Notification regarding Panchayat bye elections.

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Haryana Government Gazette

Published by Authority

© Government of Haryana

No. 4-2020]  CHANDIGARH, TUESDAY, JANUARY 28, 2020 (MAGHA 8, 1941 SAKA)

PART-I

Notifications, Orders and Declarations by Haryana Government

STATE ELECTION COMMISSION, HARYANA Nirvachan Sadan, Plot No. 2, Sector- 17, Panchkula, Haryana – 134109

Notification

The 14th January, 2020

No. SEC/4E-II/2020/110.— In exercise of the powers vested under clause (1) of Article 243K of the Constitution of India and under Rule 24 of the Haryana Panchayati Raj (Election) Rules, 1994 and all other powers enabling me in this behalf and in pursuance of the provisions contained in Sub-Section (1) of Section 161 and Sub-section (2) of Section 211 of the Haryana Panchayati Raj Act, 1994, State Election Commission, Haryana hereby prescribe the time schedule for the conduct of bye-elections to fill up the vacant seats of the Panches, Sarpanches, Members Panchayat Samitis and Zila Parishad (for the remaining term) mentioned in annexure 'A' of this notificationas under:-

(Time Schedule)

(1069)HARYANA GOVT. GAZ., JAN. 28, 2020 (MAGH. 8, 1941 SAKA) [PART I 1070

2. It is further directed as under:-

(a) If there is any stay order passed by any competent authority or Court against any vacancy, the election to that seat shall not be held and a report to that effect be sent to the Commission, immediately.

(b) During the period of elections, no new development work in the concerned Panchayats shall be started.

(c) The District Election Officers (Panchayats) shall by notice in Form 2 or 3, as the case may be, specify the above programme i.e. (i) last date, time and place of making nominations; (ii) the date, time and place for scrutiny of the nomination papers (iii) date and time for withdrawal of candidature (iv) preparation of list of contesting candidates and allotment of symbols (v) date and time during which the poll will be held and (vi) date, time and place of counting of votes in accordance with the provisions contained in Rule 24 of the Haryana Panchayati Raj (Election) Rules, 1994 and will send a copy of the notice to the Commission by fax and email.

(d) Nomination papers for the election to Panches and Sarpanches shall be filed and receivedat Headquarter of the Gram Panchayat concerned and for the members of Panchayat Samitisand Zila Parishad at the Headquarter of the Block concerned by the Returning Officer/Assistant Returning Officer .

(e) The work of scrutiny of nomination papers should not be delegated to the Assistant Returning Officer.

(f) The Returning Officer shall supply nomination paper (Form-4) and affidavit/declaration forms i.e. Form 4-A & 4-B on demand to the contesting candidates, contesting the election of the seat of Panch, Sarpanch, Member Panchayat Samitis and Member Zila Parishad.

(g) The Returning Officer shall also obtain an affidavit/declaration in Form 4-A and 4-B (reflecting the latest position of dues etc.) alongwith required documents during the prescribed period mentioned at Sr. No. 4 of the time schedule, from those candidates who have filed the nomination.

(h) The Returning Officer shall make the scrutiny of all the nomination papers on the day fixed for scrutiny.

(i) Immediately after the withdrawal of candidature, the Returning Officer shall prepare a list of contesting candidates in the prescribed forms i.e. in Forms 6, 7 and 8 (as the case may be) and shall mention the symbol allotted to the contesting candidates against his/her name at column No. 4. After the allotment of symbol, the signature of the contesting candidates or his election agent should be obtained in the relevant form as token to the fact that the candidates have been informed about the symbol allotted to him/her.

3. NOTA (None of the above) option will be used in the elections of Sarpanch,member Panchayat Samiti and member Zila Parishad so that voters who come to the polling stations and decide not to vote for any candidate in fray, are able to exercise their right not to vote with maintaining their right of secrecy.

4. It is clarified that the vacancies where voter list has not been revised/updated the validity or continued operation of existing voter list shall not thereby be affected as provided in rule 12 of the Haryana Panchayati Raj Election Rules, 1994 .

5. It is further directed that if any person whose name is not included in the ward wise list of voters finally published may apply to the Deputy Commissioner-cum-District Election Officer (P) for addition/deletion/ correction of his/her name in the ward wise list of voters,provided that the addition/deletion or correction of any name in the ward wise list of voters of Gram Panchayat, Panchayat Samiti and Zila Parishad can only be made, if the name of claimant/applicant exists in the relevant part of assembly electoral roll till the first day of filing nomination papers for the elections of Gram Panchayat, Panchayati Samiti and Zila Parishad".

6. It is further directed that counting of votes of Panches, Sarpanches, Members Panchayat Samiti and Member Zila Parishad shall be done immediately after the close of poll at the polling stations, but before starting counting, the Returning Officer concerned shall ensure that the voting at all the polling booths under his control has been completed. If re-poll is recommended, the Commission may change the date and time of counting.

7. 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 Election sand the Electoral Photo Identity Card numbers have been mentioned in case of the Panchayat Voters list also, shall have to produce these cards to exercise their franchise when they come to the polling stations for voting.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:--

An odd elector, who does not have any of the above cards 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.

8. It is further directed to make the following security arrangements for the conduct of free, fair 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 places during elections.

9. 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 Panchayat 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 any 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 should 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 and 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

PANCHAYAT ELECTIONS FEBRUARY, 2020

Permit No.____________ Zila Parishad/Panchayat Samiti/Gram Panchayat ______________________

Name of Candidate ____________________________________

Ward No. _________Vehicle Number _______________________________

Returning Officer (P) Seal 10. It is further directed thatthe votes for these electionsshall be given by recording of votes by voting machines [Electronic Voting Machines (EVMs)].

11. It is further directed that the Deputy Commissioner-cum-District Election Officer (Panchayat) shall send names of the elected persons to this Commission within a period of one week from the date of declaration of election result, in Hindi and English as per procedure prescribed by the Commission vide its order No. S.E.C./3E-II/2011/748 dated 16.05.2011. The names received thereafter will not be considered for notification by this Commission and the Deputy Commissioner shall personally be held responsible for any consequences arising thereof.

12. It is also further directed that the Deputy Commissioner-cum- District Election Officer (Panchayat) concerned shall send a report of the contesting candidates, who have filed and not filed their election expenditure statement within 30 days from the declaration of election result, as required under the Haryana Panchayati Raj Election Expenditure (Maintenance and Submission of Accounts) Order, 1996 issued under Endst. No. SEC/3E- II/96/7675-97 dated 07.06.1996. The report in this regard must reach this Commission within 45 days after the declaration of election result.

Panchkula: The 14th January, 2020.

DR. DALIP SINGH, State Election Commissioner, Haryana.

Annexure-A

57605—C.S.—H.G.P., Chd.