election programme for the conduct of the General Elections of all the wards of 18 Municipal Committees

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Haryana Government Gazette

Published by Authority

© Government of Haryana

No. 18-2018] CHANDIGARH, TUESDAY, MAY 1, 2018 (VAISAKHA 11, 1940 SAKA)

PART-I

Notifications, Orders and Declarations by Haryana Government

STATE ELECTION COMMISSION, HARYANA NIRVACHAN SADAN, PLOT NO. 2, SECTOR-17, PANCHKULA

Notification

The 20th April, 2018

No. SEC/1ME/2018/2846.— In exercise of power vested under clause (1) of the Article 243 ZA of the Constitution of India, Section 3A of the Haryana Municipal Act, 1973 and rule 19 (1) the Haryana Municipal Elections Rules, 1978 and all other powers enabling it in this behalf, State Election Commission, Haryana, hereby prescribes the following election programme for the conduct of the General Elections of all the wards of 18 Municipal Committees (Annexure-A) and Bye-Elections of W. No. 20 of Municipal Council, Thanesar (Kurukshetra) and W. No. 4 of Municipal Committee, Assandh (Karnal):-

(1177)HARYANA GOVT. GAZ., MAY 1, 2018 (VYSK. 11, 1940 SAKA) [PART I 1178

2. The State Election Commission, Haryana in exercise of powers vested under Rule 19(3) & (4) of the Haryana Municipal Election Rules, 1978, authorize the concerned Deputy Commissioners to designate a Returning Officer and Assistant Returning Officer who shall be the officers of the Government for the conduct of the General and Bye- Elections of the municipalities concerned.

3. The Returning Officers shall publish a notice of the above election programme on 21.04.2018 at their office, office of the Deputy Commissioner and concerned municipality and at such other conspicuous places in the area of the municipality in which the elections are to be held, as determined by him in this behalf under Rule 20 of the Haryana Municipal Election Rules, 1978. No nomination shall be filed 29.04.2018 being public holiday. The information about the nomination papers must be hosted in the website of the municipality concerned at least by 4.00 P.M. every day, during nomination period.

4. The Commission further directs that after the withdrawal of candidature a list of validly nominated candidates shall be prepared by the Returning Officer under rule 28 of the Haryana Municipal Elections Rules, 1978, in Hindi and English. A list of every stage i.e. nomination received, nomination rejected, nomination withdrawal and contesting candidates etc. with every detail shall be published and posted at some conspicuous places and in the office of the concerned Returning Officer or at the concerned municipality office.

5. The Commission under Section 275 (1A) of the Haryana Municipal Act, 1973 read with Rule 49 of the Haryana Municipal Election Rules, 1978, hereby specifies that the voting shall be given by giving and recording of votes by voting machines [Electronic Voting Machines (EVMs)] in the General and Bye-Elections of the municipality concerned.

6. The Commission further directs to implement the option "None of above (NOTA)" on EVMs/Ballot papers" in these Elections. The directions in this respect given in Commission's order issued under Endst. No. SEC/1ME/2016/3653-3659 dated 14th December, 2016 be followed meticulously.

7. The Commission further directs to print the photographs of the contesting candidates on the ballot papers alontwith other particulars to be displayed on the balloting unit of EVMs and in the tender ballot papers in addition to the existing particulars, the photograph of the candidate to be printed in the panel for the name of the candidate and to appear on the right side of the name in between the name and symbol of the candidate. The size of the photograph to be printed on the ballot paper shall be 2 cm x 2.5 cm (2 cm in breadth and 2.5 cm in height). The directions in this respect given in Commission's order issued under Endst. No. SEC/1ME/2016/3730-3781 dated 23rd December, 2016 be followed meticulously.

8. It is further directed that all voters of the respective area who have been issued the Electoral Photo Identity Cards for Assembly and Lok Sabha Elections and whose Electoral Photo Identity Card numbers have been mentioned in case of the Municipal Voters list also, shall have to produce these cards to exercise their franchise when they comePART I] HARYANA GOVT. GAZ., MAY 1, 2018 (VYSK. 11, 1940 SAKA) 1179 to the polling stations for voting, the polling for which is scheduled to take place on 13.05.2018. If any elector has not been issued Electoral Photo Identity Cards by the Election Commission of India, he/she will have to produce any one out of the following documentary evidence to establish his/her identity:--

In case of an odd elector, who does not have any of the above cards, he/she would be allowed to vote, if he/she is able to establish his/her identity to the satisfaction of the Presiding Officer and such other Polling Officer authorized by the Presiding Officer in this behalf.

