Subject NOT available

click here for IIIF manifest

REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section

PUBLISHED BY AUTHORITY

No. 48] NEW DELHl, MONDAY, MARCH, 1970/PHALGUNA 11, 1891

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 2nd March 1970

G.S.R. 394.—In exercise of the powers conferred by clause (b) of sub- section (2) of section 62 read with section 77, of the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1960), the Central Government, after consultation with the Election Commission, hereby makes the following rules, namely:—

CHAPTER I—Preliminary

1. Short title and commencement.—(1) These rules may bo called the Assam Reorganisation (Meghalaya) (Elections to the Provisional Legislative Assembly) Rules, 1970.

(2) They shall come into force on the date of the publication in the Official Gazette.

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

(a) "Act" means the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969);

(b) "casual vacancy" means a vacancy in the office of a member of the Provisional Legislative Assembly referred to in sub-section (5) of section 62;

(c) "constituency" means a constituency of the Legislative Assembly of Assam as is comprised within Meghalaya;

(265)

(d) "election" means the general election for constituting the Provisional Legislative Assembly and includes a bye-election to fill a c^ual vacancy;

'

(e) "elector" means an elected member of a district council of an auto- nomous district within Meghalaya referred to in clause (a) of sub- section (2) of section 62;

(f) "electoral college" means an electoral college referred to in clause fa)

of sub-section (2) of section 62;

(g) "form" means a form annexed to these rules; (h) "Official Gazette" means the Gazette of India; (i) "Provisional Legislative Assembly" means the Provisional Legislative Assembly of Meghalaya referred to in section $2;

(j) "public holiday" means a day which Is a public holiday for the pur- noses of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881);

(k) "section" means a section of the Act.

CHAPTER II—Election of Members for the Provisional Legislative Assembly of

Meghalaya.

3. Notification for general election to the Provisional Legislative Assembly.—

(1) As soon as may be after the commencement of these rules, a general election shall be held for the purpose of constituting the Provisional Legislative Assembly. (2) For the purpose referred to in sub-rule (1), the Governor shall, by one or more notifications published in the Official Gazette on such date or dates as may be recommended by the Election Commission, call upon each electoral col- lege to elect members in accordance with the provisions of these rules and the orders made thereunder.

CHAPTER III—Appointment of Returning Officers and Nominations of Candidates,

4. Returning Officer and Assistant Returning Officer.—(1) There shall be a returning officer for every election who shall "be such officer of Government as the Election Commission may appoint.

(2) The Election Commission may appoint any officer of Government as an assistant returning officer for each electoral college to assist the returning officer In the performance of his functions.

(3) Every assistant returning officer shall, subject to the control of the return- Ing officer, Be competent to perform all or any of the functions of the returnine Officer.

(4) Beferences in these rules to the returning officer shall, unless the context otherwise requires, be deemed to include an assistant returning officer perform- ing any functions of the returning officer.

5. List of members of electoral collage-—The returning officer shall maintain lists of electors with their addrenaes corrected up-to-date and different lists shall be maintained for different electoral colleges.

6. Appointment of dates for nominations etc.—As soon as the notification call- ing upon an electoral college to elect a member or members is issued under rule 3, the Election Commission shall, by 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 day is a public holiday, the next succeeding day which is not a pulbllc holiday;

(b) the date for the scrutiny of nominations which shall be the day imme- diately following the last date for making nominations, or if that day is a public holiday, the next succeeding day which is not a pub- lic holiday;

(c) the last date for the withdrawal of candidatures which shall be the second day after the date for scrutiny of nominations, or if that day is a public holiday, the next succeeding day which is not a public holiday;

(d) the date on which a poll shall, if necessary be taken, which shall be a date not later than the seventh day after the last date for the withdrawal of candidatures: and

(G) the date before which the election shall be completed.

.oi. Notice of Intended election.—On the Issue of a notification under rule 6 the •returning officer shall give public notice of the intended election in Form 1 und • cause to be published in such manner, in such language or languages, and at such places, as the Election Commission may direct.

8, Nomination of candidates for election.—(1) A person is nominated as a candidate for election to fill a seat under these rules as soon as a nomination paper completed in Form 2 Is signed tooth by a proposer nominating that person •as such candidate and by that person as assenting to the nomination although the nomination paper may be delivered to the returning officer under rule 9 on a different date.

(2) A person may be nominated as a candidate for election as aforesaid to 'fill a seat if he is qualified, at the time of delivery of nomination paper under sulb-rule (1). to be chosen to fill that seat under such of the provisions of the 'Constitution, the Act and these Rules, as may be applicable:

Provided that a person shall not be deemed to be so qualified to be chosen to fill a seat unless he makes and subscribes before the returning officer or an assistant returning officer an oath or affirmation according to Form 3 set out for 'the purpose.

(3) The word "proposer" wherever it occurs, whether under this rule or in .any other rule, means a person who is entitled to vote at the election to which ithe nomination relates.

9. Presentation of nomination papers.—(1) On or before the date appointed TUnder clause (a) of rule 6, each candidate shall, either in person or by his pro- poser, between the hours of eleven o'clock in the forenoon and three o'clock in the afternoon deliver to the returning officer or the assistant returning officer at the place specified in this behalf in the notice issued under rule 7 a nomination paper completed in Form 21 and signed by the candidate and by his proposer:

Provided that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.

