Government of Himachal Pradesh Department of Panchayati Raj. NO. PCH-HA(1)1/2015- Dated Shimla , the

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1 (Authoritative English text of this Department Notification Number PCH-HA (1) 1/ 2015, dated as required under clause (3) of article 348 of the Constitution of India) Government of Himachal Pradesh Department of Panchayati Raj. NO. PCH-HA(1)1/2015- Dated Shimla , the NOTIFICATION In exercise of the powers conferred by section 183 read with section 186 of the Himachal Pradesh Panchayati Raj Act, 1994 (Act No. 4 of 1994), the Governor Himachal Pradesh is consultation with State Election Commission, proposes to make the following rules further to amend the Himachal Pradesh Panchayati Raj (Election) Rules, 1994 notified vide this Department Notification No. PCH-HA (3) 6/94, dated 7 th February, 1995 and published in the Rajpatra, Himachal Pradesh (Extra-ordinary), on 8 th February, 1995 and the same are hereby published in the Rajptra, Himachal Pradesh, for information of the general public; Any interested person who has any objection(s) or suggestion(s) with regard to the proposed rules, may send the same to the Director Panchayati Raj, Himachal Pradesh, SDA Complex, Kasumpti, Shimla , within a period of fifteen days from the date of publication of the proposed rules in the Rajpatra, Himachal Pradesh ; The objection(s) or suggestion(s), if any, received within the above stipulated period shall be taken into consideration by the State Government before finalizing the proposed draft rules, namely :- DRAFT RULES Short title. 1. These rules may be called the Himachal Pradesh Panchayati Raj (Election) Amendment Rules, Amendment of Rule In rule 60 of the Himachal Pradesh Panchayati Raj (Election) Rules, 1994 (hereinafter referred to as the said rules ), for sub-rule (3), the following sub-rule shall be substituted, namely:- (3) On receiving the ballot paper, the voter shall forthwith proceed to the compartment and mark the ballot paper by putting the seal provided for the purpose on or before the name and symbol of the candidate of his choice or none of the above (NOTA), printed on the ballot paper and shall insert ballot paper in the relevant sealed ballot box kept before the Polling Officer.. 1

2 Amendment of Rule 92. Substitution of Form In rule 92 of the said rules, in proviso to sub-rule (1), for the words thirty thousand, the words one lakh shall be substituted. 4. For existing Form-18 appended to the said rules, the following FORM shall be substituted, namely :- FORM-18 (See rule 35) NOMINATION PAPER Election of member from (Constituency) of... Gram Sabha. Election of Pradhan from. Gram Sabha. Election of Up-Pradhan from Gram Sabha. Election of member to Panchayat Samiti. from. constituency. Election of member to Zila Parishad... from.. constituency. I, nominate as a candidate for above election- Candidate s Name.. Father s or Husband s name... Postal Address... His name is entered at serial No. in the electoral roll for constituency of Gram Sabha/Panchayat Samiti/ Zila Parishad. My name is entered at Serial No. in the electoral roll for. constituency of.. Gram Sabha/Panchayat Samiti/Zila Parishad. Date. Name and Signature of Proposer. I. the above mentioned candidate, assent to this nomination and hereby declare that- (a) I have completed years of age. (b) I have not encroached upon any land belonging to or taken on lease or requisitioned by, or on behalf of, the State Government, Municipality, Gram Panchayat, Panchayat Samiti, Zila Parishad or a Co-operative Society and also do not suffer from any other disqualifications under the Act. (c) I further declare that I am a member of the Caste/Tribe which is a Scheduled Caste/Tribe. (d) I have enclosed No Dues Certificate duly issued by the competent authority as required under rule 35(2) of the Himachal Pradesh Panchayati Raj (Election) Rules, (e) I shall neither use narcotics nor cultivate the poppy, opium and cannabis and shall also persuade others not to use narcotics and cultivate the poppy, opium and cannabis in the Panchayat area. Place Date.. Signature of Candidate. 2

