorporating inclusion of names, amendments, deletion of entries in the relevant parts of the basic roll itself, so however that no change shall be made in the process of such integration in the name of any elector or in any particulars relating to any elector, as given in the list of amendments.
34. Appeals from orders deciding claims and objections:
(1) An appeal shall lie from any decision of the Electoral Registration Officer under Rule 32 to such officer of Government as the State Election Commission may designate in this behalf (hereinafter referred to as the appellate officer):
Provided that an appeal shall not lie where the person desiring to appeal has not availed himself of his right to be heard by, or to make representations to the Electoral Registration Officer on the matter which is the subject of appeal.
(2) Every appeal under sub-rule (1) shall be-
(a) in the form of a memorandum signed by the appellant and accompanied by a copy of the order appealed against and a fee of Rs.10 (Rupees ten) to be paid-
(i) by means of non-judicial stamps, or
(ii) in such other manner as may be directed by the State Election Commission, and
(b) presented to the appellate officer within a period of fifteen days from the date of announcement of the decision of the Electoral Registration Officer or sent to that officer by registered post so as to reach him within that period.
(3) The presentation of an appeal under this Rule shall not have the effect of staying or postponing any action to be taken by the Electoral Registration Officer under Rule 33.
(4) Every decision of the appellate officer shall be final; but insofar as it reverses or modifies a decision of the Electoral Registration Officer, shall take effect only from the date of the decision in appeal.
(5) The Electoral Registration Officer shall cause such amendments to be made in the roll as may be necessary to give effect to the decisions of the appellate officer under this Rule.
35. Breach of official duty in connection with the preparation etc, of electoral rolls:
(1) If any Electoral Registration Officer, Asst. Electoral Registration Officer or other person required by or under this Rule to perform any official duty in connection with the preparation, revision or correction of an electoral roll or inclusion or exclusion of any entry in or from such electoral roll is, without reasonable cause, guilty of any act or commission in breach of such official duty, he shall be punishable with fine which may extend to five hundred rupees;
(2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid;
(3) No court shall take cognizance of any offence punishable under this Rule unless there is a complaint made by an order of, or under the authority from the State Election Commission or the District Election Officer concerned.
CHAPTER IV
NUMBER OF VACANCIES, ELECTION NOTICE, NOMINATIONS,
SCRUTINY AND SYMBOLS
36. Publication of Village numbers and vacancies: As soon as may be after the publication of final electoral rolls under Rule 33 or 34 as the case may be, the State Election Commission, in consultation with the District Election Officer, shall publish a list of Village Councils for which election is to be held, giving each village a distinctive village number and showing number of vacancies to be filled in each by such election.
37. Notification for General Election to Village Councils:
(1) A general election to Village Councils shall be held on or before the expiration of the duration of the existing Village Councils or on their dissolution, if any, and the State Election Commission shall call upon every constituency to elect members of the Village Council in accordance with
this Rule within such time as may be specified in such notification.
(2) For the purpose of holding elections to fill ordinary or casual vacancies, the State Election Commission shall by a notification in the Official Gazette, appoint –
(a) the last date for making nominations which shall be the seventh day after the date of publication of the first mentioned notification or, if that is a public holiday, the next succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations which shall be the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(c) the last date for the withdrawal of candidature, which shall be the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(d) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the fourteenth day after the last date for the withdrawal of candidatures; and
(e) the date before which the election shall be completed.
(3) (a) Where general election is to be held otherwise on the dissolution of the existing Village Council, no such notification shall be issued earlier than 6 months prior to the date on which the duration of the Village Council would expire.
(b) When a Village Council is dissolved, election to constitute the Village Council for the remaining period of the fixed tenure, shall be completed before the expiry of 6 months from the date of its dissolution:
Provided that where the period for which such dissolved Village Council would have continued is less than six months, it shall not be necessary to hold any election to constitute the Village Council for the remaining period.
38. Timeline for issue of notification:
(1) The period between announcement of schedule of elections to the Village Councils by the State Election Commission and issue of notification for the elections to the Village Councils by the State Election Commission shall not exceed fourteen days.
(2) The notification for election to Village Councils shall be issued on a date, giving time not less than seven days ahead of the date appointed for the last date of filing of nominations.
(3) The date or dates of poll shall be fixed, leaving at least twenty one days between the date fixed for withdrawal of candidature and actual date of poll, for preparation of ballot boxes, ballot papers and other election materials.
39. Public notice of intended election and time of nominations: On the issue of a notification by the State Election Commission under Rule 37, the Returning Officer shall, in Form 7, give public notice of the intended election in such form and manner, as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.
40. Qualifications of candidates: Every person whose name is registered in the electoral roll of the Village Council concerned under Rule 17 of these Rules and who is not disqualified to be a member of Village Council under section 4 of the Lushai Hills District (Village Councils) Act, 1953 shall be qualified to be a candidate for election.
41. Filing of nomination: Any person who is qualified to be a candidate under Rule 40 may offer himself as a candidate and file his own nomination duly countersigned by an witness, who is an elector of the constituency, in Form 8 and deliver it in person or by his representative at the appointed place and within the appointed date under Rule 37 and 39, between the hours of eleven O’clock in the forenoon and three O’clock in the afternoon: Provided that no nomination paper shall be delivered to the Returning Officer on a day which is a public holiday.
42. Security deposit, refund or forfeiture:
(1) A candidate shall deposit a security deposit of rupees five hundred along with his nomination paper which shall be refunded to him at once in the case of his withdrawing the candidature, or as early as possible after the conclusion of the election unless he forfeits the deposit.
(2) The Returning Officer shall issue to the candidate a receipt in Form 9 which shall be taken back from him in the case of refund of the deposit.
(3) The security deposit of a candidate shall be forfeited to the State Government if-
(a) at an election to fill one vacancy the candidate is not elected and the number of valid votes polled by him is less than one-sixth of the total number of valid votes polled by all candidates; or
(b) at an election to fill two or more vacancies the candidate is not elected and the total valid votes polled by him is less than one- sixth of the total votes polled by all the candidates divided by the number of vacancies.