(2) Any nomination paper which is not received before three o'clock in the afternoon on the last date appointed under clause (a) of rule 6 shall be rejected.

($) Nothing in this rule shall prevent any candidate from being nominate* by more than one nomination paper for the same election:

Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer.

10, Procedure OH receipt of nomination papers.—On the presentation of a nomination paper, the returning officer shall—

(a) sijjn thereon a certificate stating the date and the time of presentation of the nomination paper and enter thereon its serial number; (b) inform the person presenting the nomination paper of the date, time

and place fixed for the scrutiny of nominations; and

(c) cause to be affixed in some conspicuous place in his office a copy of the nomination paper as certified and numbered under clause (a) of tnl3 rule.

11. Scrutiny of nominations.—(1) The candidates, one proposer for each candi- date and one other person duly authorised in writing by each candidate, shall •be entitled to be present at the time of scrutiny of nominations; and the return- ing officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid, down in rule 9.

(2) The returning officer shall then examine the nomination papers and de- cide, all objections which may be made to any of them,

(3) The returning officer, may, either on such objection or on his own motion und after such summary inquiry, if any, as he thinks necessary, reject a nomina- tion paper on any of the following grounds, namely:—

(a) that the candidate is not qualified under sub-section (4) of section 62

or sub-rule (2) of rule 8, or

(b) that the proposer is not entitled to vote at the election to which the

nomination relates; or

(r) that the signature of the candidate or proposer is not genuine or has been obtained by fraud; or

(d) that the nomination paper has not been duly completed and the defect or Irregularity is of a substantial character.

(4) For the purposes of this rule, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall Ibe conclusive evidence of the fact that the person referred to in that entry is an elector for that consti- tuency unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of the People Act, l"50 (43 of 1950).

(5) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of rule 6 and shall not allow any adjournment of the proceedings,

(6) The returning officer shall endorse on each nomination paper his decision either accepting or rejecting it and. if the nomination paper is rejected, he shall record a brief statement of his reasons for rejecting it.

12. Withdrawal of candidature.—(1) Any candidate may withdraw his candi- dature by a notice in writing in Form 4 signed by him and delivered before three o'clock in the afternoon on the date fixed under clause (c) of rule 6 to the return- ing officer either toy such candidate in person or by his proposer who has been authorised in his behalf in writing by such candidate.

(2) No person who has given a notice of withdrawal of his candidature;

under sub-rule (1) shall be allowed to cancel the notice.

(3) On receipt of such notice, and after being satisfied as to its genuineness, the returning officer shall note thereon the date on which and the hour at which It was delivered, and cause a copy thereof together with the note, to be afnxed- in some conspicuous pl$ce in his office.

13. Publication, of list of contesting candidates.—In case a poll is to be taken¹ under these rules, the returning officer shall, immediately after the expiry of the period within which candidatures mty be withdrawn under rule 12—

(a) prepare in Form 5 a list containing the names and addresses of the contesting candidates, in the order in which their nominations are presented, together with their addresses (as given in the nomination papers), that is to say candidates whose nomination papers have be'en found valid and who have not withdrawn their candidature in accordance with rule 12.

(b) cause the said list to Ibe published in such manner as the Election

Commission may direct; and

(c) cause a copy of the said list to be affixed in some conspicuous place

in his office.

14. Death of candidate and countermand of poll.—(1) In the following cases, that is to say,—

(a) if a candidate dies at any time arfter 11 a.m. of the last date for making nominations appointed under sub-rule i a) of rule 6. but on scrutiny of nominations under rule 11 his nomination is found valid, or

(b) if a candidate whose nomination has been found valid on scrutiny under rule 11 and who has not withdrawn his candidature under rule 12 dies at any time after the expiry of the period within which candidature may be withdrawn under sub-rule (1) of rule 12 and in either case the death occurs before the declaration of the result of the election under these rules and a report of the death is received at any time before such declaration, the returning officer shaill upon being satisfied aibout the fact, date and time of the death of the candidate, by order countermand the noil and report the fact to the Election Commission and also to such other authority as may be specified by the Commission and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election:

Provided that no order countermanding a poll shall be made except after the scrutiny of all the nominations including the nomination of the deceased candidate.

(2) For the removal of doubts, it is hereby declared that no order counter- jnanding a poll shall be made—

(a) where the nomination of a deceased candidate Is rejected on scrutiny under rule 11; or

(b) where a deceased candidate withdrew his candidature in accordance with rule 12.

(3) Notwithstanding that a poll has been countermanded—

(a) no further nomination shall be necessary in the case of a person whose nomination has been found valid on scrutiny and who has not with- drawn his candidature;

(b) no person who has given notice of withdrawal of his candidature under sub-rule (1) of rule 12 before the countermanding of the poll, shall be ineligible for being nominated as a candidate for the election after such countermanding.

CHAPTER IV—The Poll

15 Procedure In contested and unoontested elections,—(1) If the number of contesting candidates is more than the number of persons to be elected a poll shall be taken.

(2) If the number of such candidates Is equal to the* number of persons to be elected the returning officer shall forthwith declare all such candidates to be duly elected to fill these seats.

(3) If the number of such candidates is less than the number of persons to be elected, the returning officer shall forthwith declare all such candidates to be elected and the Election Commission shall, Iby notification m the Official Gazette call upon the electors concerned to elect a person pr persons to fill the remaining seat or scats before due date as may be specified in that notification.

