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Page 4

 

Q.No.51 What are the numbers of Municipal Corporations and Wards of the Corporations in the State ?
Ans. There is only nine Municipal Corporation namely Faridabad, Gurgaon, Ambala, Hisar, Panipat, Karnal, Panchkula, Yamuna Nagar & Rohtak in the State. Total no. of wards are 214 in Municipal Corporations.
   
Q.No.52 What are the numbers of Municipal Councils and Municipal Committees in the State and the  directly elected members to these Municipalities ?
Ans.

(I)There are 14 Municipal Councils  in the State and the total number of directly elected members to these Councils are 390.

(II) There are 51 Municipal Committees in the State and the total number of members  of these Committees are 741.

   
Q.No.53 How many polling booths were set up for the Municipal elections during the last General Elections held in the years from  2000 to 2004?
Ans. A total number of 3380 polling booths were set up during the Second Municipal General elections held in four phases in the years 2000 to 2004. The polling booths are normally located in public buildings and if no suitable public building is available for any particular Ward, then the polling station can be established in some private building also.
   
Q.No.54 What are the total number of electors of Urban Local Bodies and what was the percentage of polling in the last General Elections ?
Ans. The total number of voters to the Urban Local Bodies in the State are 48,47,591. The poll percentage during the Fourth General Elections held for Corporations was 46.95%, for Councils was 72.3% and for Committees was 79.1%.
   
Q.No.55 What are the provisions for counting of votes and declaration of results for elections to the members of the Municipalities ?
Ans. As per instructions/ directions issued by the State Election Commission as contained in the Election Programme issued under Rule 19, the counting of votes for elections to members of Municipal Councils and Municipal Committees, is made by the by the Presiding Officer as per the procedure prescribed under Rule 59 of 1978 Rules in the  presence of polling officers and such candidates or their agents if any, as may be present.
   
Q.No.56 What is the procedure for constitution of Municipal Council and Municipal Committee and what is their tenure ?
Ans.

Under the provisions contained in  Section 2A of the 1973 Act, there are three classifications of Municipalities in the State:-

(i) “Municipal Committee” for a transitional areas with population not exceeding 50,000;

(ii)  “Municipal Council” for a smaller urban area with population exceeding 50,000 but not exceeding three lacs; and

(iii) "Municipal Corporation” for larger urban area with population exceeding three lacs to be governed by a separate Act.

   
Q.No.57 What is the duration/ term of the Municipalities and when the elections to constitute the Municipalities should be held ?
Ans.

DURATION

Under the provisions contained in Clause (1) of Article 243U of the Constitution of India,Section 12(1) of 1973 Act and Section 5(1) of the Haryana Municipal Corporation Act, 1994, , the duration of every Municipal Committee/Council and Municipal Corporation respectively, unless sooner dissolved under any law for the time being in force is 5 years from the appointed date for its first meeting after every General Election and no longer.

ELECTION

Under Section 12(2) of the 1973 Act and Section 5(2) of the Haryana Municipal Corporation Act, 1994, an election to constitute a Municipal Committee/Council and Municipal Corporation respectively, shall be completed -- (a) before the expiry of its duration specified in sub-section (1),  (b)  under Section 12 (2)(b) of the 1973 Act or Sub-Section 2(b) of Section 5 of the Haryana Municipal Corporation Act, 1994, as the case may be, before expiration of period of six months from the date of its dissolution.

   
Q.No.58 Are the elections to Municipal Corporations, Municipal Councils and Municipal Committees in the State held on party lines ?
Ans. The Municipal elections in the State are held in Party lines. But in the last two  Municipal General Elections, very small number of candidates were set up by two or three Political Parties & that too in the elections to Municipal Corporation, Faridabad and some other Municipal Councils.
   
Q.No.59 Which are the authorities who determine the reservation of Wards of the Municipal Councils/Committees and Municipal Corporation and what is the procedure followed for such reservation ?
Ans.

(I) Under Section 10 of the 1973 Act, the reservation of  seats/ Wards in every Municipal Council or Committee for the S.Cs, Women belonging to the S.Cs, the B.Cs and Women is determined by the State Government.

(i) The number of seats/ Wards reserved for the S.Cs shall be in proportion of the population of the S.Cs in the Municipal area to the total population of that Municipal Council or Committee.

(ii) Not less than 1/3rd of the seats reserved for the S.Cs shall be  reserved for the Women belonging to the S.Cs. Such seats shall be allotted by rotation and by lot amongst the Wards reserved for the S.Cs.

(iii) Not less  than 1/3rd  (including the number of seats reserved  for the S.Cs) of the  total number of seats to be filled up by direct election in every Municipal Councils and Committees shall be reserved for Women.

(iv) The  seat  reserved  for  Women  shall be allotted by rotation and by lots in different Wards in the Municipal Council and Committee except the seats reserved for the S.Cs, Women belonging to the S.Cs and the B.Cs.

(VI) Two seats  in every  Municipality  shall  be  reserved  for  the persons belonging to the  B.Cs and  these seats shall be allotted to the Wards having maximum population of person belonging to the B.Cs.