43. Scrutiny of nominations:
(1) On the date appointed for the scrutiny of nominations under Rule 37 and 39, the candidates and one person duly authorized in writing by each candidate, but no other person, may attend at such place and time as the Returning Officer may appoint for such scrutiny. The Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered in time.
(2) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds:
(a) that the candidate is either not qualified or disqualified for being elected as a member of Village Council under the provisions of the Act or of these Rules; or
(b) that there has been a failure to comply with the provisions of Rule 41 or Rule 42; or
(c) that the signature of the candidate/thumb impression on the nomination paper is not genuine:
Provided that the nomination of a candidate shall not be rejected merely on the ground of any incorrect description of his name or of any other particulars relating to the candidate as entered in the electoral roll, if the identity of the candidate, as the case may be, is otherwise established beyond reasonable doubt.
(3) The Returning Officer shall endorse on each nomination paper, his decision, accepting or rejecting the same and, if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection. The scrutiny shall be completed on the date appointed in this behalf and no adjournment of the proceedings shall be allowed except where such proceedings are interrupted or obstructed by riot or open violence or for causes beyond the control of the Returning Officer:
Provided that in case an objection is made, the candidate concerned may be allowed time to rebut the same not later than the next day and the Returning Officer shall record his decision on the date to which the proceedings are adjourned.
(4) Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the Returning Officers shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice board. Form 10 “List of validly nominated candidates” shall be arranged under three categories-
(a) Candidates of recognized national parties and state political parties:
(b) Candidates of registered Political Parties other than those recognised National and State Political Parties.
(c) Other (Independent) candidates.
44. Withdrawal of candidature:
(1) Any candidate may withdraw his candidature by a written notice in Form 11 and subscribed by him and delivered before three O’clock in the afternoon on the last date fixed under Rule 39 for such withdrawal, to the Returning Officer either by such candidate or any person authorized by him in writing in that behalf. The Returning Officer shall normally accept such withdrawal and refund the security deposit to the withdrawing candidate.
(2) No person who has given a notice of withdrawal of candidature under sub-rule(1) shall be allowed to cancel the notice.
45. Election without contest: If, after the scrutiny of nominations or expiry of the period within which candidatures may be withdrawn, the number of valid candidates is either less than or equal to the number of vacancies to be filled, the Returning Officer shall forthwith declare all the validly nominated candidates elected without contest.
46. Allotment of symbols and publication of list of contesting candidates:
(1) In every contested election under these Rules, a symbol shall be allotted to all contesting candidates.
(2) If, immediately after the expiry of the period within which candidatures may be withdrawn under sub-rule (1) of Rule 44, the no. of validly nominated candidates is more than the no. of vacancies to be filled for a Village Council, the Returning Officer shall forthwith consider the allotment of symbols to those contesting candidates who have not withdrawn their candidatures.
(3) For the purpose of these Rules, symbols are either “reserved” or “free” as shown in Table-I and Table-II respectively in the Appendix. A reserved symbol is a symbol which is reserved for recognized political party for exclusive allotment to a contesting candidate or candidates set up by that party. A free symbol is a symbol other than a reserved symbol.
(4) For the purposes of these Rules, a recognized political party means a political party as may be recognized by the Election Commission of India as a National Party or a State Party of Mizoram as on the date of notification under Rule 37.
(5) Subject to the provisions of sub-rule (3), a candidate set up by a recognized political party shall choose, and be allotted, the symbol reserved for that party and no other symbol.
(6) Subject to the provisions of Sub-Rule (3), a candidate set up by a registered but unrecognized political party shall be given a preference of choosing any symbol out of the symbols specified as “Free symbols”.
(7) Any candidate other than a candidate of a recognized or a registered but unrecognized political party shall choose and be allotted one of the symbols specified as “free symbols”. If the choices come into conflict, the Returning Officer shall allot” symbols in conformity, as far as possible, with the wishes of the candidate and, if necessary, by lot and his decision shall be final.
(8) Each candidate or his election agent shall forthwith be informed of the symbol allotted to the candidate and shall be given a specimen thereof.
(9) A candidate shall be deemed to be set up by a recognized political party if-
(a) the candidate has made a declaration to that effect in his nomination paper;
(b) a notice in writing in Form 12 to that effect has, not later than 3:00 p.m. on the last date of withdrawal of candidatures, been delivered to the Returning Officer; and
(c) the said notice is signed by the Unit President of the recognized political party.
(10) A candidate shall be deemed to be set up by a registered but unrecognized political party if –
(a) the candidate has made a declaration to that effect in his nomination paper,
(b) a notice in writing in Form 12 to that effect has, not later than 3:00 p.m. on the last date of withdrawal of candidatures, been delivered to the Returning Officer,
(c) the said notice is signed by the Unit President of the registered but unrecognized political party, and
(d) a copy of the letter registering the said political party by the Election Commission of India is enclosed.
(11) The Returning Officer shall then prepare a list in Form 13 of all contesting candidates with their distinctive symbols and display it on the wall of Polling Station and also in two or more conspicuous places in the constituency.
(12) The list shall contain the names of contesting candidates as prescribed in their nomination papers in alphabetical order and in the same order as specified below:-
(a) candidates of recognized political parties;
(b) candidates of registered political parties with a reserved symbol;
(c) candidates of registered political parties without a reserved symbol;
(d) independent candidates.
CHAPTER V
CONDUCT OF ELECTION
47. Polling Station:
(1) One or more Polling Station shall be set up for each constituency depending upon the number of electors in the Electoral Roll of the constituency. At each Polling Station, there shall be set up one or more voting compartments in which electors can record their votes free from observation.
(2) The District Election Officer shall provide at each polling station-
(a) a ballot box or boxes as may be necessary with reference to the number of electors assigned to it;
(b) marked copies of the Electoral Roll of the constituency;
(c) ballot papers;
(d) materials for making voting compartments;
(e) arrow cross mark rubber stamp to mark ballot papers;
(f) distinguishing mark rubber stamp;
(g) seal of Presiding Officer;
(h) indelible ink;
(i) statutory and non-statutory forms, other papers and stationery.