16, Fixing; place and time of poll,—At every election where a poll is to be taken! the Election Commission shall,—

(a) fix the place at which the poll will be taken for such election; (b) fix the hours during which the poll will be taken at such place; end (c) give due publicity to the place and the hours so fixed,

17 Conduct of poll by the returning officer.—The returning officer shall con- duct the poll at the place fixed for the poll.

(2) The returning officer may appoint such polling officer or officers as he

for a candidate in or about the election,

shall be received by proxy,

^ayswrsaS'i.'ff svuss szs&. "t.'s JSSJSS approved toy the Election Commission.

(2) The names of the candidates shall be printed on the ballot paper in the same order as in the list of contesting candidates published under rule 16.

20 Ballot Boxes—Every biUct box used at the poll shall be of a design previously approved by the Election Commission.

tatives of candidates as may be present at the Place 01 polling,

ibe present to affix their own seals If they so desire.

22. Admission to the place fixed for the poll.—(1) The returning officer B1&11 exclude from the place fixed for the poll all persons except—

(a) the polling officers and other public servants on duty;

(b) the candidates and one representative authorised in writing by each;

candidate;

(c) such other persons as the returning officer may from time to time admit for the purpose of assisting him in taking the poll.

(2) The returning officer shall close the place fixed for the poll at the hour fixed for the close of the poll under rule 16 and shall not admit therein any elector after that hour:

Provided that all electors present at the place before it is closed shall /be entitled to have their votes recorded.

23. Procedure for giving ballot papers.—(1) The returning officer shall have with him a copy of the list of electors prepared by him under rule 5 and immediately before a ballot paper is delivered to an elector, a mark shall be placed against his name in that list.

C2) No ballot paper shall be delivered to an elector unless he has put his signature against his name in the said list in token of receipt of the ballot paper.

24. Supply of fresh ballot paper In certain cases and return Of ballot paper toy an elector.—(1) An elector who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may on delivering it to the returning officer and on satisfying him of the inadvertence obtain another ballot paper in place of the ballot paper so delivered and the latter shall be marked as 'cancelled' by the returning officer.

(2) All ballot papers cancelled under sub-rule (1) shall be kept in a separate- packet set apart for the purpose.

(3) If an elector after obtaining any ballot paper for the purpose of recording his vote decides not to use the same he shall return the ballot paper to the¹ returning officer who shall mark it as 'Eeturned-Cancelled' and keep it in a separate packet set apart for the purpose.

25. Votes and preferences to be exercised by electors.— (1) Every elector shall have one vote only.

(2) An elector in giving hLs vote—

(a) shall place on his ballot paper the figure 1 in the place opposite the name of the candidates for whom he votes; and

(b) may, in addition place on his ballot paper the figure 2 or the figure 2 and 3 or the figures 2, 3, and 4 and so on in the spaces opposite the names of other candidates in the order of his preferences.

Explanation.—The figures referred to in clauses (a) and (b) of this sub-rule may be marked in the international form of Indian numerals or in the form used in any Indian Language but shall not Ibe indicated in words.

(3) The returning officer shall, if requested by an elector, explain to htm the Instructions for the recording of votes.

20. Sealing- up or ballot boxes etc., at close of poll,—(1) At the close of the poll the returning officer shall in the presence of such candidates and authorised representatives of candidates as may be present, close the slit of the ballot box.

(2) He shall also make up into separate packets—

(a) the copy of the list of electors marked in accordance with rule 23;

(b) the ballot papers cancelled under sub-rule (1) and sub-rule (3) of

rule 24; and

(c) the unused (ballot papers;

and seal each such packet with his Own seal and the seals of those candidates and authorised representatives of candidates who may desire- to fix their ae"ls thereon.

27. Adjournment of poll in emergency.— (1) If the proceedings at any place fixed for the poll are interrupted or obstructed by riot or open violence, or if It is not possible to take the poll at any such place on account of a natural calamity or any sufficient cause, the returning officer shall announce an adjourn- ment of the poll to a date to be notified later, and immediately report the circumstances to the Election Commission.

(2) Whenever a poll is adjourned under sub-rule (1), the Election Commission shall, as soon as may be, fix the date on which and the place at which and the hours during which the adjourned poll shall be taken and shall notify the said details to all concerned in such manner as it may think fit.

(3) On the date on which such adjourned poll is taken, the electors who have already voted at the poll before its adjournment will not be entitled to vote, but only the remaining electors may vote at such adjourned poll-

CHAPTER V—Counting of Votes and Declaration of Results

28. Definitions.—In this Chapter—

(1) the expression 'continuing candidate' means any candidate not elected

and not excluded from the poll at any given time;

(2) the expression 'count' means—

(a) all the operations Involved in the counting of the first preference recorded for candidate; or

(b) all the operations involved in the transfer of the surplus of an elected candidate; or

(r) all the operations involved in the transfer of the total value of votes of an excluded candidate,

(3) the expression 'exhausted paper¹ means a ballot paper on which no further preference is recorded for a continuing candidate:

Provided that a paper shall also be deemed to be exhausted in any case in which—

(a) the names of two or more candidates, whether continuing or not, are marked with the same figure and are next in order of preference; or (b) the name of the candidate next in order of preference, whether continuing or not, is marked by a figure not following consecutively after some other figure on the ballot paper or by two or more figures;

in writing by the candidate shall have the right to be present at the time cf counting.

