TABLE OF CONTENTS

TAMIL NADU URBAN LOCAL BODIES RULES, 2023

CHAPTER I

Short title, application and commencement

Definitions

CHAPTER II

Classification of Urban Local Bodies, Delimitation of Wards and Reservation of Seats.

Norms for classification of Urban Local Bodies into various grades

Norms for fixation of strength of Council

Delimitation of wards

Reservation of seats in municipalities

Reservation of office of Chairperson in a municipality

CHAPTER III

PART I

Definitions

Conduct of more than one election simultaneously

10.

Signing of an instrument

PART II

CONDUCT OF ELECTIONS

11.

Powers and functions of the Tamil Nadu State Election Commission

12.

State Election Officer

13.

District Election Officer

14.

Electoral Registration Officer

15.

Returning Officer and his Duties

16.

Provision of polling stations

17.

Observers

18.

Assistant Returning Officer

19.

Appointment of Presiding Officers and Polling Officers

20.

General duties of the Presiding Officer and Polling Officers

PART III

PREPARATION AND PUBLICATION OF ELECTORAL ROLL.

21.

Preparation of electoral roll

22.

Form and language of the roll

23.

Order of Names

24.

Publication of copies of rolls

25.

Procedure in case of claims and objections

26.

Special Provision for preparation of rolls on changes in jurisdiction and on consequential

re-delimitation of wards

27.

Sale of electoral rolls and custody of rolls

PART IV

NOTIFICATION OF ELECTION AND NOMINATION OF CANDIDATES

28.

Notification of programme of election

29.

Notice of Election

30.

Presentation of Nomination Paper

31.

Deposits

32.

Notice of nominations and the time and place for their scrutiny

33.

Scrutiny of nominations

34.

Withdrawal of candidature

35.

Preparation of list of contesting candidates

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

36.

Procedure in contested and uncontested election

37.

Recognition of political parties

38.

Publication of a list of recognised parties and symbols

39.

Assignment of symbols and publication of list of contesting candidates

40.

Death of candidate before poll

PART V

POLL

41.

Appointment of polling personnel

42.

Appointment of election agents

43.

Functions of election agent

44.

Appointment of polling agents

45.

Arrangements at polling station

46.

Preparation of ballot boxes for poll

47.

Marked copy of electoral roll

48.

Facilities for women electors

49.

Challenging of identity

50.

Identification of electors

51.

Safeguards against personation

52.

Right to vote

53.

Ballot papers

54.

Manner of voting

55.

Issue of ballot papers and voting procedure

56.

Voting procedure for electors on election duty

57.

Recording of votes of blind and infirm electors

58.

Spoilt and returned ballot papers

59.

Tendered Votes

60.

Adjournment of poll in emergencies

61.

Fresh poll in the case of destruction etc. of ballot boxes

62.

Closing of poll

63.

Transmission of ballot boxes, etc., to the Returning Officer

PART VI

COUNTING OF VOTES

64.

Admission to the place fixed for counting

65.

Maintenance of secrecy of elections

66.

Counting of postal ballot papers and scrutiny and opening of ballot boxes

67.

Destruction or loss of ballot papers at the time of counting

68.

Rejection of ballot papers

69.

Counting of Valid votes

70.

Counting to be continuous

71.

Recount of votes

72.

Declaration of result of election

73.

Disposal of ballot papers

74.

Publication of the names of successful candidates

PART VII

VOTING BY ELECTRONIC VOTING MACHINES AND COUNTING OF VOTES.

75.

Design of electronic voting machines

76.

Preparation of voting machine by the Returning Officer

77.

Arrangements at Polling Station

78.

Admission to polling station

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

79.

Preparation of voting machine for poll

80.

Marked copy of electoral roll

81.

Facilities for Women electors

82.

Identification of electors

83.

Challenging of identity

84.

Safeguards against personation

85.

Procedure for voting by voting machines

86.

Maintenance of Secrecy of voting by electors within the polling station and voting

procedure

87.

Recording of votes of blind or infirm electors

88.

Elector deciding not to vote

89.

Tendered Votes

90.

Presiding Officer’s entry in the voting compartment during poll

91.

Closing of poll

92.

Account of votes recorded

93.

Sealing of voting machine after poll

94.

Sealing of other packets

95.

Transmission of voting machines, etc. to the Returning Officer

96.

Procedure on adjournment of poll

97.

Fresh poll in the case of destruction etc. of voting machine

98.

Admission to the place fixed for counting

99.

Maintenance of secrecy of elections

100. ^{Scrutiny and inspection of voting machines}

101. ^{Counting of votes}

102. ^{Sealing of voting machines}

103. ^{Custody of voting machines}

104. ^{Production and Inspection of Control units}

105. ^{Retention of Voting Machines}

106. ^{Fixing other dates of election for special reasons}

PART VIII

ELECTION OF CHAIRPERSON, VICE-CHAIRPERSON, MAYOR, DEPUTY MAYOR, MEMBERS OF

THE STATUTORY COMMITTEES AND CHAIRPERSON OF WARDS COMMITTEE.

107. ^{Election of Chairperson, Vice-Chairperson, Mayor and Deputy Mayor}

108. ^{Election of Members of Statutory Committee}

109. ^{Election of Chairperson of Wards Committee}

110. ^{Determination of number of members of the statutory committee to be elected}

111. ^{Place of meeting for the election}

112. ^{Convening and presiding over the meeting for election}

113. ^{Presentation of nomination}

114. ^{Declaration of result of election when there is no contest}

115. ^{Procedure of election when there is contest}

116. ^{Arrangement of voting compartment}

117. ^{Ballot Box}

118. ^{Preparation of ballot box}

119. ^{Preparation and issue of ballot papers}

120. ^{Voting procedure}

121. ^{Arrangements to ensure secrecy of ballot}

122. ^{Recording of votes of illiterate, blind or infirm voters}

123. ^{Counting of votes}

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

124. ^{Invalid ballot papers}

125. ^{Declaration of result of election}

126. ^{Duties of the Returning Officer after completion of voting}

127. ^{Packing and sealing of ballot papers}

128. ^{Power to postpone or advance the election}

PART IX

ELECTION EXPENSES

129. ^{Election expenses}

130. ^{Maximum Election Expenses}

131. ^{Election Petitions}

PART X

ADJUDICATION OF ELECTION DISPUTES

132. ^{Time limit for presenting Election petition}

133. ^{Grounds for presenting an election petition}

134. ^{Contents of an election petition}

135. ^{Relief that may be claimed by the petitioner}

136. ^{Parties to the petition}

137. ^{Security for costs}

138. ^{Serving of copies}

139. ^{Trial of election petition}

140. ^{Withdrawal of election petition}

141. ^{Abatement of Election petition}

142. ^{Recrimination when seat claimed}

143. ^{Decision of Election Court}

144. ^{Other orders of Election Court}

145. ^{Grounds for declaring election to be void}

146. ^{Grounds on which a candidate other than the returned candidate may be declared to have}

been elected

147. ^{Procedure in case of an equality of votes}

148. ^{Communication of orders of the election court}

149. ^{Transmission of order of the election court and its publication}

150. ^{Effect of orders of the election court}

PART XI

MISCELLANEOUS

151. ^{Interpretation of these rules by the Government}

152. ^{Removal of difficulties}

153. ^Savings

CHAPTER IV

PART I

COUNCIL

154. ^{Place of meeting}

155. ^{Presidency of the meeting}

156. ^{Ordinary meeting}

157. ^{Special meeting}

158. ^{Quorum of a meeting}

159. ^{Order of business to be transacted in the meeting}

160. ^{Procedure to be followed in the meeting}

161. ^{Method of recording of votes}

100

162. ^{Recording of the minutes of the meeting}

101

163. ^{Minutes Book}

101

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

164. ^{Cancellation or modification of a resolution already passed by the council}

101

165. ^{Inclusion of subjects in the agenda by the members for discussion in the meeting}

101

166. ^{Interpellation of Chairperson by Members of Councils}

102

167. ^{Adjournment of meeting}

102

168. ^{Passing of budget by the council}

103

169. ^{Reports and returns to be placed}

103

170. ^{Furnishing of copies on payment of fees}

103

PART II.

THE STANDING COMMITTEES.

171. ^{Composition of Standing Committees and connected matters}

103

172. ^{Procedure for convening meetings of the standing committee and wards committee}

104

PART III.

WARD SABHA.

173. ^{Composition of ward sabha}

104

174. ^{Qualifications and disqualifications of a member of ward sabha}

104

175. ^{Nomination of member of ward sabha}

104

176. ^{Meetings of ward sabha}

105

177. ^{Rights and duties of ward sabha}

105

PART IV

AREA SABHA

178. ^{Area sabha}

105

179. ^{Delimitation of areas}

106

180. ^{Meetings of area sabha}

106

181. ^{Functions, duties and powers of area sabha}

106

182. ^{Fees for attending meeting}

106

PART V

CHAIRPERSON, DEPUTY CHAIRPERSON AND COUNCILLORS

183. ^{Furnishing of assets and liabilities}

106

184. ^{Travelling allowance and daily}^{allowance to Chairperson, Deputy Chairperson and}

councillors of council

107

185. ^{Payment of honorarium to members of council}

107

PART VI

NAMING AND NUMBERING OF BUILDINGS AND STREETS

186. ^{Naming of public streets and municipal buildings}

107

187. ^{Numbering of buildings in a municipality}

108

CHAPTER V

URBAN LOCAL BODIES SERVICES

PART I

GENERAL RULES

188. ^{Applicability of General Rules}

116

189. ^Definitions

116

190. ^{Classification of posts and method of recruitment in Municipalities}

117

191. ^{Selection of candidates for regular vacancies by Municipalities}

117

192. ^{Filling of vacancies by promotion or by recruitment by transfer or by transfer or by}

deputation

118

193. ^{Preparation of panel}

119

194. ^Probation

123

195. ^{Relinquishment of right by members and consequences of resignation}

124

196. ^{Linguistic qualification, age limit, special qualification and reservation of appointment}

125

197. ^{Appointment on compassionate grounds}

126

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

198. ^{Correction of date of birth}

126

199. ^{Application of Government rules to municipal employees}

126

200. ^{General transfer}

127

201. ^{Mutual transfer}

127

202. ^Savings

127

PART II

SPECIAL RULES

THE TAMIL NADU MUNICIPAL SERVICE

203. ^{Classification of posts}

128

204. ^{Method of appointment and qualifications}

130

205. ^{Appointing Authority, Disciplinary Authority and the Appellate/Reviewing Authority}

143

206. ^{Unit for appointment, transfer and posting}

146

207. ^{The Competent authority for transfer and postings}

146

208. ^{Refresher Trainings}

146

209. ^Tests

146

PART III

SPECIAL RULES

THE TAMIL NADU MUNICIPAL CORPORATION SERVICE

210. ^{Classification of posts}

147

211. ^{Method of appointment and qualifications}

149

212. ^{Appointing Authority, Disciplinary Authority and Appellate / Reviewing Authority}

165

213. ^{Unit for appointment, transfer and posting}

168

214. ^{Competent authority for transfer and postings}

168

215. ^{Refresher Trainings}

168

216. ^Test

168

217. ^{Foundational Training}

168

PART IV

SPECIAL RULES

THE TAMIL NADU MUNICIPAL COUNCIL SERVICE

218. ^{Classification of posts}

169

219. ^{Method of appointment and qualification}

170

220. ^{Appointing authority, Disciplinary authority and Appellate/Reviewing authority}

179

221. ^{Unit for appointment, transfer and posting}

180

222. ^{The Competent authority for transfer and postings}

181

223. ^{Refresher Trainings}

181

224. ^Tests

182

225. ^{Foundational Training}

182

PART V

SPECIAL RULES

THE TAMIL NADU TOWN PANCHAYAT SERVICE

226. ^{Classification of Posts}

182

227. ^{Method of appointment and qualification}

182

228. ^{Appointing authority, Disciplinary authority and Appellate authority}

184

229. ^{Unit for appointment, transfer and posting}

185

230. ^{The Competent authority for transfer and postings}

185

231. ^{Refresher Trainings}

186

232. ^{Foundational Training}

186

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER VI

FINANCE, ACCOUNTS AND AUDIT

PART I

MUNICIPAL FINANCE AND BUDGET

233. ^{Municipal accounts}

187

234. ^{Procedure for receipt of money due to the municipality}

187

235. ^{Authorised expenditure}

187

236. ^{Payments of bills}

188

237. ^{Debentures and sinking fund}

188

238. ^{Preparation of Budget}

188

239. ^{Review of revenue and expenditure}

189

PART – II

MUNICIPAL ACCOUNTS AND AUDIT

240. Maintenance of municipal accounts

190

241. Auditing of municipal accounts

190

242. Levy of surcharge

191

243. Entrusting municipal audit to private agency

192

CHAPTER VII

WORKS AND TENDERS

PART I

EXECUTION OF WORKS

244. ^{Registration of contractors for the execution of municipal works}

201

245. ^{Execution of work through tender system}

201

246. ^{Security or solvency of the contractors}

201

247. ^{Responsibilities of Municipal Engineer}

201

248. ^{Monetary limit for administrative sanction of estimates, execution of works and purchase of}

materials

202

249. ^{Monetary limit for administrative sanction of estimates for Maintenance and Repair Works}

204

250. ^{Monetary limit for Technical Sanction of estimates}

205

PART II

TENDERS

251. ^{Tender Inviting Authority and Tender Accepting Authority}

206

252. ^{Measurement and Check measurement}

209

253. ^{Disposal of movable articles}

209

CHAPTER VIII

TAXATION

254. ^{General guidelines to taxes}

212

255. ^{Levy of property tax}

212

256. ^{Filing of return for levy of property tax}

213

257. ^{Procedure for assessment of property tax}

214

258. ^{Procedure for self-assessment of property tax}

214

259. ^{Procedure for assessment of escaped assessments}

215

260. ^{Procedure for rectification of assessment}

215

261. ^{Assessment not be undertaken in certain cases}

216

262. ^{Method of assessment of property tax}

216

263. ^{Levy of service charge in lieu of property tax in case of exempted properties}

