dpc election rules 31-7-2008

7/29/2019 Dpc Election Rules 31-7-2008

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PLANNING DEPARTMENTMantralaya, Mumbai 400 032, dated the 22nd July, 1999

NOTIFICATIONMAHARASHTRA DISTRICT PLANNING COMMITTEE5 [CONSTITUTION

AND FUNCTION] ACT, 1998.

No. DPC-1098/CR-93/D 1444 -- In exercise of the powers conferred by section

13 read with clause (c) of para III of sub-section (3) of section 3 of the Maharashtra

District Planning Committees (Constitution and Functions) Act, 1998 (Mah. XXIV of

1998) and of all other powers enabling it in that behalf, the Government of Maharashtra

hereby makes the following rules :-

PART I1. Short, title, extent and Commencement.-(1) These rules may be called the

Maharashtra District Planning Committee (Election) Rules, 1999.

(2) They shall extend to the whole of the State of Maharashtra excluding theScheduled Areas declared by the President of India from time to time, in exercise of the

powers conferred by Pararaph 6 of the Fifth Schedule to the Constitution of India.

(3) These rules shall come into force on such date as State Government may by

notification in the Official Gazette, appoint.

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

(a) Act means the Maharashtra District Planning Committees (Constitution and

Functions) Act, 1998;1***(c) Election means an election to a District Planning Committee and includes any

by-election;

(d) F F d d t th l


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(d) F F d d t th l

(I) Section means a section of the Act;

(2) Words and expressions used in these rules, but not defined. shall have the same

meanings as assigned to them under Parts IX and IX A of the Constitution of India or

under the Act.

3. Constituencies of the District Planning Cornmittee.-(1) For the purpose ofelecting the members of the District Planning Committee, the area of the District shall be

divided into the following constituencies:-

(a) rural area constituency;

(b) transitional area constituency;

(c) smaller urban area constituency; and

(d) larger urban area constituency.

(2) The total number of members to be elected from each constituency shall bedetermined by the Collector in proportion of the rural as well as the urban population in

the District, as a whole and, in each constituency.

(3) The Collector shall, in consultation with the State Government, allot the seats to

be reserved in each constituency in the manner provided in Section 4 of the Act.

Explanation.Forthe purpose of this rule, the fraction of one half or more of a seatshall be counted as one and the fraction of less than one half shall be ignored.

4. Election to be conducted under the supervision and control of the Collector.The elections to the District Planning Committees shall be conducted under the direction,

superintendence and control of the Collector.

5. Preparation of List of Voters.(1)For the purpose of electing the members ofthe District Planning Committee under clause (a) of Paragraph (III) of sub-section (3)ofsection 3 of the Act, the Collector shall call upon the Chief Executive Officer of the Zilla

Parishad, the Chief Officer of the Municipal Councils and of the Nagar Panchayat, if

any, and the Commissioners of the Municipal Corporations in the District, to furnish tohim1[in form I] a list of the elected

2[members] of respective local authorities before

the date specified in that behalf by him,

(2) On receipt of such list, the Collector shall prepare a voters list separately for


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voters before the final date of presentation of nomination papers. ].2[(4) Notwithstanding anything contained in this rule,the Collector may by general or

special order alter all or any of the dates prescribed therein and appoint the revised dates. ]

6. Voters list to be conclusive.Subject to any disqualification incurred by a

person, the voters list published finally under sub-rule 3 of rule 5 shall be conclusiveevidence of the voters right to vote, or as the case may be, his right to be elected at any

election.

7. Appointment of Returning Officer.TheCollector shall appoint an officer notbelow the rank of Additional Collector to be the Returning Officer for the purpose of the

election to the District Planning Committee.

8. Appointment of Assistant Returning Officer.(1) The Collectorshall appoint

an officer, not below the rank of Assistant Collector 2[or Deputy Collector] to beAssistant Returning Officer, for each constituency.

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

Officer, be competent to perform all or any of the functions of the Returning Officer:

Provided that, no Assistant Returning Officer shall perform any of the functions of

the Returning Officer which relates to the scrutiny of nomination papers unless the

Returning Officer is, due to unavoidable reasons, prevented from performing the said

function,(3) Subject to the provisions of sub-rule (2) reference in these rules to the Returning

Officer, shall, unless the context otherwise requires, be deemed to include an Assistant

Returning Officer.

9. General duty of Returning Officer.It shall be the general duty of the

Returning Officer at any election to do all such acts and things as may be necessary for

effectually conducting the election in the manner provided by and under these rules.2

[10. Polling Station..

The Returning Officer shall provide a sufficient number ofpolling stations for each constituency at such places as may be convenient to conduct fair

elections.The Returning Officer shall decide the number of voters to be attached to each

polling station The list of polling stations shall be displayed on the notice board of the


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(3) If the Presiding Officer, owing to illness, unavoidable cause, is absent, his

functions at the polling station shall be performed by such officer as may be authorised

by the Returning Officer.

12. General duty of Presiding Officer and Polling Officer.(1) It shall be the

general duty of the Presiding Officer at a polling station to keep order thereat and to seethat the poll is fairly taken.

(2) It shall be the duty of the Polling Officer at each polling station to assist the

Presiding Officer at such polling station in the performance of his functions.

13. Appointment of dates, etc. for various stages of an election. (1) TheCollector shall, in consultation with the State Government, notify the date of election to

the District Planning Committee in FORM 1 (A).

