ASSAM PANCHAYAT (CONSTITUTION) RULES, 1995
(1) These rules may be called the Assam Panchayat (Constitution) Rules, 1995.(2) They shall come into force from the date appointed by the State Government in this behalf.
In these rules, unless there is anything repugnant in the subject or context—(a) “Act” means the Assam Panchayat Act, 1994, (Assam Act No. XVIII of 1994) ;(b) “Ballot box” means and includes any box, bag or other receptacle used for the insertion of ballot papers during election as under sub-R. (5) of R. 14, sub-R. (1) of R. 37, Cl. (ii) of sub-R. (b) of R. 48 and Cl. (ii) of sub-R. (6) of R. 50 of these rules ;(c) bye election’ means an election held for filling up a vacancy caused by death, resignation, removal or otherwise of the President and Vice-President and member of Gaon Panchayat and directly elected members of Anchalik Panchayat and Zilla Parishad ;(d) “electoral roll” means the list of voters of the Gaon Pan#31;chayat prepared and published under the provisions of sub-Rr. (1) to (12) of R. 12 of these rules ;(e) “Form” means a form appended to thes
(a) Panchayat election or bye-election, as the case may be, shall be conducted by the State Election Commission under sub-S. (l) of S. 114 of the Act.(b) Subject to the superintendence, direction and control of the State Election Commissioner, the Deputy Commissioner shall co-ordi#31;nate and supervise all works in the District within his jurisdiction in connection with the conduct of all elections to Panchayat.(c) Election of members to represent District Planning Committee. To represent the District Planning Committee for a Panchayat year, the Zilla Parishad or the Municipal Corporation or the Municipality or the Town Committee, as the case may be, under the District, shall elect required number of members from amongst the members or councillors, as the case may be, of the respective institution excluding those as under Cls. (a), (b), (c) and (d) of sub-S. (2) of S. 3 of the Act on the b
The Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall not delegate any of his powers having any bearing on, election of the members of the Gaon Panchayat or Anchalik Panchayat or Zilla Parishad.
No person shall be a voter of more than one Gaon Panchayat.
(1) The Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall immediately after declaration of a Gaon Panchayat under sub-S. (1) of S. 5 of the Act, delimit the number of constituencies as per sub-S. (2) of S. 6 of the Act and delimit each such constituency on the basis of household numbers in the manner that no household is split.(2) Reservation of constituencies for the Scheduled Castes and the Scheduled Tribes respectively, in a Gaon Panchayat area shall be decided on the basis of proportion as provided under sub-S. (1) of S. 9 of the Act by the concerned Deputy Commissioner or the Sub-divisional Officer, as the case may be. While calculating the number of seats to be so reserved, if the result bears any fraction which is 5 or more it shall be rounded off to the next higher integer and if it less than 5 then it shall be ignored. In making reservation of the required number
(1) The Deputy Commissioner or the Sub-divisional Officer, as the case may be, immediately after declaration of an Anchalik Panchayat by the State Government by notification as under sub-S. (1) of S. 31 of the Act, shall delimit the constituencies as per sub-S. (1) of S. 32 of the Act, the basis of which shall be as under R. 6 of these rules.(2) (a) The number of seats to be reserved in an Anchalik Panchayat for the Scheduled Castes and the Scheduled Tribes for direct election shall be determined in the proportion as provided under sub-S. (1) of S. 34 of the Act by the Deputy Commissioner of the concerned district. In determining the number of seats to be so reserved, if the result beats a fraction which is 5 or more it shall be rounded off to the next higher integer and if it is less than 5 it shall be ignored. In selecting the Gaon Panchayats for reservation under this provision, the Gaon Panchaya
(1) The State Government shall declare a Zilla Parishad by Notification as under sub-S. (1) of S. 64 of the Act, and immediately after such declaration delimit the constituencies as per sub-S. (1) of S. 65 of the Act on receipt of proposals with recommendation from the Deputy Commissioners and Sub-divisional Officers, the basis of which shall be as under R. 6. While delimiting Zilla Parishad constituencies it shall be ensured that no Gaon Panchayat is made to fall in two Zilla Parishad constituencies.(2) (a) The number of seats to be reserved for the Scheduled Castes and Scheduled Tribes, as the case may be, for members in the Zilla Pari#31;shad shall be determined by the Deputy Commissioner of the concerned district in the proportion as provided under sub-S. (1) of S. 66 of the Act. In determining the number of seats to be so reserved if the result bears a fraction which is 5 or more it shall be ro
Calculation of population of the constituencies as under sub-S. (1) of S. 65 should be on the basis of last census report.