217

264. ^{Rates of property tax to be approved by the Council}

217

265. ^{Preparation of assessment books}

218

266. ^{Assessment of vacant land}

219

267. ^{Criteria for exemption from property tax to certain institutions}

219

268. ^{Time limit for payment of half-yearly property tax}

220

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

269. ^{Procedure for Recovery of Taxes under section 116-A of the Act}

220

270. ^{Composition of the Taxation Appeals Committee}

225

271. ^{Disposal of appeal by the Committee}

226

272. ^{Write-off of any tax, fee or other amount}

227

273. ^{Levy of Water Tax, Sewerage Tax, Education tax and Library Cess}

227

TAX ON PROFESSION, TRADE, CALLING AND EMPLOYMENT

274. ^Definitions

228

275. ^{Levy of tax on profession, trade, calling and employment}

228

276. ^{Preparation of Master Register of traders and other professionals}

228

277. ^{Mode of assessment and payment of tax by employers in respect of employees}

229

278. ^{Mode of assessment and payment of tax in respect of other persons}

229

279. ^{Deemed Assessment}

229

280. ^{Checking of returns}

230

281. ^{Rectification, revision of assessment}

230

282. ^{Cases of escaped assessments in case of profession tax}

230

283. ^{Assignment of permanent account number and issue of card or certificate}

231

284. ^{Time limit for payment of tax}

231

285. ^{Mode of payment of tax}

231

286. ^{Levy of interest for belated payment}

231

287. ^{Maintenance of assessment books for collection of tax}

231

288. ^{Disposal of appeal petition by Taxation Appeal Committee in case of tax on profession,}

trade, calling and employment

231

CHAPTER IX

LICENSING

PART I

LICENSING OF TRADES AND BUSINESSES, INDUSTRIES AND FACTORIES AND FOR OTHER

PURPOSES

289. ^{Application for trade licence}

263

290. ^{Validity and Renewal of Licences}

265

291. ^{Regulation of selling or trading activity in any public street or road margins}

265

292. ^{Licencing of animals and birds}

265

293. ^{Licensing of markets}

267

294. ^{Licensing of stand and shelter for vehicles}

270

295. ^{Maintenance of public wash house}

272

296. ^{Licensing of public bathrooms, latrines and Urinals}

273

297. ^{Maintenance of slaughter houses}

275

298. ^{Licensing of private slaughter-house}

275

299. ^{Licensing of Spa, Massage Parlour and Beauty Parlour with partition or room or sauna or}

bathing facility

279

300. ^{Licensing of places and buildings for public resort or entertainment}

282

301. ^{Rejection of Application}

284

302. ^{Revocation or suspension of Licence}

284

303. ^{Inspection of licensee’s premises}

285

304. ^{Lock and seal}

285

305. ^Appeal

285

306. ^{Issue of licence card}

285

307. ^{Rectification of errors in licence card}

286

308. ^{Non-renewal of licence}

286

309. ^{Mode of payment of fees}

286

310. ^{Issue of provisional permission for installation of television cables over public roads and}

streets in a municipality

286

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

311. ^{Rent to be collected for installation of Television Cables}

287

312. ^{Removal of television cables from the street light poles for violation of conditions imposed}

287

313. ^{Mode of payment of rent}

287

314. ^{Installation of brackets in the street light poles by the urban local bodies}

287

315. ^{Sale of Immovable Properties}

288

PART II

LICENSING OF IMMOVABLE PROPERTY OF MUNICIPALITY

316. ^{Licencing or leasing of Immovable Properties}

288

317. ^{Cancellation of Licence or Lease}

290

318. ^{Application of certain provisions}

290

319. ^{Occupation of a municipal land or building or of a land or building vested in the}

municipality without a licence or lease

290

CHAPTER X

HOARDINGS, BANNERS AND PLACARDS

PART I

HOARDINGS

320. ^{Application for licence}

341

321. ^{Single Window approval Committee}

341

322. ^{Grant of Licence}

341

323. ^{Validity of licence}

343

324. ^{Renewal of licence}

343

325. ^{Prohibition of advertisements in sensitive areas}

343

326. ^{Conditions for hoardings}

343

327. ^Exemptions

346

328. ^{Right to advertise in municipal property}

347

329. ^{Cancellation of licence}

347

330. ^{Unauthorised, obscene or objectionable hoarding}

347

331. ^Appeal

348

332. ^{Application fee}

348

333. ^{Licence fee for hoardings}

348

334. ^{Payment of licence fee}

348

335. ^{Maintenance of registers}

349

336. ^{Insurance against damages}

349

337. ^{Inspection of hoardings}

349

338. ^{Removal of hoardings}

349

PART II

DIGITAL BANNERS AND PLACARDS

339. ^{Application for permission}

349

340. ^{Payment of permission fee}

351

341. ^{Maximum size of digital banner or placard}

351

342. ^{Restriction on grant of permission}

352

343. ^{Unauthorised, obscene or objectionable digital banners or placards}

352

344. ^{Inspection of digital banners or placards}

353

345. ^{Removal of digital banners or placards}

353

346. ^Exemption

353

347. ^{Appeal against order refusing to give permission for erection of digital banners or placards}

353

348. ^{Maintenance of register}

353

349. ^{Compensation against damages}

353

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER XI

WATER SUPPLY AND SEWERAGE

PART I

WATER SUPPLY

350. ^{Supply of drinking water}

362

351. ^{Water supply connection}

362

352. ^{Application for water supply connection}

362

353. ^{Payment of cost of water supply connection}

363

354. ^{Supply of additional water for domestic or non-domestic consumption}

363

355. ^{Fixation of charges by the council for supply of water}

363

356. ^Manner^{of collection of charges}

363

357. ^{Collection of fine for belated payment of charges for supply of water}

363

358. ^{Prohibition for drawing water from main line or pipeline}

364

359. ^{Installation of water meter}

364

360. ^{Control over house and other connections}

364

361. ^{Prevention of wastage of water}

364

362. ^{Power to order cleaning of insanitary private water course, spring, tank, well, etc. used for}

drinking purposes

365

363. ^{Prevention of pollution etc}

365

364. ^{Prohibition of construction of any building or digging of wells or bore wells or dumping of}

garbages or removing of sand in areas near municipal water supply sources

365

PART II

SEWERAGE

365. ^{Application for sewer connections}

365

366. ^{Control over house-sewers, privies and cesspools}

366

367. ^{Power of Commissioner to issue directions}

366

368. ^{Fixation of charges by the council for sewerage connections}

366

369. ^{Privatization of water supply service and sewerage system}

366

PART III

SINKING OF WELL

370. ^{Grant of permit to sink a well}

366

371. ^{Grant of certificate of registration}

367

372. ^Appeal

367

373. ^{Safety measures}

367

PART IV

FAECAL SLUDGE AND SEPTAGE MANAGEMENT

374. ^{Licence for collection, transportation and disposal of faecal sludge or septage}

368

375. ^{Renewal of Licence}

371

376. ^{Decantation fee}

371

377. ^{Transportation of faecal sludge and septage}

371

378. ^{Monitoring of desludging operations and prohibition of unsafe disposal}

371

379. ^{Power to seize specified vehicles}

371

380. ^Appeal.

372

CHAPTER XII

PUBLIC HEALTH AND SOLID WASTE MANAGEMENT

381. ^{Council to frame health bye-laws and regulations}

392

382. ^{Inspection by officers authorised by Commissioner for issue of}^licence

392

383. ^{Utilising services of officers in Health department and}^Municipality

392

384. ^{Abatement of nuisance}

392

385. ^{Vector Control}

392

386. ^{Disinfection of building and articles}

392

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

RULES.

CHAPTER I.

DEFINITIONS.

1. Short title, application and commencement.— (1) These rules may be called the Tamil Nadu

Urban Local Bodies Rules, 2023.

(2) They shall apply to all the Town Panchayats, Municipal Councils and Municipal Corporations in

the State.

(3) They shall come into force on the 13^th April 2023.

2. Definitions.— (1) In these rules, unless the context otherwise requires,—

(a) "Act” means the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999);

(b) “area” means part of a ward as delimited under rule 179;

Council for matters which are to be regulated in terms of the provisions of the Act or these rules;

(d) “Election Commission” means the Tamil Nadu State Election Commission;

(e) "Executive Authority" means the Executive Authority of the Council;

(f) "fine" means the amount levied by the Commissioner for belated payment of any tax or fees or

charges or any other amount due to the municipality, under the provisions of the Act or these rules.

(g) "Form" means "form" appended to each of the Chapters in these rules;

(h) "penalty" means any penalty which is leviable on conviction by any court under the provisions

of the Act or these rules;

(i) "public holiday" means any day which is a public holiday for the purposes of section 25 of the

Negotiable Instruments Act, 1881 (Central Act XXVI of 1881);

(j) "Schedule" means the Schedule appended to each of the Chapters in these rules;

(k) "Service" means the Tamil Nadu Municipal Service, Tamil Nadu Town Panchayat Service,

Tamil Nadu Municipal Council Service or Tamil Nadu Municipal Corporation Service, as the case may be;

(2) Words and expressions used but not defined in these rules shall have the meanings respectively

assigned to them in the Act or in the Tamil Nadu Government Servants (Conditions of Service) Act, 2016

(Tamil Nadu Act 14 of 2016), as the case may be. In the absence of such meaning, the Tamil Nadu General

Clauses Act, 1891 (Tamil Nadu Act I of 1891) shall apply for the interpretation of these rules, as it applies for

the interpretation of a Tamil Nadu Act.

CHAPTER II.

CLASSIFICATION OF URBAN LOCAL BODIES, DELIMITATION OF WARDS AND RESERVATION OF

SEATS.

3. Norms for classification of urban local bodies into various grades.— (1) The Government may,

by notification, classify the urban local bodies into various grades for the purpose of effective administration

based on the population in the case of a municipal corporation and based on the annual income for the last

three consecutive years in the case of a municipal council and a town panchayat, as specified below:-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(a) Classification of Municipal Corporations.

Grade

Population

(i)

Special Grade:

Exceeding ten lakh population;

(ii)

Selection Grade:

Exceeding five lakh but not exceeding ten

lakh population;

(iii)

First Grade:

Exceeding three lakh but not exceeding five

lakh population;

(iv)

Second Grade:

Not exceeding three lakh population.

(b) Classification of Municipal Councils.

Grade

Annual Income

(i)

Special Grade:

Exceeding rupees fifteen crore;

(ii)

Selection Grade:

Exceeding rupees nine crore but not

exceeding fifteen crore;

(iii)

First Grade:

Exceeding

rupees

six

crore

but

not

exceeding nine crore;

(iv)

Second Grade:

Not exceeding rupees six crore.

(c) Classification of Town Panchayats.

Grade

Annual Income

(i)

Special Grade:

Exceeding rupees two crore;

(ii)

Selection Grade:

Exceeding rupees one crore but not

exceeding two crore;

(iii)

First Grade:

Exceeding

rupees

fifty

lakh

but

not

exceeding one crore;

(iv)

Second Grade:

Not exceeding fifty lakh:

(2) The classification of the urban local bodies shall be reviewed every three years, based on the

norms specified in sub-rule (1).

4. Norms for fixation of strength of council.— (1) The number of councillors for each municipal

corporation, municipal council or town panchayat shall be fixed by the Director, taking into consideration the

population of that municipal corporation, municipal council or town panchayat, as the case may be, based on

the recommendation of the Delimitation Commission constituted under section 3 of the Tamil Nadu

Delimitation Commission Act, 2017 (Tamil Nadu Act 23 of 2017) and accepted by the Government, as

specified below:-

(a) Municipal Corporations.—

Sl.

No.

Population

Number of

Councillors

1. Exceeding 80 lakh

230

2. Exceeding 60 lakh but not exceeding 80 lakh

200

3. Exceeding 50 lakh but not exceeding 60 lakh

180

4. Exceeding 40 lakh but not exceeding 50 lakh

160

5. Exceeding 30 lakh but not exceeding 40 lakh

140

6. Exceeding 20 lakh but not exceeding 30 lakh

120

7. Exceeding 15 lakh but not exceeding 20 lakh

100

8. Exceeding 10 lakh but not exceeding 15 lakh

9. Exceeding 8 lakh but not exceeding 10 lakh

10. Exceeding 6 lakh but not exceeding 8 lakh

11. Exceeding 4.5 lakh but not exceeding 6 lakh

12. Exceeding 3 lakh but not exceeding 4.5 lakh

13. Not Exceeding 3 lakh

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) Municipal Councils.—

Sl.

No.

Population

Number of

Councillors

Exceeding 2,25,000

Exceeding 2,00,000 but not exceeding 2,25,000

Exceeding 1,75,000 but not exceeding 2,00,000

Exceeding 1,50,000 but not exceeding 1,75,000

Exceeding 1,25,000 but not exceeding 1,50,000

Exceeding 1,00,000 but not exceeding 1,25,000

Exceeding 80,000 but not exceeding 1,00,000

Exceeding 60,000 but not exceeding 80,000

Exceeding 50,000 but not exceeding 60,000

10.

Exceeding 40,000 but not exceeding 50,000

11.

Exceeding 30,000 but not exceeding 40,000

12.

Not exceeding 30,000

(c) Town Panchayats.—

Sl.

No.

Population

Number of

Councillors

Exceeding 25,000

Exceeding 20,000 but not exceeding 25,000

Exceeding 15,000 but not exceeding 20,000

Exceeding 10,000 but not exceeding 15,000

Provided that the number of councillors so fixed under this rule shall not be altered until the next

succeeding census figures are published by the Central Government:

Provided further that the number of councillors so fixed under this rule may be altered in case of any

change in the jurisdiction of any municipality.

(2) Notwithstanding anything contained in sub-rule (1), the number of councillors of the municipalities

on the date of coming into force of these rules, shall remain unaltered unless the Government otherwise

direct.

5. Delimitation of wards.— (1) Every municipality shall be divided into such number of wards based

on the recommendations of the Tamil Nadu Delimitation Commission constituted under the Tamil Nadu

Delimitation Commission Act, 2017 (Tamil Nadu Act 23 of 2017).

(2) The Government shall after having consultation with the Director, publish the delimitation of

wards of the municipalities in the Tamil Nadu Government Gazette, based on the recommendations of the

Delimitation Commission.

6. Reservation of seats in municipalities.— (1) While reserving seats for Women belonging to the

Scheduled Castes or the Scheduled Tribes, the wards having the highest percentage of population of

Women belonging to such Scheduled Castes or the Scheduled Tribes, among the wards so selected for the

Scheduled Castes and the Scheduled Tribes, shall be reserved.

