Alert : Javascript is disabled. To View this Website, Please Enable Your Browser's Javascript...


THE ORISSA PANCHAYAT SAMITI ELECTION RULES, 1991*

1. The Orissa Panchayat Samiti ElectionRules, 1991
2. GENERAL
3. DIVISION AND RESERVATION OF SAMITI CONSTITUENCIES
4. ELECTION OF MEMBERS OF PANCHAYAT SAMITI
5. POLLING ARRANGEMENT
6. CONDUCT OF POLLING
7. ELECTION OF THE CHAIRMAN/VICE-CHAIRMAN OF PANCHAYAT SAMITI
8. MISCELLANEOUS

CHAPTER I
The Orissa Panchayat Samiti ElectionRules, 1991

 

  1. (1) These rules may be called “The Orissa Panchayat Samiti Election Rules, 1991”.

      2. (1) In these rules, unless the context otherwise requires-

(d-1) “Commissioner” means the State Election Commissioner appointed “under Article 243-K of the Constitution”; and

 


CHAPTER II
GENERAL

 

  1. (1) No person shall be eligible to stand for election as a Member of Samiti unless his name finds place in the electoral roll of any of the Samiti
    Constituencies within the Samiti area.

          (2) No person shall be eligible to be either the proposer or the seconder of a candidate for the election of the Member of Samiti unless his name               finds place in the electoral roll of any of the Samiti Constituencies within the Samiti area.

  1. (1) The Government shall, by one or more notifications published in the Official Gazette on such date, or dates as may be recommended by the Commissioner call up the Samiti Constituencies to elect Members of the Samiti in accordance with the provisions of the Act and these rules.

Provided that where the election of the Samiti is held simultaneously with the Grama Panchayats, the programme of election of a Member of Samiti should be the same date as that of the election of a Sarpanch.

  1. The symbols to be used in the election of the Samiti by the candidates shall be notified by the Commissioner from time to time and the notification under this rule shall be published in the Orissa Gazette :

Provided that such symbols shall not, however, include any symbol allotted to the political parties by the Election Commission of India.

      6. As soon as the division and reservation of constituencies are notified by the Collector under sub-section (2-A) of Section 16, the final electoral roll of every Grama, prepared under the Panchayat Election Rules comprised within the Samiti Constituencies including the revision, addition or alteration, if any, together form the final electoral roll of that Samiti Constituency :

Provided that where the election of the Member of the Samiti is held separately than that of the election of the Gramas, the procedure laid down for preparation and final publication of electoral roll under the Panchayat Election Rules shall apply mutatis mutandis for preparation and final publication of electoral roll in respect of election of the Member of the Samiti.


CHAPTER II-A
DIVISION AND RESERVATION OF SAMITI CONSTITUENCIES

 

7-A. In this part, unless the context otherwise requires :-

7-B. (1) Subject to the provision of clause (a) of sub-section (2-A) of Section 16, every Block shall be divided into constituencies and the number of constituencies so divided shall so far as practicable be equal to the number of Gramas in the Block.

       (2) The list shall be prepared in Form No. 19.

7-C. Subject to the directions, if any, issued by the Governor of Orissa under paragraph 5 of the Fifth Schedule to the Constitution of India out of the constituencies left in the list of candidates, other than those reserved for the Scheduled Castes and the Scheduled Tribes, reservation of constituencies for the members of backward class of citizens shall begin from the constituency which appears first and shall continue one by one until the required quota is completed.

7-D. (1) The draft statement showing the division and reservation of constituencies in the Samiti shall be prepared in Form No. 19 and published together with a notice in Form No. 20 inviting objections and suggestions from all persons interested, within a period of seven days from the date of such publication, who may submit his objection or suggestion in writing or may send the same to the Collector by post.

Objections or suggestions received after the period specified under sub-rule (1) shall not be considered.

7-E. Objection and suggestion received under Rule 7-D shall be consolidated constituency wise and after considering the same, the Collector shall pass his orders as to whether there shall be any alteration to be made in respect of any constituency and if so, the extent thereof.

7-F. After making such alterations, if any, under Rule 7-E, the Collector shall publish the final statement of division and reservation of constituencies of the Samiti in Form No. 19 within seven days from the date of expiry of the period prescribed under Rule 7-D.

7-G. The Collector shall submit the list and statement of constituencies in Form No. 19, together with the list of offices of Chairman of Samities including those reserved for the Scheduled Castes, the Scheduled Tribes, Backward Class of citizens and Women, to the Commissioner by such date as the Commissioner may fix for the purpose which shall not, unless the Commissioner otherwise directs, be less than six weeks before the date fixed for issue of the notification under sub-rule (1) of Rule 4.