(3) Outside each Polling Station, there shall be displayed prominently-
(a) A copy of the list of contesting candidates and their distinctive symbols in Form 13.
(b) A notice specifying the polling area; and
(c) A notice showing the hours of poll.
48. Appointment of Election Agent, Polling Agents and Counting Agents:
(1) Election Agent:
(a) A candidate at an election may appoint, in the prescribed manner any one person other than himself to be his Election Agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner, to the Returning Officer.
(b) Any person, who is, for the time being disqualified under these Rules for being a member of a Village Council, shall be disqualified for being an Election Agent at any election.
(c) The notice for appointment of an Election Agent shall be in Form 14 and such notice with 2 copies shall be forwarded to the Returning Officer and subject to the conditions of clause (a) & (b), the Returning Officer shall return one copy thereof to the Election Agent after affixing thereon his seal and signature as a token of his authority.
(d) An Election Agent may perform such functions in connection with the election as are authorized by or under these Rules to be performed by an Election Agent.
(e) Any revocation of the appointment of an Election Agent in Form 15, shall be signed by the candidate, and shall operate from the date on which it is lodged with the Returning Officer.
(2) Polling Agent:
(a) The number of Polling Agents that may be appointed by a Contesting Candidate or his Election Agent, shall, in respect of each Polling Station, be one agent and a relief agent.
(b) Every such appointment of Polling Agent shall be made in Form 16 and the Polling Agent shall deliver it to the Presiding Officer.
(c) No Polling Agent shall be admitted to the Polling Station unless he has delivered to the Presiding Officer the instrument of his appointment under sub-rule(2)(b) after duly completing and signing before the Presiding Officer the declaration contained therein.
(d) Any revocation of the appointment of a Polling Agent in Form 17 shall be signed by the Candidate or his Election Agent and shall operate from the date on which it is lodged with such officer as may be prescribed, 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 in the prescribed manner another Polling Agents at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to such officer as may be prescribed.
(3) Counting Agent:
(a) A Contesting Candidate or his Election Agent may appoint in the prescribed manner one or more persons, but not exceeding such number as may be prescribed by the State Election Commission, to be present as his Counting Agent or Agents at the counting of votes, and when any such appointment is made notice of the appointment in Form 18 shall be given, in the prescribed manner, to the Returning Officer.
(b) Any revocation of the appointment of a Counting Agent shall be signed by the Candidate or his Election Agent in Form 19 and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such revocation or of the death of a Counting Agent before the commencement of the counting of votes, the Candidate or his Election Agent may appoint in the prescribed manner another Counting Agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the prescribed manner to the Returning Officer.
(4) Functions of Polling Agents and Counting Agent:
(a) A Polling Agent may perform such functions in connection with the poll as are authorised by or under these Rules, to be performed by a Polling Agent;
(b) A Counting Agent may perform such functions in connection with the counting of votes as are authorised by or under these Rules to be performed by a Counting Agent;
(5) Attendance of a Contesting Candidate or his Election Agent at Polling Stations, and performance by him of the functions of a polling agent or counting agent:
(a) At every election where a poll is taken, each Contesting Candidate at such election and his Election Agent shall have a right to be present at any polling station provided under Rule 48 for the taking of the poll.
(b) A Contesting Candidate or his Election Agent may himself do any act or thing which any Polling Agent or the Counting Agent of such Contesting Candidate, if appointed, would have been authorised by or under these Rules to do, or may assist any Polling Agent or the counting agent of such Contesting Candidate in doing any such act or thing.
(6) Non-attendance of polling or counting agent: Where any act or thing is required or authorised by or under these Rules to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
49. Fixing the time of Poll: The State Election Commission shall fix the hours during which the poll will be taken and the hours so fixed shall be published by notification in the official gazette: Provided that the total period allotted on any one day for polling shall not be less than eight hours in between 7:00 A.M to 5:00 P.M.
50. Method of Voting:
(1) At every election where a poll is taken under these Rules, votes shall be given by ballot and no votes shall be received by proxy.
(2) Save as otherwise provided, all electors voting at an election shall exercise their franchise in person at the Polling Station provided under Rule 47.
51. Ballot Box:
(1) There shall be a single ballot box for all contesting candidates at each polling station. A ballot box shall be made of strong materials such as plastic, wood iron and shall be constructed in such a way that ballot papers can be inserted therein but cannot be withdrawn there-from without the box being unlocked.
(2) Every ballot box used at a Polling Station shall bear label outside and marked with the number & name of the Constituency, and the serial number of the Polling Station if more than one Polling Station are set up for one Village Council.
(3) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the contesting candidates, polling agents and other persons who are present that the ballot box is empty and bears the labels referred to in sub-rule (2).
(4) The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer and the Polling Agents.
52. Ballot Papers:
(1) Every ballot paper shall be in Form 20 with a counterfoil portion shall be provided a space for signature or thumb impression of elector just above the words “Signature or Thumb Impression” on the right hand side.
(2) On each ballot paper the names of all contesting candidates shall be printed with their respective symbols in the order in which their names are published under sub-rule (12) of Rule 46 in Form 13.
(3) The ballot papers shall be serially numbered and shall be stamped on their reverse by such distinguishing marks, so that the determination of a ballot paper as the original part of a counterfoil can be determined or in such a manner as the State Election Commission may direct from time to time.
53. Procedure for voting by a voter on election duty:
(1) A voter on election duty, who wishes to vote, shall, at least five days before the date of poll, approach the District Election Officer concerned and make an application in Form 21 for the issuance of the ballot paper in order to enable him to cast his vote as may be prescribed by the State Election Commission.
(2) The District Election Officer shall, on being satisfied as to the identity of such voter on production of the letter of appointment in connection with the election -
(a) have the person’s name marked in the electoral roll; and
(b) issue to such voter a ballot paper and permit him to vote on the spot with instrument provided for the purpose.