(2) The reservation of seats for the Scheduled Castes and the Scheduled Tribes and Women shall

be calculated in the manner specified below:-

(a) For the purpose of reservation of seats for the Scheduled Castes and the Scheduled Tribes,

the number of seats to be reserved shall be the percentage of the Scheduled Castes and the Scheduled

Tribes in the total population of the municipality.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) Seats shall be reserved for Women in the municipality and the number of seats so reserved

shall be not less than fifty per cent (including the number of seats reserved for Women belonging to the

Scheduled Castes and the Scheduled Tribes) of the total number of seats in the municipality.

percentage of the Scheduled Castes, the Scheduled Tribes and Women population shall be arranged in the

descending order and the wards having the highest percentage of the Scheduled Castes/the Scheduled

Tribes and Women shall be taken for reservation according to the numbers required. While reserving seats

for Women, the wards reserved for Scheduled Castes and Scheduled Tribes shall be left out and the wards

having the highest percentage of Women population shall be reserved for Women.

(d) While determining the number of seats in every municipality for the purpose of reservation,

any fraction which is less than half shall be disregarded and half or more than half, shall be regarded as one.

(e) The number of seats so reserved for the Scheduled Castes and the Scheduled Tribes as

provided in sub-rule (1), shall be apportioned among the Scheduled Castes and the Scheduled Tribes having

regard to the proportion of the population of such Scheduled Castes and Scheduled Tribes.

(f) Where there is no sufficient population of the Scheduled Castes or the Scheduled Tribes in a

municipality for reservation of seats, a minimum number of one ward shall be reserved for the Scheduled

Castes or the Scheduled Tribes which shall be having the highest percentage of population of the Scheduled

Castes or the Scheduled Tribes in that municipality.

(3) After publication of the reservation of wards by the Government, the Commissioner shall also

cause arrangements to publish the lists of the wards reserved for the Scheduled Castes, the Scheduled

Tribes and Women in the municipal office and in one or two conspicuous places in all the wards for

information of the public.

7. Reservation of office of Chairperson in a municipality.— (1) The Government shall, by

notification, reserve the office of the Chairperson for the Scheduled Castes, the Scheduled Tribes and for

Women.

(2) For the purpose of such reservation of the office of Chairperson, each of the municipal

corporations, municipal councils and town panchayats in the State shall constitute as separate units. The

percentage of the population of the Scheduled Castes, the Scheduled Tribes and Women in the municipal

corporations, municipal councils and town panchayats shall be arranged in the descending order. Such

number of the municipal corporations, municipal councils and town panchayats having highest percentage of

population of the Scheduled Castes, the Scheduled Tribes and Women, in the descending order shall be

reserved for the Scheduled Castes, the Scheduled Tribes and Women as required under the Act.

(3) While reserving office of the Chairperson for Women belonging to the Scheduled Castes or the

Scheduled Tribes, the municipality having the highest percentage of population of Women belonging to such

Scheduled Castes or Scheduled Tribes, among the municipalities so selected for the Scheduled Castes and

Scheduled Tribes shall be reserved.

(4) While reserving office of the Chairperson for Women under sub-rule (1), the municipality already

reserved for the Scheduled Castes, Scheduled Tribes shall be left out and the next municipalities having

highest percentage of Women population shall be reserved. The number of seats reserved for Women

Chairperson shall be not less than fifty per cent.

(5) The Commissioner of a municipality shall publish a notice containing information as to whether

the office of the Chairperson of the municipality has been reserved for the Scheduled Castes, the Scheduled

Tribes or for Women or not in the office of the municipality and in one or two conspicuous places of the

wards for information of the public.

(6) While determining the number of offices of the Chairperson of municipalities for the purpose of

reservation for the Scheduled Castes, the Scheduled Tribes and Women, any fraction which is less than half

shall be disregarded and half or more than half shall be regarded as one.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER III.

ELECTIONS.

PART I.

8. Definitions.— For the purpose of this Chapter,—

(a) “Ballot box” includes any box, bag or other receptacle used for the insertion of ballot paper by

electors;

(b) “Contesting candidate” means a candidate whose nomination has been duly accepted under

sub-rule (9) of rule 33 and who has not withdrawn his candidature;

(d) "District Election Officer" means the officer specified in rule 13;

(e) “Election Court” means the court of the Principal Judge, City Civil Court, Chennai in respect of

the Chennai City Municipal Corporation and the court of the District Judge, in respect of other municipal

corporations, municipal councils and town panchayats under whose jurisdiction, the municipal corporation or

the municipal council or the town panchayat is situated;

(f) “Elector” in relation to a ward of a town panchayat or a municipal council or a municipal

corporation, means a person whose name is entered in the electoral roll of that ward of town panchayat or

municipal council or municipal corporation for the time being in force;

(g) “Electoral Registration Officer” means the Executive Officer of a town panchayat or the

Commissioner of a municipal council or of a municipal corporation, as the case may be, or any other officer

authorised in this behalf by the Election Commission under rule 14 to prepare and publish electoral rolls

under the Act;

(h) “Electoral right” means the right of a person to stand or not to stand as, or to withdraw or not to

withdraw from being, a candidate, or to vote or refrain from voting at an election;

(i) “Electoral roll” means the electoral rolls of the wards in a town panchayat or a municipal council

or a municipal corporation;

(j) “Electoral roll number of a person” means and includes—

(i) the serial number of the entry in the electoral roll in respect of that person;

(ii) the serial number of the part of the electoral roll in which such entry occurs;

(iii) the serial number of the street in which such entry occurs; and

(iv) the number and name of the ward of the town panchayat or municipal council or municipal

corporation to which the electoral roll relates;

(k) “Form” means a form appended to these rules and includes a translation thereof in the language

or languages in which the electoral roll of town panchayat or municipal council or municipal corporation is

prepared;

(l) “Marked copy of the electoral roll” means a copy of the electoral roll set apart for the purpose of

marking the entry relating to the electors to whom ballot paper or ballot papers are issued at an election;

(m) “Person” does not include a body of persons;

(n) “Polling Officer” means an officer appointed under rule 19 of these rules to assist the Presiding

Officer in the performance of his duties;

(o) “Polling station” means a place fixed under rule 16 of these rules, for taking poll at an election or

elections;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(p) “Presiding Officer” means an officer appointed under rule 19 for taking poll at a polling station;

(q) “Qualifying date” in relation to the preparation of every electoral roll under these rules means the

first day of January of the year in which it is so prepared;

(r) “Returned Candidate” means a candidate who has been declared as elected and whose name

has been duly published;

(s) “Returning Officer” means an officer appointed under rule 15;

(t) "State Election Officer" means the officer specified in rule 12;

9. Conduct of more than one election simultaneously.— When the offices to be filled up by

election under this Chapter are vacant in a town panchayat or municipal council or municipal corporation,

elections to fill up such vacancies may be held either separately or simultaneously at the same polling station

or polling stations, as the Election Commission may direct from time to time. The Presiding Officers, Polling

Officers and such other Officers appointed for the purposes of conducting one election shall be deemed to

have been appointed for the purposes of holding the elections so held simultaneously at the polling station.

Unless otherwise directed by the Election Commission, the polling materials like ballot boxes, voting

machines, rubber stamps, distinguishing marks, etc., used for one election may also be used for the other

elections.

10. Signing of an instrument.— For the purpose of this Chapter, a person who is unable to write his

name shall, unless otherwise expressly provided for in this Chapter, be deemed to have signed an

instrument or other paper, if—

(1) he has placed a mark on such instrument or other paper in the presence of the Returning Officer,

Presiding Officer or such other officer as may be specified in this behalf by the Election Commission; and

(2) such officer, on being satisfied as to his identity, has attested the mark as being the mark of that

person.

PART II.

CONDUCT OF ELECTIONS.

11. Powers and functions of the Election Commission.— (1) The preparation of electoral roll and

the conduct of all elections under these rules, shall be held under the superintendence and control of the

Election Commission and for this purpose it shall have power to give such directions, as it may deem

necessary, to the State Election Officer or District Election Officer or any other officer or servant of the

Government or the local bodies or Government undertakings and aided schools, who are engaged for the

purpose, so as to ensure efficient conduct of the elections.

(2) The Election Commission may, subject to control and revision, delegate its powers to such

officers as it may deem necessary.

(3) The State Election Officer, the District Election Officer, Electoral Registration Officer, Returning

Officer, Assistant Returning Officer, Zonal Officer, Presiding Officer, Polling Officer and any other officer

appointed under these rules for the time being, for the conduct of any election and any police officer posted

for election duty shall be deemed to be on deputation to the Election Commission for the period commencing

on and from the date of preparation of electoral rolls till its completion and from the date of notification calling

for such elections and ending with the date of completion of such elections and such officer shall, during that

period, be subject to the control, superintendence and discipline of the Election Commission.

(4) (a) The Election Commission may obtain from the Executive Officers of town panchayats or the

Commissioners of municipal councils and municipal corporations, as the case may be, particulars of various

casual vacancies to be filled up under these rules.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) It shall be the duty of the Executive Officers or the Commissioners, as the case may be, to

report every casual vacancy within one week from the date of its occurrence to the Election Commission.

12. State Election Officer.— The Commissioner or the Director of town panchayats in the case of

town panchayats and the Commissioner or the Director of Municipal Administration in the case of municipal

councils and municipal corporations except Chennai City Municipal Corporation shall be the State Election

Officer who shall co-ordinate and supervise the preparation and publication of electoral rolls and also the

conduct of all elections, respectively, to the town panchayats, municipal councils and all municipal

corporations, except Chennai City Municipal Corporation in the State. The State Election Officer shall also

perform such other functions as may be entrusted to him by the Election Commission from time to time.

13. District Election Officer.— The respective District Collector shall be the District Election Officer,

in respect of town panchayats, municipal councils and municipal corporations, except in the district of

Chennai. The Commissioner of Chennai City Municipal Corporation shall be the District Election Officer, for

the Chennai City Municipal Corporation. The District Election Officer shall co-ordinate and supervise the

works in connection with the preparation and publication of electoral rolls and the conduct of elections. The

District Election Officer shall also perform such other functions as may be entrusted to him by the Election

Commission from time to time.

14. Electoral Registration Officer.— The Election Commission shall authorise the Executive Officer

of the respective town panchayat or the Commissioner of the respective municipal council or municipal

corporation or any other officer, as the case may be, as the Electoral Registration Officer, for the purposes of

preparing and publishing the electoral rolls of the town panchayat or the municipal council or the municipal

corporation and in respect of the Wards in their jurisdictions.

15. Returning Officer and his duties.— (1) The Election Commission or the State Election Officer or

the District Election Officer except the District Election Officer of the Chennai City Municipal Corporation, if

specifically directed by the Commission, shall appoint the Executive Officer of the town panchayat or the

Commissioner of the municipal council or municipal corporation or any other officer of the Government as

Returning Officer for the conduct of election under these rules.

(2) Subject to the superintendence, direction and control of the Election Commission, and under the

supervision and guidance of the State Election Officer and the District Election Officer, the Returning Officer

shall be responsible for the proper conduct of the elections in the manner provided in the Act, these rules or

any other order issued by the Election Commission from time to time.

16. Provision of polling stations.— The Returning Officer shall, with the approval of the District

Election Officer, provide sufficient number of polling stations for every ward of a town panchayat or municipal

council or municipal corporation, as the case may be, in such manner as the Election Commission may direct

and shall, publish at such place or places and in such manner as the Election Commission may direct, a list,

in the language or languages in which the electoral roll of the area is prepared, showing the names of polling

stations so provided and the polling area or areas or group of voters for which they have been provided.

17. Observers.— (1) The Election Commission may nominate an Observer who shall be an officer of

the Government to watch the conduct of election or elections in a town panchayat or municipal council or

municipal corporation or a part or a group thereof within a Revenue division or a part of Revenue division or

a group of Revenue divisions or a district and to perform such other functions as may be entrusted to him by

the Election Commission.

(2) The Observer nominated under sub-rule (1) shall have the power to direct the Returning Officer

appointed for the conduct of the election for which he has been nominated, to stop the counting of votes at

any time before the declaration of the result or not to declare the result, if in the opinion of the Observer

booth capturing has taken place at a large number of polling stations or at places fixed for the poll or

counting of votes or any ballot box or electronic voting machine used at a polling station or at a place fixed

for the poll is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer or if at any

time before the counting of the votes is completed, ballot boxes or electronic voting machines used at a

polling station are unlawfully taken out of the custody of the Returning Officer or are accidentally or

intentionally destroyed or lost or damaged or tampered with to such an extent that the result of the poll at

that polling station or place cannot be ascertained.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Where an Observer has directed the Returning Officer under this rule to stop counting of votes or

not to declare the result, the Observer shall forthwith report the matter to the District Election Officer, the

State Election Officer and the Election Commission and thereupon the Election Commission or the State

Election Officer, as the case may be, shall, after taking all material circumstances into account, issue

appropriate direction as prescribed under rule 61 or 97.

Explanation.— For the purposes of sub-rule (2) and sub-rule (3), “Observer” shall include any

officer of the Election Commission as has been assigned under this rule the duty of watching the conduct of

election or elections in a town panchayat or municipal council or municipal corporation or a part or a group

thereof within a Revenue division or a part of Revenue division or a group of Revenue divisions by the

Election Commission.

18. Assistant Returning Officer.— (1) The Election Commission or the State Election Officer or the

District Election Officer, if so specifically authorised by the Election Commission, may appoint one or more

officers as Assistant Returning Officers to assist any Returning Officer in the performance of all or any of his

duties and functions:

Provided that every such Assistant Returning Officer shall be an officer of the Government or of the

town panchayat or municipal council or municipal corporation, as the case may be, not below the rank of an

Assistant in respect of town panchayat and Superintendent in respect of municipal council or municipal

corporation.

(2) Every Assistant Returning Officer shall, subject to the control of the Returning Officer, be

competent to perform all or any of the duties and functions of the Returning Officer as may be directed from

time to time, by the Election Commission or the State Election Officer or the District Election Officer, as the

case may be.

19. Appointment of Presiding Officers and Polling Officers.— The Returning Officer shall appoint

a Presiding Officer and Polling Officers in accordance with the scale as may be specified by the Election

Commission for each polling station:

Provided that only officers or servants of the Government, undertakings owned by the State

Government, aided schools or local authorities except the employees of the town panchayat or municipal

council or municipal corporation concerned shall be appointed as Presiding Officers:

Provided further that the officer or servants of the Central Government may also be appointed as

Presiding Officers or Polling Officers with the permission of the competent authority of that Government.

20. General duties of the Presiding Officer and Polling Officers.— (1) Subject to the provisions of

these rules, it shall be the general duty of the Presiding Officer at a polling station to keep order thereat, and

to ensure that the poll is freely and fairly taken. It shall be the duty of the Polling Officers to assist the

Presiding Officer in the performance of his functions.

