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Page 3

 

MUNICIPAL ELECTIONS
Q.No.38 How the Polling Officers are appointed ?
Ans.

(i) Rule 19(3) of the Haryana Municipal Election Rules,1978 (hereinafter called the 1978 Rules)  provides that the State Election     Commissioner, Haryana shall authorize the Deputy Commissioner to designate a Returning Officer who shall be an officer of the Government for every committee. Under sub-rule (4) the Deputy Commissioner may appoint one or more Assistant Returning Officer to assist the Returning Officer in the  performance of his functions.

(ii) Rule 34(3)  of the 1978 Rules provide that the Returning Officer shall appoint a Presiding Officer for each Polling Station  and such number of polling officers as he considers necessary.

   
Q.No.39 Under what provisions, the Election Observers are appointed ?
Ans. The State Election Commissioner in exercise of the preliminary powers vested in him under Article 24ZA, Section 3A of the Haryana Municipal Act, 1973 (hereinafter called the 1973 Act), appoints Senior IAS Officers as Election Observers and they are assigned specific responsibility for supervision of poll process. Senior Officers of the rank of Joint/ Dy. Excise and Taxation Commissioner and Excise and Taxation Officers of the Prohibition and Excise Department of the State Government are appointed as Expenditure Observers.
   
Q.No.40 How the members of the Municipalities are elected ?
Ans. The members of the Municipal Corporation, Municipal Councils and Municipal Committees in the State are directly elected by the persons of 18 years of age and above who are registered as electors in the Municipal Electoral rolls of the concerned Ward.
   
Q.No.41 How the Chairperson and Vice Chairperson of Municipalities are elected ?
Ans.

(i) Chairpersons i.e. President and Vice President of Municipal Councils and Municipal Committees and Mayor, Senior Dy Mayor and Dy Mayors of the Municipal Corporation are elected by and from amongst the elected members/ councilors of these Urban Local Bodies in the Ist meeting of the Municipalities convened after notifying the names of elected members.

(ii) Under Rule 70(1)(a) of the Haryana Municipal Election Rules, 1978, unless the Government otherwise directs, the Deputy Commissioner or any Gazetted Officer appointed by him in this behalf shall within 30 days after the publication of notification of the names of the members elected to Municipal Council or Municipal Committee convene the Ist meeting of the newly elected members for administering oath of allegiance to the members. Under Rule 70(1) (b) of the 1978 Rules, the Deputy Commissioner or Gazetted Officer appointed by him in this behalf shall within a period of 30 days of the meeting called for administering oath of allegiance, convene a meeting of the members of the Committee for election of President and Vice President of Municipal Council or Municipal Committee as the case may be.

(iii) The Ist meeting to administer oath and to elect Mayor, Senior Dy Mayor and Dy Mayor of the Municipal Corporation is convened by the Commissioner of the Division under Rule 71(1) of the Haryana Municipal Corporation Election Rules, 1994.

   
Q.No.42 Who are eligible to vote in elections to the Municipalities ?
Ans.

Under Rules 6 and 48 of  the 1978 Rules, all persons of 18 years of age and above enrolled as electors in the Electoral Rolls of the concerned Ward of the Municipal Council or Municipal Committee, are eligible to vote in elections for the said Ward. 

Similarly under the provisions contained in Rules 6 & 49 of the Haryana Municipal Corporation Election Rules, 1994, all persons of 18 years of age and above and is elector in the electoral rolls of the concerned ward of the Municipal Corporation are eligible to vote in the elections for the said ward.

   
Q.No.43 Who is eligible to contest election  in the Municipal elections ?
Ans.

Under the provisions contained in Section 13A(1)(a) of the 1973 Act, read with Rule 21(1) of the 1978 Rules, any person who is not less than 21 years of age and whose name is registered as elector in any Ward of a  Municipal Council or Municipal Committee, shall be eligible to contest as a candidate for any Ward of the said Municipal Council or Committee.

Similarly under the provisions contained in Sections 7 and 8 of the Haryana Municipal Corporation Act, 1994 read with Rule 23 of the Haryana Municipal Corporation Election Rules, 1994, any person who is not less than 21 years of age and whose name is registered as elector in any ward of the Municipal Corporation, shall be eligible to contest  as a candidate for any ward of the said Municipal Corporation.

   
Q.No.44 What are the disqualifications for being a candidate for election to the office of Member of a Municipality ?
Ans.

(I)     Under the provisions contained in Section 13A of the 1973 Act and Rule 21 of the 1978 Rules, a person shall be disqualified for election  as a Member of the Municipal Council or Municipal Committee if-

(i)     his name is not included in the Electoral rolls of any Ward of the Municipal Council or Municipal Committee;

(ii)    he is less than 21 years of age;

(III) he is disqualified  by or under any law for Haryana Assembly elections (except on the ground that he is less than 21 years of age);

(iii) he is disqualified by or under any law  made by Haryana State Legislature;

(iv) Omitted

(v)  for seat reserved for the S.Cs. and B.Cs., if he is not a member of any of the S.Cs. and B.Cs. in relation to the State of Haryana,

(vi) he is disqualified as a result of his election having been set aside under these rules;

(vii) convicted of  an offence under Section 171-E or 171-F of I.P.C. at any time within 5 years from the date fixed for nomination of candidates, or having been disqualified from exercising any electoral right for a period of not less than 5 years in connection with an election of the State Legislation is on the said date of nomination subject to the disqualification.