30. Grounds for declaring ballot papers invalid—A ballot paper shall be invalid on which—

(a) the figure 1 is not marked; or

(b) the figure 1 is set opposite the name of more than one candidate or is so placed as to render It doubtful to which candidate it is intended to apply; or

(c) the figure 1 and some other figures are set opposite the name of the same candidate; or

(d) any mark or writing is made by which the elector may afterwards be

Identified.

31- Scrutiny and opening of ballot boxes.—(1) The returning officer shall—

(a) open the ballot box or boxes and take out from each box the ballot

papers contained therein;

(b) count the ballot papers so taken out or cause them to be counted. (3) The returning officer shall then scrutinise the ballot papers taken out of the ballot boxes and separate the ballot papers which he deems valid from those which he rejects endorsing on the latter the word 'Rejected' and the ground for such rejection.

(3) After rejecting the ballot papers which are invalid the returning officer shall arrange the remaining ballot papers in parcels according to the first preference recorded for such candidate.

32. Counting- of votes.—(1) The returning officer shall then count the number of papers In each parcel and credit the candidates concerned with the value of those papers.

(2) The returning officer shall also ascertain and record the total number of valid papers.

(3) For the purpose of facilitating the process prescribed in rules 33 to 38, each valid ballot paper shall be deemed to be of the value of one hundred.

(4) In carrying out the provisions of rules 33 to 38 the returning, officer shall disregard all fractions and ignore all preferences recorded for candidates already elected or excluded from the poll.

33. Ascertainment of quota.—(1) The returning officer shall add together the values of the papers in all the parcels and divide the total by a number which exceeds by one the number of vacancies to be filled.

(2) The quotient so obtained increased by one shall be the number sufficient to secure the return of a candidate, hereinafter called 'the quota',

34. Candidates with Quota elocted.—If at the end of any count or at the end of the transfer of any parcel or sub-parcel of an excluded candidate the value of ballot papers credited to a candidate is equal to, or greater than the quota, that candidate shall be declaraed elected.

35. Transfer of surplus—(1) If at the end of any count the value of the ballot papers credited to a candidate Is greater than the quota the surplus shall be transferred to the continuing candidates Indicated on the ballot papers of that candidate as being next in order of the elector's preference in accordance with the provisions of this rule.

(2) If more than one candidate has a surplus, the largest surplus shall be dealt with first and the others in order of magnitude;

Provided that every surplus arising on the first count of votes shall be dealt with before those arising on the second count and so on.

(3) Where there are more surpluses than one to distribute and two or more surpluses are equal, regard shall be had to the original votes of each candidate

and- the candidate for whom most original votes are recorded shall have hla surplus first distributed; and if the values of their original votes are equal, the returning officer shall decide by lot which candidate shall have his surplus first distributed.

(4) (a) If the surplus of any candidate to be transferred arises from original votes only, the returning officer shall examine all the papers in the parcel belonging to that candidate, divide the exhausted papers into sub-parcels according to the next preference recorded thereon and make a separate sub-parcel of the . exhausted papers.

(b) He shall ascertain the value of the papers in each sub-parcel, and of all the unexhausted papers.

(c) If the value of the unexhausted papers is equal to or less than the surplusr he shall transfer all the unexhausted papers at the value at which they were received by the candidate whose surplus is being transferred.

(d) If the value of the unexhausted papers Is greater than the surplus, he shall transfer the sub-parcels of unexhausted papers, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers.

(5) If the surplus of any candidate to be transferred arises from transferred as well as original votes, the returning officer shall re-examine all the papers in the sub-parcel last transferred to the candidate, divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon, and then deal with the sub-parcels in the same manner as is provided in the case of sub-parcels referred to in sub-rule (4).

(6) The papers transferred to each candidate shall be added In the form of a sub-parcel to the papers already belonging to such candidate.

(7) All papers in the parcel or sub-parcel of an elected candidate not transferred under this rule shall be set apart as finally dealt with.

36. Exclusion of candidates lowest on the poll.—(1) If after all surpluses have ' been transferred as hereinbefore provided, the number of candidates elected is less than the required number, the returning officer shall exclude from the poll the candidate lowest on the poll and shall distribute his unexhausted papers among the continuing candidates according to the next preferences recorded thereon; and any exhausted papers shall be set apart as finally dealt with,

(2) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each paper being one hundred.

(3) The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers In which, and at the value at which, he obtained them-

(4) Each of such transfers shall be deemed to be a separate transfer but not a separate count.

(5) The process directed by this rule shall be repeated on the successive exclusions one after another of the candidates lowest on the poll until such vacancy is fllled either by the election of a candidate with the quota or as here- inafter provided.

(6) If at any time it becomes necessary to exclude a candidate and two or more candidates have the same value of votes and are the lowest on the poll, regard shall be had to the original votes of each candidate and the candidate for whom fewest original votes are recorded shall be first excluded; and if the values of their original votes are equal the candidate with the smallest value at the earliest count at which these candidates had unequal value shall be first excluded-

(7) If two or more candidates are lowest on the poll and each has the same value of votes at all counts the returning officer shall decide by lot which candidate shall be first excluded-

37- Transfer when to be discontinued—If as a result of the transfer of papers, the value of the votes obtained by a candidate is equal to or greater than the

STl^Lr^VtZ*™*6^* Sha11 ^ C°mPleted bUt n° fUrther ™<™ ***'

38. Filling the last vacancies.—(1) When at the end of any count the number of continuing candidates la reduced to the number of vacancies remaining unfilled the continuing candidates shall be declared elected.

