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Q.No.21
What are the provisions for composition of Zila Parishad and election to its President and Vice-President?
Ans.

Under Section 118 of the 1994 Act, every Zila Parishad shall consist of-

(a) the members directly  elected from the wards  (which shall not be more than thirty and not less than ten)

(b) the Chairman of Panchayat Samitis in the district, ex-officio members

(c) the members of the House of People, Haryana Legislative Assembly  whose constituency lie within the district or part thereof, ex-officio members; and

(d) the President or Vice-President who shall be elected by and amongst the elected members of the Zila Parishad

Under Section 121 read with Rule 77 of the 1994 Rules, a President or Vice-President of Zila Parishad shall be elected by and from amongst the elected members  in a meeting convened for the purpose by the Deputy Commissioner of the district.

The ex-officio members have no right to vote at the time of election of the President and Vice-President.  However, they can exercise this right in other matters including at the time of cancellation of No Confidence Motion as President and Vice-President..

Q.No.22
What are the provisions for Motion of No Confidence against the Chairman and Vice-Chairman of Panchayat Samiti?
Ans.
As per provisions contained in the first proviso to Section 62 (1) of the 1994 Act, the Chairman and Vice-Chairman of a Panchayat Samiti can be removed if a resolution is passed on motion of No Confidence by not less than two third of the total number of elected members of Panchayat Samiti  at a meeting convened by the Sub-Divisional Officer (Civil) under Rule 10(1)  of the 1994 Rules.
Q.No.23
What are provision for Motion of No Confidence  against  the President and Vice-President of Zila Parishad?
Ans.

Under the provisions contained in Section 123(2) of the 1994 Act, the President or Vice-President of Zila Parishad can be removed if the resolution is passed on Motion of No Confidence by not less than 2/3rd of the total number of elected Members of Zila Parishad at a meeting convened by the Deputy Commissioner under Rule 10 of the Haryana Panchayati Raj Rules,1995  

However, no requisition can be entertained before the  expiry of one year from the date on which the election to Chairman or Vice-Chairman of Panchayat Samiti or President or Vice-President of Zila Parishad, as the case may be, was notified.  Whenever a meeting is convened during the term of office of Chairman and Vice-Chairman of Panchayat Samiti and President or Vice-President of Zila Parishad for considering the Motion of No Confidence and such motion for vacating the office fails, no further meeting shall at any time thereafter be convened for considering similar proposal unless a period of atleast one year intervenes between the last failure  and the date on which such further meeting is convened.

Q.No.24
Who has right to vote in the Panchayat elections?
Ans.
Under the provisions contained in  Section 165 of the 1994 Act read with Section 172 of the Representation of People Act, 1950,  all persons of eighteen years and above who are registered as voters in the list of voters of the concerned Panchayati Raj Institution, prepared for the conduct of Panchayat elections, are eligible to vote in the Panchayat elections.
Q.No.25
Who are the persons entitled to be elected as Members of  Panchayati Raj Institutions?
Ans.
As per provisions contained in Section 173(2) of the 1994 Act, all persons who have attained the age  of twenty one years and whose name is in the list of voters,  shall unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected from any electoral divisions i.e. constituencies of Panchayati Raj Institution.  However, any person whose name is not entered in the list of voters  of the concerned Panchayati Raj Institution, shall not be qualified to be elected from the electoral division i.e. constituency thereof.
Q.No.26
What are the disqualification for membership of the Panchayati Raj Institutions?
Ans.

Person shall be disqualified for being elected to a Gram Panchayat, Panchayat Samiti or Zila Parishad if –

(i) he is a Citizen of India; or

(ii)  his name is not entered in the list of voters in respect of the concerned Panchayati Raj Institution; or

(iii) Is convicted under the Protection of Civil Rights Act, 1955 unless a period of five years has elapsed since his release or since his conviction; or

(iv) has convicted of any other offence and has been sentenced to imprisonment for not less than six months, unless a period of five years, or such lesser period as the Government may allow in any particular case, has elapsed since his release;  or

(v) is of unsound mind or

(vi)  is insolvent; or

(vii)  has been removed from any office held by him in a Panchayati Raj Institution before the commencement of this Act under the Punjab Gram Panchayat Act, 1952 and the Punjab Panchayat Samiti Act, 1961 and a period of five years has not elapsed from the date of such removal; or

(vii) has been disqualified from holding office under the provisions of this Act; or

(viii) holds any salaried office or office of profit in any Panchayati Raj Institution; or

(ix) is directly or indirectly by himself  or his partner any share or interest in any work done by order of the Panchayati Raj Institution; or

(x) in any transaction or money advanced or borrowed from any officer or servant or any Panchayati Raj Institution; or

(xi) fails to pay any arrear of any kind due of the Panchayati Raj Institution or any sum recoverable from him in accordance with the provisions of this Act within three months after a special notice has been served upon him in this respect; or

(xii)  is a servan6t of Government or any Local Authority; or

(xiii) is disqualified or has been disqualified under any other provisions of this Act and the period for which he was so  disqualified has not elapsed; or

(xiv) has been during the period  of one year from the date of election, in an unauthorized possession of land or other immovable property belonging to the Panchayati Raj Institution; or