The Deputy Commissioner or the Sub-Divisional Officer, as the case may be, shall after fixing the number of constituencies under Rr. 6, 7 and 8 of these rules allot an appropriate name to each such constituency on consideration of the local name of the village or villages or part of a village falling in such constituency. All such constituencies of Gaon Panchayat, Anchalik Panchayat and Zilla Parishad shall be arranged by assigning a serial number against the name of each constituency.
The Deputy Commis#31;sioner or the Sub-Divisional Officer, as the case may be, shall immediately after determination of the areas and names of the constituencies of Gaon Panchayat, Anchalik Panchayat and Zilla Parishad as under P. 10 of these rules, cause to prepare a statement showing therein the serial number, name and area of each constituency and publish the same by hanging a copy in the offices of the Develop#31;ment Blocks, Gaon Panchayat, Anchalik Panchayat and Zilla Parishad concerned and such other public places as may be considered necessary by him.
(1) When delimitation of consti#31;tuencies for election of the President of the Gaon Panchayat and member of Gaon Panchayat, Anchalik Panchayat and Zilla Parishad is made under Rr. 6, 7 and 8 of these rules, the State Election Commission shall cause to prepare a list of voters for each constituency.(2) Where the electoral roll of the Assam Legislative Assembly prepared under the provisions of the Representation of the People Act, 1951 is in force on such day as the State Election Commission by general or special order notify in this behalf for such part of the constituency of the Assembly as is included in the Gaon Panchayat or Anchalik Pan#31;chayat or the Zilla Parishad, as the case may be, shall be the list of voters for such Gaon Panchayat or the Anchalik Panchayat or the Zilla Parishad, as the case may be.(3) The Registration Officer/Officers appointed by the State Election Commissio
The Assam Panchayat (Constitution) Rules, 1995, were enacted to provide a framework for the governance of local self-governments in Assam. These rules are essential for ensuring democratic processes at the grassroots level, particularly concerning the elections of various Panchayat bodies.
Section R.12 outlines the regulations regarding the conduct of elections for the President and members of the Gaon Panchayat, Anchalik Panchayat, and Zilla Parishad. It emphasizes the prohibition of certain actions that could disrupt the electoral process.
The scope of Section R.12 extends to all individuals involved in the electoral process, including voters, candidates, and election officials. It aims to maintain the integrity and fairness of the elections at various levels of the Panchayat system.
While the specific penalties for violations of Section R.12 are not detailed in the provided sources, it is implied that contraventions may lead to legal repercussions as per the overarching provisions of the Assam Panchayat Act.
(1) No person shall, in case of election of President and member of Gaon Panchayat, member of Anchalik Pan#31;chayat and member of Zilla Parishad from the Gaon Panchayat area and from the Zilla Parishad area, exercise his right to vote except in the particular constituency of the Gaon Panchayat and the district, in the electoral roll of which his name has been entered as under sub-R. (1) of R. 12 of these rules.(2) No person shall exercise his right to vote in more than one Gaon Panchayat or Zilla Parishad constituency.(3) Seats in Panchayat at various levels shall be reserved for Sche#31;duled Castes, Scheduled Tribes and women as provided for in the Act, in the manner as may be prescribed by the State Election Commission.
(1) Every person entitled to vote shall appear in person to cast his vote.(2) Every voter of Gaon Panchayat constituency shall be entitled to have and cast one vote for electing a President of the Gaon Pan#31;chayat, one vote for electing a member of the Gaon Panchayat and one member for the Anchalik Panchayat from the Gaon Panchayat area.(3) Every voter of a Zilla Parishad constituency shall be entitled to have and cast one vote for electing a member of the Zilla Parishad.(4) If an elector casts more than one vote for a candidate in contra#31;vention of sub-Rr. (2) and (3), such vote shall be rejected as void.(5) Voting shall be done by marking a ballot paper secretly in the polling booth and inserting the same in a sealed ballot box to be kept for the purpose.
The date for any general of bye-election meant for the Panchayats at all levels shall be fixed and notified by the State Election Commission.