'

(2) When at the end of any count only one vacancy remains unfilled and the value of papers of some one candidate exceeds a total value of all the other continuing candidates together with any surplus not transferred that candidate shall be declared elected-

(3) When at the end of any count only one vacancy remains unfilled and there are only two continuing candidates and each of them has the same value of votes and no surplus remains capable of transfer, the returning officer shall decide by lot which of them shall be first excluded; and after the exclusion of one of the candidates in the manner aforesaid the other candidate shall be declared elected-

39. Recounting The returning officer shall at the instance of any candidate or of the authorised representative of a candidate in the absence of that candidate, recount votes whether once or more than once;

Provided that nothing in this rule shall make it obligatory on the returning, officer to re-count the same votes more than once, provided he is satisfied as to the accuracy of the previous count.

40- Illustration of the procedure as to the counting of votes under rules 32 to 3y,—An illustration of the procedure as to the counting of votes in accordance with the provisions of rules 32 to 30 is given in the Schedule to these rules.

41. Declaration ot results.—When the counting of votes has been completed, the returning officer shall Jn the absence of any direction by the Election Commission 1,0 the contrary, forthwith-—

(a) declare the result of the election to those present;

(b) prepare and certify a return of the election In form 6; and

(c) seal in separate packets the valid ballot papers and the rejected ballot

papers and record on each such packet a description of its contents.

42- Report of the result.—(1) As soon as may be after the result of an election has been declared the returning officer shall report the result to the Election Commission and to such other authority as may be specified by the Commission-

(2) The Election Commission on receipt of such report shall cause, to be published In the Official Gazette the declarations containing the names of the elected candidates.

(3) The returning officer shall, after reporting the result of the election under sub-rule (1), forward a certified copy of the return to the Election Commission.

43. Date of election of candidate.—For the purpose of these rules, the date on which a candidate is declared by the returning officer under rule 41 to be elected to the Provisional Legislative Assembly shall be the date of election of that candidate-

44- Due constitution of Provisional Legislative Assembly.—As soon as may be after the date fixed for the completion of election under clause (e) of rule G, there shall be notified by the Election Commission in the Official Gazette, the names of persons elected as members of the Provisional Legislative Assembly and upon the issue of such notification, the said Assembly shall be deemed to be duly constituted.

CHAPTER VI.—Miscellaneous

45, Custody of ballot boxes and election papers.—All ballot boxes used at an election under these rules and the packets of ballot papers and all other papers relating to the election, shall, after the election, be kept In such custody as the Election Commission may direct.

46. Disposal of election papers.—All ballot papers and other papers relating to an election shall be destroyed after such period as the Election Commission may fix in this behalf.

47f Bye-elections.—When the seat of a member elected to the Provisional Legislative Assembly becomes vacant or is declared vacant or his election to the said Assembly is declared void, the Election Commission shall, by notification in the Official Gazette of Meghalaya, call upon the electoral college concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and the provisions of the Act and of these rules, and the orders and directions issued or given therenuder shall apply as far as may be in relation to the election of a member to fill such vacancy.

48. Disputes regarding election—In the event of any dispute arising out of any election held under these rules, the provisions of Part VI and Part VII of the Representation of the People Act, 1951 (43 of 1951) shall, so far as may be, apply In relation to the decision of such dispute as they apply in relation to the decision of any dispute arising out of the election of a member of a Legislative Council held under the said Act:

Provided that in such application—

(a) any reference in the said provisions to the candidate's agent shall be construed as a reference to the candidate's authorised representa- tive; and

(b) the explanation below clause (7) of section 123 of the said Act shall

be deemed to have been omitted.

49. Power to Issue orders and directions.—The Election Commission may issue such orders or give such directions, as may be necessary, on any matter relating to election under these rules in respect of which these rules make no provision or make insufficient provision, and provision is in the opinion of the Election Commission necessary.

FORM I

[Sec rule 7 of the Assam Reorganisation (Meghalayoj (Election to the Provisional Legislative

Assembly) Rules, 1970]

Notice of Election

Election to the Provisional Legislative Assembly of Mcghalaya from the electoral college of the autnomous district of—

Whereas a notification under rule 3 of the Assam Reorganisation (Meghalaya) (Elections to the Provisional Legislative Assembly) Rules, 1970, for holding the above election has been issued. I the rerurning officer for that election, do hereby give notice that—

(a) forms of nomination paper may be obtained from the office of the undersigned or the office of the Assistant Returning Officer during office hours on any working day;

(b) nomination papers may be delivered to the undersigned at his office in

or to the Assistant Returning Officer in his office in between 11 A.M. and 3 P.M. on any day except on a public holiday not later than the

(c) the scrutiny of nomination papers will take place at the office of the undersigned or the office of the Assistant Returning Officer on. (date) at (hours)

Place

S'gnarute •

Date

Designation L

FORM 2

[See rules 8 and 9 of the Assam Reorganisation (Meghalaya) (Election to the Provisional Legis- lative Assembly) Rules, 1970]

Nomination Paper

Election to the Provisional Legislative Assembly of Meghalaya from the electoral college of ithe autonomous district of—

(To be filled by the proposer)

I hereby nominate

as a candidate for the above •election.

