State Election Commission, karnataka

The Karnataka Municipalities (Election of councillors) Rules, 1977

Conduct of Election of Councillors

Rule : 3. Conduct of Election :

(1) Election to the city Municipal Council, Town Municipal Council, and Town Panchayat shall be conducted under the superintendence, direction and control of the State Election Commission.

(2) Subject to the superintendence, direction and control of the State Election Commission, the Deputy Commissioner of the District (hereinafter referred to as Deputy Commissioner) shall co-ordinate and supervise all work in connection with the conduct of election to the city Municipal Council, Town Municipal Council and Town Panchayat. The Deputy Commissioner shall also perform such other functions pertaining to the said elections as may be entrusted to him by the State Election commission.

Rule : 3.A. List of Voters :

(1) The officer designated under sub section (2) of section 14 shall split up the list of voters for each "ward of municipal area" or "Town Panchayat" into one or more parts taking into consideration the area within the "ward" wherein, the voters to be included, in each part reside, so that the voters included in each belong to a named area, street or road within the "ward" and the list of voters of the electoral roll so split up in respect of the several part of the ward of municipal area will together constitute the list of voters for such ward.
(2) and (3) omitted

(4) A copy of such list of voters in respect of each "ward" shall be published on the notice board and shall also be kept open for inspection in the office of the Municipal Council.

Rule : 9. Recognition of political Parties.

Every political party recognised by the Election Commission of India as a National Party or as a State Party in the State of Karnataka under the Election Symbols (Reservation and Allotment) Order, 1968 shall be recognised political party for the purpose of election to Municipal Councils and Town Panchayats.

Rule : 10. Publication of A list of Recognised Political Parties And symbols.

For the purpose of these rules the State Election Commission shall publish by notification a list of recognised political parties and symbol reserved to each such recognised political party and a list of free symbols.

Rule : 11.Allotment of symbols

(1) A candidate set up by a recognised Political Party in the election shall choose, and shall be allotted, symbol reserved for that party and no other symbol.

(2) A reserved symbol shall not be chosen by or allotted to any candidate other than a candidate set up by a recognised political party.

(3) Any candidate other than the candidate set up by a recognised political party in the election shall choose and shall be allotted in accordance with the rules herein after provided, one of the symbols specified as free symbols :

Provided that in the case of a candidate set up by an unrecognised political party in an election shall be allotted the free symbol chosen by such candidate and no one else and in case candidate set up by two or more un-recognised political parties choose the same free symbol, the returning officer shall decide by lot to which of those candidates set up by such unrecognized political parties that free symbol shall be allotted and allot that free symbol to the candidate to whom the lot falls and to no one else. The remaining free symbols shall be allotted to other candidates.

Explanation : For the purpose of this rule and rule 10A, the expression "Unrecognized political party" means a political party registered as a political party under section 29A of the Representation of People Act 1951 (Central Act 43 of 1951) and having its registered office or a branch office in Karnataka and which is not a recognised national party or a recognised state party in Karnataka within the meaning of the Election symbol (reservation and allotment) order 1968.

(4) Where any free symbol other than the one chosen by a candidate set up by an unrecognised political party has been chosen by only one candidate at the election, the returning officer shall allot that symbol to that candidate and to no one else.

(5) If the same free symbol other than the one chosen by a candidate set up by any unrecognised political party is chosen by more than one candidate.

(a) the returning officer shall decide by lot of which of those candidates that free symbol shall be allotted and shall allot it to the candidate, to whom the lot falls and to no one else;
(b) Where there are more number of candidates than the number of free symbols specified, the returning officer shall allot any other symbol in his discretion to the remaining candidates.

Explanation : For the purpose of these rules a candidate shall be deemed to be set up by a political party, if and only if,

(a) The candidate has made a declaration to that effect in his nomination paper; and
(b) a notice in writing to that effect has been delivered to the returning officer before 3 O' clock in the afternoon on the last date for withdrawal of candidature; and

(c) the said notice is signed by the President or the Secretary or any other officer bearer of the party and the President, Secretary or such other office bearer is authorised by the party to send such notice and the name and specimen signature of the President, the Secretary or such other office bear are communicated in advance to the returning officer of the ward and to the State Election Commission. In the case of the national party the authorisation may be made by the President or Secretary of the party's unit at the state level any other office bearer of unit who is empowered by it.