(2) If the Presiding Officer, owing to illness or any other unavoidable cause, is obliged to absent

himself from the polling station, his duties and functions shall be performed by such Polling Officer as has

been specifically authorised by the Returning Officer.

PART III.

PREPARATION AND PUBLICATION OF ELECTORAL ROLL.

21. Preparation of electoral roll.— (1) The Electoral roll of a ward of a town panchayat or municipal

council or municipal corporation, as the case may be (hereinafter referred to as the roll), shall be prepared

with reference to the qualifying date by the Electoral Registration Officer, by integrating the particulars in the

various entries available in such part or portion thereof of the current electoral roll of the Tamil Nadu

Legislative Assembly Constituency and the various amendments issued to it from time to time, as they relate

to the ward of a town panchayat or municipal council or municipal corporation or portion thereof.

(2) The roll shall be divided into convenient parts which shall be numbered consecutively.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) There shall be a separate part or parts of the rolls for each ward of a town panchayat or

municipal council or municipal corporation, as the case may be.

(4) The number of names included in any part of the roll shall not ordinarily exceed two thousand

and four hundred and in case where it exceeds that number, it shall be prepared in more than one part in a

convenient manner, in accordance with the directions issued by the Election Commission from time to time.

(5) The rolls of all wards so prepared, published and put together shall form the electoral roll of the

town panchayat or municipal council or municipal corporation, as the case may be.

Explanation.— The electoral roll for a town panchayat or municipal council or municipal corporation

need not be prepared or amended separately once the electoral rolls of all the constituent wards have been

prepared or amended under rule 25.

(6) The electoral roll shall be prepared before every general or mid – term election.

22. Form and language of the roll.— The roll shall be prepared in the format adopted in the roll of

Tamil Nadu Legislative Assembly constituency. The title and other particulars shall be in accordance with the

directions of the Election Commission issued from time to time. The roll shall be prepared in such language

or languages in which the roll of the Tamil Nadu Legislative Assembly Constituency within which the ward of

the town panchayat or municipal council or municipal corporation is situated, is prepared.

23. Order of names.— (1) The names of electors in each part of the roll shall be arranged according

to house numbers.

(2) The names of electors in each part of the roll shall be numbered consecutively with separate

serial numbers beginning with number one.

24. Publication of copies of rolls.— (1) As soon as the roll is prepared in accordance with these

rules, the Electoral Registration Officer shall get it printed or cyclostyled or written in manuscript as many

copies of the roll as may be directed by the Election Commission from time to time. He shall then publish at

the office of the town panchayat or municipal council or municipal corporation and in one or more

conspicuous places of the ward, the roll along with a notice in Form 1, by making copies thereof available for

inspection by public and political parties.

(2) The Electoral Registration Officer may also give further publicity to the roll so published as he

may consider necessary.

(3) He shall supply, free of cost, if so directed by the Election Commission, two copies of the roll to

each of the recognised political parties as notified by the Election Commission from time to time.

(4) Upon such publication under this rule, the roll shall be the electoral roll of the ward or of the town

panchayat or municipal council or municipal corporation, as the case may be, and shall remain in force till a

fresh roll is prepared and published.

25. Procedure in case of claims and objections.— Omissions of name in any part of the roll or

objection to any entry in the roll, at any point of time after its publication under rule 24, shall be settled first by

getting amended suitably the relevant portion of the electoral roll of the Tamil Nadu Legislative Assembly

Constituency, based on which the role of the town panchayat or municipal council or municipal corporation

was prepared. Anybody wishing to raise a claim for inclusion of any name in the roll or any objection in

respect of any entry in the roll so published, shall submit a claim or objection under the provisions of the

Registration of Electors Rules, 1960, to the Electoral Registration Officer of the concerned Legislative

Assembly Constituency. Subject to the provisions of the Act and based on the orders of the Electoral

Registration Officer of the Assembly Constituency on such claims and objections, the Electoral Registration

Officer shall amend the relevant portion of the town panchayat or municipal council or municipal corporation

electoral roll, incorporating the changes by issuing an amendment. In case of any clerical or printing error or

when the entries deviate from the particulars of the Assembly roll, the concerned Electoral Registration

Officer may cause such errors, omissions or commissions rectified so as to bring it in conformity with the

particulars of the Assembly roll concerned. The Electoral Registration Officer, shall not resort to suo-motu

revision of the rolls by way of deletions, additions or modifications.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

26. Special Provision for preparation of rolls on changes in jurisdiction and on consequential

re-delimitation of wards.— (1) If there is any change in the jurisdiction of a town panchayat or municipal

council or municipal corporation or if the ward of the town panchayat or municipal council or municipal

corporation is delimited anew in accordance with law and if it is necessary to prepare the rolls urgently, the

Election Commission may direct that the rolls shall be prepared,—

(a) by putting together the rolls of the existing wards or divisions comprising the new wards or

divisions so formed; and

(b) by making appropriate alteration in the arrangements, serial numbers and headings of the

rolls so compiled.

(2) The roll so prepared shall be published in the manner specified in rule 24 and on such

publication, shall be the roll for the newly created town panchayat or municipal council or municipal

corporation or delimited ward or division.

27. Sale of electoral rolls and custody of rolls.— (1) After its publication, copies of the rolls or

portion or extract thereof, may be sold to the public at the prices determined by the Election Commission

from time to time and the proceeds thereof shall be remitted to the funds of the town panchayat or municipal

council or municipal corporation concerned.

(2) One copy of the roll relating to each ward of the town panchayat or municipal council or municipal

corporation duly authenticated by the Electoral Registration Officer shall be kept in his office for a period of

six years from the date of its final publication or till a new roll is published, whichever is earlier.

PART IV.

NOTIFICATION OF ELECTION AND NOMINATION OF CANDIDATES.

28. Notification of programme of election.— (1) For the purposes of filling up of ordinary and casual

vacancies the Election Commission, shall, in pursuance of the Constitutional provisions and in consultation

with the Government, publish one or more notifications in the manner specified below, calling upon the

electors to elect Councillors on such date or dates as may be specified therein.

(2) The notifications referred to in sub-rule (1) shall specify,-

(i)

the date on which the public notice of election shall be published;

(ii) the last date for making nominations, which shall be the seventh day after the publication of

the public notice referred to in clause (i) or if that day is a public holiday, the next succeeding day which is

not a public holiday, the hours between which the nomination can be made being 11.00 a.m. and 3.00 p.m.

on each day;

(iii) the time and date for taking up the scrutiny of nominations, which shall be 11.00 a.m. of the

day immediately following the last date for making nominations or, if that date is a public holiday, the next

succeeding day which is not a public holiday;

(iv) the hour and date upto which the withdrawal of candidature can be made, which shall

be 3.00 p.m. on the second day after the date for the scrutiny of nominations or, if that day is a public

holiday, the next succeeding day which is not a public holiday;

(v) the date or dates on which the votes of electors will be taken, should there be a poll, shall

be a date not earlier than the seventh day after the last date for the withdrawal of candidature and the hours

during which the poll will be open being not less than ten hours between 7.00 a.m. and 5.30 p.m.;

(vi) the date before which the election shall be completed; and

(vii) the date on which the first meeting of the newly elected councillors shall be held in the case

of general elections.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) The notifications referred to in sub-rule (1) shall be published in the Tamil Nadu Government

Gazette. The Election Commission may also arrange to publish the notifications at such other places as it

deems fit, to give further publicity to the notification.

29. Notice of Election.— (1) In pursuance of the notification of the Election Commission under

rule 28, the Returning Officer shall cause to be published, on the appointed date, a notice of election in Tamil

in Form 2 and also in any other language or languages in which the electoral roll is published for the election

of Councillors, in the town panchayat or municipal council or municipal corporation office and also affix a

copy of the notice in two conspicuous places in the concerned wards.

(2) The notice of election shall contain the following particulars, namely:—

(a) the ward or wards for which elections are to be held;

(b) whether the ward is reserved or not; if reserved, whether it is reserved for the Scheduled

Caste, or the Scheduled Tribe or for Woman;

papers shall be presented;

(d) the person or persons by whom the nomination papers will be received;

(e) the date on which and the hours at which and the place at which the nomination papers will

be taken up for scrutiny;

(f) the last date on which and the hours upto which the nomination papers can be withdrawn;

(g) the date on which and the place or places at which and the hours between which the votes of

the electors will be taken at the poll, should there be a poll;

(h) the date on which and the place or places and hour at which the Returning Officer will

commence the counting of votes;

(i) the date before which the election shall be completed; and

(j) the date on which the first meeting of the newly elected councillors shall be held in the case of

general elections.

30. Presentation of Nomination Paper.— (1) The nomination of every candidate shall be made by

means of a nomination paper in Form 3. Copies of the Form can be had from the offices specified in the

notice of election on any working day.

(2) On the date or dates specified in the election notice for the presentation of nomination papers,

each candidate qualified to contest the election shall, either in person or by his proposer, deliver to the

Returning Officer at the place and during the hours specified in that behalf, a nomination paper completed in

Form 3 and signed by the candidate and by a proposer who shall be an elector in the ward of the town

panchayat or municipal council or municipal corporation, in the election of Councillors:

Provided that no nomination paper for election shall be delivered to the Returning Officer on a day

which is a public holiday.

Explanation.— The candidate for a ward of a town panchayat or municipal council or municipal

corporation need not be an elector of that ward. However, he should be an elector in that town panchayat or

municipal council or municipal corporation.

(3) (a) Every candidate at the time of filing his nomination paper for any general election or mid-term

election for electing a Councillor of any town panchayat/municipal council/municipal corporation shall furnish

full and complete information in an affidavit in Form 4.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) The said affidavit shall be duly sworn before a Magistrate of the First Class or a Notary Public

or a Commissioner of Oaths appointed by the High Court of Madras or before an officer competent for

swearing an affidavit. The affidavit shall be prepared in a Non judicial stamp paper of a value of not less than

Rs. 20/- (Rupees twenty only).

rule and the nomination of the candidate concerned shall be liable for rejection by the Returning Officer at

the time of scrutiny of nomination papers.

(d) If more than one nomination has been filed by a candidate for an election, the affidavit shall

be annexed along with the first nomination and there is no need to furnish the affidavit with the other

nomination papers.

(e) The information so furnished by each candidate in the affidavit shall be disseminated by the

respective Returning Officers by displaying a copy of the affidavit on the notice board of his office and also

by making copies thereof available to all other candidates on demand and to the representatives of the print

and the electronic media.

(f) If any rival candidate has furnished any information to the contrary, by means of a duly sworn

affidavit, then such affidavit of the rival candidate shall also be disseminated along with the affidavit of the

candidate concerned in the manner prescribed in clause (e).

(g) All the Returning Officers shall ensure that the format of the affidavit in Form 4 shall be

furnished to the candidates along with the Forms of nomination papers as part of the nomination papers.

(h) In case of furnishing of any false information by any candidate, the Returning Officer

concerned may initiate criminal action against the candidate, for an offence punishable under section 177 of

Indian Penal Code, 1860 (Central Act XLV of 1860) after providing reasonable opportunity of hearing and by

following the procedure contemplated in section 195 of the Code of Criminal Procedure, 1973 (Central Act 2

of 1974).

(4) If the seat is reserved for the Scheduled Castes or the Scheduled Tribes, a candidate shall

furnish a declaration in the nomination Form, specifying the Caste or Tribe of which he is a member and the

area in relation to which that Caste or Tribe is notified as a Scheduled Caste or Scheduled Tribe in the State.

(5) On the presentation of the nomination paper, the Returning Officer shall satisfy himself that the

names and roll numbers of the candidate and his proposer as entered in the nomination paper are the same

as those entered in the roll:

Provided that the Returning Officer shall permit any misnomer or inaccurate description or clerical or

printing error in the nomination paper in regard to the names or numbers, to be corrected or to bring them in

conformity with the corresponding entries in the electoral roll and wherever necessary, direct that any clerical

or printing error in the said entries shall be overlooked.

(6) Not more than four nomination papers shall be presented by or on behalf of any candidate for

any one election.

(7) An elector for whom nomination papers as a candidate are presented for an election shall not

sign any nomination paper as a proposer for that election.

31. Deposits.— (1) A candidate shall not be deemed to be duly nominated for election unless at the

time of delivery of the nomination paper he deposits or causes to be deposited with the Returning Officer in

cash, or encloses with the nomination paper a receipt showing that the amount specified in the Table below

has been deposited by him or on his behalf into the account of the town panchayat, municipal council or

municipal corporation, concerned.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

THE TABLE.

Sl.

No.

Nature of Election

Amount

Other than for

Scheduled

Castes/Scheduled

Tribes

(Rs.)

For Scheduled

Castes/Scheduled

Tribes

(Rs.)

(1)

(2)

(3)

For election of Councillor of a town

panchayat

1,000/-

500/-

For election of Councillor of a municipal

council

2,000/-

1,000/-

For election of Councillor of a municipal

corporation

4,000/-

2,000/-

Provided that where a candidate has been nominated for election as a Councillor by more than one

nomination paper, not more than one deposit need be made.

(2) (a) The deposit made under sub-rule (1) shall unless forfeited under sub-rule (3) or (4) be

returned as soon as practicable after the result of the election is declared:

Provided that where a candidate is not shown in the list of contesting candidates or dies before the

commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the

list of contesting candidates.

(b) The deposit shall be returned to the candidate, his legal heirs, or a person authorised by him

in this behalf.

(3) If a candidate is not elected and the number of valid votes polled by him does not exceed one

sixth of the total number of valid votes polled by all the candidates in the ward, the deposit made by him or

on his behalf, shall be forfeited to the town panchayat, municipal council or municipal corporation,

concerned.

(4) The Returning Officer shall maintain in such Form as may be laid down by the Election

Commission, an account of the deposits made.

32. Notice of nominations and the time and place for their scrutiny.— (1) The Returning Officer

shall on receiving nomination paper under these rules, inform the person presenting the same, of the date,

time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number

and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has

been presented to him.

(2) As soon as may be, after the close of the time fixed for receiving nomination papers on each day,

the Returning Officer shall cause to be affixed in some conspicuous place in his office a notice in Form 5 of

all the nomination papers presented to him on that day.

(3) On the last day, after the expiry of the time fixed for receipt of nomination papers, the Returning

Officer shall cause to be affixed in the notice board of his office a consolidated notice in Form 6 of all the

nomination papers presented to him and the date, time and place fixed for the scrutiny of nominations.