(3) After recording his vote, such voter shall make over the ballot paper to the District Election Officer in a sealed cover for onward dispatch to the Returning Officer concerned.
(4) The District Election Officer shall keep the counterfoil of such ballot paper in a separate sealed cover and keep the cover containing the ballot paper in his safe custody.
54. Challenging of identity:
(1) Any Polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of rupees ten in cash with the Presiding Officer for each such challenge.
(2) In the case of challenge made under sub-rule (1) the Presiding Officer shall—
(a) warn the person challenged of the penalty for personation;
(b) read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry;
(c) enter his name and address in the list of challenged votes in Form 22; and
(d) require him to affix his signature in the said list.
(3) The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that purpose,-
(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;
(b) put to the person challenged any questions necessary for the purpose of establishing his identity require him to answer them on oath; and
(c) administer an oath to the person challenged and any other person offering to give evidence.
(4) If, after the inquiry, the Presiding Officer considers that the challenge has not been established he shall allow the person challenged to vote; and if he considers that the challenge has been established, he shall debar the person challenged from voting.
(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to Government, and in any other case, he shall return to the challenger at the conclusion of the inquiry.
55. Safeguards against personation:
(1) 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 indelible ink mark to be put on it.
(2) If any elector refuses to allow his left forefinger to be inspected or marked, in accordance with sub-rule (1) or has already such a mark on 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. (3) Any reference in this Rule to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, be construed as a reference to any other finger of his left hand, and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger of his right hand, and shall, in the case where all his fingers of both the hands are missing, be construed as a reference to such extremity of his left or right arm as he possesses.
56. Identification of electors:
(1) As each elector enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf shall check the elector’s name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.
(2) Every elector shall produce identity card issued to him under the provisions of the Registration of Electors Rules, 1960 made under the Representation of the People Act, 1950 or any such documents as may be specified, by order, by the State Election Commission before the Presiding
Officer or the Polling Officer authorized by him in this behalf, in order to establish his identity at the polling station.
(3) In deciding the right of a person to cast his vote, the Presiding Officer or the Polling Officer, as the case may be, shall over look the clerical or printing errors in an entry in the electoral roll if he is satisfied that such person is identical with the elector to whom such entry relates.
57. Issue of ballot papers:
(1) Before any ballot paper is delivered to an elector, the Presiding Officer shall sign his name in full on the back of the ballot paper.
(2) At the time of issuing a ballot paper to the elector, the signature or thumb impression of the elector shall be taken on the counterfoil of the ballot paper. No ballot paper shall be delivered to the elector unless he puts his signature or thumb impression on the counterfoil of the ballot paper.
(3) After the elector put his signature or thumb impression as at sub-rule (2), the Polling Officer shall record on the counterfoil, the serial number of the elector as at the electoral roll and then deliver the ballot paper to the elector.
(4) The Polling Officer in-charge of the marked copy of the electoral roll shall mark the name of the elector in the marked copy by underlining the entry, and if elector is a female, put a tick mark also on the left hand side of the name of the elector.
(5) No person in the polling station shall be allowed to note down the serial number of ballot paper issued to a particular elector.
(6) Each elector shall be given only one ballot paper for each election. Every elector to whom a ballot paper has been issued shall maintain secrecy of voting and for that purpose observe the voting procedure hereinafter laid down.
58. Voting procedure:
(1) On receiving the ballot paper, the elector shall-
(a) forthwith proceed to the voting compartment and there, with the aid of the instruments supplied for the purpose, mark the ballot paper on or near the symbol of the candidate in case of an election for one seat, or on or near the symbols of the candidates in case of multiple election for more than one seats, for whom he intends to vote; and
(b) fold the ballot paper first vertically and then horizontally so as to conceal his vote and put it into the ballot box kept for the purpose.
(2) Every elector shall vote without any undue delay and shall quit the Polling Station as soon as he has voted.
(3) No elector shall be allowed to enter a voting compartment when another elector is inside it.
(4) If an elector to whom a ballot paper has been issued, refuses after warning given by the Presiding Officer to observe the procedure laid down in sub-rule (1), the ballot paper issued to him shall, whether he has recorded his vote therein or not, be taken back from him by the Presiding Officer or Polling Officer under the direction of the Presiding Officer.
(5) After the ballot paper has been taken back, the Presiding Officer shall record on its back the words “Cancelled-Voting procedure violated” and put his signature below these words.
(6) All the ballot papers on which the words “Cancelled-Voting procedure violated” are recorded shall be kept in the cover for unused ballot papers, and shall in no way be counted as votes.
59. Marking of ballot paper in excess or deficit:
(1) If any elector gives votes on ballot paper in favour of more candidates than the vacancy or vacancies for filling which the election is held, then at the counting of votes, his vote shall be invalid and rejected as void.
(2) If any elector gives on the ballot paper in favour of less candidates than the vacancies for filling which the multiple election is held, his vote shall be valid and counted at the counting of votes.
60. Recording of votes of illiterate or blind or infirm electors:
1) If the Presiding Officer is satisfied that owing to old age or blindness or other physical infirmity or illiteracy, an elector is unable to recognize the names of the contesting candidates and their symbols on the ballot paper or to make a mark thereon, the Presiding Officer shall permit the elector to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary, for folding the ballot paper so as to conceal the vote and inserting it into the ballot box: Provided that no person shall be permitted to act as the companion of more than one elector at any Polling Station on the same day;
Provided further that before any person is permitted to act as the companion of an elector under this Rule, the person shall be required to declare in Form 23 that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any Polling Station on that day.
(2) The Presiding Officer shall keep a record in Form 24 of all such cases under this Rule.
61. Spoilt and returned ballot papers:
(1) An elector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as ballot paper may on returning it to the Presiding Officer or Polling Officer and on satisfying him of the inadvertence, be given another ballot paper and the ballot paper so returned shall be marked “Spoilt – cancelled” by Presiding Officer.
(2) If an elector after obtaining a ballot paper desires not to use it he shall return it to the Presiding Officer or Polling Officer and the ballot paper so refused shall be marked “Refused – cancelled” by the Presiding Officer.
