VI

(Seerule 5) anchayats :— . r‘ V V \ ScnalNo. Name 0: Nagar Pancnayat Ajnala ...\ooo\10\V-4>“'N o HHD—‘Ir—lb—‘H (nun—LtpwH NHo—au—n O\ooo\1 NNNNNN aubquoH NNN OOON beJ NO LRfl’J—Gow. Press,U. W .. ‘i‘brrI Zi {a hp ur. ' _ * HM Badani Kalan Bagha Purana Bariwala Begowal BnflKhi Bhogpur BhulaLh Cheema Dhjlwan Dirba Ghagga Ghanaur Goraya — ‘ Handiyaya . Khammo ICmnaLm' Khem Karan Lohian Machhiwara A'Iahflpu: Makhu 'Maloud Mullanpur Dakha Afunak Raja Sansi Rafi/a Sahne‘yva] Sardulgarh Shahkot v fl '5? (mg Principai Secretary to Government ofPunjab, ' Dcpanmcm ofLoca} Government 77, Old. “m " a! i, V _ ‘ .-.:l) lig'nicipal (President and Vice-President) Election Rules, 1994, Rule ‘ "f/Purzjab M’urzicz’pal (President-and Vice—President) Election Rules, Published vide PunjabGovernment Legislative Supp/imam Part [I] dated 17-11-94 1. Short title and commencement. - (1)Th'eserules may be called the Punjab Mu-r nic1pal (President and Vice-President) Election Rules, l994. (2) They shall come into force at once. 2. Definitions. - in these rules, unless the context otherwise require, ‘- (a) ‘Act’ means the Punjab Municipal Act, 1911; (b) ‘Election’means Election ofa President and Vice-President ofa Munici- ‘pallty; . . (c) ‘Deputy-Commissioner’ means Deputy Commissioner oftheconcemed ' district: ~ (d) ‘Government’ means the Government ofthe State of Punjab in the De- partment of Local Government; and (e) ‘Gazetted Officer" means a Government servant belonging to any All In- dia Spemalist or State Service or any other Government servant holding a post which may have been declared by the competent authority to be a Gazettcd post. ‘ 3. Manner ofelection. - [(l) The Deputy Commissioneror any other officer au- thorised by him in this behalf(here—in-after referred to as the Convener) shall, within , a period of [fourteen] days‘ofthe publication ofthe notification ofthe election of members ofa newly constituted Municipality, fix, by giving not less than forty-eight hours notice to be served at the ordinary place o'fresidence ofall the elected members, a date for convening the firSt meeting ofthe elected members of such Municipality by stating in the notice that at such meeting, the oath of allegiance will be adminis- tered to the members present and also stating that the President and Vice-Pre idem or Vice-Presidents as the casgmw [Provided that all subsqus tofill casual vacancies ofthe offices of President and Vice—President ofVice~Presidents as the case maybe, shall be convened'by the Convenerl‘ ' (2) If due to any reason,theelected member is unable or refused to take oath ofal~ 'legiance as required by sub—rule (1) within the stipulated period, then he vvill be allowed to take such oath of allegiance in the subsequent meeting unless, he de- barred from taking the same by the Government for any ”reason. In case any: sbich l. Substituted for "ninety" vide-Punjab Govt. Notification No. G.SiR.lO/P.A.3/lllS.240/Amd.(S)/2003, dated 28.2.2003. . _ 2. Added vide Punjab Govt. Notification NO. GER,iDIPAJHl/S.240,/.1\md.(5)/2003, dated 28.2.2003. ‘ __ Mimi—M Asun—n—zu 'n- .: , . n. “-— "P:.“.-1m:zmwe.:,'~:/‘rv'~tc t s a...” ,"_'Z"'rjv'.'»rw:v.. r~~~,~-- . . _ ....., A”, ,..., , . ., ._.__- _ ,giPurzjab Municipal (Presidentand Vice-President) Election Rules, 1994, Rule4 , . l /é‘rn"bcr does not take the oath ofallegiance as aforesaid, then /onstituency to which that member represents, shall be held] 1,. i t t 5. l | . p fresh election to the 2[4. Voting by show of hands. -.(1) The voting for the offi ces of President, Senior Vice-President any Vice- President, as the case maybe, sha ll be by show of hands. cncdundcr rule 3, shall keep a brief . r_‘ ""L"""..".":. 1. , _ (2) The person presiding ovlerlthe meeting conv record in writing] . .u..-u / COMMENTARY "No confidence motion". - Passing of"i\’o confidence motion" is almost akin to e1 free-bearer - Such resolution cannot be passed by mere ballot - It is specifically provided in the election rulesth secrecy shall be ensured -Resolution passed by raise ofh cannot be sustained.’ ecting an ofv raise of hands - Voting shall be bysecret at the voting shall be by ballot and utmost ' and despite strong objections - Resolution Manner of voting by ballot. - identity ofvoter - Rule requiring election by ballot by writin . ‘yes‘and‘no’ on the ballot paper specially used for such voting - Original proceedings ofelectioh in Punjabi scriptmentioned that the voters were allowed to writ in Punjabi ‘haan’or ‘naah’havinf same meaning when translated in English - Votes containing .‘haan’or ‘naah’ in place of‘yes’ 'r ‘no’ are to be treated valid and cannot be rejected - However, the votes containing both ‘yes‘ and ‘no’or ‘haan’and ‘naah’wouldcertainly disclose the identity ofa voter and‘indicates that such a - ditional mark including ‘tick'mark’not permissible under the rule or instructions, must be onthe in- structions ofthe candidate to ensure identity ofthe voter and to ensure that he casted his vote in favour ofthat particular candidate - Both, the rules and the Act require secrecy ofvotes - All such , votes containing marks or remarks not permitted by rule have to be rejected and the candidate se- curing more valid votes asper the rules have to be declared elected ~ Where the rule prescribe'a specmc manner oi voungm its plain reading and meaning, no other interpretation can be given to I the same to include or exclude something in it. ‘ '' . —..._._.-_...__ . ~ won.- . .._-..‘n.—mm"l~mtrw...... A reading ofrule 4(1) oi‘the Rules make unambiguously clear that the voter has to write ‘ycs’or ‘no’and he is not supposedtowrite ‘yes’and ‘no’. it would not in any manner be in accord- ance with the requirement oi‘the rule. The voter has to write either ‘yes’or ‘no’and is not required e requires the to write both which would not be secret voting in accordance with the rule. The rul voting by ballot and the manner in which the ballot is to be marked. ln'B.S. Min/1a: v. Indian Sta- tistical Imilrute,AIR I984 SC363, it has been held thm ”ifan act is required to be done in the man- ner prescribed, that can only be in accordance with the procedure prescribed otherwise it will not be accepted to have been time at 2111." Applying the principle laid down by the Supreme Court, no other meaning than the one ex- " respect ofthe manner ofvoting in the election to the office of Presrdent ofthe Municipal Councilf ..A Manner ofVoting - Secret or open ballot. it was observed by the Supreme court oflndia that the Rules are clear, unambiguous and do not leave any room for doubt. inasmuch as there was a contest, the convener ought to hav e proceeded for voting through ballot papers observing utmost secrecy. There could not have been an open voring which, though demanded, should have been firmly ruled out. Sub-rule (2) ofRule4 reposes confidence in the convener, i.e. the person presrd- ing over the meeting to assist any member who is illiterate or otherwise incapable to cast his vote by writing ‘Yes’ or ‘No’on the ballot paper on behali‘ofsuch member. it is unfortunate that the members wanted the voting to be conducred in a manner inconsistent with the Rules. The con- vener should have over-ruled any such demand and should have proceeded to hold theelection in . «#7.. ...... .. the manner cbntempmted by the Rules. The convener was also not justified in adjouming the ‘ ' . l l. Substituted vide Punjab Govt. Notification .‘u'o. GSi-‘t. 52/99.. 3/11/"S.240/Amd.(3)/99 dated July8, 1999. c7 2. Substituted Vide Punjab Govt. Notification No. GSR. 71/1-TA. 3/1 1/S.240/Amd.(4)l2001 dated l7th t] May, 2001. ' ; 3. Rajinder Pal Kaur State of Punjab, 1‘) RCRlCivi!) 91(P&H). 4. Sudcsh K,umar Aggarwal v. State of Punjab, 2501(3) RRR (Civil) 454(P&H)(DB), “-..n.‘ .'__... . ‘ g_ 5-»xl>-e~. -w«» I. . . i J- 1?" ,- - l ' Fl Ail?) .Iifunicéaal (President and Vice-President) Election Rules, 1994,1er[9 i 47? \\‘\‘ ' 1}" . A .. _ . ' u t {dieting on the around ot"'seeking guidance from-the higher otticers and tne Government . There Aids: hardly any occasion for such seeking guidance ant. ad_;ouming the meeting. '4 y a: The Supreme Courtalso rejectedthe contenion that the High Court'wasjustitied in directing the meeting to proceed from the point \vherefrom i: was admin-nod and directing the members who had staged a walk over to be excluded from the meetings as by their conduct they had shown that they were not participating in the meeting. It was observed iurther that where the two candidates were du-y nominated candidates and the stage for voting was set. Even ifa few memb ' one ofthe candidates had left the place oi’meeting. nothing prevented them from coming back and ioining in the voting. lf'only the. convener had commenced the voting and the members,who had earlier staged a walk-over, had returned and expressed their desire tojoin in voting, theycould not have been prevented from doing so. The HighCourt wasjustifled in directing the meeting to be re- sumed from the pointat which it was adjourned but was notliustit‘ied in directing the mernbers, who ad walked out, from being excluded from participation at such reconvened meetin 2. 