Legal Comments
"Section 15(1) lead to vacancy" - President’s vacancy triggered by no-confidence, two-thirds majority; ongoing matters require careful interpretation of Section 15(1) and related Rules - [Ganga Sobor, W/o. Shri Parsuram Sabor VS State of Assam, Represented by the Principal Secretary, To the Government of Assam, Panchayat and Rural Development Department]
"Election process bar to court interference" - Article 243O(b) bars Courts from entertaining elections petitions; remedy lies in Election Petition under State law; maintain integrity of electoral process - [Premananda Hazarika VS Assam State Election Commission]
"Direct election of Gaon Panchayat President" - Rule 46 and Section 6(1)(b) of Assam Panchayat Act, 1994 establish direct election of Gaon Panchayat President; vacancies filled by State Election Commission guidance - [Abul Hussain VS State of Assam]
"Notice and quorum mandatory" - Rules 48(1) and 48(3) of Assam Panchayat (Constitution) Rules, 1995 impose mandatory notice and quorum requirements for meetings; violations render actions invalid - [Rifa Zulka W/O Sri Sofiqul Islam vs State Of Assam Represented By The Additional Chief Secretary To The Govt]
"No-confidence voting procedures" - Section 18(5) requires secret ballot for no-confidence motions; otherwise proceedings may be void; secret ballot is essential in certain contexts - [01400038599]
"Dissolution vs. deadlock distinction" - Sections 140 and 140-B of Assam Panchayat Act treated as distinct remedies; not interchangeable; non-discriminatory on that basis - [Bhuban Chandra Pradhani VS State of Assam and others]
"Disqualification provisions struck down for Article 14" - Section 12(2)(e) disqualification for government contracts struck down as violative of Article 14; demonstrates need for rational classifications in PRI provisions - [Mantaj Ali VS State of Assam]
"Term duration anchored to constitutional mandate" - Five-year duration is constitutionally mandated; extending term beyond expiry generally not permitted; elections must occur as mandated - [Joynab Bibi, W/O- Jakir Hussain VS Union Of India Represented By The Secretary, Ministry Of Panchayati Raj, Govt. Of India, 11th Floor, Jeevan Prakash Building, 25, K. G, Marg, New Delhi]
"Reservation and representation rules" - Reservations for SC/ST in Anchalik/GP President positions; population-based reservations must align with statutory framework; no violation if properly justified per Rules - [Naba Kumar Nath VS State of Assam]
"Recount and counting procedure safeguards" - Recounting requires substantial pleadings and adherence to Rule 45; sanctity of ballots; recount allowed only on proper prima facie grounds and with justification - [Manju Begum, W/o. Md. Baidullah Ali VS State of Assam, Represented by the Chief Secretary, Government of Assam]
"Natural justice in delegated legislative acts" - Courts typically defer to legislative policy in delimitation/creation of Notified Areas or Municipalities; natural justice challenges to such acts generally not entertained as legislative function lacks procedural safeguards in court - [Bhupinder Singh VS Union Of India]
"Eligibility, disclosure, and timing in PRI elections" - Amendments introducing disqualification for having more than two children (Rule 62) upheld; courts stress clean hands and timely disclosures in nomination affidavits - [01400038599], [014000324??] (relevant 2021/2020 rulings cited within)
"Election petitions vs. writs in electoral disputes" - Article 243-O bars writs; election petitions before Election Tribunals are the proper remedy; High Courts should refrain from entertaining writ petitions on electoral disputes unless circumstances create exceptional relief - [Premananda Hazarika VS Assam State Election Commission], [Premananda Hazarika VS Assam State Election Commission] (two references)
"Authority of State Election Commission" - SEC has jurisdiction and power to issue orders post-election, including correcting or declaring results; independence from State Government is essential for fair elections - [Premananda Hazarika VS Assam State Election Commission]
"Settlement of market fees within PRI powers" - Gaon Panchayat has exclusive jurisdiction over cattle registration fees; Anchalik Panchayat cannot delegate this power to lessees; financial allocations must align with Assam Panchayati Raj Act and Financial Rules - [Silchar Anchalik Panchayat Mahkuma Parsishad Compund Represented By Its President Shri Nizamuddin Ahmed VS Anwarul Islam Barbhuyan, President Beranga Gaon Panchayat]
"Delimitation and reorganization within constitutional limits" - Delimitation of Gaon/Anchalik/Zilla constituencies is a legislative function; courts defer to constitutional structure and caution against premature interference; official gazette notifications govern the formal process - [Motiur Rahman S/o Abdul Haque VS State of Assam], [Asrof Kalam Azad Laskar, S/o Late Ashab Uddin vs State of Assam]
"Disqualification based on age and family size" - 2018 amendments introducing Section 111(2) and Rule 62; upheld as within legislative competence; contentious points on prospective vs. retrospective effect addressed in judgments - [SHAHIDA AHMED vs tHE STATE OF ASSAM]