(3) All ballot papers cancelled under sub-rule (1) or (2) shall be kept in the cover for unused ballot papers.
62. Adjournment of poll in emergencies:
(1) If at an election the proceedings at any polling station are interrupted or obstructed by any riot or open violence, or if at an election, it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the Presiding Officer for such polling station or the Returning Officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a Presiding Officer, he shall forthwith inform the District Election Officer and the Returning Officer concerned.
(2) Whenever a poll is adjourned under sub-rule (1), the Returning Officer shall immediately report the circumstances to the appropriate authority and the State Election Commission, and shall, as soon as may be, with the previous approval of the State Election Commission, appoint the day on which the poll shall recommence, and fix the polling station or place at which and the hours during which the poll will be taken and shall not count the votes cast at such election until such adjourned poll shall have been completed.
(3) In every such case as aforesaid; the Returning Officer shall notify in such manner as the State Election Commission may direct the date, place and hours of polling fixed under sub-rule (2).
63. Fresh poll in the case of destruction etc. of ballot boxes:
(1) If at any election-
(a) any ballot box used at Polling Station is unlawfully taken out of the custody of the Presiding Officer or is accidentally or intentionally destroyed or lost, or is damaged or tampered with to such an extent that the result of the poll at that Poling Station cannot be ascertained; or
(b) any such error or irregularity in procedure, as is likely to vitiate the poll, is committed at a Polling Station, the Presiding Officer shall forthwith report the matter to the Returning Officer and the District Election Officer.
(2) There-upon the District Election Officer shall, after taking all material circumstances into account, and in consultation with the State Election Commission, either-
(a) declare the poll at that Polling Station to be void; appoint a day and fix the hours, for taking a fresh poll at that Polling Station, and notify the day so appointed and the hours so fixed in such manner as he may deem fit; or
(b) issue such directions to the Returning Officer as it may deem proper for the further conduct and completion of the election, provided the Commission is satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that the error or irregularity in procedure is not material.
(3) The provisions of these Rules shall apply to every such fresh poll as they apply to the original poll.
64. Tendered votes:
(1) If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted as such elector, he shall on satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, be entitled, subject to the following provisions of this Rule, to mark a ballot paper (hereinafter in these Rules referred to as a ‘Tendered Ballot Paper’) in the same manner as any other elector.
(2) Every such person shall, before being supplied with tendered ballot paper, sign his name against the entry relating to him in a list in Form 25.
(3) A tendered ballot paper shall be the same as the other ballot papers used at the Polling Station except that it shall be
(a) serially the last in the bundle of ballot papers issued for use at the Polling Station; and
(b) endorsed on the back with the words, “Tendered Ballot Paper” by the Presiding Officer in his own hand and signed by him.
(4) The elector, after marking a tendered ballot paper in the voting compartment and folding it, shall instead of putting it into ballot box, give it to the Presiding Officer, who shall place it in a cover specially kept for the purpose:
Provided that if there is reasonable ground for believing that the person, by applying for tendered ballot paper, has committed the offence of personating, the Presiding Officer shall immediately direct the Police to arrest him.
(5) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet.
65. Sealing of ballot boxes after poll:
(1) As soon as practicable after the closing of the poll, the Presiding Officer shall close the ballot box, and seal up the box and also allow any polling agent present to affix his seal.
(2) The ballot box shall thereafter be sealed and secured.
(3) Where it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first box shall be closed, sealed and secured as provided in sub-rule (1) and (2) before another ballot box is put into use.
66. Ballot paper account of Presiding Officer : The Presiding Officer shall at the close of the poll prepare a ballot paper account in Form 26 and enclose it in a separate cover with the words “Ballot paper account of Presiding Officer” superscribed thereon showing the number & name of the Village Council and the date of election on the cover.
67. Sealing of other packets:
(1) The Presiding Officer shall then make into separate packets-
(a) the marked copy of the electoral roll;
(b) the unused ballot paper;
(c) the cancelled ballot papers;
(d) the cover containing the tendered ballot papers and Form 25.
(e) declaration of companion of illiterate or blind or infirm elector in Form 23 with the record in Form 24; and
(f) any other papers directed by District Election Officer to be kept in a sealed packet.
(2) Each such packet shall be sealed with the seals of the Presiding Officer and of those polling agents who may desire to affix their seals thereon.
CHAPTER VI
COUNTING OF VOTES AND SEALING OF ELECTION PAPERS
68. Appointment of place and time for counting of votes: Counting of votes shall be taken up as soon as possible after the close of the poll and the Returning Officer shall appoint the place and time of counting of votes and inform the candidates or their Election agents. The Returning Officer may appoint any public servant or servants available as may be necessary to assist him in the counting of votes.
69. Admission to the place of counting of votes, etc.:
(1) The Returning Officer shall exclude from the place fixed for counting of votes all person except-
(a) such person to be known as counting supervisors and counting assistants as he may appoint to assist him in the counting;
(b) the candidate/election agent and his counting agents duly authorized in writing by candidate;
(c) persons authorized by the State Election Commission, if any; and
(d) public servants on duty in connection with the election.
(2) Any person who during the counting of votes misconducts himself or fails to obey the directions of the Returning Officer may be removed from the place by any Police Officer on duty or by any other person authorized in this behalf by the Returning Officer.
(3) The Returning Officer shall, before the commencement of the counting, briefly explain the counting procedure to all those allowed admission in the counting place under sub-rule (1) and caution them as to the maintenance of secrecy, the violation of which shall be an electoral offence under Rule 91.
70. Scrutiny and opening of ballot boxes: The Returning Officer shall satisfy himself that the ballot box is intact, and also allow the candidates present to inspect the seals on the ballot box to satisfy themselves that it is intact, and thereafter open the ballot box.
71. Scrutiny and rejection of ballot papers:
(1) The ballot papers taken out of the ballot box shall be arranged in convenient bundles and scrutinized.
