Andhra Pradesh District Planning Committees (Election of Members) Rules, 2007
Published vide Notification No. G.O. Ms. No. 20, Panchayat Raj and Rural Development (Elections & Rules), dated 17.01.2007
In exercise of the powers conferred under sub-section (1) of Section 14 and clause (iv) of sub-section (1) of Section 4 of the Andhra Pradesh District Planning Committees Act, 2005 (Act 40 of 2005) read with Sections 9, 15, 152, 153, 180, 181, 202-A, 203 and 242-D of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) and the rules issued thereunder in G.O.Ms.No. 220, PR&.RD (Elections & Rules) Department, dt. 25-5-2006 and as amended from time to time the Governor of Andhra Pradesh hereby makes the following rules relating to the election of members of the District Planning Committees and the reservation of seats in favour of the members belonging to Scheduled Castes, Scheduled Tribes and Backward Classes and Women:-
1. Short title. - (1) These rules may be called the Andhra Pradesh District Planning Committees (Election of Members) Rules, 2007.
2. Definitions. - In these rules, unless the context otherwise requires:-
- "Act" means the Andhra Pradesh District Planning Committees Act, 2005.
- "Backward Classes" mean any socially and educationally backward classes of citizens recognized by the Government for the purpose of clause (4) of Article 15 of the Constitution of India.
- "Casual Vacancy" and "Casual election" in relation to the District Planning Committee mean the vacancy arose in the Office of the member of the District Planning Committee due to registration or death or otherwise of the member and the election held to fill up such vacancy respectively:
- "Commissioner" means the Commissioner of Panchayat Raj and Rural Employment:
- "Election Officer" means the District Collector of the District concerned:
- "Government" means the Government of Andhra Pradesh:
- "Reserved seats" means such number of the scats, which arc reserved for the members of the Scheduled Castes or Scheduled Tribes or Backward Classes or women, as the case may be;
- "Rural Constituency" consists of the members elected from the Zilla Parishad Territorial Constituencies of the Zilla Parishad of the District;
- "Scheduled Castes" and "Scheduled Tribes" shall have the meaning respectively assigned to them in clauses (24) and (25) of Article 366 of the Constitution of India:
- "Section" means the Section of the Act; and
- "Unreserved seats" mean such number of the seats, which are not reserved for any of the categories mentioned in clause (g);
- "Urban Constituency" consists of the elected members of Municipal Corporation(s), Municipal Councils and Nagar Panchayats in the District;
- "Voter(s)" means the person(s) whose name(s) is/are included in the voters list finally published under subrule (2) of Rule 6 of these rules;
- "Words" and "Expressions" used but not defined in these rules shall have the same meaning assigned to them in the Act.
- The electoral college for the purpose of election of members of the District Planning Committees shall consist of two separate constituencies i.e., (i) the urban constituency, and (ii) the rural constituency.
- The urban constituency shall consist of the elected members of the Municipal Corporation(s), Municipal Councils and Nagar panchayats in the District.
- The rural constituency shall consist of the members elected to the Zilla Parishad from the Zilla Panshad Territorial Constituencies in the District.
- the Commissioner shall allocate to the urban constituency such number of members of the District Planning Committee as may be determined by him, subject to the condition that the number of members so allocated shall bear, as nearly as may be, the same proportion of the population of the urban constituency (i.e., Municipal Corporation(s), Municipalities and Nagar Panchayats) to the total population of the district, and
- the remaining number of members of the District Planning Committee to the rural constituency.
Note. - For purposes of allocation of seats between the urban and rural constituencies, any fraction of less than one-half shall be ignored and any fraction equal to, or more than, one half shall be counted as one.
- Out of the total number of members to be elected to each District Planning Committee, the Commissioner shall reserve separately for the urban and rural constituencies, such number of scats for Scheduled Tribes and Scheduled Castes basing on the proportion of their population to the total population of each constituency, and 34 percent of seats in each constituency to the members of backward classes.
- The Commissioner shall also reserve for women in each constituency not less than one third of the seats for the members of Scheduled Tribes, Scheduled Castes, and Backward Classes.
- Persons who are not the members of Scheduled Castes. Scheduled Tribes and Backward Classes shall not be eligible to contest from the seats reserved for Scheduled Castes, Scheduled Tribes and Backward Classes respectively.
- Such of the seats which are not reserved for the members of Scheduled Castes, Scheduled Tribes, Backward Classes and Women shall be known as unreserved seats and every voter whose name finds place in the voters' list published under sub-rule (2) of Rule 6 shall be entitled, irrespective of his or her caste or gender, to contest for any of the unreserved seats.