"Direct removal vs. removal by proceedings" - No-confidence actions and removals must follow due process; defects in the notice, quorum, or voting process can render the outcome void; courts may direct fresh proceedings with proper safeguards - [Bulima Begum, W/o. Sri Anowar Hussain VS State of Assam, Represented by the Principal Secretary to the Government of Assam, Panchayat & Rural Development], [01400038487] (collective sense)
"Role of Election Tribunals in indirect elections" - For posts like President of Zilla Parishad, which are indirect elections, Tribunal jurisdiction is limited; High Courts must respect the statutory scheme for challenging such elections - [Sahab Uddin Ahmed VS State of Assam], [Begum Afrooja Perveen VS State of Assam]
"Allocation of assets in delimitation contexts" - Where delimitation or constitution of new panchayats merges areas, assets and liabilities vest in the new body; natural justice and property rights considerations are balanced against legislative prerogatives - [Bhupinder Singh VS Union Of India], [Janpad Panchayat Tatha Zila Panchayat Kramchari Sangh VS State of M. P. ]
"Judicial approach to administrative orders" - Courts emphasize adherence to statutory procedure for elections and appointments; frivolous or discretion-based orders are liable to be quashed; accountability mechanisms exist through elections or tribunals - [Manju Begum, W/o. Md. Baidullah Ali VS State of Assam, Represented by the Chief Secretary, Government of Assam], [Bulima Begum, W/o. Sri Anowar Hussain VS State of Assam, Represented by the Principal Secretary to the Government of Assam, Panchayat & Rural Development]
"Institutional autonomy and separation of powers" - Clear demarcation between constitutional rules (Part IX) and state acts; Courts typically avoid substituting their policy judgments for legislative policy in PRI matters - [Premananda Hazarika VS Assam State Election Commission], [Asrof Kalam Azad Laskar, S/o Late Ashab Uddin vs State of Assam]
(1) Not less than 30 (thirty) days before the date fixed for election under R. 15 of the rules, the Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall publish a notice in the language of the region or in such other language or languages as may be considered necessary for the purpose, stating—(a) the date on which, the place at which, the hours between which and the category of representatives for which nomina#31;tion papers are to be presented, an interval of seven clear days being allowed between the date of publication of such notice and the date for presentation of nomination papers :Provided that the date for filing of nomination paper shall be fixed and notified by the State Election Commission ;(b) the date on which, the place at which and the hours between which the nomination papers may be taken up for scrutiny, such date being within 3 (three) d
In every constituency delimited for election of different officers for Gaon Panchayat, Anchalik Panchayat and Zilla Parishad, the Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall select suitable places as polling stations for holding election in such constituency. Polling station may be determined as per instruction of the State Election Commission.
(1) The Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall appoint a Presiding Officer for such polling station and such number of Polling Officers as he may consider necessary for conducting the elections under these rules, but he shall not appoint any person who has been working for a candidate in election :Provided that if a Polling Officer is absent from the polling station, the Presiding Officer may appoint in writing any person, who is present at the polling station, other than a person who has been employed by or on behalf of or has been otherwise working for a candidate in or about the election, to be the Polling Officer during the absence of the former officer and the Presiding Officer shall inform the Deputy Commissioner or the Sub-divisional Officer, as the case may be, accordingly.(2) The Polling Officer shall, if so directed by the Presiding Officer,
The Presiding Officer shall be present at the polling station at least one hour before the time notified for commencement of the poll with the required number of ballot boxes, the ballot papers and the copy or copies of the electoral roll/rolls of the Gaon Panchayat, Anchalik Pan-chayat or the Zilla Parishad constituency, as the case may be.It shall be the general duty of the Presiding Officer to maintain peace and order of the polling station and to see that the poll is fairly taken and it shall be the duty of the Polling Officer at the polling station to assist the Presiding Officer in the performance of his functions.
(1) A contesting candidate may appoint in writing to be delivered to the Presiding Officer, one polling agent at each polling station.(2) No polling agent shall be admitted into the polling station unless he has been duly appointed under sub-R. (1).