(2) It shall be noted clearly and carried out severally that in a multiple election, a single ballot paper consist of as many votes as there are vacancies to be filled. There-upon, a particular vote or votes found to be invalid on a ballot paper do not invalidate the whole ballot paper while certain votes recorded thereon may be clear and valid.
(3) The Returning Officer shall reject any ballot paper in whole only if-
(a) it is a spurious ballot paper; or
(b) it bears any mark or writing by which the elector can be identified; or
(c) no vote is recorded thereon; or
(d) votes are recorded on it in favour of more candidates than there are vacancies to be filled; or
(e) it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or
(f) it bears a serial number, or a design different from the serial number or design of the ballot papers authorized for use at the particular polling station; or
(g) it does not bear the mark which it would have borne under the provisions of sub-rule (2) of Rule 51.
Provided that where the Returning Officer is satisfied that any such defect as is mentioned in clause (f) or clause (g) has been caused by any mistake or failure on the part of a Presiding Officer or Polling Officer, the ballot paper shall not be rejected merely on the ground of such defect.
(4) Before rejecting any ballot paper under sub-rule (3), the Returning Officer shall allow each candidate present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper.
(5) The Returning Officer shall record on every ballot paper which he rejects the letter ‘R’ and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp.
(6) All ballot papers rejected under this Rule shall be bundled together.
72. Rejection of particular vote recorded on a ballot paper: The Returning Officer shall reject a particular vote as invalid vote if the mark indicating the vote on a ballot paper is placed in such a manner so as to make it doubtful to which candidate the vote has been given. Provided that a vote shall not be rejected as invalid merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.
73. Counting of votes:
(1) Each valid vote recorded on ballot paper which is not rejected, shall be counted as one valid vote:
Provided that no cover containing tendered ballot papers shall be opened and no such paper shall be counted.
(2) The Returning Officer shall count all valid votes in all valid ballot papers and also the total number of valid votes polled by each candidate. Round-wise counting sheet, counting tablewise results tabulation sheet and round-wise tabulation sheet shall be in Form 27, 28 and 29 respectively.
(3) The candidate or his counting agent shall be allowed full view of the counting process and sufficient proximity so as to enable him to discern the votes cast on each ballot paper and also on the record of votes for tabulation. Under no circumstances shall physical contact with the ballot paper for him or his counting agent be allowed.
74. Re-count of votes:
(1) After the completion of the counting of votes under Rule 73, the Returning Officer shall record in the result sheet in Form 30 the total number of votes recorded in favour of each candidate and announce the particulars.
(2) After the announcement of particulars so made, a candidate or, in his absence his election agent may apply in writing to the Returning Officer to recount the ballot papers either wholly or in part stating the grounds on which he demands such re-count.
(3) On such an application being made the Returning Officer shall decide the matter and may allow the application in whole or in part or may reject it, in toto if it appears to him to be frivolous or unreasonable.
(4) Every decision of the Returning Officer under sub-rule (3) shall be in writing and shall contain the reasons therefore.
(5) If the Returning Officer decides under sub-rule (3) to allow an application either wholly or in part, he shall,-
(a) re-count the ballot papers in accordance with Rules 71, 72 and 73;
(b) amend the result sheet in Form 30 to the extent necessary after such re-count; and
(c) announce the particulars of amendments so made by him.
(6) After the total number of votes polled by each candidate has been announced under sub-rule
(5), the Returning Officer shall complete and sign the result sheet in Form 30 and no application for a re-count shall be entertained thereafter:
Provided that no step under this sub-rule shall be taken on the completion of the counting of votes until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule (3) of Rule 73.
75. Declaration of result of election:
On completion of procedures under Rule 73 the Returning Officer shall forthwith, subject to the provisions of Rule 74 declare as elected-
(a) in the case of multiple election, as many candidates standing at the top of the poll in descending order as there are vacancies to be filled; or
(b) in the case of an election to fill one vacancy, the candidate who obtains the largest number of valid votes.
76. Equality of votes: If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates and the addition of one vote will lead to any of those candidates being declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received the additional vote.
77. Publication of election results:
(1) The Returning Officer shall prepare the election results in Form 30 and send the results to the State Election Commission and also to the District Election Officer.
(2) The Returning Officer shall also display the election result in Form 30, in the Notice Board of the constituency.
(3) On receipt of all the results from the District Election Officer or the Returning Officer, the State Election Commission shall publish the election results in the Official Gazette.
78. Grant of certificate of election to returned candidate: As soon as may be after the declaration of the election result, the Returning Officer shall grant to each returned candidate a certificate of election in Form 31.
79. Ballot Paper account of Returning Officer:
(1) The Returning Officer shall prepare a ballot paper account in Form 32 which shall consist of-
(a) total number of ballot papers found in the ballot box or boxes;
(b) total number of rejected ballot papers under sub-rule (3) of Rule 71;
(c) total number of valid ballot papers i.e. ballot papers which are not rejected;
(d) total number of votes contained by the total number of valid ballot papers i.e. total number of valid ballot papers multiplied by total number of vacancies to be filled;
(e) total number of invalid votes on all valid ballot papers;
(f) total number of valid votes on all valid ballot papers i.e. (d) minus (e).
(2) The Returning Officer shall enclose the ballot paper account in a separate cover with the words “Ballot paper account of Returning Officer” subscribed thereon and showing the name of the Village Council and the date of counting of votes, and submit the cover to the District Election Officer along with the election result.
80. Packet of election papers and sealing:
(1) The Returning Officer shall make a packet of election papers consisting of-
(a) a bundle of all valid ballot papers;
(b) a bundle of rejected ballot papers under sub-rule (3) of Rule 71;
(c) a copy of ballot paper account of Returning Officer under sub-rule (1) of Rule 79; and
(d) a copy of election result under Rule 77.
(2) The packet shall be sealed with the seal of Returning Officer and of those candidates whomay desire to affix their seals thereon.
(3) The Returning Officer shall submit to the District Election Officer
(a) the packet under this Rule;
(b) the cover containing the ballot paper account of Presiding Officer under Rule 66; and
(c) all other packets under Rule 67.