1[(2) The Collector, in consuatation with the State Government, shall finalise theelection programme not earlier than 30 days from the date of publication of the final list

of voters in the following manner :-(i)The last date for filing of nominations, 7 days from the date of order of the

Returning Officer

(ii)The date of publication of nominations. As and when received, till the last datefixed for filing nominations

(iii)Date of scrutiny of nominations. Not later than 2 days, after the last datefor filing nominations

(iv)Date of publication of the list of validnominations,

Next day after the scrutiny ofnominations.

(v) If nomination is rejected, period forappeal to Collector.

Within a period of 3 days from the date

of rejection of nomination

(vi)Period for final decision on appeal bythe Collector.

Within 3 days from the date of receipt ofappeal.

(vii)The date of publication of the list ofvalid nominations after an appeal. Not later than 2 days from the decisionon an appeal.(viii) Date by which candidature may bewithdrawn.

The day next succeeding the date fixed

for publlcation of list of valid


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1. Ins. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.

1[ (3) If the Collector is of the opinion that it is necessary in public interest to modify the

election programme and there is no sufficient time for consultation with the StateGovernment, the Collector may modify the election programme, after recording the

reasons in writing therefor. In every such case the Collector shall forthwith send the

copy of the modified election programme to the State Government. ]

14. Manner of Publication of2[election programme] under rule 13.

2[The

Returning Officer shall publish the election programme. A copy thereof ]

(a) shall be pasted on the notice boards of the offices of the Collector, the

Returning Officer, Municipalities, and the Zilla Parishads respectively.(b) shall be published at least in daily local news paper in Marathi having wide

circulation in the area of operation of Zilla Parishad and the Municipalities.

15. Nomination of candidates,(1) A person may be nominated as a candidate,

for election, if he is qualified to be chosen to fill that seat under the provisions of the

Act, and his name is entered in the final list of voters.

(2) Every nomination paper presented under rule 13 shall be in FORM II:3

[Provided that, a failure to complete, or a defect in completing, the declaration ina nomination paper shall be deemed to be a defect of a substantial character. ]

(3) A nomination paper shall be supplied by the Returning Officer to any voter on

demand.

16. Presentation of nomination paper and requirements for valid

nomination.(1) On or before the date appointed under sub-rule (1) of rule 13, each

candidate shall, either in person or by his proposer, deliver to the Returning Officer

during the time and at the place specified in the2[election programme] made under the

said rule, his nomination paper properly filled and signed by the candidate and 2[ by the

proposer.]

(2) Any person who is not subject to any disqualification as a voter under the Act,


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1. Ins. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.

2. Subs. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.

3. Subs. byNotifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000.

4. Ins. byNotifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000.

5. The word "and seconder" ommited byNotifn.No.DPC1007/CR22/D.1444 dated the ------------------(5) The Returning Officer may condone any clerical or technical errorin the

nomination paper in regard to the said names or numbers to be corrected in order to

bring them into conformity with the corresponding entries in the list of voters, and where

necessary, any minor clerical or printing error in the said entries may be condoned.1* * *

18. Notice of date of scrutiny of nomination papers and time and place for

scrutiny.--The Returning Officer shall on receiving the nomination paper under rule 16in Form-II, acknowledge the receipt thereof in FORM II A and inform the person or

persons delivering the same, of the day, time and place fixed for the scrutiny of

nominations and shall enter on the nomination paper, its serial number and shall sign

thereon, stating the date on which and the hour at which the nomination paper has been

delivered to him and shall, as soon as may be, thereafter cause to be affixed in some

conspicuous place in his office, a notice of the nomination containing description similar

to those contained in the nomination paper, both of the candidate and of the proposer.2[The Returning Officer shall also cause to be affixed in Form IIA(1)3{ a list of

candidates category-wise as per the provisions of rule 55} who have submitted

nomination forms for contesting the election to each of the constituencies of the District

Planning Committee.]

19. Scrutiny of nomination papers.(1) On the date fixed for the scrutiny of

nomination papers under rule 13, the candidates, their election agents, one proposer of

each candidate and one other person duly authorised in writing by each candidate, may

attend at the time and place appointed in this behalf under rule 13, and the Returning

Officer shall give them reasonable facilities for examining the nomination papers of all

candidates which have been delivered as required by rule 16.


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1.Rule 17 ommitted by Notifn.No.JNS1099/CR72/D.1444 dated the 5 th May 2000 .2. Ins. byNotifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000.3. Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 2008

(5) The Returning Officer shall hold the scrutiny on the date appointed in this

behalf under rule 13 and shall not allow any adjournment of the proceedings, except

when such proceedings are interrupted or obstructed for reasons beyond his control :

Provided that, in case any objection is raised by the Returning Officer or is made

by any other person, the candidate concerned may be allowed time to rebut it not later

than the next day, and the Returning officer shall record his decision on the date to

which the proceedings have been adjourned.

(6) The Returning Officer shall endorse on each nomination paper his decision

accepting or rejecting the same and if the nomination paper is rejected, shall record in

writing a brief statement of his reasons for such rejection in FORM II B.

(7) For the purposes of this rule, the production of a certified copy of an entry made

in the voters list of the relevant constituency shall be conclusive evidence of the right ofany voter named in that entry to contest election, unless it is proved that the candidate is

disqualified.