(1) The list of-symbols prescribed in this behalf in Schedule I of these rules shall be used in such election as for which it is specifically provided under these rules.(2) Every nomination paper submitted under these rules shall con#31;tain a declaration specifying—(a) the particular symbol which the candidate has chosen for his first preference out of the list of symbols prescribed under sub-R. (1) ;(b) two other symbols out of that list which he has chosen for his second and third preferences respectively :Provided that the choice to be made by a candidate shall be sub#31;ject to such restriction as the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, may think fit to impose in this regard ; and(c) when more nomination papers than one are delivered by or on behalf of a candidate, the declaration to the symbols made in the first nominat
(1) Any person whose name appears in the list of voters of any of the constituencies of a Gaon Panchayat or Zilla Parishad as published under R. 11 of these rules and who is not disqualified under S. Ill of the Act, may be nominated as a candidate from the concerning Gaon Panchayat or Zilla Parishad constituency, as the case may be, for election as President of Gaon Panchayat, member of Gaon Panchayat and member of Anchalik Panchayat and for election as member of Zilla Parishad from the Zilla Parishad constituency in whose jurisdiction the Gaon Panchayat, Anchalik Panchayat or the Zilla Parishad, as the case may be, falls, if he submits a nomination paper signed by any voter of the constituency as proposer and signed by the candi#31;date in token of his consent to stand as a candidate. The nomination paper shall be delivered either by the candidate or by his proposer to the officer, authorised by the Deputy C
(1) At the time or before the time of representation of the nomination paper, each candidate desiring to stand for election to any category of office shall deposit or cause to be deposited with the officer authorised to receive nomination paper in cash the sum as shown below. A receipt in duplicate shall be obtained by the candidate in respect of the sum so deposited, from the officer so authorised to accept the deposit. The concerned officer shall have a Receipt Book for this purpose.
(1) Any candidate may withdraw his candidature by a notice in writing in duplicate signed by him and delivered to the Deputy Commissioner or the Sub Divisional Officer, as the case may be, or the officer authorised by him in this behalf, on the date, time and place notified under Cl. (c) of sub-R. (1) of R. 16 of these rules.(2) A candidate who has withdrawn his candidature shall not be allowed to cancel his withdrawal or to be re-nominated as a candidate for the same election.
(1) Imme#31;diately after expiry of the period of withdrawal of candidature, the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, or the officer authorised by him in this behalf, shall, in respect of every election, declare the names of the candidates whose nomination papers have been found valid.(2) If there is only one valid nomination in respect of a particular election, the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, or the officer authorised in this behalf, shall declare such candidate to be duly elected from the constituency concerned.(3) If there are more than one valid nomination papers in respect of a particular election, a poll shall be held on the date notified for election under R. 15 of these rules.(4) If there is no candidate in respect of a particular election, the Deputy Commissioner or the Sub-Divisional Officer, a
The Deputy Commissioner or the Sub-Divisional Officer as the case may be, shall cause to publish names of the contesting candi#31;dates in respect of a particular election in Form III-A or III-B as the case may be, under these rules in the language of the region in the office of the Gaon Panchayat, Anchalik Panchayat and Zilla Parishad and in such other place or places as may be considered necessary by him, at least 7 (seven) days before the date of election and at the polling station on the date of election. A copy of the same shall be furnished to the State Election Commission.
Where any act or thing is required or authorised by or under these rules to be done in the presence of the candidate or his polling agent, the non-attendance of any such candidate or his agent at the time and place appointed for the purpose shall, not, if the act or thing is otherwise duly done, invali#31;date the act or thing done.
(1) Every ballot paper shall be in Form I-A, I-B, I-C and I-D respectively, appended to these rules and the particulars therein shall be recorded in the lang#31;uage of the region or such other languages as the State Election Com#31;mission may direct.(2) The ballot paper shall contain the names of the candidates in order in which they appear in the list of candidates in Form III-A and III-B, as the case may be ; provided that ballot paper for each category of office shall be of different colours.(3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in any other manner, as the Deputy Commissioner or the Sub-Divisional Officer as the case may be, deem fit and proper.(4) The ballot paper shall be serially numbered being printed or written on the front of the ballot paper.
(1) If a poll is to be held, the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, shall select a suitable place for a polling station.(2) The Deputy Commissioner or the Sub-Divisional Officer, as the case may be, shall establish in each polling station as many polling booths as he may consider necessary, and where more booths than one are so established he shall determine in relation to each booth the electors of the constituency who shall be admitted to cast their votes in those booths.(3) Every polling station shall contain such compartments (herein#31;after referred to as polling compartments) as may be considered neces#31;sary by the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, in which electors can mark the ballot paper, screened from observation by any other person.