(xv) being a Sarpanch or Panch or a member of the Panchayati Raj Institution, has cash in hand in excess of that permitted under the rules and does not deposit the same alongwith interest prescribed under the Act within the time specified; or

(xvi) being a member or Chairperson of the Panchayati Raj Institution has in his custody the prescribed records and registers and other property belonging to, or vested in the Panchayati Raj Institution and does not handover the same in pursuance of a general or special order of the prescribed authority within the time specified in the order; or

(xvii) Omitted

Q.No.27
What is the qualifying date for attaining the age of eighteen years of a voter?
Ans.
The first day of January of the year in which the list of voters is prepared or revised is the qualifying date for attaining the age of eighteen years of a voter.
Q.No.28
What is the relevant date for attaining the age of twenty one years of the candidate?
Ans.
The relevant date for attaining the age of twenty one years of the candidate is with the date fixed for scrutiny of nomination papers.
Q.No.29
What are the amounts of security deposits prescribed for contesting the elections as a candidate for election to Panchayati Raj Institution?
Ans.

Under Rule 28 of the 1994 Rules, the rates of the security deposits  have been prescribed  per details given below :-

                                                                        (in rupees)

Panch - 100
Sarpanch - 200
Member Panchayat Samiti - 300
Zila Parishad - 400

However, the amount of security to be deposited by the candidates of Scheduled Castes and Backward Classes are given below :-

                                                                        (in rupees)

Panch - 40
Sarpanch - 100
Member Panchayat Samiti - 150
Zila Parishad - 200

Q.No.30
What are the limits of expenditure prescribed for the candidate which they  can incur in the  elections?
Ans.

The limits of expenditure have been prescribed for the candidates by the State Election Commission for the various offices of the Panchayati Raj Institutions, as per details given below :-

Panches – Rs.10000/-
Sarpanches – Rs.30000/- (a Gram Panchayat having upto 15 wards)
Sarpanches – Rs.50000/- (a Gram Panchayat having more than 15  wards)
Member Panchayat Samiti – Rs.100000/-
Member Zila Parishad – Rs.200000/-

Q.No.31
What are the number of the Gram Panchayats and Panches and Sarpanches elected to these Gram Panchayats?
Ans.
There are  6212 Gram Panchayats in the State and thus 6212 Sarpanches have been elected as Chairpersons of these Gram Panchayats. Further, 62683 Panches have been elected to the 62683 wards of the Gram Panchayats.
Q.No.32
What are the numbers of Panchayat Samitis and Members directly elected to these Panchayat Samitis?
Ans.
There are 126 Panchayat Samitis in the State and 3001 Members are directly elected to these Panchayat Samitis.
Q.No.33
What are the numbers of Zila Parishads and Members  directly elected to these Zila Parishads?
Ans.
There are 21 Zila Parishads in the State for which 416 Members are directly elected.
Q.No.34
What were the numbers of Polling Booths set-up during the Second  General Panchayat Elections to the Panchayati Raj Institutions held in January, 2016?
Ans.

21475 Polling Stations were set-up in the Fifth General Panchayat elections to the Gram Panchayats, Panchayat Samitis and Zila Parishads held in January, 2016.

Generally one polling station is created for each ward and the polling station is located in a public building located in the ward itself  In case no suitable public building is available in the ward, then it can be located in some private building and also outside the ward.

Q.No.35
What is procedure for the Counting of votes and declaration of results of election of Panches and Sarpanches of Gram Panchayats?
Ans.
In the booklet/guidelines issued by the Commission for the  Returning Officers and Polling Officers, after the close of Polling, the votes polled for elections to the office of Panches and Sarpanches are counted by the Presiding Officers at the polling stations itself.  The result for election to Panches are declared on Form no.18 and that of Sarpanch on Form No.19.
Q.No.36
What is procedure for Counting of votes for election to Panchayat Samitis and Zila Parishads and declaration of results thereof?
Ans.

The counting of votes for the office of Members of Panchayat Samitis and Zila Parishads is made on the dates and at the centres prescribed by the Deputy Commissioner-cum- District Election Officers (Panchayats).  The results are declared by the Returning Officer  of the Panchayat Samiti after compiling the result sheets prepared by the counting staff on  Form 20.       

Similarly the elections to the office of Members of Zila Parishads are declared by the Deputy Commissioner who is also the Returning Officer of the Zila Parishad after compiling the result sheet received from the Asstt. Returning Officer (Panchayat) for Zila Parishad on Form 21.

Q.No.37
Are the election to the Panchayati Raj Institutions held on party lines?
Ans.

(1) As per provisions contained in the Haryana Panchayati Raj Election Symbols (Reservation and Allotment) Order, 2014, issued by the Commission vide No.SEC/3E-III/2014/314, dated 13/03/2014, the election to the office of Panches and Sarpanches of the Gram Panchayats are not held on party lines.

(2)  However, the elections to the Members of Panchayat Samitis and Zila Parishads are held on party lines for which the National Parties recognized and registered with the Election Commission of India and the State level  Political Parties in the State of Haryana recognized and registered with the Election Commission of India and with the State Election Commission can set-up their candidate for election to the Panchayat Samitis and Zila Parishads.

 

 
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