20. Publication of list of valid nominations (FORM II C).--Immediately after all

the nomination papers have been scrutinised and decision accepting or rejecting the same

have been recorded, the Returning Officer shall prepare a list of candidates whose

nominations have been accepted, and shall affix the list on his notice-board recording the

date on which and the time at which, the list was so affixed.21. Appeal.(1) Any candidate, aggrieved by a decision of the Returning Officer

accepting or rejecting a nomination paper, may present an appeal against the order

of the Returning Officer to the Collector within a period of three days


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afternoon on the last date fixed under rule 13 for withdrawal of candidatures.

(3) Notice may be given either by the candidate in person or by his proposer.

(4) No person who has given a notice of withdrawal of his candidature under

sub-rule(1)shall be allowed to cancel the notice.

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1. Subs. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .


(5) The Returning Officer shall, on being satisfied as to the genuinenessof a notice of

withdrawl and the identity of person delivering it under sub-rule (1), cause a notice to be

affixed on the notice board in his office.23. Preparation of list of contesting candidates(1) On the day next succeeding

the last date fixed under rule 13 for withdrawal of candidatures, the Returning Officer

shall prepare and publish in FORM III1[a list of contesting candidates,category-wise

seperately as per the provisions of rule 55] that is to say, candidates whose nomination

papers have been finally accepted and who have not withdrawn their candidature within

the specified period.

(2) The said list shall, subject to the provisions of sub-rule (3), contain the names inalphabetical order in Marathi and the addresses of the contesting candidates as given in

the nomination papers.

(3) The alphabetical order referred to in sub-rule (2) shall be determined with

reference to the surnames of the candidates having surnames, and the proper names of

other candidates,2 ***

24. Publication of list of contesting candidates.As soon as the copy of the list of

contesting candidates from each constituency is ready, the Returning Officer shall

immediately cause it to be affixed on the notice board in his office and shall also supply

a copy thereof to each of the contesting candidates and, on demand, to his election agent.


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station. The candidate shall give an advance intimation, in writing, of such appointment

to the Returning Officer. Such appointment of a Polling agent may be cancelled by the

candidate at any time in Form III(D). ]

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-------1. Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the 8 August 20082. Sub rule(4)(5)and (6) of rule 23 ommited by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000

3. Certain words ommited. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.4. Ins. by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000

26. Death of candidate before pollIf a contesting candidate dies and a report of

his death is received by the Returning Officer before the commencement of the poll, the

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

countermand the poll and all proceedings with reference to the election shall becommenced afresh in all respect as if for a new election.

Provided that:

(a)no further nomination shall be necessary in the case of a person who was acontesting candidate at the time of the countermanding of the poll, and

(b)a person who has given a notice of withdrawal af his candidature under rule 22,

before the countermanding of the poll shall be ineligible for being nominated as a

candidate for the election after such countermanding.

27. Uncontested elections.If, after the expiry of the period within which

candidatures may be withdrawn under sub-rule (2) of rule 22, the number of candidates

in the constituency whose nominations have been accepted is equal to or less than. the

number of seats to be filled, the Returning Officer shall forthwith declare such candidate

or all such candidates to be duly elected to fill the seat or the relevant number of seats,

as the case may be, and shall complete and certify the declaration in FORM IV.


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(4) The Ballot papers shall be rejected , if the first preference is not given or is given to

more than one candidate.

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1. Sub rule(2) of rule 28 ommited by Notifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000

2. Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 2008(5) Voters shall write the preferences in figures in the space provided against the name

of candidates either in Marathi or in English. The preference number written in letters

shall not be considered.

(6) The preference shall be written using the article provided by the authorities for that

purpose and the preference written by other article shall not be considered for counting.]

30. BallotBoxEvery box shall be of such design as may be approved by the Collector.

31. Form of the ballot papers.1[(1) In every constituency there shall be different

coloured ballot papers separately for each catagory. The ballot papers shall have thenames of eligible candidates category-wise as per the provisions of rule 55]

(2) Every ballot paper shall be in FORM V.

(3) The name of the candidates shall be arranged on the ballot paper in the same

order in which they appear in the list of ccntesting candidates.

(4) If two or more candidates bear the same name, they shall be distinguished bythe addition of their occupation or residence or in some other manner.

32. Arrangement at Polling Stations.Foreach constituency, there shall be one


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each polling station such other equipment and accessories as may be required for taking

the poll at such polling station.

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1. Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the8 th August 2008

33. Admission to polling Station.The Presiding Officer shall regulate number of

voters to be admitted at any one time inside the polling station and shall exclude

therefrom all persons other than the,-

(a) Polling Officers,

(b)public servants on duty in connection with the election,

(c)persons authorised by the Returning Officer,

(d) candidates, their election agents 1[and polling agents,]

(e) a child in arms accompanying a voter,

(f) a person accompanying a. blind or infirm voter who cannot move without help;

and(g) such other persons as the Returning Officer or the Presiding Officer may employ

for the purpose of identifying the voter under sub-rule (1) of rule 35.

34. Preparation of ballot boxes for poll.(l) Where a paper seal is used for

securing a ballot box, the Presiding Officer shall affix his own signature on the paper

seal and obtain thereon the signatures of such of the Polling Agents present and 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 then secure and seal the box in such manner

that the slit for the insertion of ballot paper therein to remain open


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and bears the labels referred to in sub-rule (5)

(7) The ballot box shall then be closed, sealed and secured and placed in full view of

the Presiding Officer and the Polling Agents.