5. Conduct ofelection. .- (l When the office ofthe President orthe Vice- President to be filled, - (a) if only one candidate for the office is proposed, he shall be declared to have been elected; (b) ifthere is more than one candidate, the“candidate who obtains t number of votes shall be declared to-have been elected; and (c) iftwo or more candidates obtain an equal number ofvotes, the person pre: Siding over the meeting shall at once decide between the candidates b drawrng a lot in the presence ofthe members attending the meeting. pality and both such oftices are to be filled, ~ (2.) When there are two offices ofVice-President ofa Munici (a) voting shall take place at the same election for both the offices ofthe Vic - reSidents o-fa Iviunicipality and each’mcmber ofthe Municipality Shall record one vote‘only; ' (b) the two candidates who obtain the l A argest number of votes shall be deemed to be elected : PrOVlded that ifowing tothe fact that two or more candidates have obtained an equal number ofvotes, it is impossible to decide which ofthe twocan- idates have obtained the largest number ofvotes, the matter shall be‘de— cided by a lot in the manner specified in clause (c) ofsub-rule (1); and (c) the candidate obtaining the largest number of votes shall be'deemed to ‘ have been declared by the Municipality to be the Senior Vice- President and the candidate‘obtaining the second largest numberofvotes shall be deemed to be thejunior Vice-president, provided that if both the candi~~ dates elected have obtained an equal number ofvotes the matter shall he decided by a lot in the manner specified in ciause (cj'ofsub—rtile(1).’ \/ Ntri'ias Voting by show of hands - Declaration of result ~ Change of recorded vote ~ Not permissi- ble.According to Blackwell’s Law otFMeetings - 9th Edition, page 60. In common law'voting at all meetings is by a show ofhands. Voting by show oi‘hands means counting the persons present who are entitled to vote and who choose to vote by holding up (raising) their hands. Any person having legal right to be present‘at the meeting may: at the conclusion ofthe voting, demand a polland ' i. Gurdeep Singh v. State ofPtinjab, 2000(2) RCRtjCivil) 7l5(SC). he largest ' -L... l! wva: - ..-..§, i i | L ....~- . “sup—um,, .A~ , .......~.,v .W Ku- / , “,l' Punjab [Municipal (President and Vice-President) Election M MW— g \ fiai rpe,rs'bn is the proper person to grant or refuse a poll which is in the nature ofan appeal by one fifth: parties dissatisfied with the decision ofthe Ch lairperson upon the show ofhands. In mod ' par iamentary usage a motion is carried by acclamation or by show ofhands. The Chairman ort. e ‘ V Presiding Officer asks those present to indicate their votes or choice by holding up their ban 5. Once the Presiding Officer records the votes and, after counting the votes, declares the result, itis conclusive and it'can- be challenged only by a demand for poll. Ifthe demand is not made, tie hairman’s declaration will stand (see : Shackleton On The Law And Practice OfMeetings - "lh ditio'n, pages 60-62).Once a motionhas been voted upon it becomes ' ' " . The result ofa vote once announced is final (see : The Rules ofDebate in The Pa ' by D.W.S. Lidderdale, page 145). In the present case, Apex Court w ' expressed by the High Court that it was not permissible forthe Presiding Officer to change the vote ofSher Singhonce it has been recorded in favour ofthe ori ' tioner under Punjab Municzppl (President and Vice-President) Election Rules, 1994. ‘ .. l[6. Filling of casual vacancies. - When thereare ttv offices of Vice- ofa Municipality and one such office falls vacant, the V' office shall-be deemed to be the Senior Vice—President pired term and an election ofthe vacant office ofthe Ju held in the manner presCribed in rules'4 and Preside at for the period of his un-ex- nior Vice-President shall be It Rule omitted and rule re—numbercd as rule by 3."l i/S.240/Amd.