(4) If a candidate considers that his name is incorrectly spelt or is otherwise incorrectly shown in his

nomination paper or is different from the name by which he is popularly known, he may, at any time before

the list of contesting candidate is prepared, furnish in writing to the Returning Officer, the proper form and

spelling of his name and the Returning Officer shall, on being satisfied as to the genuineness of the request,

make necessary correction or alteration in the list in Form 6 and adopt that form and spelling in the list of

contesting candidates.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

33. Scrutiny of nominations.— (1) On the date and hour notified, the Returning Officer shall take up

the scrutiny of nominations at the place fixed for scrutiny. The candidate, one of his proposers and one other

person duly authorised by him, may attend the scrutiny. The Returning Officer shall provide them reasonable

facilities for examining the nomination papers of all the candidates entered in the list in Form 6.

(2) If any person objects to any nomination, he shall do so in writing. The Returning Officer shall give

a written acknowledgement for the receipt of objection.

(3) The Returning Officer shall then examine the nomination papers and decide, ward by ward, the

objections which may be raised to any nomination and may either, on such objection, or on his own motion,

after such summary inquiry, as he thinks necessary, reject any nomination on any of the following grounds,

namely:—

(a) that on the date of filing of nomination papers, the candidate either was not qualified for being

elected to fill up the vacancy under any of the provisions of the Act; or

(b) that there has been a failure to comply with any of the provisions contained in rule 30 or 31; or

(d) that, where the election is solely for a seat reserved for the Scheduled Castes or the

Scheduled Tribes or Women, the candidate does not belong to such category.

(4) Nothing contained in clause (b) or (c) of sub-rule (3) shall be deemed to authorise the rejection of

the nomination of any candidate, if the candidate has been duly nominated by means of another nomination

paper in respect of which no defect has been noticed.

(5) The Returning Officer shall not reject any nomination paper on the ground of any defect which is

not of a substantial character.

Explanation.— For the purpose of this sub-rule, failure to complete or any defect in completing the

declaration as to symbols in a nomination paper shall not be a defect of a substantial character.

(6) Where a person has signed as a proposer in more than one nomination paper in respect of an

election, only that nomination paper which has been first received shall be accepted if it is otherwise valid.

(7) The Returning Officer shall hold the scrutiny on the date and time notified in this behalf in the

election notice and shall not allow any adjournment of the proceedings except when such proceedings are

interrupted or obstructed by riot or open violence or by causes beyond his control:

Provided that if an objection is raised by the Returning Officer or by any other person, the candidate

concerned may be allowed time to rebut it not later than 11.00 a.m. on the next day following the date fixed

for scrutiny. The Returning Officer shall record his decision on that nomination on the adjourned date.

(8) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting

the same. If the nomination paper is rejected, he shall record in writing a brief statement of his reasons for

such rejection. A copy of the same may be furnished to the candidate concerned, if any application in this

behalf has been made by him.

(9) Immediately after all the nomination papers are scrutinized and decisions accepting or rejecting

the same are recorded, the Returning Officer shall prepare a list of validly nominated candidates, in the order

of Tamil alphabet, in Form 7 and publish a copy thereof at the place notified for receipt of nominations.

34. Withdrawal of candidature.— (1) Any candidate may withdraw his candidature by a notice in

Form 8 subscribed by him and delivered to the Returning Officer before the time fixed for the purpose. The

notice may be delivered either by such candidate in person or by his proposer, who has been authorised in

this behalf in writing, by such candidate.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) On receipt of such notice, the Returning Officer shall note thereon the date and time at which it

was delivered to him.

(3) No person who has given notice of withdrawal of his candidature under sub-rule (1), shall be

allowed to cancel the notice.

(4) The Returning Officer shall, on being satisfied as to the genuineness of the notice of withdrawal

and the identity of the person delivering it under sub-rule (1), cause a notice showing the list of candidates

who have withdrawn their candidature in Form 9 to be affixed in the notice board of his office.

35. Preparation of list of contesting candidates.— (1) Immediately after the expiry of the period

within which candidature is allowed to be withdrawn under sub-rule (1) of rule 34, the Returning Officer shall

prepare in Form 10, a list of contesting candidates, that is to say, candidates who are included in the list of

validly nominated candidates and who have not withdrawn their candidature within the period allowed for the

withdrawal.

(2) The said list shall contain,—

(a) the names, as corrected under sub-rule (4) of rule 32, and arranged in the order of

Tamil alphabet;

(b) the addresses of the contesting candidates as given in the nomination papers; and

36. Procedure in contested and uncontested election.— (1) The Returning Officer shall

immediately after the preparation of the list of contesting candidates referred to in rule 35, adopt the

procedure specified hereunder and determine the seat in respect of which a poll is necessary:-

(a) if there is only one contesting candidate, the Returning Officer shall, after publishing the list in

Form 10 at the places mentioned in sub-rule (4) of rule 39, declare such candidate to be duly elected.

(b) if there are two or more contesting candidates, the Returning Officer shall arrange for a poll

to be taken.

Election Officer and the District Election Officer for starting the election proceedings afresh in all respects as

if for a new election.

(2) The declaration referred to in clause (a) of sub-rule (1) above shall be made in Form 28. The

Returning Officer shall also cause to be affixed in some conspicuous place in his office, a copy of the

declaration.

37. Recognition of political parties.— Every political party recognised by the Election Commission of

India as a National party or as a State party in the State under the Election Symbols (Reservation and

Allotment) Order, 1968 shall be a recognised political party for the purpose of election under these rules.

38. Publication of a list of recognised parties and symbols.— For the purpose of these rules, the

Election Commission shall publish by a notification a list of recognised political parties and symbols reserved

to each such recognised political party and a list of free symbols.

39. Assignment of symbols and publication of list of contesting candidates.— (1) After expiry of

the period for withdrawal of candidature, if a poll is found to be necessary, the Returning Officer shall,

subject to such direction as may be issued by the Election Commission in that behalf, assign a distinctive

symbol to each contesting candidate and also be supplied with a specimen thereof.

(2) The allotment by the Returning Officer of any symbol to a candidate shall be final except where it

is inconsistent with any direction issued by the Election Commission under sub-rule (1). In such cases, the

Election Commission may revise the allotment in such manner as it thinks fit.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Notwithstanding anything contained in sub-rule (1), the Election Commission may by order

rescind, revoke, amend or vary the direction issued under sub-rule (1) for the assignment of symbols to the

contesting candidates, at any stage before the last date fixed for finalising the list of contesting candidates in

Form 10.

(4) The Returning Officer shall then complete the list of contesting candidates in Form 10 and

publish the same at the office of the town panchayat or municipal council or municipal corporation, as the

case may be. The list shall also be displayed in two or more conspicuous places in the respective ward.

40. Death of candidate before poll.— If a candidate, set up by a recognised political party,-

(a) dies at any time after 11.00 a.m. on the last date for making nominations and his nomination is

found valid on scrutiny under rule 33; or

(b) whose nomination has been found valid on scrutiny under rule 33 and who has not withdrawn his

candidature under rule 34, dies, and in either case, a report of his death is received at any time before the

publication of the list of contesting candidates under rule 39; or

the poll, the Returning Officer shall, upon being satisfied about the fact of the death of the candidate, by

order, adjourn the poll and report the fact to the Election Commission, the State Election Officer and the

District Election Officer and all proceedings with reference to the election shall be commenced afresh in all

respects, by the Election Commission, as if for a new election:

Provided that no order for adjourning the poll should be made in a case referred to in

clause (a) except after the scrutiny of all the nominations including the nomination of the deceased

candidate:

Provided further that no fresh nomination shall be necessary in the case of a person who was a

contesting candidate at the time of the adjournment of the poll.

PART V.

POLL.

41. Appointment of polling personnel.— (1) If a poll has to be taken, the Returning Officer shall

appoint for each polling station one Presiding Officer, as many Polling Officers as may be authorised by the

Election Commission, and such other persons to assist the Presiding Officer.

(2) The Presiding Officer shall ensure that votes are recorded at the Polling Station with absolute

secrecy and he shall regulate the number of electors to be admitted at one time and shall exclude all other

persons except,-

(a) the contesting candidates, their election agents and one polling agent at a time for each

contesting candidate;

(b) a child in arms accompanying an elector;

(d) such other persons as the Returning Officer or the Presiding Officer may admit for the

purpose of helping in the identification of the electors or in searching women electors or assisting him

otherwise in taking the poll;

(e) public servants on duty in connection with elections; and

(f) such other persons as may be authorised by the Election Commission and the State Election

Officer as well as the District Election Officer.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

42. Appointment of election agents.— A candidate at an election may appoint any one person to be

his election agent. Such an appointment may be made by the candidate by giving notice in Form 11 by

forwarding the same in duplicate to the Returning Officer, who shall return one copy thereof after affixing

thereon his seal and signature in token of his approval of the appointment.

43. Functions of election agent.— An election agent may perform such functions in connection with

the election as are authorised by or under these rules to be performed by an election agent.

44. Appointment of polling agents.— (1) Each contesting candidate or his election agent may

appoint one polling agent and one or two relief polling agents as may be specified by the Election

Commission from time to time to act as the polling agent of such candidate at each polling station.

(2) Every such appointment shall be made in Form 12 and shall be handed over to the polling agent

for production at the polling station.

(3) At every election where a poll is taken, each contesting candidate at such election, his election

agent or his polling agent shall have a right to be present at the polling station.

(4) Where any act or thing is required or authorised by this rule to be done in the presence of the

polling agent, the non-attendance of any such agent at the time and place appointed for the purpose shall

not invalidate the act or thing done, if the act or thing is otherwise done lawfully.

45. Arrangements at polling station.— (1) At each polling station there shall be set up one or more

voting compartments as the Election Commission may direct, from time to time in which electors can record

their votes screened from the observation of all others.

(2) The Returning Officer shall provide at each polling station sufficient number of ballot boxes,

copies of the relevant part of the electoral roll, ballot papers, instruments for stamping the distinguishing

mark on ballot papers and instruments necessary for electors to mark the ballot papers.

(3) Every ballot box shall be so constructed that ballot papers can be inserted therein but cannot be

withdrawn therefrom without the box being unlocked or opened.

(4) At the entrance to each polling station there shall be displayed prominently a notice showing the

number and names of the contesting candidates as published in Form 10, the distinctive symbol assigned to

each candidate in respect of the election for which poll is taken in that polling station and a notice showing

the polling area and the groups of electors who are entitled to vote at that polling station.

46. Preparation of ballot boxes for poll.— (1) Where a paper seal is used in an election for securing

a ballot box, the Presiding Officer shall affix his own signature on the reverse side of the paper seal and

obtain thereon the signatures of such of the polling agents present as are desirous of affixing the same.

(2) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in

the ballot box and shall secure the seal in such a manner that the slit for the insertion of the ballot papers

thereinto remains open. An account of the paper seals used shall also be maintained by the Presiding Officer

as directed by the Election Commission. The Presiding Officer may also permit the polling agents to note

down the serial numbers of the paper seals used.

(3) The paper seal used for securing a ballot box shall be affixed in such manner that after the box

has been closed it is not possible to open it without breaking the seal.

(4) Where it is not necessary to use paper seals for securing the ballot boxes, the Presiding Officer

shall secure and seal the ballot box in such manner that the slit for insertion of ballot papers remains open

and allow the polling agents present to affix their seals, if they so desire.

(5) Every ballot box used at a polling station shall bear labels and address tags both inside and

outside marked with,—

(a) the name of the town panchayat or municipal council or municipal corporation and number of the

ward;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) the serial number and name of the polling station;

tag outside the ballot box only); and

(d) the date of poll.

(6) The Presiding Officer shall, immediately before the commencement of the poll, show ballot box

empty to such contesting candidates, election agents, polling agents and other authorised persons as are

present and then lock it up and place his seal upon it. The ballot box shall then be closed, sealed and

secured and placed in full view of the Presiding Officer and the polling agents. The Presiding Officer shall

also sign the declaration in Part I in Form 13 and also obtain the signatures of such of the polling agents who

are present and are willing to affix their signatures. He shall repeat this process as and when another ballot

box is prepared for use. At the end of the poll, a further declaration in Part II of Form 13 shall be recorded in

the same manner.

(7) Before the polling station is opened for the recording of votes, the Presiding Officer shall read the

relevant provision of the Act relating to the maintenance of secrecy of elections to such persons as may be

present and shall also explain the substance thereof in Tamil.

47. Marked copy of electoral roll.— (1) There shall be as many marked copies of electoral rolls as

may be specified by the Election Commission for a polling station.

(2) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the

polling agents and others present that the marked copy of the electoral roll or rolls to be used during the poll

does not contain any entry other than those made in pursuance of these rules and other authorised

corrections made by the Electoral Registration Officer.

48. Facilities for women electors.— (1) Where a polling station is for both men and women electors,

the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate

batches.

(2) The Returning Officer or the Presiding Officer may engage the services of a woman to serve as

an attendant at any polling station to assist women electors and also to assist the Presiding Officer, in taking

the poll in respect of women electors generally, and in particular to help in searching any woman elector in

case it becomes necessary.

49. Challenging of identity.— (1) Any polling agent may challenge the identity of a person claiming to

be a particular elector by first depositing a sum of one hundred rupees in cash with the Presiding Officer for

each such challenge.

(2) On such deposit being made, the Presiding Officer shall,-

(a) warn the person challenged of the penalty for personation;

(b) read the relevant entry in the electoral roll in full and ask him whether he is the person

referred to in that entry;

(d) require him to sign in the said list.

(3) The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that

purpose,–

(a) require the challenger to adduce evidence in proof of the challenge and the person

challenged to adduce evidence in proof of his identity;

(b) put to the person challenged any question necessary for the purpose of establishing his

identity and require him to answer them on oath; and

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) If, after the inquiry, the Presiding Officer considers that the challenge has not been established,

he shall allow the person challenged to vote and if he considers that the challenge has been established, he

shall debar the person challenged from voting, besides taking appropriate action against him.

(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in

good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to town panchayat or

municipal council or municipal corporation, as the case may be, and in any other case, he shall return it to

the challenger at the conclusion of the inquiry.

50. Identification of electors.— (1) The Presiding Officer may seek the assistance of such local

persons as he thinks fit to help in the identification of the electors or to assist him otherwise in taking the poll.

(2) As each elector enters the polling station, the Presiding Officer or the Polling Officer authorised

by him in this behalf, shall check the elector’s name and other particulars with the relevant entry in the

electoral roll and then call out the serial number, name and other particulars of the elector.