(T) Full name of the proposer (2) Name of candidate'3 Father/husband '(3) Full postal address of candidate f 4) Electoral roll number of candidate in Assembly Constituency in Assam

"Date

Signature of proposer

(To be filled by the candidate)

I, the above mentioned candidate assent to this nomination and hereby declare that I have completed twenty five years of age.

Date

Signature of candidate

(To be filled by the Returning Officer)

Serial No. of nomination paper

This nomination was delivered to me at my office at

(hour) on (date) by the *candidate/proposer.

Returning Officer, Date r

Decision of Returning Officer Accepting or Rejecting the Nomination Paper.

I hsve examined this nomination paper in accordance with Rule 11 of the Assam Reorganisa- tion (Megliaiaya), and decide as follows:—

Date

Returning Officer.

(Perforation)

Receipt for Nomination Paper and Notice of Scrutiny (To be handed over to the person presenting the nomination paper) Serial No, of nomination paper

The nomination paper of

from the

a candidate for election electoral college of the autonomous district of was delivered to me at my office at (hour) (date) by the •candidate/proposer. All nomination papers will (date)

(hour ) on

on be taken up for scrutiny at at

(place).

Date

Returning Officer

* Score out the word not applicable.

FORM 3

[See rule 8(2) of the Assam Reorganisation (Meghalaya) (Elections to the Provisional Legislative Assembly) Rules, 1970]

Form of Oath or Affirmation

Form of oath or affirmation to be made by a candidate for elec lion to the Provisional Legislative Assembly:—

"I, A.S., having been nominated as a candidate to fill a seat in the Provisional Legislative do swear in the name of God

Assembly of Meghalaya

• thai I will bear true faith and allegiance solemnly affirm

to the Constitution of India as by law established and that I will uphold the sovereignty and intr" grlty of India."

FORM 4

[See rule 12 of the Assam Reorganisation (Meghalaya) (Election to the Provisional Legislative- Assembly) Rules, 1970]

Notice of withdrawal

Election to the Provisional Legislative Assembly of Msghalaya from electoral college of the autonomous district of ~

To

The Returning Officer,

I,

of

a candidate at the above-mentioned election do hereby give notice that I withdraw my candidature.

Place

Date

Signature of candidate

This notice was delivered to me at my office

(hour) on

(Name) the candidate/candidate's- (date) by proposer who has been authorised in writing by the candidate to deliver it.

Place

Date

Returning Officer

FORM 5

[See rule 13 of theJAssam Reorganisation (Meghalaya) (Election to the Provisional Legislative

Assembly) Rules, 1970]

List of Contesting Candidates

Election to the Provisional Legislative Assembly of Meghalaya from the electoral college^oF the authonoraous district of

Name of candidate Address of candidate Serial Number

1,

2.

3- 4- etc.

The poll will be taken between the hours oi and

• on

(date).

Place

'.; Date

Returning Officer

FORM 6

[&e rule 41 of the Aisam Reorganisation (Meghalaya) (Election to the Provisional Legislative

Assemblv) Rules, 1070]

Return of Election

Election to the Provisional Legislative Assembly of Meghfllaya from the electoral c ollege of the autonomous district of

The result of the poll and of the qransfer of votes ia as follows:—

Number of Electors Number of persona who voted Number of valid votes Number of members to be elected Quota (NumDer of votes sufficient to secure the election of a candidate)

Third Count

Fourth Count

Second Count

First Count

Names of . Candidates

Trans- Result fer of

Names of elected candi- dates and order of elec- tion.

Trans- Result

fer of

Tranf- Result fer of

Votes polled by each candi- date

Non-

riran&ferable paper

Loss due to ^fractions

I declare tnat—

(1) (Name)

(Address)

(2) (Name)

(Address)

(Signature)

Returning Olnct-f.

has/have been duly elected.

- £tc

Dated the

dfly ol

'9 •

SCHEDULE

(See rule 40)

[Illustration of the procedure as to the counting of votes at an election on the single transferable vote system when more than one seat is to be filled].

Assum; that there are seven members to be elected, sixteen candidates, and one hundred and forty electors.

The valid ballot papers are arranged in separate parcels according to t h: first preference re- corded for each candiJatt:, sad th; papers in each pirc:l counted.

Let it be assumed that the result if as follows:—

. . Iz 8 6 9 . . . . . . ..

A B C D E F G H I J K L M N 0 P

7 4 19 13 5 14 a 10 6 . . . . . 4 5 . . . . . ..

14J TOTAL

Each valid ballot puptr is deemed to he c f the value of or.t hundred and the values of the votcs>- obtained by the respective car dic'aUs are as shewn iri the first column of the result sheet.

The values of all lhe papers are added tcgcihtr ard the totnl J4,cco is divided by eight (i.e. the number'which exctc^ by nr.c the number of vacancies to be filled) and 1,751 (i.e., the quotient 1,750 iicrtasi-d by Crt)is the 11 mbtr si fficier.l to sicure the return of amemberand is called the quota.

The operation may be shown thus:—

14,000

Q u o ta = i-i = 1 , 7 50 + 1 = 1 , 7 51

8

T he c a n d i d a te H, th v a l ue of w h o se v o t es e x c e e ds t he q u o t a, is d e c l a r ed e l e c t e d.