(viii) he is under contract for a work to be done for or goods to be supplied to the Committee,

(ix) he receives any remuneration out of Municipal funds or for service rendered to the Committee;

(x)  proscribed from Government employment within 5 years from the date fixed for nomination of candidates;

(xi) he is serving a sentence of imprisonment for not less than two years at any time within 5 years from the date specified for nominations of candidates;

(xii) convicted under the Protection of Civil Rights Act, 1955 at any time within 5 years from the date specified for nominations of candidates;

(xiii)  he is undischarged a insolvent;

(xiv) he is in arrears at any time exceeding Rs.100/- from him (otherwise than a trustee) to the Committee) when a special demand served upon him by the Committee;

(xv) he is whole time salaried official in the service of Panchayat Samiti, Gram Panchayat, Municipal Committee, Notified Area Committee, Cantonment Board, Improvement Trust or hold an office of profile under the Government of India or Government of any State other than an office declared by Legislature of Haryana by Law to disqualify its holder for being choosen or being for a member of Legislative Assembly of the State; and

(xvi)  disqualified for Membership of any Zila Parishad,  Panchayat Samiti or Gram Panchayat or Municipality, Notified Area Committee, Cantonment Board or Improvement Trust as a result of his election for membership of such Panchayat Samiti or Panchayat or Board or Trust or Committee having been declared void for corrupt practices.

(II) The disqualifications for a person to be chosen as and for being a member of the Municipal Corporation have been listed in Section 8 of the Haryana Municipal Corporation Act, 1994 and Rule 23 of the Haryana Municipal Corporation Election Rules, 1994.

   
Q.No.45 Which is the relevant date for determination of age (18 years) of voter?
Ans. Under the explanation to Rule 5(d) of the 1978 Rules, the qualifying date for determination of age of the voter is Ist January of a year in which the Municipal Electoral Rolls are prepared or revised.
   
Q.No.46 Which is the relevant date for determination the age (21 years) for the candidate ?
Ans. The date for scrutiny of nominations is relevant date to determine the age of 21 years of a candidate to file nomination for contesting the Municipal elections.
   
Q.No.47 What are the amounts of security deposits prescribed for the contesting candidates to seek election to the Municipalities ? Is there any concession for candidates belonging to the Scheduled Castes, Backward Classes and Women ?
Ans.

Under Rule 24 of the 1978 Rules and Rule 25 of the Haryana Municipal Corporation Election Rules, 1994, the following amounts have been prescribed for the candidates seeking elections to the Municipalities:-

Class of Municipality

Amount of deposit

 
 

If the candidate is not a member of Scheduled Caste, Backward Class or a women

If the candidate is a member of Scheduled Caste, Backward Classes or a women

1
2
3

Municipal Committee

Municipal Council

Municipal Corporation

Rs.1000.00

Rs.2000.00

Rs.3000.00

Rs.500.00

Rs.1000.00

Rs.1500.00

However, if a candidate has been nominated of more than one nomination papers for election in the same constituency, not more than one deposit shall be required to be deposited by him.

   
Q.No.48 What are the permissible limits of expenditure prescribed for the candidates which they can incur in the  Municipal  elections ?
Ans. Under notification Nos.SEC/3ME/2015/619, dated 03.06.2015 for Committee/Council and SEC/3ME/2015/628, dated 03.06.2015 for Corporations, issued by the State Election Commission in exercise of powers vested in   para 4 of the Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) Order, 2006 for Committee/Council and Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) Order, 2007 for Corporation, the following limits of the expenditure for the contesting candidates for election to the office of Member of Urban Local Bodies have been prescribed by the State Election Commissioner,

Class of committee

Expenditure limit

Municipal Corporation

Municipal Council

Municipal Committee

Rs.2,10,000.00

Rs.1,00,000.00

Rs.75,000/-

   
Q.No.49 What is the method of filing accounts of election expenses and is there any time limit for filing such accounts of election expenses ?
Ans. Under para 6 of the Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) Order, 2006 for Committee/Council and Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) Order, 2007 for Corporation, the contesting candidates are required to maintain account of Election Expenditure in the proforma as per Annexure II of this Order and to submit their accounts of election expenses in duplicate  to the Deputy Commissioner within 30 days from the date of declaration of result of the election who will in turn submit to the State Election Commission. The Deputy Commissioner shall retain one copy of the accounts of Election Expenses and the second copy shall be submitted to the State Election Commission.
   
Q.No.50 What action can be taken against the candidate/ elected member if he does not file the accounts of election expenses within the prescribed limit ?
Ans. As per provisions contained in para 11 of the Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) Order, 2006 for Committee/Council and Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts) Order, 2007 for Corporation, if a candidate fails  to lodge his account of election expenses within the prescribed time limit in the manner prescribed, he can be disqualified for a period of  three years from the date of order.

 

 
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