9. It is further directed to make the following security arrangements for the conduct of free, fare and peaceful elections:-

i. Adequate police personnel shall be deployed at the polling stations, counting centers for security and maintenance of law and order to ensure peaceful, smooth and fair election.

ii. Daily law and order report shall be sent to the State Election Commission till the election process is completed.

iii. A copy of the plan for deployment of Executive Magistrates and police personnel be also sent to this Commission well in time.

iv. Provide security to the contesting candidates, if they desire so.

v. It shall be ensured that no untoward incident takes place during elections.

10. In order to curb undesirable and illegal activities, the Commission hereby imposes restriction to hire or procure not more than 2 vehicles or vessels whether on payment or otherwise for use by a contesting candidate himself or his agents or his supporters on the day of poll during the Municipal Election. It is also stated that :-

i. The expression "Vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise, and whether used for drawing other vehicle or otherwise.

ii. The contesting candidates should be issued permits as per proforma prescribed by the Commission appended herewith. The permits should be issued to the contesting candidates at least 2 days before the day of poll.

iii. The District Administration shall keep a close watch on the vehicles used by persons accompanying the contesting candidates and their supporters to prevent possible mischief, including criminal activities like carrying of illegal arms and weapons. If any of these vehicles, either of a contesting candidate or a private owner, is found to be involved in any such act or for carting anti-social elements with a view to intimidating or creating terror in the minds of the voters, it shall be the duty of the local administration to impound such vehicles and not to release them till the process of elections is completed. In addition, accordingly action against the owner, the occupant/occupants and the candidate who is involved in such illegal activities shall also be taken as per law.

iv. The District Administration shall launch a drive for checking the vehicles immediately upon the announcement of the elections and shall continue the drive till the completion of the process of elections.

v. All recognized National/State Political Parties in the State of Haryana immediately and to each contesting candidates, or an agent authorized by him be intimated in this respect.

vi. Permit in this respect shall be issued in the Performa given here as under:-

PROFORMA

MUNICIPAL ELECTIONS, 2018

Permit No.____________

Municipal Council/Committee __________________________

Name of Candidate ___________________________________

Ward No. _________Vehicle Number _____________________

Returning Officer Seal 11. The Commission further directs that the counting of votes polled at the election to the seat of member of municipality shall be taken up after the close of poll at all polling stations of the concerned municipality on the same day. The details (Accounts) of votes polled at each polling station shall be prepared in Part-II of Form 18 by the Presiding Officer and forwarded to the concerned Returning Officer for consolidation of counting votes on Form 8 mentioning therein the total number of valid votes polled in favour of each candidates on each polling station and declare the candidate, who is found to have obtained the largest number of votes, as elected member from the ward.

12. The Commission further directs that after the declaration of result of election under Rule 62, the Returning Officer shall forthwith post a copy of return (i.e. Form 8- Consolidation of account of the counted ballot papers) at a conspicuous place in his office and send a copy thereof to the Deputy Commissioner, who shall forward immediately but not later than three days, the names of the candidates elected to the State Election Commission, Haryana for notifying the same in official gazette. The Deputy Commissioner shall ensure that the names and other particulars of the elected candidates should be the same as are recorded in the nomination paper.

13. The Commission further directs that the information pertaining to the criminal antecedents of the contesting candidates obtained in the prescribed forms alongwith nomination paper be hosted in the officials website of district administration and the same shall remain hosted in the website till the completion of next general election of that municipal institution. The directions in this respect given in Commission's letter No. SEC/1ME/2017/1117-38 dated 2nd June, 2017 be followed meticulously.

14. The Commission further directs that election expenditure limit to be incurred by the contesting candidate or his authorized election agent(s) in connection with the election of Municipal Council is Rs.3,00,000/- (Revised from Rs. 1,00,000/- to 3,00,000/-) and in the case of election Municipal Committee, it is Rs. 2,00,000/- (Revised from Rs. 75,000/- to 2,00,000/-). The directions in this respect given in Commission's Notification No. SEC/3ME/2017/912 dated 18.05.2017 be followed meticulously.

15. The Commission further directs that all contesting candidates are required to maintain account of election expenditure and submit the same within 30 days from the date of declaration of the result of the election to the Deputy Commissioner or an officer authorized by the State Election Commission, failing which the defaulting candidate shall be liable to be disqualified under Section 13F of the Haryana Municipal Act, 1973 and Haryana Municipal Election Expenditure (Maintenance and submission of accounts) Order, 2017, for a period of five years from the date of issue of such order. The Deputy Commissioner or an officer authorized by the State Election Commission shall check account of election expenses and send a list of contesting candidates who have filed and not filed the election expenditure statement, to the Commission within a period of 7 days from the completion of prescribed time limit of 30 days.

DR. DALIP SINGH, State Election Commissioner, Haryana.

ANNEXURE-A GENERAL ELECTIONS OF MUNICIPAL COMMITTEES

56226—C.S.—H.G.P., Chd.