(1) The Presiding Officer shall regulate the number of electors to be admitted at a time inside the polling station and shall exclude therefrom all other persons except—(a) the Polling Officers ;(b) the candidates and one appointed polling agents of each candidate;(c) persons authorised by the Presiding Officer ;(d) a child on arms accompanying an elector ;(e) a person accompanying blind or infirm electors who cannot move without help ;(f) such person as the Deputy Commissioner or Sub-divisional Officer, as the case may be, or the Presiding Officer may em#31;ploy for conducting election under these rules.(2) The Presiding Officer shall close the polling station at the hour fixed in this behalf and shall not admit thereto any elector after that hour :Provided that all electors present at the polling station before it is closed, sha
(1) The Presiding Officer at each polling station shall immediately before the commencement of the poll, allow the candidates and their appointed agents who may be present at such station to inspect the ballot boxes to be used at the poll and demonstrate to them that these are empty.(2) The Presiding Officer shall thereafter secure and seal such ballot boxes in such manner that the slit for insertion of ballot papers remains open and shall allow the candidates or their appointed agents who may be present, to affix, if they so desire, their own seal as well.(3) The seal used for securing a ballot box shall be fixed in such a manner that it shall not be possible to open the ballot box without breaking the seal.(4) Every ballot box after having been secured and sealed in accordance with the preceding sub-rules shall be placed for the receipt of ballot papers, in full view of the Pre
The time for polling shall be as may be notified by the State Election Commission.
If at an election, the proceedings at any polling station are interrupted or obstructed by a riot or open violence, or if it is not possible to take the poll at any polling station on account of natural calamity or any other sufficient cause, the Presiding Officer of such polling station shall announce the adjournment of the poll to a date to be notified by the State Election Commission later and shall immediately report to the Deputy Commis#31;sioner or Sub-divisional Officer, as the case may be, the circumstances which compelled him to adjourn the poll. The Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall announce the date of re-poll in the particular station, as may be fixed and notified by the State Election Commission. The Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall arrange to publish such notification immediately at the office of the Gaon Panc
(1) If at any election any ballot box used at the polling station or at a place fixed for the poll is unlawfully taken out of the custody of the Presiding Officer or in any way tampered with or is accidentally or intentionally destroyed, lost or damaged and the Deputy Commissioner or the Sub-divisional Officer, as the case may be, is satisfied that in consequences thereof the result of the polling station or place cannot be ascertained he shall—(a) declare the polling at the polling station to be void ;(b) report the matter forthwith to the State Election Commis#31;sion ;(c) request the State Election Commission to appoint a day for fresh poll at such polling station.(2) The provisions of the Act and of any rules or orders made thereunder shall apply to the original poll.
(1) As soon as the voter enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf, shall check the voter’s name and other particulars with the relevant entry in the electoral roll and call out the serial number, name and other particulars of the voters.(2) No objection as to the eligibility of a voter at the election shall be made by any person other than a candidate or his ‘appointed agent and such objection shall be made to the Presiding Officer who shall dispose of the objection summarily and his decisions thereon shall be final.(3) In deciding the right of a person to obtain a ballot paper, the Presiding Officer or the Polling Officer, as the case may be, shall over-look merely clerical or printing error in any entry in the electoral roll; provided he is satisfied that such person is identical with the voter to whom such entry relates.
(1) After the identity of the voter is established, the ballot paper shall be signed by the Presiding Officer or by the Polling Officer on its back and a mark shall be made by indelible ink on the left index of the electors and then the ballot paper shall be issued to the elector.(2) Immediately before the issue of ballot paper to a voter, it shall be marked on the back with the official mark and an indication shall be placed in a copy of the electoral roll set apart for the purpose there#31;after, in these rules referred to as the marked copy of the electoral roll, by the Presiding Officer against the name of the voter to denote that he has received a ballot paper.(3) The serial number of ballot paper shall be noted against the name of the voter in the marked copy of the electoral roll.
(1) The voter, on receiving the ballot paper shall forthwith proceed to one of the polling compartments and there make a mark on the ballot paper as near the symbol of the candidate for whom he intends to vote with stamp provided and fold the same so as to ensure secrecy of his vote. Thereafter, the voter shall come out of the polling compartment with the folded ballot paper and insert the ballot paper so folded into the ballot box in the presence of the Presiding Officer.(2) Every voter shall cast his vote without delay on his part and shall quit the polling station as soon as he has inserted the ballot paper into the ballot box.(3) No voter shall be allowed to enter a polling compartment when another voter is inside it.
(1) If owing to illiteracy or blindness or other physical infirmity, a voter is unable to read the ballot paper or make mark thereon and if the voter so desires, the Presiding Officer shall record the vote in the ballot paper in accord#31;ance with the wishes of the voter and fold it up so as to ensure secrecy of the vote. The voter then himself or with the assistance of the Presid#31;ing Officer shall insert the ballot paper in the ballot box.(2) While acting under this rule the Presiding Officer shall maintain utmost secrecy.
The Presiding Officer at a polling station shall, when he is so requested by a voter, explain to him the procedures for casting of the vote in the ballot paper.
(1) If an elector decides not to use a ballot paper after he had obtained the same, he shall return it to the Presiding Officer.(2) Such ballot paper as referred to in sub-R. (1) shall be marked as ‘Cancelled’ and kept in cover set apart for the purpose and the Presid#31;ing Officer shall keep a record of all such ballot papers.