81. Safe keeping of the packet containing election papers: While in the custody of the District Election Officer, the packets and cover under sub-rule (3) of Rule 80, shall not be inspected by, or produced before, any person or authority except under order of an Election Tribunal appointed under Rule 86.
82. Custody of ballot boxes and papers relating to election:
(1) All ballot boxes used at an election shall be kept in such custody as the State Election Commission may direct.
(2) The District Election Officer shall keep in safe custody -
(a) the packets of unused ballot papers with counterfoils attached thereto;
(b) the packets of used ballot papers whether valid, tendered or rejected;
(c) the packets of counterfoil of used ballot papers ;
(d) the packets of marked copy of the electoral roll;
(e) the packets of the declaration by electors:
(f) all other paper relating to election and they shall not be opened except under the order of a competent authority.
83. Disposal of Election Papers: Subject to any direction given by the State Election Commission or by a competent court or Tribunal –
(a) the packets of unused ballot papers shall be retained for a period of six months and shall thereafter be destroyed in such manner as the State Election commission may direct ;
(b) the other packets referred to in sub-rule (2) of Rule 82 shall be retained for a period of one year and shall therefore be destroyed:
Provided that packets containing the counter foil of used ballot paper shall not be destroyed except with the approval of the State Election Commission;
(c) all other papers relating to the election shall be retained for such period as the State Election Commission may direct.
CHAPTER VII
DISPUTES REGARDING ELECTION
84. Election petition:
(1) An election petition challenging the validity of election of any returned candidate may be presented by a contesting candidate of such election on one or more grounds specified in Rule 88.
(2) No election petition shall be presented on a mere ground –
(a) that the name of any person qualified to vote has been omitted from the electoral roll; or
(b) that the name of any person not qualified to vote has been included in the electoral roll.
(3) A petitioner shall join as respondents to his petition any or all contesting candidates at the election.
(4) A petitioner may in addition to challenging the validity of any returned candidate, make further claim that himself shall be declared duly elected.
(5) An election petition shall-
(a) contain a concise statement of the material facts on which the petitioner relies;
(b) set forth with sufficient particulars the ground or grounds on which the validity of an election is challenged;
(c) in the case of sub-rule (4), set forth the ground or grounds on which he claims himself to be declared as elected; and
(d) be companied by a deposit of Rupees three hundred as the petition fee which is not refundable.
(6) An election petition may be submitted to the State Election Commission within twenty-one days from the date of publication of the election result.
85. Action to be taken by State Election Commission: As soon as may be after the receipt of an election petition the State Election Commission shall –
(a) inform the District Election Officer to retain packets and other papers referred to in Rule 81 of the concerned Village Council in respect of which the election petition has been presented; and
(b) as soon as possible after the constitution of Election Tribunal under Rule 86, send the election petition to the Election Tribunal for its disposal.
86. Election Tribunal: The State Election Commission may, by a notification published in the official gazette, constitute an Election Tribunal consisting of a Chairman, a Secretary and Members to hear, examine and dispose of all election petitions under these Rules.
87. Powers of Election Tribunal: It shall be open to the Election Tribunal to-
(a) direct the petitioner, all or any of the respondents and any other persons to appear in person whenever it considers necessary;
(b) enforce the attendance of witnesses;
(c) compel the production and examination of the packets and other papers referred to in Rule 81; and
(d) examine the witnesses on oath.
88. Grounds for declaring to be void:
(1) Subject to the provisions of section 4 of the Act, if the Election Tribunal is of the opinion-
(a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a member under these Rules; or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or
(c) that any nomination paper has been improperly rejected; or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected –
(i) by improper acceptance of any nomination; or
(ii) by any corrupt practice committed in the interest of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent; or
(iii) by the improper acceptance or refusal of any vote or reception of any vote which is void; or
(iv) by the non-compliance with the provisions of the Act or these Rules or orders made there-under, the Election Tribunal shall declare the election of the returned candidate to be void.
(2) If in the opinion of the Election Tribunal a returned candidate has been guilty by an agent, of any corrupt practice, but the Tribunal is satisfied-
(a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate;
(b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election; and
(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the Election Tribunal may decide that the Election of the returned candidate is not void.
89. Decision of the Election Tribunal:
(1) It shall be the duty of the Election Tribunal to dispose of any election petition within one hundred twenty days from the date on which the election petition was sent to them under clause (b) of Rule 85.
(2) At the conclusion of the trial of an election petition, the Election Tribunal shall make order-
(a) dismissing the election petition; or
(b) declaring the election of the returned candidate to be void.
(3) If the petitioner has, in addition to challenging the validity of the election of any returned candidate, claimed declaration that he himself has been duly elected, and the Election Tribunal is of opinion that the claim of the petitioner is correct, the Election Tribunal shall, after declaring the election of the returned candidate to be void, declare the petitioner to have been duly elected.
(4) The Election Tribunal shall report its findings and decisions to the State Election Commission where-upon the State Election Commission shall notify the decision of the Tribunal and a copy of the same shall be sent to the petitioner, the concerned candidate whose election was challenged, the State Government and the District Election Officer.
(5) The decision of the Election Tribunal under this Rule shall be final and binding.
CHAPTER - VIII
ELECTORAL OFFENCES
90. Prohibition of public meeting on the date of poll:
(1) No person shall convene, hold or attend any public meeting within any polling area on the date or dates on which a poll is taken for an election in that polling area.
(2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with fine which may extend to Rupees two hundred.
91. Maintenance of Secrecy of voting:
(1) Every officer, 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, the secrecy of the voting and shall not communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
92. Officer, etc., at elections not to act for candidates or to influence voting:
(1) No person who is a Magistrate or a Presiding Officer or Polling Officer at an election shall in the conduct of or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a Police force, shall endeavour-
(a) to persuade any person to give his vote at an election; or
(b) to dissuade any person from giving his vote at an election; or
(c) to influence the voting of any person at an election in any manner.
(d) any person who contravenes the provisions of sub-rule (1) or sub-rule(2) shall be punishable with imprisonment which may extend to three years or with fine or with both.