As t he v a l ue of t he p a p e rs in H 's p a r c el e x c e e ds t he q u o t a, h is s u r p l us m r st be t ia 1

H is s u r p l us is 1 4 9, i . e ., i , 9 co l e ss 1 , 7 5 1.

T he s u r p l us a r i s es f r om o r i g i n al v o t e s, a nd t h e r e f o r e, t he w h o le of H 's p a r -u s r it Civic ( d irte> s a b - p at e e ls a c c o r d i ng to t he n e xt p r e f e r ei c ts r e c o r d ed t h e r t o r ., a s t p a i a te r t i c il L) t he i x h i i i - ' s Ud p a p e rs b c i n ir a l so m a d e. L et it be a s s u m ed t h at t he r e s u lt is as f o l l o w s :—

fl is m a r k ed as n e xt a v a i l a b le p r e f e r c r . ee on . ..

P a p e r s. 7

4 D is m a r k ed as n e xt a v a i l a b le p r e f e r e n ce on . ..

E ia m a r k ed as n e xt a v a i l a b le p r e f e r e n ce on . ..

+ V is m a r k ed as n e xt a v a i l a b le p r e f e r e n ce on . ..

T o t al of u n e x h a u s t ed p a p e rs . . . ..

I*

N o. of e x h a u s t ed p a p e rs . . . . ..

r

T o t al of p a p e rs

•^hfe values of the papers in the sub-parcels are as follows :—

.

. . .

. . '

7 00 4 00 4 00 3 00 B D E F

1,800 1 00 T o t al v a l ue of u n e x h a u s t ed p a p e rs V a l ue of e x h a u s t ed p a p e rs . . . , , . . ..

1,900 T o t al v a l ue . . . , , . . , . ..

The value of the exhausted papers is 1,800 and is greater than the surplus. This surlplus,isj therefore, transferred as follows:—

All the unexhausted papers arc transferred, but at a reduced value, which is ascertained by dividirg the surplus by the number of unexhausted papers.

The reduced value of all t he papers, when added together, with the addit Jon of any value lost as the result of the neglect of fractions, equals the surplus. In this case the new value of each paper trai sferred is

r49 (the (surplus)

r8 (the number of unexhausted papers)

the residue of the value of each paper (10 —8=92), being required by H for th; purpose of Cons- tituting his quota, i.e. one exhausted paper value (100) plus the value (16,56) of 18 unexhausted papers.

Tiese valu;s of thi sub-parc;ls transferred are:— B —56 (i.e., seven papers at the value of 8); D ..32 (i.e., four papers at the value of 8); E —32 (i.e., four papers at the value of 8); F "-24 (i-e., three papers at the value of 8).

These operations can be shown on a transfer Hheet as follows: —

Transfer Sheet

19 V a l ue of s u r p l us ( H ' s) to be t r a n s f e r r ed . . . . . . .. 1 49 N u m b er of p a p e rs in H 's p a r c el V a l ue of e a ch p a p er in p a r c el , . . . . . . , .. 1 0c N u m b er of u n e x h a u s t ed p a p e rs . . . . . . . . .. I*! Value of exhausted papers . . . . . . . . .. 1,800 New Value of each paper transferred -

Surplus;

149

™ "g

Number of unexhausted papers . , 18

Numbers Value

of of Names of Candidates marked as the next available preference papers sub-

to be parcels to

transferred be

transferred

A D E F

7 56 4 31 4 32 3 24

TOTAL

IB I 44

N u mb T of e x h a u s t ed p a p e rs . . . . .. 1 L o ss of v a l ue owiL.g to n e g l e ct of f r a c t i o ns . . . . , •• 5

T O T AI

19 1 49

T he v a l u es of t he s u b - P a r c e ls a rc a d d ed to t he v a l u es of t he v o t es a l r e a dy c r e d i t ed to t he c a n- F. T h is o p e r a t i on is s h o wn on t he r e s u lt s h e e t.

There being no further surplus, the candidate lowest on the poll has now to be excluded. G and O both have 400.

The Returning Officer casts lots and G ia chosen to be excluded.

Being original votes, G's papers are transferred at the value of 100 each. A who was marked as next preference on two papers receives 200, while D and £ were each next preference on one paper and receiving 100 each. O now being lowest is next excluded and his 400 is similarly transferred to I, B and K, I receiving 200 and B and K 100 each.

This leaves J and P lowest with 500 each and J is chosen by lot for exclusion first. His papers are transferred at the value of 100 each to A, B, D and I, the three first named receiving 100 each, and I who had the next preference on two papers receiving 200. P is then excluded and his papers are transferred to E, L and K, the two first named receiving 100 each, and K, who had the next preference on three papers, receiving 300.

K now exceeds the quota and is declared elected.

Prior to further exclusion, K'a surplus of 49 has to be distributed. The sub-Darcel last transferred to K consisted of 3 votes transferred at the value of 100 each. This sub-parcel is examined; there are no exhausted papers and B F and I are ea^h next preference on one paper and one paper is trans- ferred to each of them at a reduced value determined by dividing the surplus (49) by the number of unexhausted papers (3), B, F and I accordingly receive 10 each.

The process of exclusion is now proceeded with.