A voter who has inadvertently dealt with his ballot paper in such a manner that it cannot conveniently be used as such, may, on delivering it to the Presiding Officer and satisfying him of the inadvertence, obtain another ballot paper in place of this spoiled ballot paper and such spoiled ballot paper together with the counterfoil shall be marked by the Presiding Officer as ‘Cancelled’.
(1) If the Presiding Officer has reason to suspect that a voter who has entered the polling compartment and remained inside unduly for a long time, he shall enter the polling compartment and take such step as may be neces#31;sary to ensure the smooth and prompt progress of the poll.(2) Whenever the Presiding Officer enters the polling compartment, he shall be accompanied by such candidates or their appointed agents, as may be desired by him in this behalf.
(1) The Presiding Officer shall, at the close of the poll, satisfy himself in the presence of the candidates or their polling agents, if any that the seals affixed to the ballot boxes are intact. He shall then close the slit used for insertion of ballot papers in each ballot box by pasting a piece of paper in the slit and tying up the ballot box with a string to the slit and secure in such a manner that it shall not be possible to open the slit without tampering the piece of paper or breaking the seal. The Presiding Officer shall duly sign such paper and shall allow the candi#31;dates or their appointed agents, as the case may be, to put their signa#31;ture thereon.(2) After closing the slit of each ballot box used for the poll in the manner prescribed under sub-R. (1) the Presiding Officer shall wrap it with a thick paper and secure the same by way of pasting and binding with rope. He shall then pa
(1) The Deputy Commissioner or the Sub-Divisional Officer, as the case may be, shall arrange counting of votes on such day and at such hours and place as he may consider necessary for this purpose in respect of every election. He shall authorise one officer for counting the votes in respect of the election of Gaon Panchayat President, Gaon Panchayat member, and Anchalik Panchayat member and Zilla Parishad members separately. Such officer may be assisted by such other officers as may be appointed by the Deputy Commissioner or the Sub-Divisional Officer, as the case may be.(2) On the date, hours and place fixed under sub-R. (1), the officers so authorised by the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, shall take up counting of votes in respect of the election as assigned to each of them. Each such officer shall collect the ballot box or boxes of the particular election i
(1) If after the counting of votes it appears that two candidates of whom only one is to be declared elected, having received equal number of votes, the Deputy Commissioner or the Sub-divisional Officer, as the case may be, or any officer authorised by him in this behalf, shall decide which of the two shall be declared elected by tossing up a coin in presence of such candidates. Each candidate shall be assigned one side of the coin by him or by the officer just before toss. The candidate whose side appears visible at the top of the coin after it has fallen flat on any plain ground or table, shall be declared elected.(2) If after counting the votes it appears that more than two candi#31;dates have received equal number of votes, the Deputy Commissioner or the Sub-divisional Officer, as the case may be, or any officer authorised by him, shall cause to draw lot in presence of the candidates or their ag
(1) The Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall call the first meeting of a Gaon Panchayat under sub-S. (3) of S. 6 of the Act, by fixing a date and by causing a written notice specifying the date, time and place of the meeting, to be served on each elected member and the President of the Gaon Panchayat concerned at least seven days before the date so fixed. Such meeting shall be presided over by an officer authorised by the Deputy Commissioner or the Sub-divisional Officer, as the case may be, and such officer shall not be entitled to vote.(2) The officer authorised in sub-R. (1) shall administer the oath or affirmation to the President of the Gaon Panchayat as under S. 134 of the Act :Provided that the President after taking the oath or affirmation, shall also administer the oath to the member of the Gaon Panchayat concerned, as under S. 134 of the Ac
The Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall submit a list indicating the names and respective addresses of the persons elected as the Presi#31;dent, the Vice-President and the members of each Gaon Panchayat, Anchalik Panchayat-wise to the State Election Commission.
(1) The Deputy Commissioner or the officer authorised by him in this behalf as under sub-S. (1) of S. 37 of the Act, shall as soon as possible after the completion of election as under S. 32 of the Act, con#31;vene the first meeting of the Anchalik Panchayat comprising the mem#31;bers as under sub-S. (1) of S. 32 of the Act, by fixing a date, time and place and specifying the purpose and by causing a written notice to be served on each of the said members of the Anchalik Panchayat at least seven days before the date so fixed. Such meeting shall be presided over as under sub-S. (1) of S. 37 of the Act, and such officer shall not be entitled to vote.(2) The officer as under sub-R. (1), shall administer an oath or affir#31;mation as under S. 134 of the Act, to the members present before com#31;mencement of the meeting.(3) If one-third of the total number of members as under sub-S. (1) of S. 3
Soon after the election is over, the Deputy Commissioner shall submit a list to the State Election Commis#31;sion indicating the names and respective addresses of the persons elected as the President, Vice-President and members of each Anchalik Pan#31;chayat district-wise for notification.