3 (To be filled by the Returning Officer). Serial No. of nomination paper. This nomination paper was delivered to me at. (Place) at. (hour) on (date) by the. candidate/proposer. Date Returning Officer (Decision of the Returning Officer accepting or rejecting the nomination paper). I have examined this nomination paper in accordance with law and decide as follows:- Date Returning Officer The nomination paper of the above candidate has neither been rejected nor he has withdrawn his candidature and therefore. (name of symbol) is hereby allotted. Date Returning Officer RECEIPT FOR NOMINATION PAPER AND NOTICE OF SCRUTINY AND WITHDRAWAL (To be handed over to the person presenting this nomination paper) Serial No. of nomination paper... The nomination paper of a candidate for election of or member/pradhan/up-pradhan of Gram Panchayat, Member of Panchayat Samiti/member of Zila parishad from.... constituency of. Gram Sabha. Constituency of Panchayat Samiti.. Constituency of Zila Parishad delivered to me at my office at (hour) on. (date) by the candidate/proposer. All nomination papers will be taken up for scrutiny at.. (hours) on.... (date) at (place). The candidature may be withdrawn upto. (hours). (date). The symbol may be allotted immediately after the expiry of time fixed for withdrawal. Date Score out the words not applicable. Returning Officer

4 Substitution of Form-32, 33, 34,35,36,37, 38 and For existing Forms 32, 33, 34, 35, 36, 37, 38 and 39 appended to the said rules, the following Forms shall respectively be substituted, namely :- FORM-32 (See rule 75) RESULT SHEET OF COUNTING FOR ELECTION OF MEMBER Gram Panchayat.. From Constituency No.... Polling Station No.. Place.. Sl. No. Name of candidates No. of votes cast in favour of the candidate/nota (a) Total No. of valid votes (b) Total No. of rejected votes (c) Total No. of votes for NOTA (d) Total No. of votes polled (a+b+c) (e) Total No. of tendered votes (f) Remarks Place of counting Date... Returning Officer (Gram Panchayat)/Officer authorized by Returning Officer (Gram Panchayat) FORM-33 (See rule 75) FORM OF RETURN OF ELECTION OF MEMBER GRAM PANCHAYAT... 4

5 Election for member from Constituency No.... Sl. No. Name of candidate No. of valid votes cast in favour of the candidate (a) Total No. of valid votes (b) Total No. of invalid votes... (c) Total No. of votes for NOTA (d) Total No. of votes polled... I declare that (Name).. Address..... has been duly elected as a Member..Signature of Returning Officer/ Officer authorised by Returning Officer (Panchayat). Dated the. day of In case of dearth of space, back page may be used FORM-34 (see rule 75) RESULT SHEET OF COUNTING OF VOTES FOR PRADHAN/UP-PRADHAN Gram Panchayat No. of Polling Stations included. Sl. No. Name of candidate No. of valid votes cast in favour of the candidate (a) Total No. of valid votes (b) Total No. of rejected votes... (c) Total No. of votes for NOTA (d) Total No. of votes polled (A+B+C)... (e) Total No. of tendered votes... 5

6 Place of counting... Returning Officer/ Officer Date... authorised by Returning Officer. In case of dearth of space, back page may be used. FORM-35 (See rule 75) FORM OF RETURN OF ELECTION FOR PRADHAN/UP-PRADHAN GRAM PANCHAYAT... Election of Pradhan/Up-Pradhan... Sl. No. Name of candidates No. of valid votes cast in favour of the candidate (a) Total No. of valid votes (b) Total No. of invalid votes... (c) Total No. of votes for NOTA (d) Total No. of votes polled (A+B+C)... (e) Total No. of tendered votes... I declare that- (Name) Address... has been duly elected. Place: Dated the.. day of 19. In case of death of space, back page may be used Signature of Returning Officer(Panchayat)/ Officer authorized by Returning Officer. 6