7-H. (1) On receipt of the report from the Election Officer under sub-rule (11) of Rule 11 regarding failure of election for second time on the ground that no person belonging to any particular category, for which the seat of the member has been reserved is available in the voter list of any of the Samiti Constituencies in the Block, even for nomination under sub-section (1) of Section 45-C, the Collector shall send his recommendation as required under sub-section (2) of the said section to the Government for dereservation of such seat.

(2) The recommendation of the Collector shall comprise the following, namely :-

Certified that we have carefully verified the voter list of all the Samiti Constituencies of the Block and found that no person belonging to the reserved category is available in the said voter lists for nomination under sub-section (1) of Section 45-C.

We, therefore, recommend that the seat of the Samiti Member of----------------------- Samiti Constituency under-------------------

-Block be dereserved under sub-section (2) of the said section.

Election Officer                                                   Collector 


CHAPTER III
ELECTION OF MEMBERS OF PANCHAYAT SAMITI

 

  1. (1) The Election Officer shall, at least four weeks before the date fixed for election issue a notice in Form No. 3 calling for names of candidates for the Office of the Member of Samiti from every Samiti Constituency and specifying the date, time and place of filing nominations; and
  1. A nomination can be presented to the Election Officer at the appointed date, time and place specified in the notice either by the candidate himself or his proposer or seconder.
  2. The Election Officer shall arrange for supply of forms relating to the election of the Members of Samiti at the office of the Block concerned.
  3. (1) On the date appointed for presentation of the nomination paper, a candidate wishing to stand for election for the Member of Samiti, unless
    he is a member of the Scheduled Tribes or the Scheduled Castes shall deposit or cause to be deposited with the Election Officer in cash, a sum
    of rupees one hundred.

Explanation-The total number of votes polled shall be deemed to be the number of ballot papers other than spoilt ballot papers counted.


CHAPTER IV
POLLING ARRANGEMENT

 

  1. (1) The Polling Station for a Ward of a Grama Sasan within the Samiti Constituency shall be located within the area of that Ward :

Provided that the Election Officer may, if necessary, have a single Polling Station for more than one Ward.

  1. (1) There shall be a Presiding Officer at each Polling Station who shall exercise such powers of the Election Officer as may be delegated to
  1. (1) The Election Officer shall provide such number of Ballot Boxes to each Polling Station as may be required.
  1. (1) Only the printed Ballot Papers as contained in Form No. 11 shall be used for the election of Member of Samiti. 
  1. Each contesting candidate may appoint not more than one Polling Agent to remain present on his behalf at the Polling Station during the poll
    as well as at the time of counting of the votes.
  2. The polling at each Polling Station may take place during such hours as may be fixed by the Commissioner.
  3. The Ballot Papers shall be marked by the voters by means of a rubber stamp bearing cross mark.

CHAPTER V
CONDUCT OF POLLING

 

  1. (1) The Election Officer shall supply to the Presiding Officer appointed for the Polling Station the following papers, namely

be taken up by the Presiding Officer at the Polling Station, he shall also :-

  1. It shall be the responsibility of the Presiding Officer to proceed to the Polling Station well in advance of the time fixed for the poll and make
    necessary arrangements so as to ensure that polling commences exactly at the time notified by the Commissioner.
  2. (1) The Presiding Officer shall examine the authority of the Polling Agents, if any present authorised by the candidates and admit them to the
    Polling Station, if he is satisfied that the authority is valid under these
  1. (1) One hour before the commencement of the poll, a copy of the list of contesting candidates together with a description of the symbol assigned to each in Form No. 9 shall be exhibited prominently to the public at the Polling Station.

          (2) A notice specifying the area of the Polling Station and the date and time of poll shall also be exhibited.

  1. Immediately before commencement of the poll, the Presiding Officer shall demonstrate to the Polling Agents, if any are present, that the Ballot Box is empty and is either locked up or so secured by any device that the Ballot Papers can be inserted therein but cannot be removed therefrom except by breaking or otherwise tampering with the box
  2. .     The Polling shall commence exactly at the appointed hour. On arrival of each voter at the Polling Station, the Presiding Officer shall direct the Polling Officer to check up his name with reference to the working copy of the voter’s list furnished by the Election Officer and shall issue a Ballot Paper to the voter after a mark in indelible ink on the left forefinger below the nail is made by the Polling Officer.
    1. After issue of the Ballot Papers, the Polling Officer shall tick mark the name of the voter in the working copy of the voter’s list.
    2. In case of voter who is physically incapacitated or is blind, the Presiding Officer shall at the request of such voter allow him to take a
      companion to the place set apart for voting.
    3. (1) Any contesting candidate or his Polling Agent may object to the identity of a voter on the ground only that he is only the person he
      claims to be as per entry in the voters list.
    4. The forms prescribed for such voting shall be in Form No. 20-A
      • The Presiding Officer shall explain to the voter the manner of marking the Ballot Paper, if necessary.
      • 24-A. (1) The procedure as prescribed in the Panchayat Election Rules relating to voting and counting by electronic voting machine shall mutatis
        mutandis apply to the voting under these rules. and 2o-B.