(1) The Deputy Commmissioner, as under sub-S. (1) of S. 70 of the Act, shall, as soon as possible after the completion of election as under sub-S. (1) of S. 65 of the Act, convene the first meeting of the Zilla Parishad comprising the members as under sub-S. (1) of S. 65 of the Act, by fixing a date, time and place and specifying the purpose and causing a written notice to be served on each of the members of the Zilla Parishad at least seven days before the date so fixed. Such meeting shall be presided over by the Deputy Commissioner concerned and the Deputy Commissioner shall not be entitled to vote.(2) The Deputy Commissioner as under sub-R. (1) shall administer an oath or affirmation as under S. 134 of the Act, to all the members present before the commencement of the meeting.(3) If, one-third of the total number of members as under sub-S. (1) of S. 65 of the Act, called to the meeting
Soon after the election is over as under R. 50, the Deputy Commissioner shall submit a list to the State Election Commission indicating the names and respective addresses of the person elected as the President, the Vice-President and the members of the Zilla Parishad for notification.
As soon as the new Zilla -Parishad is constituted in the first meeting of the Zilla Parishad as under sub-Rr. (1) and (2) of R. 50, the old Mahkuma Parishad, if any, shall automatically stand dissolved.
(1) In the event of occurring vacancy in the offices of either of the Presi#31;dent or the Vice-President or the members, the Secretary in respect of Gaon Panchayat, the Executive Officer in respect of Anchalik Panchayat and the Executive Officer in respect of Zilla Parishad shall immediately inform the Deputy Commissioner or the Sub-divisional Officer concerned, as the case may be, with details and the Deputy Commissioner or the Sub-divisional Officer concerned, as the case may be, shall report the matter to the State Election Commission with his comment for necessary action.(2) To fill up the casual vacancy of the office of the President of Gaon Panchayat, these rules for Panchayat election shall apply.(3) To fill up casual vacancy of the offices of Vice-President of Gaon Panchayat or the Anchalik Panchayat or the Zilla Parishad, the manners prescribed under sub-Rr. (1) to (8) of R. 46 i
As regard other matters not provided in the Assam Panchayat (Constitution) Rules, 1995, the matters shall be guided by the relevant rules under the Representation of the Peoples Act, 1951.
The expenses incurred in connection with holding the elections under these rules shall be met in such manner as may be decided by the State Government from time to time.
The Gaon Panchayat and the Anchalik Panchayat and the Zilla Parishad shall constitute their respective standing committees within ten days from the date of their first meeting in the manner prescribed under S. 22, S. 52 and S. 81 and S. 82 of the Act, respectively.
If any difficulty arises in giving effect to the provisions of these rules, the Government may take such necessary action as it thinks fit so long as these are not inconsistent with the main objective and provisions of the Act/these rules.
With the coming into force of these rules, the Assam Panchayati Raj (Constitution) Rules, 1990 stands repealed.
The State Election Commission may formulate Model Code of conduct for the guidance of political parties and candidates in consulta#31;tion with the political parties.
The State Election Commission may prescribe limit of expen#31;diture to be incurred by the candidates in contesting the election. The candidates shall submit the statement of expenditure duly certified to the State Election Commission within a period of 60 (sixty) days from the date of his declaration of results.
[Rule 28]
Ballot Paper
Election of member............ Gaon Panchayat by the voters of......... constituency.
[Rule 28] Ballot Paper Election of President to............ Gaon Panchayat by the voters of all the constituencies of.........the Gaon Panchayat. [Rule 28] Ballot Paper Election of member to............Anchalik Panchayat by the voters of all the constituencies of.........Gaon Panchayat. [Rule 28] Ballot Paper Election of President to............Zilla Parishad by the voters of all the constituencies No............of the District of....................... [Rule 26] List of contesting candidates Election of the Gaon Panchayat/Gaon Panchayat members falling within...................Anchalik Panchayat to the Gaon Panchayat. [Sub-rule (6) (i) of rule 46/sub-rule (6) (i) of rule 48/sub-rule (6) (i) of rule 50] Ballot paper Election of Vice-President of Gaon Panchayat/President and Vice-President of Anchalik Panchayat/President and Vice-President of Zilla Parishad.
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