- Whenever any changes taken place in the pattern of reservation of seats for the members of Scheduled Castes, Scheduled Tribes, Backward Classes and Women under the Andhra Pradesh Panchayat Raj Act, 1994 such changes shall automatically be followed in the matter of reservation of seats of members of the District Planning Committees,
Note. - For purposes of reserving seats under these rules any fraction less than one-half shall be ignored and any fraction equal to, or more than, one-half shall be counted as one.
- The Election Officer shall prepare, in the format appended, separately for urban and rural constituency, the draft voters list, which shall consist of the names of all elected members of the Municipal Corporation(s), Municipal Councils and Nagar Panchayats in the district and all the elected members of the Zilla Parishad of the District and publish it according to the programme of election to be issued by the Government, on the notice boards of the Municipal Corporation(s),......... Municipalities, Nagar Panchayats in the District and of the Zilla Parishad concerned, calling for objections, if any, to be filed within ten days, to any of the entries made or omitted to be made in the draft voters list.
- The Election Officers shall, after making appropriate changes in the said list, either with reference to the objections received within the stipulated time to suo motu and publish the final voters, list, according to the programme of election to be issued by the Government, op the notice boards of the Municipal Corporation(s), Municipalities, Nagar Panchayats in the District and of the Zilla Parishad concerned.
- The final voters list published under sub-rule (2) shall be in force till a new Voters lists prepared and published.
- The process of preparation and publication of draft and final voters lists shall be under taken by the Election Officer whenever ordinary/ general/casual elections are held to the Municipal Corporations or Municipal Councils or Nagar Panchayats or the Zilla Parishad and the results are declared, on or before filling any casual vacancy in any of the seats of members of the District Planning Committee.
- The executive authorities of the Municipal Corporation(s), Municipal Councils and Nagar Panchayats in the District shall inform in writing in the format prescribed under Rule 6 the names and other particulars to the Election Officer of the elected members of their institutions immediately after the declaration of results of each ordinary/general/ casual election or whenever required by the Election Officer.
- the number of members to be elected (including the details of reservation made category wise) from the urban constituency and the rural constituency;
- the place, time and the last date, which shall not be less than ten days from the date of publication of the notice, for filing nominations;
- the date of scrutiny of nominations and publication of the list of valid nominations, which shall be the third day from the last date fixed for filing of nominations, whether it is a working day or public holiday;
- last day for withdrawal of nominations and the date for publication of the list of contesting candidates, which shall be the third day after the date of scrutiny of nominations, whether it is a working day or public holiday.
- The date, which shall not be less than three clear days from the date of publication of the list of contesting candidates, on which and the hours during which, poll shall, if necessary, be taken and the time for counting of votes and declaration of result of the poll.
- On or before the date and time fixed under clause (b) or Rule 10, each candidate shall, either in person or by his proposer, deliver to the Election Officer, a nomination paper completed in Form-1 and signed by the candidate and by the proposer, who shall be a voter of the constituency concerned.
- The same voter may propose as many candidates as there are scats to be filled from each of the reserved and unreserved categories in the constituency, but each candidate shall be nominated by a separate nomination paper.
- If any voter has proposed larger number of candidates than the seats to be filled, in any of the reserved and unreserved categories, only such of the nominations, which have been first received upto the number of seats to be filled in that particular category' shall be deemed to have been accepted.
- The Election Officer shall, on receiving a nomination paper, enter its serial number, the date on which and the hour at which it has been received by him and shall verify the name and number of the candidate and his proposer in the voters list.
- No nominations shall be received after the date and time fixed for the purpose under clause (b) of Rule 10.
- On the date fixed for the scrutiny of nominations, the candidates may attend at such time and place as the Election Officer may appoint and the Election Officer give them all reasonable facilities for examining the nomination papers of all candidates.
- The Election Officer shall then examine the nomination papers and shall decide all the objections which may be made at the time of scrutiny of any nominations and may, either on such objection or on his own motion, after such summary enquiry, if any, as he deems necessary, reject any nomination, duly recording the reasons for such rejection, which shall be supplied for free of cost to the nominee whose nomination is rejected.
- On the same day immediately after the scrutiny of the nomination papers, the Election Officer shall prepare a list of valid nominations in Form-111, constituency wise, and publish it on the notice board of the Municipal Corporation(s) Municipalities(s) and Nagar Panchayats and Zilla Parishad concerned.
- If the number of contesting candidates is equal to or less than the number of seats to be filled, the Election Officer shall declare all such candidates to be duly elected.