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35. Identification of voters1) Each voter shall produce at the Polling Station

identity card issued to him by the competent authority, viz,Chief Executive Officer of

the ,Zilla Parishad, Chief Officer of the Municipal Council orNagar Panchayat or1[Commissioner of the Municipal Corporation]-The Identity Card should bear his

photograph, name and signature.

(2) The Presiding Officer at the Polling Station shall identify the voter with the help

of the Identity Card.

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

or the Polling Officer, as the case may be, shall compare the photo on the identity card

and verify the signature.

36. Issue of ballot papers(1) No ballot paper shall be issued to any voter before

the hour fixed for the commencement of the poll.

(2) No ballot paper shall be issued to any voter after the hour fixed for the closing

poll except to those voters who are present at the polling station at the time of the closing

of the poll.

(3) Every ballot paper, before it is issued to a voter,(a) shall be stamped on the back with such distingushing mark as the Collector

may direct, and


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(2) No voter shall be allowed to enter a polling compartment when another voter is

inside it,

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1. Subs. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .2. Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the8 th August 20083.Clause (iv) of rule 37(1) ommited and next clause (v) and (vi) renumbered as (iv)and (v)byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.

38.1[Right to vote.]Each voter shall have a right to vote in the constituency to

which he belongs.2 ***

39. Recording of vote of blind or infirm voter.-(1) If the Presiding Officer is

satisfied that owing to illiteracy or blindness or other physical infirmity, a voter is unable

to read 3[the names] on the ballot paper or 4 [to record preference] thereon without

assistance, the Presiding Officer shall permit the voter to take with him a companion of

not less than eighteen years of age other than a voter in the voters list to the votingcompartment for recording the 4[preference] 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 4[preference] and inserting it into the ballot box:

Provided that, no person shall be permitted to act as the companion of more than

one voter at any polling station on the same day:.

Provided further that, before any person is permitted to act as the companion of a

voter on any day under this rule, the person shall be required to declare in FORM VI

that he will keep secret the 4[preference] recorded by him on behalf of the voter and that


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separate packet.5***

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1. Subs. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .2. Subrule(2) ommited byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 20073. Subs. byNotifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000.4. Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the8 th August 20085. Rule 41 ommited . byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 2008

42. Closing of poll.-(1) The Presiding Officer shall close the polling station at the

hour fixed in that behalf and shall not thereafter admit any voter into the polling station :

Provided that, all voters present at the polling station before it is closed shall be

allowed to cast their votes.

(2) If any question arises whether a voter was present at the polling station before it

was closed, it shall be decided by the Presiding Officer and his decision shall be final.

43. Sealing of ballot boxes after poll.(1) As soon as practicable after the closing

of the poll, the Presiding Officer shall, in the presence of any candidates, or their election

agents1[or polling agents], close the slit of the ballot box and where the ballot box does

not contain any mechanical device for closing the slit, he shall seal up the slit and also

allow any polling agent to affix his seal.

(2) The ballot box shall thereafter be sealed and secured.

(3) Where it becomes necessary to use a second ballot box by reason of the firstballot box getting full, the first box shall be closed, sealed and secured as provided in

sub-rules (1) and (2) before another ballot box is put into use.


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46. Transmission of Ballot Boxes, etc. to the Returning Officer.The Returning

Officer shall make adequate arrangements for the safe transport of the ballot boxes,

packets and other papers, and for their safe custody until the commencement of the

counting of votes.

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1. Ins. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.2. Clause (d) ommited byNotifn.No.DPC1007/CR22/D.1444 dated the8 th August 2008

47. Fresh Poll in case of destruction, etc. of ballot boxes,(1) If at anyelection,

(a) any ballot box used at a polling station is unlawfully taken out of the custody

of the Presiding Officer or the Returning Officer or is accidently 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 ascertaind, or

(b) any such error or irregularity in the procedure as is likely to vitiate the poll is

committed at a polling station, the Returning Officer shall forthwith report the matter tothe Government 1[through Collector.]

(2) The Government upon receipt of such report, or in the circumstances stated in the

sub-rule (1), after taking all material circumstances into account either,

(a) declare the po1l at that polling station to be void, and appoint a day and

fix the hours, for taking a fresh poll at that polling station and notify the day so

appointed and hour so fixed in such a manner as it may deem fit, or

(b) if satisfied that the result of a fresh poll at that polling station will not, in anyway, affect the result of the elections or that the error or irregularity in procedure is not

material, issue such directions to the Returning Officer to take such action as may deem

proper for the election


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Acandidate may appoint in Form VIII (1) a person to be his counting agent at counting

place. The candidate shall give an advance intimation in writing for such appointment to

the Returning Officer. Such appointment of counting agent may be cancelled by

candidate at any time by giving intimation in Form VIII(2).]

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1. Ins. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.2. Subs. byNotifn.No.JNS1099/CR72/D.1444 dated the 5th May 20003. Subrule (2) ommited and subrule(3) and (4) renumbered as (2)and (3) respectively byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007

49. Scrutiny and opening of ballot boxes.(1) The Returning Officer may havethe ballot box or boxes used at more than one polling station opened and the ballot

papers found in such box or boxes counted simultaneously.