(3) In deciding the right of a person to obtain a ballot paper, the Presiding Officer or the Polling

Officer, as the case may be, shall overlook mere clerical or printing error in any entry in the electoral roll, if he

is satisfied that he is the elector to whom that entry relates.

51. Safeguards against personation.— (1) Every elector, shall before receiving the ballot paper

allow,—

(a) the inspection of his left forefinger by the Presiding Officer or Polling Officer; and

(b) an indelible ink mark to be put on the back of left forefinger immediately above the root of the

nail on skin or in such manner as the Election Commission may direct in special circumstances.

(2) If any such elector,—

(a) refuses to allow such inspection of his left forefinger by the Presiding Officer or Polling Officer

as the case may be; or

(b) refuses to allow an indelible ink mark to be put on left forefinger; or

not be entitled to be supplied with any ballot paper or to record his vote at the election.

(3) No person who has already such mark on the left forefinger shall be supplied with a ballot paper.

(4) Any reference in these rules to the left forefinger of an elector shall, in the case where the elector

has his left forefinger missing, be construed as a reference to any other finger or fingers on his left hand, and

shall in case where all the fingers of his left hand are missing, be construed as a reference to the forefinger

or any other finger or fingers of his right hand, and shall in the case where all his fingers of both the hands

are missing be construed as a reference to such extremity of his left or right arm as he possesses.

(5) With a view to prevent impersonation of electors and facilitating their identification at the time of

poll, every elector shall produce documentary evidence establishing his identity as may be specified and in

the manner directed by the Election Commission in this behalf, from time to time.

52. Right to vote.— (1) No person whose name is not entered in the electoral roll of any ward shall

be entitled to vote.

(2) No person shall vote at an election if he is subject to any of the disqualifications referred to in

section 16 of the Representation of the People Act, 1950 (Central Act 43 of 1950) or the relevant sections of

the Act.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) No person shall vote in more than one ward in a town panchayat or a municipal council or a

municipal corporation notwithstanding the fact that his name may have been registered in the electoral roll of

more than one ward of the town panchayat or the municipal council or the municipal corporation and if a

person votes in more than one ward, his votes in all such wards shall be void.

(4) No person shall at any election, vote in the same ward more than once, notwithstanding the fact

that his name may have been registered in the electoral roll for that ward more than once and if he does vote

more than once, all his votes in the ward shall be void.

(5) No person shall vote at any election if he is confined in a prison whether under a sentence of

imprisonment or otherwise:

Provided that nothing in this sub-rule shall apply to a person subjected to preventive detention under

any law for the time being in force.

53. Ballot papers.— (1) Every ballot paper for election of Councillor shall be in Form 15 with a

counterfoil attached to it. The names of the contesting candidates with their respective distinctive symbols

shall be printed in Tamil on the ballot papers in the same order in which the names appear in Form 10. The

size and colour of the ballot paper and other matters relating thereto shall be, as directed by the Election

Commission from time to time.

(2) Both the ballot papers and the counterfoils, shall be serially numbered and shall be stamped on

their reverse by such distinguishing mark and in such manner as may be directed by the Election

Commission from time to time.

54. Manner of voting.— At every election where a poll is taken, votes shall be given by ballot and all

voters voting at an election shall do so in person at the polling station and no votes shall be received by

proxy.

55. Issue of ballot papers and voting procedure.— (1) Before any ballot paper is delivered to an

elector, the Presiding Officer shall affix his signature in full on the back of each ballot paper and affix the

distinguishing mark of the polling station. The electoral roll number and other particulars of the elector shall

be noted in the counterfoil, and the elector shall be required to sign it. The entry relating to the elector in the

marked copy of the electoral roll shall be underlined. No person in the polling station shall note down the

serial number of the ballot paper issued to a particular elector.

(2) Each elector shall be given only one ballot paper. The elector, on receiving the ballot paper, shall

forthwith proceed to one of the voting compartments which is vacant, and there, with the aid of the

instrument supplied for the purpose, make a mark on the ballot paper against the name or symbol of the

candidate for whom he intends to vote. The mark may be made anywhere in the compartment within which

the name and symbol, of such candidate is printed on the ballot paper. He shall then fold the ballot paper so

as to conceal his vote and after showing to the Polling Officer the distinguishing mark stamped on its back,

insert the folded ballot paper into the ballot box kept for the purpose.

(3) Every elector shall vote without undue delay and shall quit the polling station as soon as he has

voted. He shall not place anything except ballot paper in the ballot box. Anything other than ballot papers

found in the box at the time of counting of votes, shall be forfeited.

(4) No elector shall be allowed to enter a voting compartment when another elector is inside.

56. Voting procedure for electors on election duty.— (1) When an elector entitled to vote at an

election is duly appointed for election duty at a polling station at which he is not ordinarily entitled to record

his vote, or is drafted for other election duty and is unable to vote, he may send a request in Form16 to the

Returning Officer so as to reach him at least seven days, or such shorter period as the Returning Officer may

allow, before the date of the poll. If the Returning Officer is satisfied that the applicant is so entitled to vote,

he shall forward to the applicant, an election duty certificate in Form 17 along with a ballot paper from out of

those meant for the polling station where the applicant is ordinarily entitled to record his vote. The Returning

Officer shall stamp on the back of the ballot paper and the counterfoil the letters "EDC". He shall before

forwarding such ballot paper, underline the entry and write the letters EDC against that entry relating to that

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

elector in the marked copy of the electoral roll relating to the polling station at which the elector is entitled to

record his vote denoting that the elector has been issued with a ballot paper.

(2) On receiving the ballot paper, the elector on election duty shall record his vote by making a tick

mark on the ballot paper against the name or symbol of the candidate to whom he intends to vote. The mark

may be made anywhere in the compartment within which the symbol and name of such candidate is printed

on the ballot paper. The elector shall sign a declaration in Form 18. He shall then enclose the ballot paper in

an envelope provided for the purpose and stick the envelope and secure it by seal or otherwise. He shall

then enclose the envelope containing the marked ballot paper in an outer cover provided for this purpose, as

well as the election duty certificate and the declaration aforesaid and send it to the Returning Officer by post

or by messenger so as to reach him or the person authorised by him before 8.00 a.m. on the day of counting

of votes.

57. Recording of votes of blind and infirm electors.— (1) If the Presiding Officer is satisfied that

owing to old age or blindness or other physical infirmity, an elector is unable to recognise the symbol on the

ballot paper or to read the name of the candidate or to make mark thereon without assistance, the Presiding

Officer shall permit the elector to take with him a companion of not less than eighteen years of age to the

voting compartment for recording his vote on the ballot paper on his behalf and in accordance with his

wishes, and if necessary, for folding the ballot paper so as to conceal the vote and inserting it into the ballot

box:

Provided that no person shall be permitted to act as the companion of more than one elector at any

polling station on the same day:

Provided further that before any person is permitted to act as the companion of an elector on any day

under these rules, the companion shall be required to declare that he shall keep the secrecy of the vote

recorded by him on behalf of the elector, and that he has not already acted as the companion of any elector

at any polling station on that day.

(2) The Presiding Officer shall keep a record in Form 19 of all such cases under this rule.

58. Spoilt and returned ballot papers.— (1) If an elector after obtaining a ballot paper decides not to

use it, he shall return it to the Presiding Officer and the ballot paper so returned shall be marked “Returned-

cancelled”, and signed by the Presiding Officer.

(2) If an elector has inadvertently dealt with his ballot paper in such manner that it cannot be

conveniently used as ballot paper shall return it to the Presiding Officer, who if satisfied of the inadvertence,

may issue another ballot paper and the ballot paper so returned shall be marked “Spoilt-cancelled” and

signed by the Presiding Officer.

(3) If an elector to whom a ballot paper has been issued, refuses, after warning given by the

Presiding Officer, to observe the procedure as laid down in rule 55, the ballot paper issued to him shall

whether he has recorded his vote thereon or not, be taken back from him by the Presiding Officer or a

Polling Officer under the direction of the Presiding Officer. After the ballot paper has been taken back, the

words “Cancelled: voting procedure violated” shall be marked on its rear side and signed by the Presiding

Officer.

(4) All ballot papers returned or taken back under sub-rules (1), (2) and (3) shall be kept in separate

covers and put into the relevant packet referred to in sub-rule (4) of rule 62.

59. Tendered Votes.— (1) If a person representing himself to be a particular elector applies for a

ballot paper after another person has already voted as such elector, he shall, on satisfactorily answering

such questions relating to his identity as the Presiding Officer may ask, be entitled, subject to the following

provisions of this rule, to mark a ballot paper (hereinafter referred to in these rules as a “tendered ballot

paper”) in the same manner as any other elector.

(2) Every person referred to in sub-rule (1) shall before being supplied with a tendered ballot paper,

affix his signature against the entry relating to him in a list in Form 20 and in the counterfoil of the ballot

paper.

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(3) A tendered ballot paper shall be the same as the other ballot papers used at the polling station

except that,–

(a) such tendered ballot paper, shall be serially the last in the bundle of ballot papers issued for

use at the polling station; and

(b) such tendered ballot paper and its counterfoil shall be endorsed on the back with the words

“tendered ballot paper” by the Presiding Officer in his own hand and signed by him.

(4) The elector, after marking a tendered ballot paper in the voting compartment and folding it, shall,

instead of putting it into the ballot box, give it to the Presiding Officer, who shall place it in a separate cover

superscribed as "Tendered votes".

Explanation.— If the identity of the person who applies for the issue of a tendered vote is

challenged, the provisions of rule 49 shall apply.

60. Adjournment of poll in emergencies.— (1) If at a poll, the proceedings at any polling station are

interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at

any polling station on account of any natural calamity or any other sufficient cause, the Presiding Officer for

such polling station shall stop the poll, inform through the Returning Officer to the Election Commission,

State Election Officer and the District Election Officer. The fact, that the poll has been so stopped shall be

immediately announced by the Presiding Officer to the persons present at the polling station.

(2) Where a Presiding Officer stops the poll under sub-rule (1), he shall observe the procedure laid

down in rule 62 and make a full report of the circumstances to the Returning Officer who shall report the

matter to the Election Commission, the State Election Officer and the District Election Officer. The ballot

boxes and packets referred to in rule 62 shall also be sent to the Returning Officer, as soon as practicable.

(3) The District Election Officer shall thereupon order,—

(a) that the poll be adjourned and held at such polling station for the number of hours for which it

was not held on the previous occasion; or

(b) that the poll be adjourned and held at such polling station for the full number of hours. An

order passed by the District Election Officer under this sub-rule shall be final;

votes cast at such election until such adjourned poll shall have been completed.

(4) An order passed under clause (a) or (b) of sub-rule (3) shall state,—

(a) the date on which and the hours between which such adjourned poll, shall be held; and

(b) the date on which and the place and hour at which the Returning Officer shall commence the

counting of the votes.

(5) On receipt of an order passed under sub-rule (3), the Returning Officer shall inform the

contesting candidates or their election agents, of the date, time and place fixed for such adjourned poll and

affix a notice on the notice board of the town panchayat or municipal council or municipal corporation, as the

case may be, and in one or two conspicuous places in the ward specifying the date and time so fixed.

(6) Where an order is passed under these rules for the adjournment of the poll for the number of

hours for which it was not held on previous occasion, the Returning Officer shall proceed further as

stipulated under sub-rule (1) of rule 41 and return to the Presiding Officer, all the packets received by him

under sub-rule (2). The Presiding Officer shall open the packets just before the commencement of such

adjourned poll in the presence of such persons who may be present at the polling station and commence

such adjourned poll precisely at the hour fixed therefor. At such adjourned poll, the Presiding Officer shall

allow only such electors to vote who have not cast their vote on the previous occasion.

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(7) Where an order is passed under clause (b) of sub-rule (3) for adjournment of poll for the full

number of hours, the Returning Officer shall proceed afresh, under sub-rule (1) of rule 41 and such

adjourned poll shall be held at the polling station concerned in accordance with the provisions of these rules

in all respects, as if it were being held at such polling station for the first time:

Provided that fresh nomination need not be made.

(8) Notwithstanding anything contained in this rule, if a contesting candidate sponsored by a

recognised political party in the election of a Councillor dies at any time before orders are passed by the

District Election Officer under sub-rule (3) or at any time after the passing of such order but before the

commencement of the such adjourned poll, the Returning Officer shall, upon being satisfied of the fact of the

death of the contesting candidate, stop all further proceedings in connection with the election and inform the

Election Commission, State Election Officer and the District Election Officer. The Election Commission shall

thereupon start election proceedings afresh in all respects as if it were a new election:

Provided that for the election proceedings so started no fresh nomination shall be necessary in the

case of the remaining contesting candidates.

61. Fresh poll in the case of destruction etc. of ballot boxes.— (1) If at any election,— (a) any

ballot box used at a polling station or at a place appointed for counting of votes is unlawfully taken out of the

custody of the Presiding Officer or the Returning Officer, or is accidentally or intentionally destroyed, or lost,

or is damaged or tampered with to such an extent that the result of the poll at that polling station cannot be

ascertained; or

(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling

station, the Returning Officer shall forthwith report the matter to the Election Commission, State Election

Officer and the District Election Officer.

(2) Thereupon, the Election Commission or the State Election Officer shall, after taking all material

circumstances into account, either—

(a) declare the poll at the polling station to be void, appoint a day and fix the hours for taking a

fresh poll at that polling station and direct that the day so appointed and the hours so fixed be published in

the manner laid down in sub-rule (5) of rule 60, besides intimating the contesting candidates or their election

agents; or

(b) if satisfied that the result of a fresh poll at the polling station will not in any way affect the

result of the election or that the error or irregularity in procedure is not material, issue such directions to the

Returning Officer as he may deem proper for the further conduct and completion of the election.

(3) The provisions of these rules or orders made thereunder shall apply to every such fresh poll as

they apply to the original poll.

62. Closing of poll.— (1) The Presiding Officer shall close the polling station at the hour fixed in that

behalf under these rules and shall not thereafter admit any elector into the polling station:

Provided that unless the poll is stopped under sub-rule (1) of rule 60 all electors present at the

polling station before it is closed shall be allowed to cast their votes.

(2) if any question arises whether an elector was present at the polling station before it was closed, it

shall be decided by the Presiding Officer whose decision shall be final.

(3) The Presiding Officer of each polling station, as soon as practicable after the close of the poll,

shall close the slit of the ballot box or boxes and where the box does not contain any mechanical device for

closing the slit, he shall seal up the slit and also allow any candidate or polling agent present to affix his seal.