- If the number of contesting candidates exceeds the number of seats to be filled, poll shall be taken by secret ballot.
- Every person whose name is included in the voters list shall have as many votes as there are members to be elected from each of the reserved and unreserved categories on behalf of the constituency, but he shall not give more than one vote to any candidate.
- The Election Officer shall provide a ballot box and it shall be scaled and locked in the presence of candidates.
- Every voter shall be supplied with a ballot paper. At the time of issuing a ballot paper to a voter, the Election Officer shall sign in full on the back of the ballot paper, record the serial number thereof in the counter foil of the ballot paper, put the official seal and also mark the name of the voter in the voter's list.
- The voter shall, on receipt of the ballot paper, proceed to the place where the ballot box is kept and then make a mark on the ballot paper with the instrument supplied for the purpose against the names of the candidates to whom he wishes to vote. Then he shall fold and insert it into the ballot box.
- If owning to blindness or other physical infirmity a voter is unable to read the name of the candidates on the ballot paper or to make a mark thereon the Election Officer shall record the vote on the ballot paper in accordance with the wishes of the voter and fold it so as to conceal the vote and insert it into the ballot box. While acting under this sub-rule the Election Officer shall observe such secrecy as is feasible and shall keep a brief record of each such instance, but shall not indicate therein the manner in which any vote has been given.
- The voter who had inadvertently dealt with a ballot paper in such manner that it cannot be conveniently used as a ballot paper, may on returning it to the Election Officer and on satisfying the inadvertence be given another ballot paper and the ballot paper so returned shall be marked "spoilt/cancelled" by the Election Officer. If a voter after obtaining a ballot paper decides not to use it, he shall return the same to the Election Officer and the same shall be marked as "Returned/cancelled" by the Election Officer.
- On the day and at the place and time fixed under clause (e) of Rule 10 and in the presence of candidates present the Election Officer shall open the ballot box and count the number of ballot papers taken out there from.
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The Election Officer shall reject a ballot paper:-
- if it bears any mark or writing by which the voter can be identified; or
- if no vote is recorded thereon; or
- if votes are given in favour of candidates more than the seats to be filled in any of the reserved and unreserved categories of the constituency concerned.
- if the mark indicated thereon is placed in such a manner as to make it doubtful to which candidate the vote has been given; or
- If it is spurious ballot paper; or
- If it does not bear both the official seal and the signature of the Election Officer:
Provided that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct 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.
Explanation. -For the purpose of subrule (2), the Election Officer shall consider separately the seats reserved for each of the categories of SCs/STs/BCs/Women and unreserved seats and reject all the votes given by a voter in a particular category, if they arc more than the number of seats to be filled from that category, that is, the Election Officer shall not reject the votes given by the same voter in other categories, which are equal to or less than the number of seats to be filled from the other categories.
- Before rejecting any ballot paper under sub-rule (2) the Election Officer shall allowed candidate a reasonable opportunity to inspect the ballot paper but should not allow him to handle it or any other ballot paper.
- After completion of counting, the Election Officer shall record, in the format appended, category wise i.e. for seats reserved for Scheduled Castes/ Scheduled Tribes/ Backward Classes/Women and for unreserved seats, the total number of votes polled by each candidate and announce the same.
- After such announcement has been made, the Election Officer may, either on his own initiative or at the instance of any candidate, recount the votes.
- When a recount of votes is made under sub-rule (5), the Election Officer shall amend the statement referred to in sub-rule (4) to which extent it is necessary after such recount and announce the same so made by him.
- After completion of the counting or recounting of votes, as the case may be, under Rule 19 the Election Officer shall declare it in Form VI, which shall be signed by him and affixed with his seal, such number of candidates equal to the number of seats in each category i.e. for the seats reserved for SCs/STs/BCs/ Women and for the unreserved seats in the concerned constituency as have secured the highest number of votes in the descending order, to be duly elected.
- The Election Officer shall send copies of Form VI to the District Collector Commissioner for Panchayat Raj and Rural Employment, Principal Secretary to Government, Panchayat Raj and Rural Development Department, executive authorities of the Municipal Corporation(s), Municipalities and Nagar Panchayats concerned in the District apart from handing over a signed copy thereof to each of the member declared elected, the receipt of which shall be acknowledged by such member.
- The Election Officer shall keep in safe custody all papers relating to the elections.
- On the expiry of three months from the date of publication of the names of the elected members of the District Planning Committee or one month after the disposal of election petition, or appeal if any, whichever is later, all the papers relating to the election shall be destroyed.