(VII) The provision for reservation of wards of Municipal Corporations have been made in Section 11 of the Haryana Municipal Corporation Act, 1994.

   
Q.No.60 Which authority determines reservation of offices of Chairpersons (i.e. President) and Vice Chairpersons (i.e. Vice President) of the Municipalities for the S.Cs, B.Cs and Women and what is the procedure followed in determination of the reservation ?
Ans.

(1)  Under the provisions contained in Section 10(5) of the 1973 Act, read with Rule 70 of the 1978 Rules, the State Government decides the reservation of offices of Chairpersons (i.e. President) of the Municipal Councils and Municipal Committees in favour of the S.Cs, Women belonging to the S.Cs, the B.Cs, Women belonging to the B.Cs  and Women.

(2)  The number of offices of President of the Municipal Councils and Committees to be reserved for the S.Cs and B.Cs in the State shall be  in proportion of the population of the S.Cs and B.Cs in the State to  the total population of the State.

(3)  Not less than 1/3rd  (including the offices of President reserved for Women belonging to the S.Cs and B.Cs) of the total number of offices of the President of Municipal Councils and Committees in the State shall be reserved for women.

(4)  Reservation of offices of President of Municipal Council and Municipal Committee for Women shall rotate in different Municipal Councils and Municipal Committees which will be determined by draw of lots, by a Committee consisting of Director, Urban Development Department and Deputy Commissioner of the Districts concerned or their nominees.

(5)  The provisions for reservation of offices of Mayor, Sr. Deputy Mayor and Deputy Mayor of Municipal Corporations  have been made in Section 11(6) of the Haryana Municipal Corporation Act, 1994.

   
Q.No.61 Which are the authorities responsible for preparation of the Municipal Electoral Rolls and how they are prepared ?
Ans.

(I)  Rule 4 of the 1978 Rules provides that Deputy Commissioner shall under the superintendence, direction and control of the State Election Commission, Haryana prepare the Municipal Electoral rolls for each Ward of the Municipal Council or  Committee in accordance with these Rules.

(II) Under Rule 7, the Deputy Commissioner shall publish the ward-wise draft Municipal electoral rolls for inviting claims and objections to be presented to the Revising Authority.

(III) Under Rule 8, the Deputy Commissioner shall appoint any   Magistrate of Ist Class or IInd Class as Revising Authority for hearing claims and objections.

(IV) Under Rule 10(2), appeal against the order of the Revising Authority can be filed before the Deputy Commissioner. After decision on the appeals by the Deputy Commissioner, the Revising Authority shall correct the rolls with additions and alterations and republish them as final Municipal rolls.

   
Q.No.62 Which are the authorities who determine the Delimitation of Wards and what is the procedure to be followed for this purpose ?
Ans. (I) Under Rule 3 of the Haryana Municipal Delimitation of Ward Rules, 1977, (hereinafter called the 1977 rules) after every official Census, the total number of seats on each Municipal Council and Committee shall be fixed by the Government on the basis of the latest Census figures in accordance with the following formula:-

Municipality with a population                              Number of seat

Not exceeding 10,000                                                   11

Exceeding 10,000 but not exceeding 20,000                      13

Exceeding 20,000 but not exceeding 30,000                      15

Exceeding 30,000 but not exceeding 40,000                      17

Exceeding 40,000 but not exceeding 50,000                      19

Exceeding 50,000 but not exceeding 60,000                      21

Exceeding 60,000 but not exceeding 70,000                      23

Exceeding 70,000 but not exceeding 80,000                      25

Exceeding 80,000 but not exceeding 90,000                      27

Exceeding 90,000 but not exceeding 1,00,000                   29

Exceeding 1,00,000 but not exceeding  3,00,000               31

(II)        Rule 3(2) of the 1977 Rules also provides that the number of seats for members belonging to the Scheduled Castes shall be fixed in proportion to their population in each committee in accordance with the following formula:- 

Total number of seats X Population of Scheduled Castes    -- Total Population

(III) Under Rule 4 of the 1977 Rules, the State Government constitutes an Adhoc Body for each Municipal Council and Committee for preparing a proposal for delimination of Wards. The Adhoc Committee consists of 

(i) Director, Urban Development, Haryana or his representative as Chairman,

(ii) Deputy Commissioner of the District in which the Municipal Council or Committee is situated or his representative,

(iii) President or Administrator of the Municipal Council or Committee concerned and

(iv) the Executive Officer or Secretary of the Committee concerned and

(V) not more than five members belonging to various interests/ groups out of the sitting members of the Municipal Council or  Committee or out of the members of dissolved committee, are also associated by the Adhoc Committee.

 

GENERAL
Q.No.63 Can an election petition be filed before the State Election Commission or any Government Authority?
Ans. After the completion of process of elections and formal notification of the results of the elections, the Election Petition to challenge the election of a person elected as a Panch, Sarpanch, a Member of Panchayat Samiti or Zila Parishad or a Member of Municipal Committee, Municipal Council and Municipal Corporation cannot be filed before the State Election Commissioner or any State Government authority. Such an election petition can be field only before the appropriate Court for decision as prescribed under the concerned Panchayat and Municipal Acts and the Rules.
   