7 FORM-36 (See rule 75) RESULT SHEET OF COUNTING OF VOTES IN THE ELECTION OF PANCHAYAT SAMITI Sl. No. Name of candidates No. of valid votes cast in favour of the candidate (a) Total No. of valid votes (b) Total No. of rejected votes... (c) Total No. of votes for NOTA (d) Total No. of votes polled (A+B+C)... (e) Total No. of tendered votes... Place... Date... In case of dearth of space, back page may be used. Returning Officer/ Officer authorised by Returning Officer. FORM-37 (See rule 75) FORM OF RETURN OF ELECTION OF MEMBER OF PANCHAYAT SAMITI Election of Member of Panchayat Samiti from Constituency No. of Panchayat Samiti... Sl. No. Name of candidate No. of valid votes cast in favour of the candidate

8 (a) Total No. of valid votes. (b) Total No. of invalid votes... (c) Total No. of votes for NOTA. (d) Total No. of polled votes... I declare that- (Name.. Address.. has been duly elected. Dated the. day of 20.. In case of dearth of space, back page may be used Returning Officer. FORM-38 (PART-I) (See rule 75) RESULT SHEET OF COUNTING OF VOTES OF MEMBER OF ZlLA PARISHAD.. Constituency No.... BLOCK LEVEL COUNTING No. of Polling Stations of Zila Parishad constituency No. situated in Block Sl. Name of candidates No. of valid votes cast in No. favour of the candidate (a) Total No. of valid votes (b) Total No. of rejected votes (c) Total No. of votes for NOTA. (d) Total No. of votes polled.... (e) Total No. of tendered votes Place of counting Date... In case of dearth of space, back page may be used. Returning Officer/ Officer authorized by Returning Officer,(Parishad) 8

9 Sl. No. FORM 38 (PART-II) (See rule 75) DISTRICT LEVEL COUNTING RESULT SHEET OF COUNTING OF VOTES OF MEMBER OF ZlLA PARISHAD. Name candidates of No. of votes secured by candidate in Polling Stations situated in various Blocks Block... Block... Block (a) Total No. of valid votes (b) Total No. of rejected votes (c) Total No. of votes for NOTA (d) Total No. of votes polled (A+B+C)... (e) Total No. of tendered votes Constituency No... Total Place of counting.. Dated. In case of dearth of space, back page may be used. Returning Officer/ Officer authorized by Returning Officer FORM-39 (See rule 75) FORM OF RETURN OF ELECTION OF MEMBER OF ZILA PARISHAD Election of member of Zila Parishad from constituency No. Sl. No. Name of candidate No. of valid votes cast in favour of the candidate

10 (a) Total No. of valid votes. (b) Total No. of invalid votes... (c) Total No. of votes for NOTA. (d) Total No. of polled votes... I declare that- (Name.. Address.. has been duly elected. Dated the. day of 20. In case of dearth of space, back page may be used... Returning Officer. By order Secretary (Panchayati Raj) to the Government of Himachal Pradesh. Endst. No.PCH-HA(1)1/ Dated Shimla , the Copy for information and necessary action forwarded to:- 1. All the Principal Secretaries/ Secretaries to the Government of Himachal Pradesh. 2. Secretary, State Election Commission, Himachal Pradesh, Shimla The Additional Secretary (GAD) to the Government of Himachal Pradesh.. 4. All the Deputy Commissioners in Himachal Pradesh. 5. Assistant Law Advisor and Under Secretary (Law) Himachal Pradesh Government. 6. All the District Panchayat Officer-cum-Secretary, Zila Parishad H.P. 7. Principals, PRTI, Mashobra, Thunag, Baijnath. 8. All the Block Development Officers-cum-Executive Officers of Panchayati Samitis in Himachal Pradesh. 9. Controller, Printing and Stationary Department, H.P. Shimla with the request that the above notification may kindly be published in Rajpatra. Sign/- Deputy Secretary (Panchayati Raj) to the Government of Himachal Pradesh. 10

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