- No election of the member of the District Planning Committee shall be called in question except by an election petition before the District Judge having jurisdiction over the local limits of the Committee presented by any candidate in such election or by any other member within fifteen days from the date of the election on one or more grounds specified in Rule 28. The election petition under this rule shall be accompanies by a deposit of two hundred rupees as security for costs.
- Every petition under sub-rule (1) shall be accompanied by as many copies as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.
- The petitioner shall join as respondents to his petition, where the petitioner in addition to claiming a declaration that the election of the returned candidate is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner and where no such further declaration is claimed, the return candidate.
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A petition under sub-rule (1):-
- shall contains concise statement of materials on which the petitioner relies;
- shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure 1908 (Central Act V of 1908) for the verification of pleadings;
- (ii) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.
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A petition under sub-rule (1):-
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The petitioner may claim any of the following declarations:-
- That the election of the returned candidate is void; or
- That the election of the returned candidate is void and that he himself or any other candidate has been duly elected.
- dismissing the petition; or
- declaring the election of the returned candidate to be void; or
- declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected.
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that the result of the election has been materially affected;
- by the improper reception or rejection of a vote; or
- by any non compliance with the provisions of the Act or of any of these rules;
- that the nomination of any candidate has been wrongly rejected or that the nomination of the successful candidate or of any other candidate who has not withdrawn his candidature has been wrongly accepted.
The District Judge shall declare the election of the returned candidate to be void.
Provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of such candidate would have been void, if he had been the returned candidate and a petition had been presented called in question his election.
(See Rule 6)
Sl. No. | Name of the Voter, Sex (Caste, if he/she belongs to SCs/STs/BCs) | Basic Office held i.e. Corporator, Councillor, Member, Nagar Panchayat/Zilla Parishad Territorial Constituency | Name of the Institution i.e. Municipal Corporation/ Municipality/Nagar Panchayat/Zilla Parishad |
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1 | 2 | 3 | 4 |
(See Rules 8, 9 and 10)
Whereas the Government of Andhra Pradesh by G.O./Memo No...................Dated....... have issued a programme for the conduct of election of members of the District Planning Committee to be constituted under the provision of the Andhra Pradesh District Planning Committees Act, 2005 (Act 40 of 2005);
Now, therefore, I, the Chief Executive Officer, Zilla Parishad........District and the Election Officer hereby called upon the voters whose names appear in the final voters list published under sub-rule (2) of Rule 6 of the rules issued in G.O.Ms.No. .........Dated............ to elect the members of the district Planning Committee of the ......... district according to the programme appended, as per the rules issued in the aforesaid G.O.,
- The total number of members to be elected to the District Planning Committee is 24 (Twenty four) out of which members are to be elected from the urban constituency and members from the rural constituency.
- Out of ..... members to be elected from the urban constituency seats of members are reserved for the members of Scheduled Castes, ..... For the members of Scheduled Tribes For the members of Backward Classes and .... for women
- Out of.... Members to be elected from the rural constituency...seats of members are reserved for the members of Scheduled Castes, for the members of Scheduled Tribes for the members of Backward Classes and ....... for women.
- Every voter shall have as many votes as there are members to be elected in each of the categories i.e. in the categories of the seats reserved for SCs/STs/BCs/Women and of the unreserved seats from the urban or rural constituency to which the voter belongs.
Programme of Election:
- Date of publication of Election notice:
- Dates on which nominations can
be filed before the Election Officer:From............2006
To............2006.
(Both days inclusive
During office working hours)
- Place at which nominations can be filed:Office of the Zilla Parishad.
at.......................... - Date of publication of the list of nomination received:
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Date on which and the time during which the nominations
will be taken up for scrutiny by the Election Officer.: - Date of publication of the list of valid nominations::
- Dates on which nominations can be withdrawn::
- Date of publication of the list of contesting candidates::
- Date and time of poll.:
- Place of poll:
- Counting of votes::Office of the Zilla Parishad
at............
- Declaration of result of poll
(See Rule 11(1))
Nomination Paper
(District Planning Committee...........District)
- Name of the Constituency:
- Full Name of the candidate
- Number of candidate in the voters list.
- Caste (To be indicated only in the case of the candidate contesting for reserved seats. Together with the serial number of the caste (two which he/she belongs) in the list of Scheduled Castes, Scheduled Tribes or Backward Classes).
- Father's/Husband Name
- Age
- Sex
- Occupation and address
- Full Name of proposer
- Number of proposer's in the voters list
- Signature of the proposer.
(General seat/Reserved seat. If reserved seat, is it reserved for he members of Scheduled Castes or Scheduled Tribes or Backward Classes or Women?)