The ballot box shall thereafter be sealed and secured. Where it becomes necessary to use a second ballot

box by reason of the first ballot box getting full, the first ballot box shall be closed and sealed before another

ballot box is put into use.

(4) The Presiding Officer shall then make up the following into separate packets and seal them with

the seal supplied and allow the candidates or agents to affix their own seals if they so desire:-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(i) the marked copy of the electoral roll;

(ii) unused ballot papers and all cancelled ballot papers under rule 58;

(iii) the tendered ballot papers and the tendered voters list;

(iv) the unused and damaged paper seals;

(v) receipt for challenge fee, statement of deposit on challenged votes and the list of

challenged votes; and

(vi) any other papers that may be specified by the Election Commission.

(5) The Presiding Officer shall also prepare separate covers as indicated below:-

(a) Covers containing,—

(i) ballot paper account in Form 21;

(ii) paper seal account; and

(iii) presiding officer’s diary;

(b) Covers containing record of blind or infirm voters and declaration by companions of blind or

infirm voters;

(i) reference copy of electoral roll;

(ii) declaration by presiding officer;

(iii) appointment letters of polling agents;

(iv) unused stationery;

(v) pusher; and

(vi) other polling materials like drawing pins, badges with safety pin, gem-clips, etc.

(6) The Presiding Officer shall also prepare any other cover that may be specified by the Election

Commission.

(7) The Presiding Officer shall furnish to every polling agent present at the close of the poll, a true

copy of the entries made in the ballot paper account after obtaining a receipt from the said polling agent

therefor and shall also attest it as a true copy.

63. Transmission of ballot boxes, etc. to the Returning Officer.— The Presiding Officer shall

then deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer may

direct,—

(a) the ballot boxes including unused ballot boxes;

(b) the cover containing the ballot paper account, paper seal account and Presiding Officer’s

Diary;

(d) all other papers and marking or stamping articles used at the poll; and

(e) cash, if any forfeited under sub-rule (5) of rule 49.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART VI.

COUNTING OF VOTES.

64. Admission to the place fixed for counting.— (1) The counting of votes shall take place on the

day at the place and hour appointed in that behalf. The votes shall be counted by or under the supervision

and direction of the Returning Officer. Each contesting candidate, his election agent and such number of his

counting agents as may be specified by the Election Commission, shall have a right to be present at the time

of counting. The counting agents shall be appointed in writing by the candidate or his election agent in

Form 25. No other person shall be allowed to be present, except,—

(a) such persons hereinafter referred to as the “Counting Supervisor” or “Counting Assistant”

whom the Returning Officer may appoint to assist him in the counting of votes;

(b) public servants on duty in connection with the election; and

(2) No person who has been employed by or on behalf of any candidate for any purpose whatsoever

connected with the election shall be appointed to assist in the counting of votes.

65. Maintenance of secrecy of elections.— The Returning Officer shall, before he commences to

count the votes, read the provisions of the Act relating to the maintenance of secrecy of elections to such

persons as may be present.

66. Counting of postal ballot papers and scrutiny and opening of ballot boxes.— (1) The

Returning Officer shall first deal with the postal ballot papers received by him within the time prescribed

therefor, as specified below:-

(a) No outer cover referred to in sub-rule (2) of rule 56 received by the Returning Officer after the

expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be

counted.

(b) The outer covers shall be opened one after another and the election duty certificates and

declaration in Form 18 contained therein shall be collected together, counted and sealed in a separate

packet.

and the votes counted. If the declaration in Form 18 is not found or has not been duly signed or is otherwise

substantially defective, in any envelope, after making an appropriate endorsement thereon, the Returning

Officer shall reject the ballot paper contained therein.

(2) The ballot boxes relating to each of the polling stations shall then be taken up for counting. The

Returning Officer may in his discretion have the ballot boxes used at more than one polling station opened

and their contents counted simultaneously.

(3) Before any ballot box is opened at a counting table, the counting agents present at that table

shall be allowed to inspect the paper seal and other seals on the ballot box and satisfy themselves that they

are intact.

(4) The Returning Officer shall satisfy himself that none of the ballot boxes has been tampered with.

(5) If the Returning Officer is satisfied that any ballot box has been tampered with, he shall not count

the ballot papers contained in that box and shall follow the procedure laid down in rule 61 in respect of that

polling station.

(6) If a fresh poll is held under rule 61, the Returning Officer shall, after completion of that poll

recommence the counting of votes on the date, at the time and place which have been fixed by the Election

Commission or the State Election Officer in that behalf and of which notice has been previously given to the

contesting candidates and their election agents. The provisions of this Part shall apply, so far as may be, to

such further counting.

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(7) The Returning Officer shall verify the ballot paper account prepared and delivered in

Form 21 by the Presiding Officer under rule 63.

(8) The Returning Officer shall allow the candidates and their agents reasonable opportunity to

inspect, without handling the ballot papers which in his opinion are liable to be rejected under

rule 68. He shall endorse on every ballot paper which he rejects, the letter ‘R’ and the ground of rejection in

abbreviated form either in his own hand writing or by means of a rubber stamp and shall initial such

endorsement.

67. Destruction or loss of ballot papers at the time of counting.— (1) If at any time before the

counting of votes is completed, ballot papers used at a polling station are unlawfully taken out of the custody

of the Returning Officer or accidentally or intentionally destroyed or lost or damaged or tampered with, to

such an extent that the result of the poll of that polling station cannot be ascertained, the Returning Officer

shall forthwith report the matter to the Election Commission, the State Election Officer and the District

Election Officer.

(2) Thereupon, the Election Commission or the State Election Officer shall after taking all material

circumstances into account either,—

(a) direct that the counting of votes shall be stopped, declare the poll at the polling station to be

void, appoint the date and fix the hour for taking a fresh poll at the polling station and notify the date so

appointed and hour so fixed in such a manner as he may deem fit; or

(b) if satisfied that the outcome of a fresh poll at that polling station will not in any way affect the

result of the election, the Election Commission or the State Election Officer shall issue such direction to the

Returning Officer as he may deem proper for resumption and completion of the counting and for the further

conduct and completion of the election in relation to which the votes have been counted.

(3) Provisions of these rules shall apply to every such fresh poll as they apply to the original poll.

68. Rejection of ballot papers.— (1) A ballot paper shall be rejected,—

(a) if it bears any mark or writing by which the elector can be identified; or

(b) if no vote is recorded thereon, or it bears a mark made otherwise than with the instrument

supplied for the purpose; or

(d) if the mark indicating the vote thereon is placed in such a manner as to make it doubtful to

which candidate the vote has been given; or

(e) if it is a spurious ballot paper; or

(f) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be

established; or

(g) if it bears a serial number, or is of a design, different from the serial numbers or design, as

the case may be, of the ballot paper authorised for use at the particular polling station; or

(h) if it does not bear the distinguishing mark or the signature of the Presiding Officer which it

should have borne under the provisions of sub-rule (1) of rule 55 or the letters “EDC” under the sub-rule (1)

of rule 56; or

(i) if it is not the relevant ballot paper:

Provided that where the Returning Officer is satisfied that any such defect as is mentioned in

clause (g) or clause (h) has been caused by any mistake or failure on the part of a Presiding Officer, the

ballot paper shall not be rejected merely on the ground of such defect:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided further that a ballot paper shall not be rejected merely on the ground that the mark

indicating the vote is not distinct or made more than once, if the intention that the vote shall be for a

particular candidate clearly appears from the way the paper is marked.

(2) All ballot papers rejected under this rule shall be made into a separate bundle.

(3) The decision of the Returning Officer under this rule shall be final, subject only to the decision of

the competent court on an election petition.

69. Counting of Valid votes.— (1) The vote recorded in every ballot paper which is not rejected

under rule 68 shall be counted:

Provided that no cover containing the tendered ballot papers shall be opened and no vote recorded

in such paper shall be counted.

(2) After the counting of the votes recorded in all ballot papers contained in all ballot boxes has been

completed, the Returning Officer shall have the result of such counting entered in Part II of Form 21 and it

shall be signed by the counting supervisor and the Returning Officer. The Returning Officer shall, then, make

the entries relating thereto in a result sheet in Form 26.

(3) The valid ballot papers found in all the ballot boxes as well as the valid votes in the postal ballot

boxes referred to in clause (c) of sub-rule (1) of rule 66 shall thereafter be bundled together and kept along

with the bundle of rejected ballot papers in a separate packet which shall be sealed and on which shall be

recorded the following particulars, namely:—

(a) the name of the town panchayat or municipal council or municipal corporation and the

number of the ward;

(b) the particulars of the polling station where the ballot papers have been used; and

70. Counting to be continuous.— The Returning Officer shall as far as practicable proceed

continuously with the counting and shall during any interval when the counting has to be suspended, keep

the ballot papers, packets and all other papers relating to elections sealed with his own seal and the seals of

such candidates or election agents as may desire to affix their seals and take sufficient precaution for their

safe custody during such interval.

71. Recount of votes.— (1) After the completion of the counting and recording in Form 26 the total

number of votes polled by each candidate under sub-rule (2) of rule 69, the Returning Officer shall announce

the same. After such announcement and before the declaration of the result of the election, a contesting

candidate or in his absence his election agent, may apply in writing to the Returning Officer for a recount of

all or any of the votes already counted stating the grounds on which he demands such recount.

(2) On such application being made, the Returning Officer shall decide the matter and may allow the

application in whole or in part, or may reject it in toto if it appears to him to be frivolous or unreasonable.

(3) Every decision of the Returning Officer under sub-rule (2) shall be in writing and contain the

reason therefor.

(4) If the Returning Officer decides under sub-rule (2) to allow an application either in whole or in

part, he shall,—

(a) count the votes again in accordance with his decision;

(b) amend the result sheet in Form 26 after such recount, if need be, to the extent necessary; and

(5) After the total number of votes polled by each candidate has been announced under sub-rule (1)

or under sub-rule (4), the Returning Officer shall complete and sign the result sheet in Form 26 and no

application for a recount shall be entertained thereafter:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided that no step under this sub-rule shall be taken on completion of the counting until the

candidates or the election agents present at the completion thereof have been given a reasonable

opportunity to exercise the right conferred under sub-rule (1).

72. Declaration of result of election.— (1) After the Returning Officer has completed the scrutiny

and counting of votes, he shall declare the contesting candidate to whom the largest number of valid votes

have been given as elected and complete and certify the ‘Return of Election’ in Form 27 and send the signed

copy thereof to the Election Commission, the State Election Officer and the District Election Officer.

(2) The Returning Officer shall also forthwith cause to be affixed a copy of the declaration referred to

in sub-rule (1) in the office of the town panchayat or municipal council or municipal corporation, as the case

may be.

(3) If there is an equality of votes between two or more contesting candidates, and the addition of

one vote will entitle any of these candidates to be declared elected, the Returning Officer shall decide

between these candidates by lot and the candidate on whom the lot falls shall be deemed to have received

an additional vote. The Returning Officer shall then declare the result accordingly.

(4) Any contesting candidate or his election agent or his counting agent on application be permitted

to take a copy or an extract from the Result Sheet in Form 26.

73. Disposal of ballot papers.— (1) The Returning Officer, shall after declaring the results, retain in

his custody or cause to be deposited in the custody of the officer as may be specified by the Election

Commission, the packets of ballot papers, whether counted, rejected, cancelled or unused, the sealed

packets containing the declarations made under sub-rule (2) of rule 56 and the marked copy of the electoral

roll. These packets shall not be opened and their contents shall not be inspected or produced except under

the orders of a competent court.

(2) The Returning Officer or the officer specified by the Election Commission under sub-rule (1), shall

retain the packets and the marked copies of the electoral roll for six months and shall, thereafter, unless

otherwise directed by the Court, cause them to be destroyed.

74. Publication of the names of successful candidates.— The names of the candidates duly

elected shall be forwarded immediately after the declaration of results in Form 28 by the Returning Officer to

the Election Commission, the State Election Officer or the District Election Officer, as the case may be. The

State Election Officer in the case of town panchayat or municipal council or municipal corporation except

Chennai City Municipal Corporation and the District Election Officer in the case of Chennai City Municipal

Corporation shall arrange to publish the same in the Tamil Nadu Government Gazette in a consolidated form

with the approval of the Election Commission and shall also arrange to publish it on the notice board of the

office of the town panchayat or municipal council or municipal corporation, as the case may be.

PART VII.

VOTING BY ELECTRONIC VOTING MACHINES AND COUNTING OF VOTES.

75. Design of electronic voting machines.— Every electronic voting machine (hereinafter referred to

as the voting machine) shall have a control unit and a balloting unit and shall be of such design as may be

approved by the Election Commission.

76. Preparation of voting machine by the Returning Officer.— (1) The balloting unit of the voting

machine shall contain such particulars and, in such language, or languages as the Election Commission may

specify.

(2) The names of the candidates shall be arranged on the balloting unit in the same order in which

they appear in the list of the contesting candidates in Form 10.

(3) If two or more candidates bear the same name, they shall be distinguished by the addition of their

occupation or residence or in some other manner.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) Subject to the foregoing provisions, the Returning Officer shall,—

(a) fix the label containing the names and symbols of the contesting candidates in the balloting

unit and secure that unit with his seal and the seals of such of the contesting candidates or their election

agents present as are desirous of affixing the same; and

(b) set the number of contesting candidates and close the candidates set section in the control

unit and secure it with his seal and the seals of such of the contesting candidates or their election agents

present as are desirous of affixing the same.

77. Arrangements at polling station.— (1) At each polling station, there shall be set up one or more

voting compartments, as the Election Commission may direct from time to time in which electors can record

their votes screened from the observation of all others.

(2) The Returning Officer shall provide at each polling station, one or more voting machines, as may

be specified by the Election Commission, and copies of relevant part of the electoral roll and such other

election material, as may be necessary for taking the poll.

(3) Without prejudice to the provisions of sub-rule (2), the Returning Officer may, with the previous

approval of the Election Commission, provide one common voting machine for two or more polling stations

located in the same premises.

(4) At the entrance to each polling station, there shall be displayed prominently,—

(a) a notice showing the number and names of the contesting candidates as published in

Form 10 and the distinctive symbol assigned to each candidate in the election for which poll is taken in that

polling station; and

(b) a notice showing the polling area and the groups of electors who are entitled to vote at that

polling station.

