Notification regarding Election programme for conduct of bye elections to fill up vacant seats of Panches and Sarpanches in Gram Panchayats and Members of Panchayat Samitis and Zila Parishads

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EXTRAORDINARY

Published by Authority

© Govt. of Haryana

No. 106-2023/Ext.] CHANDIGARH, WEDNESDAY, JUNE 14, 2023 (JYAISTHA 24, 1945 SAKA) STATE ELECTION COMMISSION, HARYANA

NIRVACHAN SADAN, PLOT NO. 2, SECTOR- 17, PANCHKULA – 134109

Notification

The 14th June, 2023

No. SEC/4E-II/2023/1216.— In exercising the powers vested under clause (1) of article 243K of the Constitution of India, sub-section (1) of section 161 and sub-section (2) of section 211 of the Haryana Panchayati Raj Act, 1994, rule 24 of the Haryana Panchayati Raj Election Rules, 1994 and all other powers enabling in this behalf, the State Election Commission, Haryana has framed a programme for conduct of bye elections to fill up vacant seats of Panches and Sarpanches in Gram Panchayats and Members of Panchayat Samitis and Zila Parishads as mentioned in annexures 'A', 'B' and 'C' of this notification. The election schedule will be as under:-

(1493)1494 HARYANA GOVT. GAZ. (EXTRA.), JUNE 14, 2023 (JYST. 24, 1945 SAKA)

2. It is further directed that:-

i. 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 State Election Commission, Haryana, immediately.

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

iii. the Deputy Commissioners-cum-District Election Officers (Panchayat) concerned shall by notice in Form-2 or 3, as the case may be, specify the above programme in the following manner, as per the provisions contained in the rule 24 of the Haryana Panchayati Raj (Election) Rules, 1994 and will send a copy of the notice to the State Election Commission, Haryana by email:-

(a) last date, time and place of making nominations;

(b) the date, time and place for scrutiny of the nomination papers;

(c) date and time for withdrawal of candidature;

(d) preparation of list of contesting candidates and allotment of symbols;

(e) date and time during which the poll shall be held and

(f) date, time and place of counting of votes.

iv. nomination papers for the election to Panches and Sarpanches shall be filed and received at Headquarter of the Gram Panchayat concerned and for the members of Panchayat Samitis and Zila Parishad at the Headquarter of the Block and District concerned by the Returning Officer/Assistant Returning Officer.

v. the work of scrutiny of nomination papers should not be delegated to the concerned Assistant Returning Officer.

vi. the Returning Officer shall supply nomination form in Form 4 along with Form 4A (declaration) and 4B (Affidavit) on demand to the contesting candidates, contesting the election of the seat of Panch, Sarpanch, Member Panchayat Samitis and Member Zila Parishad.

vii. immediately after the withdrawal of candidature, the concerned Returning Officer shall prepare a list of contesting candidates in alphabetical order in Hindi in Devnagri script in the prescribed forms i.e. in Forms 6, 7, 8 and 9, as the case may be, and shall mention the symbol allotted to the contestingHARYANA GOVT. GAZ. (EXTRA.), JUNE 14, 2023 (JYST. 24, 1945 SAKA) 1495 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 candidate(s) have been informed about the symbol allotted to him/her.

3. In pursuance of the provisions of rule 39 of the Haryana Panchayati Raj Election Rules, 1994, the State Election Commission, Haryana also specify that elections for the posts of Panches shall be held through ballot papers and election for the post of Sarpanch, Member Panchayat Samiti and Member Zila Parishad shall be held by polling and recording of votes through Electronic Voting Machines (EVMs).

4. It is further directed that the option "None of the above (NOTA)" on EVMs/Ballot papers" shall be implemented for the elections of Sarpanches, Members of Panchayat Samitis and Zila Parishads. Instructions issued by the State Election Commission, Haryana vide its order No. SEC/3E-II/2017/734-811, dated 15th March, 2017 and further modified under Endst. No. SEC/4E-II/2022/651-735, dated 07th July, 2022, in this regard must be followed meticulously during the bye elections. However, the salient features of the NOTA are as under:-

i. NOTA shall be treated as a 'Fictional Electoral Candidate' while declaring the election results.

ii. In case, a contesting candidate and the "Fictional Electoral Candidate' i.e. NOTA securing highest and equal number of valid votes; then the contesting candidate (not NOTA) shall be declared as elected.

iii. If in any election, all the contesting candidates individually receive lesser votes than the 'Fictional Electoral Candidate' i.e. NOTA, then none of the contesting candidates will be declared as elected.

iv. In case of situation arising under sub-section (iii) above, fresh election shall be held for that seat. Further all such contesting candidates who secured less votes than NOTA shall not be eligible to re-file the nomination/contest the re-election.

v. However, if in re-election, NOTA again gets highest number of votes, then re-election will not be taken for second time and the contesting candidate securing the highest number of votes (excluding NOTA) shall be declared as elected.