Rule : 14. Nomination of candidates for election:

Any person may be nominated as a candidate to fill a seat in any of the wards of a City Municipal Council, Town Municipal Council or Town Panchayat if he is qualified to be chosen to fill that seat under the provisions of the Act.

Rule : 15. Presentation of nomination paper :

1) (a) On or before the date appointed under Rule 8 for making nominations, each candidate shall either in person or by his proposer, between the hours of eleven O' Clock in the forenoon and three O' clock in the afternoon deliver to the returning officer at the place specified in this behalf in the public notice referred to in rule 8, a nomination paper duly completed in Form 2 and signed by the candidate and by a voter of the ward as proposer.
Provided that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.

(2) In a ward where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying in the case of seat reserved for Scheduled Castes or Scheduled Tribes or Backward Classes that he is a member of any of the Scheduled Castes or Scheduled Tribes or Backward Classes and in the case of a seat reserved for women that the candidate is a woman.

(3) Where the candidate is a person to whom the provisions of clause (a), (d) or (f) of sub-section (1) of Section 16 or the clause (o) thereof are applicable and period of four years or five years, as the case may be has not elapsed. Such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a copy of the orders of the Government issued under proviso (c) to the said sub-section (1) or clause (o) of the said sub-section.

(4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the list of voters.

Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place mentioned in the list of voters or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers or any such person in the List of voters or the nomination paper shall affect the full operation of the list of voters or nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place in such as to be understood and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary direct that any such misnomer, inaccurate, description, clerical, technical or printing error in the list of voters or in the nomination paper shall be overlooked.

(5) Where the candidate is a voter of a different ward, a copy of the list of voters of that ward or of the relevant part thereof or a certified copy of the relevant entries in such list shall unless, it has been filed along with the nomination paper, be produced before the returning Officer at the time of scrutiny.

(6) Nothing in this rule shall prevent any candidate from being nominated by more than one nomination paper, provided such nominations shall not exceed four.

Rule : 15A. Receiving nomination

Receiving nomination in case of seats reserved under the provisos to sub-section (3) of section 11, -Notwithstanding anything contained in these rules, where a seat is reserved under the provisions to sub-section (3) of section 11.-

(i) for persons belonging to category "A" of the Backward Classes, the Returning Officer may accept nomination papers from persons belonging to both category A and Category B of the Backward Classes, but shall return the nomination paper filed by a person belonging to Category "B" along with the deposit made in case nomination paper is received from any person belonging to category A, before the expiry of the date and time fixed for making nomination, so however, he may proceed to consider the nomination paper filed by a candidate belonging to category 'B' only, when no nomination paper is received from a person belonging to category A before the expiry of the last date and time fixed for making nomination.

(ii) for persons belonging to category B of the Backward Classes, the Returning Officer may accept nomination papers from persons belonging to both category A and category B of the backward classes but shall return the nomination paper filed by the person belonging to category A along with the deposit made in case nomination paper is received from any person belonging to category B before the expiry of the date and time fixed for making nomination so however, he may proceed, to consider, the nomination paper filed by a candidate belonging to category A only when no nomination paper is received from a person belonging to category B before the expiry of the date and time fixed for making nomination".

Rule : 17. Deposits by candidates :

(1) A candidate shall not be deemed to be duly nominated for election from any ward unless he deposits or causes to be deposited

In the case of an election to a city Municipal Council a sum of One thousand rupees or where the candidate is a member of the Backward Classes or Scheduled Castes or Scheduled tribes or is a woman a sum of five hundred rupees:
In the case of an election to a Town Municipal Council or the Town Panchayat a sum of Five hundred rupees or where the candidate is a member of the Backward Classes or Scheduled Castes or Scheduled Tribes or is a woman, a sum of Two hundred and fifty rupees.
Provided that where the candidate is nominated by more than one nomination paper for election in the same ward, not more than one deposit shall be required of him under this sub-rule

(2) Any sum required to be deposited under sub-rule (1) shall not be deemed to have been deposited unless at the time of delivery of nomination paper under sub-rule (1) of Rule 15, the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a Government treasury or in any branch of the State Bank of India.