(4)/200l dated li‘th May, 200l. Punjab Govt Notification No. G.S.R, 7l/P.A. \ -H s... “.3”- ice- President remaining. ‘11 ' M...— .. ...———...__ NO! .. ._....4_.'..1._. . 111N1A3Ci VT6A2 (E‘A ATRA.) 'APR11.10 2:1 ’ ‘ (HAWRA'11J9009AKA) » . .-”\lClPAL FLLCTlON OFFlCh) ii I I. \oltficatlon 1'11: April.2903 ' A(1.8sz ' Govcfiunem. of Punja CLSJLl5/F1k5‘lé-li9ill/S 31:11:15: of the pewters (P1111131) Act :49: behalf the5G amend the 951:3le “ of Offices idf‘l’resi'len. .3/1911/8 Amcl. (4)0008 _—.—W11.h refexefiee to' Ithe Department or“ Local Government, Notification No. _40/Amd/2008 dated me - PM obferred by secuon 240of the Punjab Mumeipal Act. of 1911). and1111 othennpowm enabling 111111111ithis Fun-jab is pl: 1;: ' ofthe n1m1berof'Elec1ed Members and Reservatwn 0f Municlplliries Rules. 1994.1nmcly --—l 2' ‘ RU LES- 1: . Q . These r11: my 1).:called theDeterminafion ofthe number ofElectcd Members and 11:51 101' Offices 01'- Presidents of Municipalities (First Amendmc 11) Rules 2‘ 8. rclcrred 31's the sa. " es) in rule -for- sub—rules (4) and (5-). the {01101111119- sub- fmles shall be$0 ruled, r13111e1y: -_.- - i -: 111311 1131; third (including the number ofseats rmwed ' ~11be ougingl tothe Scheduled Castes) 01111:qu number' ~‘~. ' My , tobe filled by direct election every Municipality, shall ”lib: rt sixvc'd for women nd such seats maybe allotted by rotation . .10 d1m'1:rer11 constituencies tobeknowu 11.1 ward;i_n_ the .1.an pality assoecified 1n Schedule II: ‘ ’rowded that even/111110 ward .ofthc total number 0fseats 3110! a Mumcxpahty shall be alletted to the women: ' 'Illhe to numberof seat; to women. the wardsreserved for Sched led Cams andl’ Ackwérd Classes. as pr0vided'1n sub-rule (1111.111 (2)5113” 1101be counled. {*0de further 11131, while allomng. every third 11/316 of '- "111311311111; 1011111111113 1111:: further - mmuwmmnmm¥mw* " 'v " PUNJAB GOVT GAZ. (EXTRA )- APRIL 10, (CHAITRA SAKA) T (-5) The seats reserved for wonTen belon3in3 to .elT 4-fu'l {Castes as I" ' ‘ prov ided' in sub-rule (‘3'). shaTl be allotted by rot'agT »‘ TIE-om amongstthe seats rese'wd for Scchduled Castes und4' _sub-riile (l) I keeping in vie v the prox isipns ofsub rule (4): T ' ' .6078,“ 23° Provided that the principle ofrotation shall ol be applicable when Delimitation of Wards of a MunicipalityNas been done , ' - under the provisions ofcla-u'sc (ii)ofrulc4 oflhea limitation of Wards ol‘Municipality Rules.1972" g :4 Tn The said rules, for Schedulc- IT the followin3 sTml Jubsututed ‘ I . namely: - _ “SCHEDULEll [See mic 4(TA)] Number of suis Seats reserved , ' = seatnumbcr reserv’ldv Remains determined To: the forwomcn ‘ . 5' forwomen (includi’g ' Municipalin . number ofscatsg‘g reserved for wome T, _ ' if any. belonging l6 ' the Scheduled. Casté). Mininum Maximum Minirnm Maximini l . I, '3 T ”1' . to I? '10 be notifiedf by IT: *5th _ “ _ . State Government. ,ore: cleeiion , ' every general elect: “g; ,' T - T . V VI ,3 to T6. ., . Dino , Senond i .51, . T I . v - ,7 , _:,-el‘ec_uon ~'- I . . 7' V. , ‘to ' Dino . mm Principal Secretary to Govcmm T Departmentof Local Gov ' l T - _ a - ‘ ,. v __ . _ > -.. ’flmmm away... i i m ‘ Ii“ "“ * .—- < " , - . 7' , ‘ ‘fl Mgr- ofnurfiber ofEleczed membersci- Reservazzon ....Ru1e5»19-94, Rule1 643' l//\ ‘ ., . termination0 the number of Elected members, and ;' giserVation 0f gffices ofPreszdents of M umczpalztzes .. - ' Rules, . ' Published Vida Punjab Govt; Legislative Suppli'ment PartHI dated 17-11394 1. Short title and Commencement. ~— (1) These rulesmay be called the Determil nation of the numberof El'ected'members and Reservation of Offices ofPre51dents of MuniCipalities Rules, '1994; ‘ (2) . Theyzsshall come into. force at once. a, or: DefinitiOns. - In these rules, unless the context otherwise requires, — (a):lz‘.ACt" means the Punjab'Municipal Act, 1911; . . _ ' _ ' A I ' _ (b) "State .Goy'emment’means the Government ofthe State of Punjab in the; ~ Department of Local-Government; and . ' ‘ (c) ‘Schedule’ means the;