(2) 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 or such other seal that

might have been affixed thereon and to satisy themselves that it is intact,

(3) The Returning Officer shall satisfy himself that none of the ballot boxes has, in

fact, been tampered with.(4) If the Returning Officer is satisfied that any ballot box has in fact been tampered

with, he shall not count the ballot papers contained in that box and shall follow the

procedure laid down in the rule 47 in respect of that polling station,

50. Scrutiny and rejecton of ballot paper.(1) The ballot paper taken out of each

ballot box shall be arranged in convenient bundles and scrutinised,

(2) The Returning Officer shall reject a ballot paper (a) if it bears any mark or

writing by which the voter can be identified; or1[(b) if the first preference is given to more than one candidate or is not given to

any candidate or preferences are written in letters or

(c) preferences recorded thereon is placed in such a manner as to make it doubtful


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(3) Before rejecting any ballot paper under sub-rule (2), the Returning Officer shall

allow, each election agent2[or counting agent] present, a reasonable opportunity to

inspect the ballot paper.

(4) The Returning Officer shall record on every ballot paper which he rejects the

letter R and the grounds forrejection in abbreviated form either in his own hand or bymeans of a rubber stamp.

(5) All ballot papers rejected under this rule shall be bundled together.

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1. Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 2008

51. Procedure for counting of votes.(1) The Counting of votes shall be done byand under the supervision of the Returning Officer, with the assistance of such persons

as he may appoint to assist in the counting of votes.

(2) After each ballot box is opened for counting, clearly valid 1[ballot papers] shall

he separated from invalid and doubtful 1[ballot papers]. The invalid and doubtful 1[ballot

papers] shall be submitted to the Returning Officer for decision. The valid1[ballot

papers] shall thereafter be taken for counting and the 2[preferences recorded] in favour of

each candidate shall be counted with the aid of persons appointed to assist in thecounting of votes.

(3) The Returning Officer shall allow the candidates and their Election Agents or

counting agents, who may be present reasonable opportunity to inspect all1[ballot

papers], which in the opinion of the Returning Officer, are liable to be rejected, but shall

not allow them to handle those or any other1[ballot papers]. The Returning Officer shall

on every 1[ballot paper] which is rejected endorse the letter R". If any candidate or his

Election Agent3

[or counting agent] questions the correctness of the rejection of any1[ballot paper], the Returning Officer shall also record briefly on such

1[ballot paper]

the grounds for its rejection.

52 Method of counting of votes2[(1) (a) After scrutiny of the ballot papers


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No.of candidates to be elected + 1

Note :- After division the remainder in fraction should be ignored.

(d) After counting the votes according to the first preference, those candidates

who have attained the quota shall be declared as elected. When number ofcandidates who shall attain the quota is equal to the seats to be filled, then there

shall be no necessity of further counting.

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1. Subs. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.2. Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the8 th August 2008

(e) If at the end of any count or at the end of the transfer of any parcel or

sub-parcel of an excluded candidates, the value of ballot papers credited to a candidate is

equal to or greater than the quota, then that candidate shall be declared elected.

(f) When one seat is to be filled and no candidate has been elected in first round

then delete the candidates one by one having minimum votes and transfer their votes to

the continuing candidates on the basis of next preference recorded. The ballot paper on

which no preference has been recorded or not written in proper method or same

preference has been given to more than one candidate then those ballot papers shall be

deemed to be exhausted for further counting.

(g) When more than one seat has to be filled and in first round the sufficient

candidates are not elected then the surplus votes of the elected candidates has been

transferred to the continuing candidates on the basis of the next preferences recorded

thereon. If more than one candidate has a surplus, the largest surplus shall be dealt with

first and the others in order of magnitude:

Provided that, every surplus arising on the first count shall be dealt with beforethose arising on the second count and so on.

(h) When there are more surpluses than one to distribute and two or more


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(m) If the surplus of any candidate to be transferred arises from transferred as

well as original votes, the Returning Officer shall reexamine all the papers in the

sub-parcel last transferred to the candidate, divide the unexhausted papers into

sub-parcels according to the next preferences recorded thereon and then deal with the

sub-parcels in the same manner as is provided in the case of sub-parcels referred to inclause (h), (j), (k) and (l).

(n) The papers transferred to each candidate shall be added in the form of

sub-parcel to the papers already belonging to such candidate.

(o) All papers in the parcel or sub-parcels of an elected candidate not transferred

under this rule shall be set apart to be finally dealt with.

(p) (i) If all surpluses have been transferred as herein before provided, the number

of candidates elected is less than the required number, the Returning Officer shallexclude from the poll the candidate lowest on the poll and shall distribute his

unexhausted papers among the continuing candidates according to the next preferences

recorded thereon; and any exhausted papers shall be set apart to be finally dealt with.

(ii) The papers containing original votes of excluded candidate shall first be

transferred, the transfer value of each paper being one hundred.

(iii) The paper containing transferred votes of an excluded candidate shall then be

transferred in the order of the transfers in which, and at the value at which, he obtainedthem.

(iv) Each of such transfers shall be deemed to be a separate transfer but not a

separate count.

(v) If, as a result of transferof papers, the value of votes obtained by a candidate

is equal to or greater than the quota, the counting proceeding shall be completed and no

further papers shall be transferred to such candidate.

(vi) Till the required number of candidates are not elected by way of either

obtaining required value of votes as per the provision contained in the foregoing para,

action prescribed in preceding para, one by one shall be followed.

(vii) If, at any time, it becomes necessary, to exclude a candidate and two or more


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which of them shall be excluded; and after excluding him in the manner aforesaid,

declare the other candidate to be elected.

(iv) When the votes obtained by some candidate is more than the total votes

of continuing candidates and untransferred votes then this candidate shall be declared

elected;(2) After the counting of all 1[ballot papers] contained in all the ballot boxes used has

been completed, the Returning Officer shall cause to be sealed in separate packets with a

description endorsed on such packets of the 1[ballot papers] counted and that 1[ballot

papers] rejected.