Q.No.64 What are the provisions for filing Election Petition to challenge the election  of persons elected to Gram Panchayats, Panchayat Samitis, Zila Parishads, Municipal Committees, Municipal Councils and Municipal Corporations ?
Ans.

Provision in the Constitution Article 243O (b) and 243ZG(b) of the Constitution of India, provide that no election of member to the Panchayati Raj Institutions and Urban Local Bodies shall be called in question except through an Election Petition presented to such authority in any such manner as is provided for by or under any law made by the Legislature of the State.             

Against persons elected to the Panchayati Raj Institutions  Section 176 of the  1994 Act also provide that an Election Petition to the Civil Court having ordinary jurisdiction in the area within which the election has been or should have been held can be presented for determination of the question raised about the validity of any election of a Member of Gram Panchayat, Panchayat Samiti or Zila Parishad or Sarpanch of Gram Panchayat, Chairman/ Vice Chairman of Panchayat Samiti and President/ Vice President of Zila Parishad respectively.               

Against persons elected to Urban Local Bodies Rule 74 of the 1978 Rules read with Section 264 of the  1973 Act provide that no election of a member shall be called in question except by an Election Petition presented to the Tribunal. 

Similarly under Section 15 of the Haryana Municipal Corporation Act, 1994 and Rule _____ of the Haryana Municipal Corporation Election Rules, 1994,  no election of a member shall be called in question except by an Election Petition presented to the Tribunal.

   
Q.No.65 What are the provisions for removal/ disqualifying a member/ councilor to Panchayati Raj Institutions and Urban Local Bodies after the completion of process of election and formal notification of the results ?
Ans.

(i)      Under the provisions contained in Section 51 of the 1994 Act, Director or Deputy Commissioner concerned may suspend any Sarpanch or Panch (a) when a case against him in respect of any criminal offence is under investigation, enquiry or trial; (b) during the course of enquiry any reasons for which he can be removed after giving him adequate opportunity. The Director or Deputy Commissioner after necessary enquiry and giving opportunity of hearing can remove a Sarpanch or Panch of Gram Panchayat and for the reasons giving in sub-section (3) of Section 51 and also disqualify him for re-election for a period not exceeding six years.

(ii) Under Section 109 (2) of the  1994 Act, the Government may after such enquiry as it may deem fit, remove any member, Vice Chairman or Chairman to the Panchayati Samiti who in view of the other has been guilty of misconduct in the discharge of his duties.

(iii) Under Section 160 (2) of the 1994 Act, the Government has power to remove a President or Vice President or Member of Zila Parishad after giving opportunity of hearing on the grounds mentioned in clauses (a) to (d) of this sub-section.

(iv) Under Section 177 of the 1994 Act, a member of Gram Panchayat, Panchayat Samiti or Zila Parishad can be disqualified from continuing to be member if such a person was subject to any of the disqualifications mentioned in Section 175 of the 1994 Act at the time of his election or during the term for which he has been elected incurs any of the disqualifications mentioned in Section 175. However, before doing so, the concerned person is required to be given opportunity of hearing. The powers to declare disqualified a Member under this Section in the case of Panches, Sarpanches and Members of Panchayat Samiti  vest with the Director and in the case of Member of Zila Parishad with the Government. The Director has delegated his powers to the Deputy Commissioner.       

For Municipality

(v) The powers to remove a Member of Municipal Council and Municipal Committee vest with the State Government under the provisions contained in Section 14 of the Haryana Municipal Act, 1973. The grounds on which such a Member can be removed, have been listed in clauses (a) to (g) of sub-section (1) of Section 14 of the 1973 Act. The Member, however, is required to be given an opportunity of hearing before taking any action of removal against him.

(vi) Rule 21(4) of the 1978 Rules, however, provides that if any question arises as to whether a member of a Municipal Council or Municipal Committee has become subject to any of the disqualifications mentioned in the Act and the Rules, the question shall be referred by the Deputy Commissioner to the State Election Commissioner, Haryana, whose decision shall be final.

   
Q.No.66 Are the Political Parties separately registered with the State Election Commission for the purpose of contesting elections to the Panchayati Raj Institutions and Urban Local Bodies ?
Ans. The National Parties and the State level Parties, recognized and registered with the Election Commission of India, have so far been treated to have been registered with the State Election Commission also without any formal registration. However, the State Election Commission has issued the Order 2004 vide notification No.SEC/2E-III/2004/4381, dated 23/04/2004, requiring the Political Parties to get themselves registered with the State Election Commission within six months from the date of issuing of the Order.
   
Q.No.67 Is there a separate Code of Conduct for election to the Panchayati Raj Institutions and Urban Local Bodies ?
Ans. A separate Code of Conduct have been prescribed by the State Election Commission, Haryana in respect of the Panchayati Raj Institutions and Urban Local Bodies and small booklets have been printed for this purpose. At the time of General Elections and bye-elections, these Code of Conducts are made operational from the date of notification of Election Programme and ceases after completion of the election process to the respective Local Bodies.

 

 
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