PART I EXTRAORDINARY

(1)

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT DEPARTMENT

(G)

THE ANDHRA PRADESH MUNICIPALITIES (CONDUCT OF ELECTION OF MEMBERS)

RULES, 2005 – AMENDMENTS

[G.O.Ms.No.16,

Municipal

Administration

Urban

Development

(G)

Department,

10^th January, 2020]

NOTIFICATION

In exercise of the powers conferred by clause (b) of sub-section (2) of Section 326 read with

Clause (12) of Section 2, 10-A, 15-B, 27, 343-ZC, and 343-ZD of the Andhra Pradesh Municipalities

Act, 1965(Act No.6 of 1965), the Governor of Andhra Pradesh, hereby, makes the following

amendments to the Andhra Pradesh Municipalities (Conduct of Election of Members) Rules, 2005

and as amended from time to time.

AMENDMENTS

In the said Rules,

(a) In Rule 14, after sub-rule (1), the following new sub-rules shall be inserted, namely, –

“(1A). For the purpose of listing the names under sub-rule (1), the candidates shall be classified into

three categories as follows:-

(i)

candidates of recognised political parties;

(ii)

candidates of registered political parties;

(iii)

other candidates.

Registered No. HSE-null

No.69

AMARAVATI, FRIDAY, JANUARY 10, 2020

G.1041

NOTIFICATIONS BY GOVERNMENT

--x--

(2)

ANDHRA PRADESH GAZETTE EXTRAORDINARY

[PART-I

(1B). The names of the candidates shall be arranged in each of the above three categories as per the

procedure laid down in sub-rule (2). The serial number of the candidates in all the above three

categories shall be given consecutively and not separately in each category.”

(ii) After Rule 67, the following new rules shall be added, namely –

“67-A.Particulars of account of election expenses: (1) The account of election expenses to

be kept by a candidate or his election agent shall contain such particulars and shall be in such

proforma as may be specified by the State Election Commission.

(2) The account of Election Expenses shall be submitted to the District Election Authority

through the Municipal Commissioner within forty-five (45) days of the declaration of the result of the

election. The date of submitting the return in the Office of the Municipal Commissioner shall be

deemed to be the date of filing the return under Section 343-ZC of the Andhra Pradesh Municipalities

Act, 1965. The Municipal Commissioner shall forward all returns received by him to the District

Election Authority immediately on the expiry of forty-five (45) days from the date of declaration of

the results of elections.

(3) The Commissioner shall also send a list of contesting candidates who have failed to

submit the accounts of election expenditure within the time specified in sub-rule (2). He shall also

forward any accounts of election expenditure submitted after the due date with his report.

67-B. Notice by District Election Authority for inspection of accounts: The District

Election Authority shall, within two (2) days from the date on which the account of election expenses

has been received by him, cause a notice to be affixed to his notice board, specifying-

(a)

the date on which the account has been lodged before the Municipal

Commissioner,

(b)

the name of the candidate; and

(c)

the time and place at which such account can be inspected by any intending

person.

67-C. Inspection of account and the obtaining of copies thereof: Any person shall on

payment of an Rs.5/-, (Rupees five only), be entitled to inspect any such account and on payment of

an Rs.5/- (Rupees five only) be entitled to obtain attested copies of such account or of any part

thereof.

67-D. Report by District Election Authority as to the lodging of the Account of election

expenses and the decision of the State Election Commission thereon: (1) As soon as may be, after

the expiration of the time specified in Section 343-ZC of the Act for the lodging of the accounts of

election expenses at any election, the District Election Authority shall, report to the State Election

Commission, -

(a)

the name of each contesting candidate;

(b)

whether such candidate has lodged his account of election expenses, and if so, the

date on which such account has been lodged; and

(c)

whether in his opinion such account has been lodged within the time and in the manner

required by the Act and these rules.

(2) Where the District Election Authority is of the opinion that the account of election

expenses of any candidate has not been lodged within the due date or lodged by not in the manner

required by the Act and these rules, he shall make a report to the State Election Commission and with

(3)

every such report, forward the account of election expenses of that candidate and the vouchers lodged

along with it, if any.

(3) Immediately after the submission of the report referred to in sub-rule (1), the District

Election Authority shall publish a copy thereof affixing the same on his notice board.

(4) As soon as may be, after the receipt of the report referred to in sub-rule (1), the State

Election Commission shall, consider the same and decide whether any contesting candidate has failed

to lodge the account of election expenses within the time and in the manner required by the Act and

these rules.

(5) Where the State Election Commission decides that a contesting candidate has failed to

lodge his account of election expenses within the time and/or in the manner required by the Act and

these rules, it shall by notice in writing call upon the candidate to show cause why he should not be

disqualified, and declared to have ceased to hold office in case he is elected under Section 15-B of the

Act for the failure.

(6) Any contesting candidate who has been called upon to show cause under sub-rule (5) may,

within twenty days of the receipt of such notice, submit in respect of the matter a representation in

writing to the State Election Commission, and shall at the same time send to District Election

Authority a copy of his representation together with a complete account of his election expenses if he

had not already furnished such an account.

(7) The District Election Authority shall, within five (5) days of the receipt thereof, forward to

the State Election Commission, the copy of the representation and the account, if any, with such

comments as he wishes to make thereon.

(8) If, after considering the representation submitted by the candidate and the comments made

by the District Election Authority, and after such inquiry as it thinks fit, the State Election

Commission is satisfied that the candidate has no good reason or justification for the failure to lodge

his account, it shall declare him by an order made under Section 15-B of the Act to be ineligible for a

period of three years, from the date of the said order, to contest any election held for any office under

the Act and if he is an elected candidate declare him to have ceased to hold office with immediate

effect and publish the order in the Official Gazette.

J.SYAMALA RAO

SECRETARY TO GOVERNMENT

ANDHRA PRADESH GAZETTE EXTRAORDINARY

[PART-I