-----------------------------------------------------------------------------------------------------------

---------


(3) The Returning Officer shall as far as practicable proceed continuously with the

counting of the votes and shall during any intervals when the counting has to be

suspended, keep the1[ballot papers], packets and other documents relating to the

election, sealed with his own seal and seals of such candidates or election agents 2[or

counting agents] as may desire to affix their seals and shall cause adequate precautions

to be taken for their safe custody.

(4) After the counting of1[ballot papers] contained in all the ballot boxes used at all

the polling stations has been completed, the Returning Officer shall prepare a

consolidated statement recording therein the total number of votes polled by each

candidate.

53. Recommencing of counting of fresh poll.-(l) If a fresh poll is held under rule

47, the Returning Officer shall, after completion of that poll, recommence the counting

of votes on the date and at the time and place which have been fixed by him in that

behalf and of which notice has been previously given to the candidates and their electionagents.

(2) The provisions of rules 40, 44 and 47 shall apply so far as may be to such


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(b) amend the result sheet in FORM IX to the extent necessary after such

recount;and

(c) announce the amendments so made by him.

(6) After the 3[cronology by which the candidate is elected or excluded in each round]

has been announced under sub-rule (1) or sub-rule (5), the Returning Officer shallcomplete and sign the result sheet in FORM IX and no application for a recount shall be

entertained thereafter:

-----------------------------------------------------------------------------------------------------------

------


2. Ins. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.3. Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 20084. Ins. byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 2008Provided that, no step under this sub-rule shall be taken on the completion of the

counting until the candidates and election agents present at the completion thereof have

been given a reasonable opportunity to exercise the right conferred by sub-rule (2).1

[55 Declaration of result..(1) The Returning Officer shall, after recording thevalid votes of each candidate, categorywise declare the names of the elected candidates

in the following sequence, namely :-

a) Scheduled Caste (Women);

b) Scheduled Caste:

c) Backward Class of Citizens (Women);

d) Backward Class of Citizens;

e) Scheduled tribes;f) General (Women);

g) General.2***


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custody the packets referred to in rule 45 and all other papers relating to the elections.

58. Production and inspection of election papers.(1) While in the custody of

Returning Officer.

(a) the packets of unused ballot papers;

(b) The packets of used ballot papers whether valid, 4*** or rejected;(c) The packets of marked copies of the voters list; shall not be opened and their

contents shall not be inspected by, or produced before any person or authority, except

under the order of the Commissioner or a Court or other Competent Authority.

(2) All other papers relating to the election shall be open to public inspection.

-----------------------------------------------------------------------------------------------------------

---------

1. Subs. byNotifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000.2. Sub-rule (2) omitted byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 20083. Subs. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .4. Word tendered omitted byNotifn.No.DPC1007/CR22/D.1444 dated the8 th August 200859. Disposal of election papers.(1) The packets referred to in rule 57 shall be

retained for a period of one year and shall thereafter be destroyed subject to any

direction to the contrary given by the Commissioner or a Court or other Competent

Authority.(2) All other papers relating to the election shall be retained until the termination of

the next election for the constituency to which they relate and shall thereafter be

destroyed subject to any direction to the contrary given by the Commissioner or a Court

or other Competent Authority.

60. Casual vacancies, how to be filled in.-In the event of vacancy occuring on

account cf death, resignation, disqualification the member secretary of the Committee

shall forthwith communicate the occurrence of the vacancy1

[to the government] andsuch vacancy shall he filled in by holding bye-election in the like manner.

61. Determination of validity of election.-(1)No validity cf list of voters or the

ll t t f t t tit i d ti t b d d th A t d


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following persons as the non-applicant :-

(a) where the applicant in addition to claiming a declaration that the election of all

or any of the returned candidates is void, claims a further declaration that he himself or

any other, candidate has been duly elected, all the contesting candidates other than the

applicant and where no such further delcaration is claimed all the returned candidates;and

(b) any other candidate against whom allegations of any corrupt practice are made in the

application.

* * * * * *

-----------------------------------------------------------------------------------------------------------1. Subs. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .

PART II

1. Short Title.These rules may be called the Maharashtra District Planning

Committees (Conduct of meetings) Rules, 1999.

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

(a) Act means the Maharashtra District Planning Committees (Constitutions and

Functions) Act, 1998;

(b) Chairperson means the Chairperson of the District Planning Committee asprovided in sub section (4) of section 3 of the Act;

(c) Committee means the District Planning Committee;

(d) Government means the Government of Maharashtra;


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(2) If within half an hour after the time appointed for the meeting of the Committee,

there is no quorum, the meeting shall be adjourned to half an hour on the same day and

at the same place and the business on the agenda of the said meeting shall be transacted,

whether there is a quorum or not:-

(a) If all the business on the agenda of the meeting of the Committee cannot betransacted on the appointed day on which the meeting is held, the Chairperson of the

Committee, may convene the meeting on the subsequent day.

6. Restrictions on attending the meeting by proxy-No proxy or a holder of

Power of Attorney or letter of Authority, shall be eligible to attend a meeting of the

Committee on behalf of any member of the Committee.