I declare that I am willing to stand for the election.
Additional declaration by the candidate contesting the reserved seat
I..........(name of the candidate) contesting the seat reserved for Scheduled Castes/ Scheduled Tribes/Backward Classes hereby declare that 1 belong to...........caste, which is included under serial number in the list of Scheduled Castes/Scheduled Tribes/Backward Classes and I file herewith the certificate of caste granted under the A.P. (Scheduled Castes/Scheduled Tribes/Backward Classes) Regulation of issue of Community Certificates Act, 1993 in proof of my caste.
This nomination paper was delivered to me by Sri..........at......(time) on..........Date....... . . .. .
Instruction. - Nomination papers which are presented to the Election Officer after the ....................... of the appointing date and time shall not be received.
(See Rule 12]
SI. No. | Name of Candidate. | Name of Father/Husband. | Sex. | Serial Number in the Voters List. | Name of proposer. | Remarks. |
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The Nomination papers will be taken up for scrutiny at ......... A.M./P.M. the day of ............2006 at ........... (Place)
(See Rule 13 (3)]
LIS OF VALID NAMINATIONS
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Note. - The Poll shall be taken, if necessary, on ...........2007 between .........and ........ at the polling station (s) already notified.
(See Rule 15)
(LIST OF CONTESTING CNADIDATES)
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Note. - The poll shall be taken, if necessary, on ............2007 and ................ at the polling station(s) already notified.
BALLOT PAPER
(See Rule 17)
Counter foil voting paper No. | Foil Voting Paper No. | ||
SL.No. | Candidate Nme | Voter's mark | |
Serial Number in Voters list Voters signature or mark | For the ….....................(number) of seats unreserved for SCs (General). | ||
1. | |||
2. | |||
3. | |||
4. | |||
For the ….....................(number) of seats unreserved for SCs (Women). | |||
1. | |||
2. | |||
3. | |||
4. |
Please read this carefully before recording your vote(s).
- The number of seats reserved for SCs is ..........and women is.............
- You have as many votes as there are seats to be filled for the reserved and for unreserved.
- Each vote is to be shown by cross mark "X".
BALLOT PAPER
(See Rule 17)
Urban/Rural Constituency of the District Planning Committee .................District.
Counter foil voting paper No. | Foil Voting Paper No. | ||
SL.No. | Candidates Name | Voter's Mark | |
Serial Number in Voters list Votor Signature or mark | For the ….....................(number) of seats reserved for Sts (General). | ||
1. | |||
2. | |||
3. | |||
4. | |||
For the ….....................(number) of seats reserved for Sts (Women). | |||
1. | |||
2. | |||
3. | |||
4. |
Please read this carefully before recording your vote(s).
- The number of seats reserved for STs is ..........and women is.............
- You have as many votes as there are seats to be filled for the reserved and for unreserved.
- Each vote is to be shown by cross mark "X".
BALLOT PAPER
(See Rule 17)
Urban/Rural Constituency of the District Planning Committee .................District.
Counter foil voting paper No. | Foil Voting Paper No. | ||
SL.No. | Candidates Name | Voter's Mark | |
Serial Number in Voters list Votor Signature or mark | For the ….....................(number) of seats reserved for B.Cs (General). | ||
1. | |||
2. | |||
3. | |||
4. | |||
For the ….....................(number) of seats reserved for B.Cs (Women). | |||
1. | |||
2. | |||
3. | |||
4. | |||
Please read this carefully before recording your vote(s).
- The number of seats reserved for BCs is ..........and women is.............
- You have as many votes as there are seats to be filled for the reserved and for unreserved.
- Each vote is to be shown by cross mark "X".
BALLOT PAPER
(See Rule 17)
Urban/Rural Constituency of the District Planning Committee .................District.
Counter foil voting paper No. | Foil Voting Paper No. | ||
SL.No. | Candidates Name | Voter's Mark | |
Serial Number in Voters list Votor Signature or mark | For the ….....................(number) of seats unreserved for (General). | ||
1. | |||
2. | |||
3. | |||
4. | |||
For the ….....................(number) of seats unreserved for (Women). | |||
1. | |||
2. | |||
3. | |||
4. | |||
Please read this carefully before recording your vote(s).
- The number of seats un-reserved is ..........and for women is.............
- You have as many votes as there are seats to be filled for the reserved and for unreserved.
- Each vote is to be shown by cross mark "X".
(See Rule 20 and 21)
DECLERATION OF RESULTS
I, the Election Officer, hereby declare that the persons whose names are shown in the table below are elected as members of the District Planning Committee ...................District, from the urban/rural constituency.
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