78. Admission to polling station.— The Presiding Officer shall ensure that votes are recorded at the

polling station with absolute secrecy and he shall regulate the number of electors to be admitted at one time

and shall exclude all other persons except,—

(a) the contesting candidates, their election agents and one polling agent at a time for each

contesting candidate;

(b) a child in arms accompanying an elector;

(d) such other persons as the Returning Officer or the Presiding Officer may admit for the purpose of

helping in the identification of the electors or in searching women electors or assisting him otherwise in

taking the poll;

(e) public servants on duty in connection with elections; and

(f) such other persons as may be authorised by the Election Commission and the State Election

Officer as well as the District Election Officer.

79. Preparation of voting machine for poll.— (1) The control unit and balloting unit of every voting

machine used at a polling station shall bear a label marked with,—

(a) the name of the town panchayat or municipal council or municipal corporation and number

of the ward;

(b) the serial number and name of the polling station;

(d) the date of poll.

(2) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to

such contesting candidates, election agents, polling agents and other authorised persons as are present that

no elector has already recorded in the voting machine and it bears the label referred to in sub-rule (1).

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) A paper seal shall be used for securing the control unit of the voting machine and the Presiding

Officer shall affix his own signature on the paper seal and obtain thereon the signature of such of the polling

agents present as are desirous of affixing the same.

(4) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in

the control unit of the voting machine and shall secure and seal the same.

(5) The seal used for securing the control unit shall be fixed in such manner that after the unit has

been sealed, it is not possible to press the “result button” without breaking the seal.

(6) The control unit shall be closed and secured and placed in full view of the Presiding Officer and

the Polling agents and the balloting unit placed in the voting compartment.

(7) Before the polling station is opened for recording of votes, the Presiding Officer shall read the

relevant provisions of the Act relating to the maintenance of secrecy of elections to such persons as may be

present and shall also explain the substance thereof in Tamil.

80. Marked copy of electoral roll.— Immediately before the commencement of the poll, the Presiding

Officer shall demonstrate to the polling agent and others present that the marked copy of the electoral roll or

rolls to be used during the poll does not contain any entry other than those made in pursuance of these rules

and other authorised corrections made by the Electoral Registration Officer.

81. Facilities for Women electors.— (1) Where a polling station is for both men and women electors,

the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate

batches.

(2) The Returning Officer or the Presiding Officer may engage the services of a woman to serve as

an attendant at any polling station to assist women electors and also to assist the Presiding Officer, in taking

the poll in respect of women electors generally, and in particular to help in searching any woman elector in

case it becomes necessary.

82. Identification of electors.— (1) The Presiding Officer may seek the assistance of such local

persons, as he thinks fit to help in the identification of the electors or to assist him otherwise in taking the

poll.

(2) As each elector enters the polling station, the Presiding Officer or the Polling Officer authorised

by him in this behalf, shall check the elector’s name and other particulars with the relevant entry in the

electoral roll and then call out the serial number, name and other particulars of the elector.

(3) At the time of poll, every elector shall produce documentary evidence establishing his identify as

may be specified and, in the manner, directed by the Election Commission in this behalf, from time to time.

(4) In deciding the right of a person to cast his vote, the Presiding Officer or the Polling Officer, as

the case may be, shall overlook mere clerical or printing error in an entry in the electoral roll if he is satisfied

that he is the elector to whom such entry relates.

83. Challenging of identity.— (1) Any polling agent may challenge the identity of a person claiming to

be a particular elector by first depositing a sum of one hundred rupees in cash with the Presiding Officer for

each such challenge.

(2) On such deposit being made, the Presiding Officer shall,-

(a) warn the person challenged of the penalty for personation;

(b) read the relevant entry in the electoral roll in full and ask him whether he is the person

referred to in that entry;

(d) require him to sign in the said list.

(3) The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that

purpose,-

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(a) require the challenger to adduce evidence in proof of the challenge and the person

challenged to adduce evidence in proof of his identity;

(b) put to the person challenged any question necessary for the purpose of establishing his

identity and require him to answer them on oath; and

(4) If, after the inquiry, the Presiding Officer considers that the challenge has not been established,

he shall allow the person challenged to vote and if he considers that the challenge has been established, he

shall debar the person challenged from voting, besides taking appropriate action against him.

(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in

good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to town panchayat or

municipal council or municipal corporation, as the case may be, and in any other case, he shall return it to

the challenger at the conclusion of the inquiry.

84. Safeguards against personation.— (1) Every elector about whose identity the Presiding Officer

or the Polling Officer, as the case may be, is satisfied, shall allow,-

(a) the inspection of his left forefinger by the Presiding Officer or Polling Officer; and

(b) an indelible ink mark to be put on the back of left forefinger immediately above the root of the

nail on skin or in such manner as the Election Commission may direct in special circumstances.

(2) If any such elector persists in doing any act with a view to remove any such mark after it has

been put, he shall not be entitled to record his vote at the election.

(3) No person who has already such mark on the left forefinger shall be allowed to record his vote.

(4) Any reference in these rules to the left forefinger of an elector shall, in the case where the elector

has his left forefinger missing, be construed as a reference to any other finger or fingers on his left hand, and

shall in case where all the fingers of his left hand are missing, be construed as a reference to the forefinger

or any other finger or fingers of his right hand, and shall in the case where all his fingers of both the hands

are missing be construed as a reference to such extremity of his left or right arm as he possesses.

85. Procedure for voting by voting machines.— Before permitting an elector to vote, the Polling

Officer shall,-

(a) record the electoral roll number of the elector as entered in the marked copy of the electoral roll

in a register of electors in Form 22;

(b) obtain the signature or the thumb impression of the elector on the register of electors; and

permitted to vote:

Provided that no elector shall be permitted to vote unless he has his signature or thumb impression

on the register of electors.

86. Maintenance of Secrecy of voting by electors within the polling station and voting

procedure.— (1) Every elector who has been permitted to vote under rule 85 shall maintain secrecy of

voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.

(2) Immediately on being permitted to vote, the elector shall proceed to the Presiding Officer or the

Polling Officer in charge of the control unit of the voting machine who shall, by pressing the appropriate

button on the control unit, activate the balloting unit, for recording of elector’s vote.

(3) The elector shall thereafter forthwith,–

(a) proceed to the voting compartment;

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(b) record his vote by pressing the button on the balloting unit against the name and symbol of

the candidate for whom he intends to vote; and

(4) Every elector shall vote without undue delay.

(5) No elector shall be allowed to enter the voting compartment when another elector is inside it.

(6) If an elector who has been permitted to vote under rule 85 or 89 refuses after warning given by

the Presiding Officer to observe the procedure laid down in sub-rules (3) and (4), the Presiding Officer or a

Polling Officer under the direction of the Presiding Officer shall not allow such elector to vote.

(7) Where an elector is not allowed to vote under sub-rule(6), a remark to the effect that voting

procedure has been violated shall be made against the elector’s name in the register of electors in

Form 22 by the Presiding Officer under his signature.

87. Recording of votes of blind or infirm electors.—(1) If the Presiding Officer is satisfied that

owing to old age or blindness or other physical infirmities, an elector is unable to recognise the symbol on

the balloting unit of the voting machine or unable to record his vote by pressing the appropriate button

thereon without assistance, the Presiding Officer shall permit the elector to take with him a companion of not

less than eighteen years of age to the voting compartment for recording the vote on his behalf and in

accordance with his wishes:

Provided that no person shall be permitted to act as the companion of more than one elector at any

polling station on the same day:

Provided further that before any person is permitted to act as the companion of an elector on any

day under these rules, the companion shall be required to declare that he shall keep secrecy of the vote

recorded by him on behalf of the elector and that he has not already acted as the companion of any other

elector at any other polling station on that day.

(2) The Presiding Officer shall keep a record in Form 19 of all such cases under this rule.

88. Elector deciding not to vote.— If an elector, after his electoral roll number has been duly

entered in the register of elector in Form 22 and has put his signature or thumb impression thereon as

required under rule 85 decided not to record his vote, a remark to this effect shall be made against the said

entry in Form 22 by the Presiding Officer and the signature or thumb impression of the elector shall be

obtained against such remark.

89. Tendered votes.— (1) If a person representing himself to be a particular elector seeks to vote

after another person has already voted as such elector, he shall, on satisfactorily answering such questions

relating to his identity as the Presiding Officer may ask, be instead of being allowed to vote through the

balloting unit, supplied with a tendered ballot paper which shall be of such design, and the particulars of

which shall be in such language or languages as the Election Commission may specify.

(2) Every such elector shall before being supplied with tendered ballot paper write his name and put

his signature against the entry relating to him in Form 23 and put his signature on the counterfoil of the

ballot paper.

(3) On receiving the ballot paper he shall forthwith,-

(a) proceed to the voting compartment which is vacant;

(b) with the aid of the instrument supplied for the purpose, make a mark on the ballot paper

against the name or symbol of the candidate for whom he intends to vote;

(d) show to the Presiding Officer, if required, the distinguishing mark on the ballot paper;

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(e) give it to the Presiding Officer who shall place it in a cover specially kept for the purpose; and

(f) leave the polling station.

(4) If owing to old age or blindness or physical infirmities, such elector is unable to record his vote

without assistance, the Presiding Officer shall permit him to take with him a companion, subject to the same

conditions and after following the same procedure as laid down in rule 87 for recording the vote in

accordance with his wishes.

90. Presiding Officer’s entry in the voting compartment during poll.— (1) The Presiding Officer

may whenever he considers it necessary to do so, enter the voting compartment during poll and take such

steps as may be necessary to ensure that the balloting unit is not tampered or interfered with.

(2) If the Presiding Officer has reason to suspect that an elector who has entered the voting

compartment is tampering or otherwise interfering with the balloting unit or has remained inside the voting

compartment for unduly long period, he shall enter the voting compartment and take such steps as may be

necessary to ensure the smooth and orderly progress of the poll.

(3) Whenever the Presiding Officer enters the voting compartment under this rule, he shall permit the

polling agents present to accompany him if they so desire.

91. Closing of poll.— (1) The Presiding Officer shall close the poll at the hour fixed in that behalf

under these rules and shall not thereafter admit any elector into the polling station:

Provided that all electors present at the polling station before it is closed shall be allowed to cast

their votes.

(2) If any question arises whether an elector was present to the polling station before it was closed, it

shall be decided by the Presiding Officer and his decision shall be final.

92. Account of votes recorded.— (1) The Presiding Officer shall at the close of the poll prepare an

account of votes recorded in Form 24 and enclose it in a separate cover with the words “Account of Votes

Recorded” superscribed thereon.

(2) The Presiding Officer, shall furnish to every polling agent present at the close of the poll, a true

copy of the entries made in Form 24 after obtaining a receipt from the said polling agent therefor and shall

attest it as a true copy.

93. Sealing of voting machine after poll.— (1) As soon as practicable after the closing of the poll,

the Presiding Officer shall close the control unit to ensure that no further votes are recorded and shall detach

the balloting unit from the control unit.

(2) The control unit and the balloting unit shall thereafter be sealed and secured separately in such

manner as the Election Commission, may direct and the seal used for securing them shall be so affixed that

it will not be possible to open the units without breaking the seal.

(3) The polling agents present at the polling station, who desire to affix their seals, shall also be

permitted to do so.

94. Sealing of other packets.— (1) The Presiding Officer shall then make up the following into

separate packets:-

(a) the marked copy of the electoral roll;

(b) the register of electors in Form 22;

(d) the list of challenged votes; and

(e) any other paper directed by the Election Commission to be kept in a sealed packet.

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(2) Each packet shall be sealed with the seal of the Presiding Officer and with the seal, either of the

candidate or of his election agent or of his polling agent, who may be present at the polling station and may

desire to affix his seal thereon.

95. Transmission of voting machines, etc. to the Returning Officer.— (1) The Presiding Officer

shall then deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer

may direct,–

(a) the voting machine;

(b) the account of votes recorded in Form 24;

(d) all other papers used at the poll.

(2) The Returning Officer shall make adequate arrangements for the safe transport of the voting

machine, packets and other papers for their safe custody until the commencement of the counting of votes.

96. Procedure on adjournment of poll.— (1) If the poll at any polling station is adjourned under

sub-rule (1) of rule 60, the provisions of rules 92 to 95 shall, as far as practicable apply, as if the poll was

closed at the hour fixed in that behalf.

(2) When an adjournment of the poll for the number of hours for which it was not held on the

previous occasion is recommended under clause (a) of sub-rule (3) of rule 60, the electors who have already

voted at the poll so adjourned shall not be allowed to vote again;

(3) The Returning Officer shall provide the Presiding Officer of the polling station at which such

adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll, register of

electors in Form 22 and a new voting machine. The Presiding Officer shall open the sealed packet in the

presence of the polling agents present and use the marked copy of the electoral roll for marking the names

of the electors who are allowed to vote at such adjourned poll;

(4) The provisions of rules 75 to 95 shall apply in relation to the conduct of such adjourned poll.

(5) When an adjournment of the poll the full number of hours is recommended under clause (b) of

sub-rule (3) of rule 60, the Returning Officer shall proceed afresh, under sub-rule (1) of rule 41 and

such adjourned poll shall be held at the polling station concerned in accordance with the provisions of

rules 75 to 95 in all respects, as if it were being held at such polling station for the first time:

Provided that fresh nomination need not be made.

97. Fresh poll in the case of destruction etc. of voting machine.— (1) If at any election,–

(a) any voting machine used at a polling station or at a place appointed for counting of votes is

unlawfully taken out of the custody of the Presiding Officer or the Returning Officer, or is accidentally or

intentionally destroyed or lost or is damaged or tampered with, to such an extent that the result of the poll at

that polling station cannot be ascertained or any voting machine develops a mechanical failure during the

course of the recording of votes; or

(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a

polling station, the Returning Officer shall forthwith report the matter to the Election Commission, the State

Election Officer and the District Election Officer.

(2) Thereupon, the Election Commission or the State Election Officer shall, after taking all material

circumstances into account either,-

(a) declare the poll at the polling station to be void, appoint a day and fix the hours for taking a

fresh poll at that polling station and direct that the day so appointed and the hours so fixed be published in

the manner laid down in clause (b) of sub-rule (4) of rule 60, besides intimating the same to the contesting

candidates or their election agents; or

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(b) if satisfied that the result of a fresh poll at the polling station will not in any way affect the

result of the election or that the mechanical failure of the voting machine or the error or irregularity in

procedure is not material, issue such directions to the Returning Officer as he may deem fit and proper for

the further conduct and completion of the election.

(3) The provisions of these rules or orders made thereunder shall apply to every such fresh poll as

they apply to the original poll.

98. Admission to the place fixed for counting.— (1) The counting of votes shall take place on the