7. Decisions of the Committee.Alldecisions at a meeting of the Committee as

far as possible shall be arrived at by general consensus, however, in case ofdisagreement, the matter will he decided by simple majority of those present at the

meeting. For the purpose of voting, every member shall, have one vote and the voting

shall be by raising of hands. In case of an equality of votes, the Chairperson shall have

and exercise a second or casting vote.

8. Minutes of the meeting.--TheMember-Secretary shall record the minutes cf

the meeting and the same shall be put up as a first item on the agenda for confirmation in

the subsequent meeting. The Member Secretary and the Chairperson, shall put theirsignatures on the register of meeting to authenticate the same,

9. Custody of the records cf the Committee.All records of the Committee shall

be in the custody of the Member Secretary.

10. Maintaining of order at Committees meeting.The Chairperson shall

preserve order at a meeting and shall have all powers necessary for the purpose of

enforcing his decision. The Chairperson may direct any member who refuses to obey his

decision or whose conduct is, in his opinion, grossly disorderly, to withdrawimmediately from the meeting and any member so ordered to withdraw shall do so

forthwith and shall absent himself during the reminder of the days meeting.


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1[FORM-I

List of Voters

............................... District Planning Committee

............................... Constituency

Sr.No.

Name ofcandidate

Sex Age Period ofTenure *

Whether elected fromReserve or Open

constituency

Identity cardNo.

(1) (2) (3) (4) (5) (6) (7)

1

2

3

4

Electoral roll Published on :...............................................................................................


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FORM I-A(Seerule No.13)

Notice of Election

Notice is hereby given that -

(1) an election is to be held for electing members to the District Planning Committee for

......................................... ............................................................................................... the

Rural/Larger Urban/Smaller Urban/Nagar Panchayat Constituency ; or

(1) an election is to be held for electing member(s) to the..........................................................................................................................................................

........ by the elected members of Z.P./Larger Urban/Smaller Urban/Nagar Panchayat.

(2) nomination papers may be delivered by candidate or his proposer to the Returning

Officer ........................ ................................... or Assistant Returning Officer at

........................................................... between 11.00 a.m. and 3.00 p.m. on any day (other than

public holiday) not later than the ......................................................................

(3) forms of nomination paper may be obtained at the place and times aforesaid ;


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-------------------------------------------------------------------------------------------------------------------

1[FORM II

(SeeRule No.15(2))

NominationPaper

Election to the District Planning Committee

I, nominate as a candidate for election to the District Planning Committee from theRural/Larger Urban/Smaller Urban/Nagar Panchayat

......................------------------------------------------------------ constituency.

Candidate's name .......................................................................................................Father's/Mother's/ Husband's name ......................................

His/her postal address ................................................................

........................................................................................

His/her name is entered at Sr. No. ..................... in part No. .............. for the Rural/Larger Urban/ Smaller Urban / Nagar Panchayat Constituency in the district......................

My name is ................................................................ and it is entered at Sr. No.

................ in part No. ................... for the electoral roll for Rural /Larger Urban/SmallerUrban/Nagar Panchayat Constituency in the district.

2***

Date 3[(Signature of Proposer)]------------------------------------------------------------------------------------------------------------------

I, the above mentioned candidate assent to this nomination hereby declare,( ) th t I h l t d


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-----------------------------------------------------------------------------------------------------------

-------


2. Certain words ommited. byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.3 Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the8 th August 2008

FORM II-A(See Rule No. 18)

Receipt for Nomination Paper and1[Notice] of Scrutiny

(Tobe handed over to the person presenting the nomination paper)

Serial No. of nomination paper ............................................

Thc nomination paper of ......................................... a candidate for election from

the Rural / Larger Urban/Smaller Urban/Nagar Panchayat .............................

constituency was delivered to me at my office at ............................... (hour) on

........................................ by

the candidate/proposer. All nomination papers will be taken up for scrutiny at

............................ (hour) on ............................. (date) at ............................... (place).


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-----------------------------------------------------------------------------------------------------------

-------


1[FORM-II-A (1)(Seerule No.18)

List of candidates who have submitted Nomination forms..................................... District Planning Committee

.................................... Constituency2{ ..................................... Category }

Sr. No. Name of

candidate

Candidate's

Address

Nam

e of

Proposer

(1) {(2)} {(3)} {(4)

}

1

2

3

4

Place :


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Place : .......................................

Date : ...................................... Returning Officer.

-----------------------------------------------------------------------------------------------------------

------


2. Ins.byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.3. Column(2) Name of constituency ommited and column (3)(4)and (5) renumbered as column(2)(3) and (4)

respectively.byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007

1[FORM-II (C)(SeeRule No.20)

List of valid Nominations

..................................... District Planning Committee

..................................... Constituency

2{ ..................................... Category}

Sr.

No.

Name of

candidate

Name of Father/

Mother/Husband

Cand

idate'

s


31/42

-----------------------------------------------------------------------------------------------------------

-------


2. Ins.byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.

FORM II-D(See Rule No, 22)

Notice of withdrawal of Candidature

Election to the ......................................... District Planning Committee

The Returning Officer,

I ............................................................................candidate validly nominated at

the above election do hereby give notice that I withdraw my candidature.


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The notice of withdrawal of candidature by .............................................................

a validly nominated candidate at the election to the ........................................................

District Planning Committee was delivered to me by the ............................................. at

my office at ................................ (hour) on .............................................. (date).

Returning Officer.