Rule : 21. Preparation and publication of list of contesting candidates :

(1) Immediately after the expire of the period within which candidatures may be withdrawn under sub-rule (1) of rule 20, the returning officer shall prepare and publish in Kannada language in Form 7 a list of the contesting candidates that is to say candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidatures within the said period:
Provided that the State Election Commission may direct that in any election, the list of contesting candidates may be prepared in a language other than Kannada.
(2) The said list shall contain the names in Kannada alphabetical order and the addresses of the contesting candidates as given in the nomination paper.

(3) Where a poll becomes necessary, the returning officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall allot the symbols in accordance with rule 11.

(4) The allotment by the returning officer of any symbol to a candidate under these rules shall be final.

(5) Every candidate or his election agent shall forth with the informed of the symbol allotted to the candidate and be supplied with a specimen thereof by the returning officer.

(6) The returning officer shall immediately after preparation of the list of contesting candidates, cause a copy of the list to be affixed in a conspicuous place in his office.

Rule : 22. Election Agent

(1) A candidate at an election may appoint an election agent in Form 8 and notice of such appointment shall be given by forwarding the same in duplicate to the returning officer who shall return one copy thereof to the election agent after affixing thereon his seal and signature in token of his approval of the appointment.

(1A) A person who is for the time being disqualified under the Act for being a councillor of the Municipal Council or Town Panchayat shall so long as the disqualification subsists, also be disqualified for being appointed as an election agent under sub-rule(1);

(2) Any revocation of the appointment of an election agent shall be made in Form 9 and shall be signed by the candidate and shall operate from the date on which it is lodged with the returning officer.

(3) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, the candidate may at any time before the election is over make a fresh appointment in the manner specified in sub-rule (1) another person to be his election agent and when such appointment is made, notice of the appointment shall be given in the manner laid down in sub-rule (1) to the returning officer.

(4) An election agent may perform such function in connection with the election as are authorised by or under the Act or these rules to be performed by an election agent.

23. Polling Agent

(1) A contesting candidate or his election agent may appoint in Form 10 one agent and two relief agents to act as polling agents of such candidate at each polling station. The order of appointment shall be made over to the polling agent for production at the polling station.

(2) No polling agent shall be admitted into the polling station unless he has delivered to the presiding officer the instrument of his appointment under sub-rule (1) after duly completed and signing before the presiding officer the declaration contained therein.

35. Design of Ballot boxes

Every ballot box shall be of such design as may be approved by the State Election Commission.

36. Form of Ballot paper

(1) Every ballot paper shall have a counterfoil attached thereto and the said ballot paper and the counterfoil shall be in such form and the particulars therein shall be in such language or languages as the State Election Commission may direct.

(2) The names of the Candidates shall be arranged on the ballot paper in the same order in which they appear in the list of contesting candidates.

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

38. Admission To polling Stations.

The presiding officer shall regulate the number of voters to be admitted at any one time inside the polling station and shall exclude therefrom all persons, other than

(a) polling officers;

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

(d) candidates, their election agents and subject to the provisions of rule 23 one polling agent of each candidate

(e) a child in arms accompanying an voter

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

(g) such other persons as the returning officer or the presiding officer may employ under rule 40 or rule 41.

Rule: 44. Issue of ballot papers to Electors:

(1) Every ballot paper before it is issued to an elector, and the counterfoil attached there to shall be stamped on the back with such distinguishing mark as the State Election Commission may direct, and every ballot paper, before it is issued, shall be signed in full on its back by the presiding officer.

(2) at the time of issuing a ballot paper to an elector, the polling officer shall ;

record on its counterfoil the voter list number of the elector as entered in the marked copy of the list of voters.
obtain the signature or thumb impression of that elector on the said counterfoil and
mark the name of the elector in the marked copy of the list of voters to indicate that a ballot paper has been issued to him, without, however, recording therein the serial number of the ballot paper issued to the elector
provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb impression on the counterfoil of that ballot paper.

(3) It shall not be necessary for any presiding officer or any polling officer or any other officer to attest the thumb impression of the elector on the counterfoil.

(4) No person in the polling station shall note down the serial numbers of the papers issued to particular electors.