93. Prohibition of canvassing in or near polling stations:
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely:
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidates; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to rupees one thousand.
(3) An offence punishable under this Rule shall be cognizable.
94. Penalty for disorderly conduct in or near polling stations:
(1) No person shall, on the date or dates which a poll is taken at any polling station-
(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loud speaker; or
(b) shout or otherwise act in a disorderly manner so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
(2) Any persons who contravenes, or willfully aids or abets the contravention of, the provisions of sub-rule (1) shall be punishable with the imprisonment which may extend to three months or with fine or with both.
(3) If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under these Rules, he may direct any Police Officer to arrest such person, and thereupon the Police Officer shall arrest him.
(4) Any Police Officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-rule(1), and may seize any apparatus used for such contravention.
95. Penalty for misconduct at the polling station:
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the Presiding Officer may be removed from the polling stations by the Presiding Officer orby any Police Officer on duty or by any person authorized in this behalf by such Presiding Officer.
(2) The powers conferred by sub-rule (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the Presiding Officer shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to rupees one thousand or with both.
(4) An offence punishable under sub-rule (3) shall be cognizable.
96. Removal of ballot papers from polling station to be an offence:
(1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or willfully aids or abets the doing on any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to Rupees five hundred or with both.
(2) If the Presiding Officer of a Polling station has reason to believe that any person is committing or has committed an offence punishable under sub-rule (1), such officer may, before such person leaves the polling station, arrest or direct a Police Officer to arrest such person and
may search such person or cause him to be searched by a Police Officer:
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a Police Officer by the Presiding Officer, or when the search is made by a Police Officer, shall be kept by such officer in safe custody.
(4) An offence punishable under sub-rule (1) shall be cognizable.
97. Other offences and penalties therefore:
(1) A person shall be guilty of an electoral offence if at any election he -
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other documents affixed by or under the authority of a Magistrate or the Returning Officer or the Presiding Officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting; or
(d) without due authority supplies any ballot paper to any person or receives any ballot from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or
(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or
(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or willfully aids or abets the doing of any such acts.
(2) Any person guilty of an electoral offence under this Rule shall be punishable with imprisonment which may extend to six months or with fine or with both.
(3) For the purpose of this Rule, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election.
(4) An offences punishable under sub-rule (2) shall be cognizable.
98. Penalty for corrupt practice: Whoever commits a corrupt practice at an election shall be punishable with a fine not exceeding five hundred rupees.
99. Breaches of official duty in connection with elections:
(1) If any person, to whom these Rules apply, 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 rupees.
(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons, to whom these Rules apply, are the District Election Officers, Returning Officers, Assistant Returning Officers, Presiding Officers, Polling Officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures,
or the recording or counting of votes at an election.
(4) No court shall take cognizance of any offence punishable under these Rules unless there is a complaint made by an order of, or under the authority from the State Election Commission or the District Election Officer concerned.
CHAPTER IX
MISCELLANEOUS PROVISIONS
100. Civil court not to have jurisdiction:
No Civil Court have jurisdiction to question the legality of:-
(a) any action taken by the Returning Officer in the discharge of his duties under these Rules; or
(b) any action taken by the Presiding Officer and the Polling Officer in the discharge of their duties under these Rules; or
(c) any decision taken by the Election Tribunal in the discharge of their duties under these Rules.
101. Requisitioning of premises etc., for election purposes:
(1) If it appears to the State Election Commission or the District Election Officer that in connection with an election to a Village Council-
(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle or vessel is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for the performance of any duties in connection with such election, the State Election Commission or as the case may be, the District Election Officer may by
order in writing, requisition such premises or such vehicle or vessel, as the case may be and may make such further orders as may appear to him to be necessary or expedient in connection with the requisitioning in respect of matters including reasonable
remuneration to be given therefor:
Provided that no vehicle or vessel which is being lawfully used by candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under these Rules until the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the State Election Commission or, as the case may be, the District Election Officer to be the owner or person in possession of the property.
(3) Whenever any property is requisitioned under sub-rule (1) the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-rule.
(4) If any person contravenes any order made under this Rule, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
(5) In this Rule-
(a) “premises” means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;
(b) “vehicle” means any vehicle used or capable of being’ used for the purpose of road transport, whether propelled by mechanical power or otherwise;
(c) “vessel” means any vessel used or capable of being used for the purpose of water transport, whether propelled by mechanical power or otherwise.
102. Staff of every local authority to be made available: Every department of the Central or State Government or other authorities and every educational institution including an aided school or private affiliated college in the State shall when so requested by the State Election Commission or the District Election Officer make available.
(a) to the Electoral Registration Officer, such staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral rolls; or
(b) to the District Election Officer and any Returning Officer such staff as may be necessary for the performance of any duties in connection with an election.
103. Expenses in connection with elections: Funds to meet all expenses in connection with the elections to the Village Councils including those in relation to the preparation of electoral rolls therefor, shall be provided by the State Government.
104. Grant of Paid Holiday to Employees on the day of Poll:
(1) Every person engaged in work in any trade establishment or commercial establishment or industrial establishment or in any other establishment in the private sector who is eligible to vote in the Election to Village Councils shall be granted leave on the day of poll.
(2) The wages of any such person shall not be reduced or disallowed on account of the leave granted under sub-rule (1) even though such person is appointed on the basis that, wages will not ordinarily be paid for such date, he shall be paid the wages that would have been received by him on such date, had he not been granted leave for that day.
105. Repeal and Savings:
(1) On and from the commencement of these Rules, the Mizoram (Election to Village Councils) Rules, 1974 and all the subsequent amendments shall stand repealed.
(2) Inspite of such repeal, anything done or any action purported to have been done or taken under the Rules so repealed, shall be deemed to have been so done or taken or purported to have been done or taken under these Rules.
K. Lalmuana,
Additional Secretary to the Govt. of Mizoram,
Local Administration Department.
FORM-1 [See Rule 25] CLICK HERE....