1[FORM-III

(SeeRule No.23(1) )

List of candidates

Election of ............................. District Planning Committee

..................................... Constituency2

{ ..................................... Category }

S N f did t C d


33/42

Date : .............................. Returning

Officer

-----------------------------------------------------------------------------------------------------------

-------


2. Ins.byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.

FORM-III-A

(See Rule No. 25(1))

Appointment of Election Agent


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Date : .................................... Signature of election agent.

Approved

Signature and Seal of theReturning Officer.

--------------------------------------------------------------------------------------------------------------------------------------------------------------

(See rule No. 25(2))

Revocation of Appointment of Election Agent

Election to the .......................................... District Planning Committee

To,


................................................ a candidate at the above election,

hereby revoke the appointment of ......................................................., my election agent.

Place : .............................................

Date : ............................................. Signature of candidate.

1[FORM III-(C)

(See rule No, 25(A))

Appointment of Polling Agent

Election of ..................................... District Planning Committee

To,The Returning Officer,


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1[FORM III-(D)

(See Rule No. 25(A) )

Revocation of appointment of Polling Agent

Election to the ............................. District Planning CommitteeTo,

The Presiding Officer,

I, ................................................................................ a candidate

at the above election 2{counting agent of }.............................................

hereby revoke the 3{appointment of my Polling agent }..............................

Place : ................................................

Date : ................................................ Signature of person who

revoke the appointment. ]

-----------------------------------------------------------------------------------------------------------

-------


2. Ins.byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.3 Subs.by Notifn.No.DPC1007/CR22/D.1444 dated the 8

thAugust 2008

FORM IV

(See rule No. 27)

(for use in election when seat is uncontested)Declaration of the result of Election under rule 27 of theMaharashtra

District Planning Commitee(Election) rules, 1999.


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Place : ............................

Date : ............................ Signature ...............................

Returning Officer.

1[FORM V

(See rule No. 31 (2))

Form of Ballot Paper

Sr. No. ..............................


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Sr.No. Name of Candidate Record the preference in

figure

(1) ( )

(2) ( )

(3) ( )

Note,There shall be different coloured Ballot papers in each Constitutency for each

category. ]

-----------------------------------------------------------------------------------------------------------

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1. Subs.byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 2008

FORM VI(See rule No. 39 (1)]

Declaration of the Companion of blind or Infirm Elector


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FORM VI-A

(See rule No. 39 (2))

List of Illiterate, Blind or Infirm VotersElection to the ..................................... District Planning Committee

........................... from the Constituency ............................................Number and Name of Polling Station .................................................

........................... constituency/Name of the place of poll .......................

[Part] No. & SerialNo. of elector

Full Name ofelector

Full name ofcompanion

Address ofcompanion

Signature ofcompanion

1 2 3 4 5

Place :.................................

Date : ................................ . Signature of PresidingOfficer,

-------------------------------------------------------------------------------------------------------

1. Subs.byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 2008

2. Subs.byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .

1***

FORM VIII(See rule No. 44 (1))

Ballot Paper Account


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(a) Ballot papers cancelled for violation of voting

procedure under rule 40.

(b) Ballot papers cancelled for other reasons.1***

* [Total: (a + b ) ]. __

5, *Ballot papers to be found in the ballot box (3-4 =5).

Place: ...........................................

Date : ........................................... Signature of Presiding Officer.

-----------------------------------------------------------------------------------------------------------

------

1. Form VII and Clause 4(c) omitted byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 2008

2. Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 2008

1[FORM VIII(1)

(See Rule No. 48-(A))

Appointment of Counting AgentElection of ........................................... District Planning Committee

To,The Returning Officer,

I did / l i f


40/42

Revocation of appointment of Counting Agent

Election of ......................................... District Planning Committee.

To,


I ....................................................................................................... a Candidate of

the above election/election agent of .............................. hereby revoke the appointment of

my Counting Agent ..........................

Place : .............................................

Date : ............................................. Signature of Candidate/

Election Agent.]

-----------------------------------------------------------------------------------------------------------

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1. Subs.byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007 .1[FORM-IX

(SeeRule No.55)

Final Result Sheet

..................................... District Planning Committee

.................................... Constituency2

{.................................... Category }Total No. of voters

Sr. No. Name of candidate {Cronology by

hi h did t


41/42

2

3

4

Place : ...............................

Date : .............................. Returning Officer.]

-----------------------------------------------------------------------------------------------------------

-------

1. Subs. byNotifn.No.JNS1099/CR72/D.1444 dated the 5th May 2000.2. Ins.byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 2007.3.Subs. byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 2008

4. Column(3) Sex and column(4) Category ommited and column (5) renumbered as column(3) byNotifn.No.JNS2000/CR72/D.1444 dated the 9th April 20075.Words "Numer of tendered votes" ommited byNotifn.No.DPC1007/CR22/D.1444 dated the 8 th August 2008


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FORM -X

(See Rule (51)(1)

RETURN OF ELECTION COUNTINGElection to the District Planning Committee

The result of the polling and the transfer of votes is as follows:-Category :-

Number of valid votes :-Number of Members to be elected :-

Quota (Number of votes sufficient to secure the election of a candidate) :-

Sr.No.

Name ofCandidates

First count Second count Third count Fourth count Fifth count Serially nextcounts

Name ofelectedcandidatesandorder ofelection

Votespolled

by eachcandidate

Transfer

of

Result Transfer

of

Result Transferof

Result Transferof

Result Transferof

Result

1

2

3

4

5

6

Non-transfer-able papers/ExhaustedvotesLoss due to

fraction

Total

dpc election rules 31-7-2008

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