The following procedure shall be followed in such circumstances,

i. If a Returning Officer, upon completion of counting of votes but before declaration of result, finds that NOTA has received higher valid votes than all other contesting candidates individually; then he (i.e. Returning Officer) shall not declare the result for that particular seat/s and shall immediately send his report to State Election Commission.

ii. Upon receipt of such report, the State Election Commission shall after satisfaction, declare the fresh election programme for the said seat/s.

5. The State Election Commission, Haryana further directs that ballot papers for the post of Panches and Sarpanches of Gram Panchayats, Member Panchayat Samitis and Zila Parishads shall be printed strictly in the colour/paper and design as specified by the State Election Commission, Haryana vide its notification No. SEC/E- II/SA/2022/2269, dated 12th September, 2022 i.e. ballot papers for the post of Panches of Gram Panchayats shall be printed in black ink on white paper; ballot paper for the post of Sarpanch in blue ink on white paper, ballot paper for the post of Member Panchayat Samiti in yellow ink on white paper and for the post of Member of Zila Parishad in red/pink ink on white paper or on respective coloured paper with black ink. The design of ballot paper to be used on Electronic Voting Machine and design of tendered ballot paper of an election of Sarpanch of Gram Panchayat, Member Panchayat Samiti and Member Zila Parishad in the State of Haryana has been specified in the above said notification.

6. 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.

7. It is further directed that if name of any person is not included in the ward wise voters list 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.

8. It is further directed that counting of votes of Panches, Sarpanches of Gram Panchayats and Members, Panchayat Samitis and Member Zila Parishads 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 State Election Commission may change the date and time of counting.

9. It is further directed that nomination for the post of Sarpanch Gram Panchayat, Khodma, block, Narnaual, district Mahendergarh shall be filed afresh. However, those candidates who had deposited security money during general election, 2022 need not deposit security money afresh. The security money deposited by them will be adjustable against their nomination, if they file fresh nominations.

10. It is further directed that all voters of the respective area who have been issued the electoral photo identity cards for the State Legislative Assembly and Lok Sabha elections and whose electoral photo identity card numbers have been mentioned in the voters list of Gram Panchayat shall also have to produce these cards to exercise their franchise when coming to the polling stations for voting, the polling for which is scheduled to take place on 09.07.2023. In case, electoral photo identity card (EPIC) of any voter is not available then he/she may also be allowed to cast his/her vote on production of any of the following photo identity papers:-

In case of an odd elector, who does not possess any of the above photo identity 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.

11. It is further directed to make the following security arrangements for conduct of free, fair and peaceful election:-

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

ii. Daily law and order report shall be sent to the State Election Commission, Haryana till the completion of election process.

iii. A copy of the plan for deployment of Executive Magistrates, Sector Magistrate and police personnel must also be sent to the State Election Commission, Haryana well in time.

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

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

12. In order to curb undesirable and illegal activities, the State Election Commission, Haryana hereby imposes restrictions to hire or procure not more than one vehicle by a candidate, contesting the election for the post of Sarpanch/Panch and two vehicle for the candidate contesting the election of Panchayat Samiti and Zila Parisahd whether on payment or otherwise, for use by a contesting candidate himself/herself or his/her election agents on the day of poll during the 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/electrical power or otherwise, and whether used for drawing other vehicle or otherwise.

ii. The contesting candidates shall be issued permits as per proforma prescribed by the State Election Commission, Haryana appended herewith. The permits shall be issued to the contesting candidates at least two 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 likely mischief, including criminal activities such as 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 the intention to intimidate or create terror in the minds of voters, it shall be the duty of local administration to impound such vehicles and not to release them till the process of elections is completed. In addition, appropriate legal action against the owner and or occupant/occupants of such vehicle(s) and the candidate who is/are involved in such illegal activities shall also be taken as per law.

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

v. Permit for use of vehicles by contesting candidates during election shall be issued in the following performa :-

PROFORMA

PANCHAYAT BYE-ELECTIONS, 2023

Permit No.____________ *Zila Parishad/Panchayat Samiti/Gram Panchayat_____________________

Name of Candidate _____________________________________________

*Sarpanch/Ward No. _____________Vehicle Number _________________

Returning Officer

Seal *Strike out the inappropriate alternative

13. The State Election Commission, Haryana further directs that the guidelines pertaining to "facilitation of voters at polling stations on polling day" issued vide No. SEC/1ME/2021/1238-1281 dated 11.06.2021 may be complied with meticulously during the bye elections.

14. It is further directed that the Deputy Commissioner-cum-District Election Officer (Panchayat) concerned shall send the names of elected persons to this State Election Commission, Haryana within two days from the date of declaration of election result, in compact disk and printed form i.e. both Hindi and English as per procedure prescribed by the State Election Commission vide its order No.SEC/4E-II/2022/5646-5655, dated 12th November, 2022. The names received thereafter will not be considered for notification by the State Election Commission, Haryana and the Deputy Commissioner-cum-District Election Officer (Panchayat) shall personally be held responsible for any consequences arising thereof. 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 7th June, 1996. The report in this regard must reach the State Election Commission, Haryana within 45 days after the declaration of election result.

DHANPAT SINGH, State Election Commissioner, Haryana.

Annexure 'A'