C and N have 600 each, and C is chosen by lot for exclusion first. He has 6 original votes; B, D and E are each next preference on two papers, and each receives 200. N is then excluded; A is next preference on 3 of his papers, and receives 300; F, I and L are each next preference on one paper and receive 10O each.

This brings A and I above the quota and they are declared elected. Their surplus have now to be distributed and I's surplus which is the larger, 65, is dealt with first.

The last suib-parcel transferred to I consisted of one paper transferred at the value of 100, D is next preference on this paper, and receives the whole surplus of 65.

A's surplus of 49 is then dealt with. The last sub-parcel transferred to him consisted of 3 papers transferred at the value of 100 each. B was next pre- ference on two of these Dapers and E on one, and the papers are transferred accordingly. The value to be transferred is 16 per paper, i.e., the surplus (49), divided by the number of the unexhausted (3). B accordingly receives 32 and E 16.

No other candidate having reached the quota, the process of exclusion is proceeded with, and F, who is now lowest with 840, is excluded.

His seven original votes are transferred first. B, D, and E are next preference on three, two, and two papers, respectively, and receive respectively 300, 200 and 200.

The transferred votes are next transferred in the order of their transfers to F The 3 votes received at the value of eight each at the distribution of H's surDlus are transferred at the same value to L who was next preference on all 3 papers. The vote valued at sixteen received by F at the distribution of K's pnrnlus, STOPS at the same value to M, who was next preference on that paper. The vote transferred at the value of 100 on the exclusion of N is then transferred at the same value to D, who thus receives a total of 300.

No continuing candidate having yet reached the surplus, N who is now lowest with 1016 is excluded.

His ten original votes are transferred first. B and D are first preference on three eaners eac-h and E jmd T. on two earh. B and D accordinglv receive 300 each and' E and L 200 each. This brings B, D and E above the quota, and

tt]jey ar.e .fleclaretl .Elected. The requisite tmnl'ljer faf candidates having now flbeen elected, tthe election is a¹1 "an aaiifl, aand itt :te 1 unnecessary to proceed to the transfer rrf£ TSI's transferred 'votes.

iF.iill ilatails .are .jshown .in ithe jresiilt .sheet

REStWT"

Value of votes 14,000

Result

Result

Result!

Result

Name of

candidate

Value : of votes at first count

Distri- bution ofH's surplus

DlBtli- bution of K's surplus.

Distri- bution of votes of G andO

Distri- bution of votes of J andP

T

2

6

8

1 0'

3

5

4

7

9

1,200

1,400

+200

A

1,200

+ 100

1.50a

1,500

B

800

856

+ 100 956 + 100

1,072-

+ 56

IP56

+ 16

6 00

C

6 00

6 00

6 00

6oc^

1,032

9 00

+ 100

D

+ 100

1,132

1,132:

932

+ 32

+ 100 1,2^2

r.232;

+ 100

r,ooo

1.132

1,032

E

+32

• -

700

724

724

740-

+ 16 +24

724

F

• -

4 00

4 00

G

—400

••

1,900

i,75i

H

I.75I

i,75i

i,75i

- 1 49

1,716.

1,500

1,700 + 16

+200

1,300

I

+200

1,100

Soo —500

500

500

J

1,500

i.75r

1,800

+ 100

1400

+ 300

- 49 K

Moo

9 00

800

9 00

+ 100

800

L

800

--

1,000-

*

1,000

1,00c

M

1,000

1,000

6 00

6 00

600

6 00

N

6 00

. ..

O

4 00 —100

4 00

••

••

50c 1 —500

500

P

500

••

6 Loss of value by neglect of fractions

5

5 +1

+ 5

0

14,000

14,000

0

14,00

14,000

TOTAL. 14,00

• S EC 3 ( i )] T HE G A Z E T TE OF I N D IA E X T R A O R D I N A RY

1 85

SliflEX

14,000

Quota= 1-1—1,751

8

Result

Result

Result

Result

Result of Election

Distri- bution of M's votes

Distri- bution ofF's votes

Distri- bution of sur- plus of I and A

Distri- .bution of votes of C and N

16

18

12

11

15

19

17

14

13

Elected

1,800

1.751

+ 300

i,75i

i,75i

—49

1,604

1,904

+ 300

Elected

1,304 +300

-f 200

+ 32

1,272

Not Elected

—600

+ 100

Elected

+300

+200

i,697

+ 65

1.997

1,397

1.332

1,848

+200

+ 200

1,648

Elected + 16

+ 200

1,448

1.432

— 840

Not Elected -(-100 840

840

Not Elected

Elected

i.75i

i,75l

i,75i

i"75i

Elected 1,816

I.75I

+ 100

i,75i

- 65 i,75i

Not Elected

Elected

i,75i

1.751

1.751

i.75i

1,224

1,024 +200

1,000

Not Elected 1,000

H-ioo

+ 24

1,016

+ 16

+ 16

1,000

1,000

Not Elected 1,000

Not Elected

600

,.

Not Elected

Not Elected

••

••

• •

6

7

7

+ 1

7

14,000

14,000

14,000

14,000

[No. 1/15/70-SR.]

M. G. PIMPUTKAR, Spl. Secy.

S *

O

E

) ! ( t

X H H

O V Z 3

l i

a

O

d

I

N Q

I

V

H X L U V O H

a

i

N W A

£

l

£ PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD. NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, \'~i1()