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Haryana Government Gazette

Published by Authority

No. 48-2020] CHANDIGARH, TUESDAY, DECEMBER 1, 2020 (AGRAHAYANA 10, 1942 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 20th November, 2020

No. SEC/4E-II/2020/1391.— Whereas election to the seat of Sarpanch, Gram Panchayat Nissing (Gramin),

Block Nissing, District Karnal was held on 28.05.2017 and the name of Sh. Gurdev Singh was notified as elected

Sarpanch of the Gram Panchayat by the Commission vide its notification dated 13.06.2017.

Whereas as per order dated 18.09.2019 passed by Civil Judge, Karnal in an election petition-Sarbjeet Singh Vs.

Gurdev Singh & others election of Sh. Gurdev Singh, Sarpanch,Gram Panchayat Nissing (Gramin) declared illegal,

null and void and had directed the Deputy Commissioner, Karnal to conduct the fresh election to the seat of Sarpanch,

Gram Panchayat Nissing (Gramin).

Wheras, Deputy Commissioner-cum-District Election Officer (Panchayat) Karnal 11445/P dated 17.11.2020

while forwarding a copy of order dated 05.11.2020 passed by Hon’ble High Court in COCP 1564 of 2020-

Sarbjeet Singh Vs. Nishant Kumar Yadav has recommended to conduct the election to the seat of Sarpanch, Gram

Panchayat Nissing (Gramin) immediately.

In compliance with orders dated 18.09.2019 passed by the Civil Judge, Karnal, State Election Commission in

exercise of 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 in this behalf hereby prescribe time

schedule for the conduct of election to the seat of Sarpanch, Gram Panchayat Nissing (Gramin), Block Nissing,

District Karnal as under:-

(Time Schedule)

Sr.

No.

Programme

Date

Date on which notice shall be published by the District Election Officer

(Panchayat) in Form 2 or 3, as the case may be, for inviting nominations

under rule 24 of the Haryana Panchayati Raj Election Rules, 1994.

24.11.2020

Dates on which Nomination papers shall be presented under Rule

24(2)(i).

01.12.2020

05.12.2020

(10.00 A.M to 3.00 P.M.)

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Dates on which the list of Nomination papers received shall be pasted

under Rule 24(2) (ii).

01.12.2020

05.12.2020

Date by which Affidavit/declaration shall be furnished by the candidate

in Form 4-A & 4-B, to the concerned Returning Officer. (Rule 27).

01.12.2020

05.12.2020

Date on which the nomination papers shall be scrutinized under Rule

24(2)(iii).

07.12.2020

(10.00 A.M. onwards)

Last date for withdrawal of candidature by a candidate under Rule

24(2)(iv).

08.12.2020

(upto 3.00 P.M.)

Date on which symbols shall be allotted to the contesting candidates.

08.12.2020

(After 3.00 PM)

Date on which the list of contesting candidates shall be pasted under

Rule 24(2)(v).

08.12.2020

(immediately after the

allotment of symbols)

Date on which the poll, if any, shall be held under Rule 24(2) (vi).

15.12.2020

(Tuesday)

10.

Timing of the poll

Between 8.00 A.M. to 4.00 P.M.

11.

Counting of votes

i) Immediately after the close

of poll.

ii) In case of re-poll, the

Commission may change the

date and time of counting of

votes.

It is further directed as under:-

(a)

If there is any stay order passed by any competent authority or Court against the vacancy, the

election to this 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 said Panchayat be started.

(c)

The District Election Officer (Panchayat), Karnal shall by notice in Form 3, 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 shall be filed and received at Headquarter of the Gram

Panchayat 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 Sarpanch.

(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

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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 form i.e. in Forms 7 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.

4. It is further directed that the District Election Officer (P) shall ensure that all the staff members

deployed on election duty and the voters who came for voting on polling day wearing face mask

and social distancing has been maintained and further compliance of the advisory of the

Government.

NOTA (None of the above) option will be used in the election of Sarpanch, 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.

It is further directed that the counting of votes of Sarpanch 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 Elections and 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:--

Driving License,

ii)

Income Tax Identity (PAN) Card,

iii)

Service Identity Card issued to employees by Central/State Government Offices, Public

Sector Undertakings, Local Bodies or other public Limited Company,

iv)

Pass Book of accounts, having photograph, opened in a scheduled bank or post office,

Freedom Fighter Identity Card having photograph,

vi)

SC/ST/OBC certificate having photograph, issued by competent authority

vii)

Certificate of Physical Handicap having photograph issued by the Competent Authority,

viii)

Arms License having photograph,

ix)

Job Cards with photograph issued under the National Rural Employment Guarantee

Scheme,

Property documents with photographs such as Pattas, Registered Deeds etc.

xi)

Pension Documents such as Ex-Servicemen Pension Book/Pension Payment Order,

Ex-Servicemen’s Widow/Dependent Certificate, Old Age Pension Order, Widow Pension

Order, with photograph,

xii)

Health Insurance Scheme Smart Cards with Photograph,

xiii)

Ration Cards or any other similar documents establishing identity of the electors to the

satisfaction of the Presiding Officer, having photograph.

xiv)

Aadhar Card issued by UIDAI

xv)

Passport

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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 also clarified that if the voter list of Gram Panchayat Nissing (Gramin) has not been 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.

9. It is further directed that 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. It

may be ensured that no untoward incident takes places 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 elections. It is also stated

that:

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.

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 proforma given here as under:-

PROFORMA

PANCHAYAT ELECTIONS NOVEMBER, 2020

Permit No.____________

Gram Panchayat __________________________

Name of Candidate _________________________________________________

Vehicle Number ____________________________________

Returning Officer (P)

Seal

11.

It is further directed that the votes for the election shall be given by recording of votes by voting

machines [Electronic Voting Machines (EVMs)].

It is further directed that Deputy Commissioner-cum-District Election Officer (Panchayat), Karnal shall send

names of the elected person to the Commission within one week from the date of declaration of election result, both

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.

DR. DALIP SINGH,

State Election Commissioner, Haryana.

8979—C.S.—H.G.P., Pkl.