      • The voter shall then proceed to the enclosed space in the booth and affix the cross mark on the Ballot Paper secretly with the stamp provided for the purpose against the symbol of the candidate to whom he wishes to vote.After affixing the cross mark the voter shall fold the Ballot Paper to the inner side so as to maintain secrecy of the vote and insert the same into the Ballot Box intended for the purpose.In case of difficulty, the voter shall approach the Presiding Officer who shall assist the voter in inserting the Ballot Paper into the Ballot Box.

      • Any reference in this rule to the left forefinger of voter shall, in the case where the voter has his left forefinger missing, be construed as a reference to any other finger of his left hand and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or, as the case may be, any other finger of his right hand and shall, in case where all his fingers of both the hands are missing, be construed as a reference to such extremity of his left or right arm as he

      • Any reference to Ballot Box or Ballot Paper for such voting shall be construed as and including a reference to such voting machine.

      24-B. The procedure for voting by a voter on duty at the same or another Polling Station as prescribed in the Panchayat Election Rules shall mutatis mutandis apply to the voting under these rules.

  3. For every such objection a fee of rupees two shall be deposited with the Presiding Officer.
    • The Presiding Officer shall decide the objection summarily and his decision shall be final.
    • If the objection is allowed, the deposit shall be refunded to the person who deposited the amount.
    • If the objection is disallowed, the deposit shall be forfeited and a receipt in Form No. 5-A shall be granted by the Presiding Officer to the
      person who has made the deposit.
    1. (1) The Presiding Officer shall so regulate the entry into the Polling Station that the polling proceeds in an orderly manner.
    • All voters who appear between the hours fixed for the poll within the Polling Station area shall be allowed to vote.
    • No voter shall be admitted inside the Polling Station area after the time fixed for closing the polling.
    1. When the Presiding Officer is unable to remain at the Polling Station temporarily for reasons beyond his control, he shall authorise one
      of the Polling Officers to act as the Presiding Officer.
    2. (1) After close of the polling in the Polling Station, the Presiding Officer shall proceed to take up the counting of the votes polled in the
      presence of the candidates or their polling agents, if any, present at the Polling Station.
  4. (2) Each vote cast by the voters shall be scrutinized by the Presiding Officer in the course of counting and a vote shall be invalid for counting on
    one or more of the following grounds, namely :-

    • if it bears any mark or writing by which the voter can be identified;
    • if it does not bear the mark specified under Rule 18;
    • if votes are recorded in favour of more than one candidate;
    • if the mark indicating the vote placed in such a manner so as to make it doubtful as to the candidate in whose favour the same has cast;
    • if the Ballot Paper is spurious;
    • if the Ballot Paper is so damaged or mutilated that its genuineness cannot be established;
    • if the Ballot Paper does not bear the authentication mark of the Presiding Officer as specified by sub-rule (3) of Rule 15.
    • The Presiding Officer shall record the reason (s) for rejecting the Ballot Paper on the Ballot Paper itself and sign the same.
    • The result of the counting of the Ballot Papers in respect of the
      candidates of the Samiti shall be recorded in Form No.13.
    1. (1) Immediately after close of the counting, the Presiding Officer shall prepare separate bundles of all papers, reports, used and unused
      Ballot Papers in respect of the Polling Station of the Samiti, seal each packet, note thereon the Polling Station to which it relates and forward the packets to the Election Officer on the same day.
      1. it shall not be necessary either to publish the electoral roll; and
      2. the Election Officer shall issue notice calling for names of candidates for the office of the Member of Samiti at least two weeks before the date fixed for election.
      3. It will be open to the candidates or their Polling Agents to affix their seal on the aforesaid packets, if so desire.

 

  1. (1) After receipt of the result from the Election Officer, the Collector of the district shall publish the names of the duly elected candidates in his noticeboard as required under sub-section (6) of Section 16.

(1) If there is a failure of election to any of the Samiti Constituencies,

(2) If there is a failure of the election so held for the second time, theElection Officer shall forthwith report the matter to the Government through the Collector of the district for nomination of a person to fill up the vacancy under Section 45-C.

    1. (2) When seat of a member of Samiti is dereserved under sub-section (2) of Section 45-C, the Commissioner shall, on receipt of the
      communication to that effect under sub-rule 7-H from the Government, fix up dates for conducting election to such seat, whereupon the provisions of these rules shall apply subject to modifications prescribed under sub-rule (1).

      the notification under sub-rule (1) of Rule 33 shall be withheld until receipt of the result of fresh election from the Election Officer.(1) When it is necessary to hold election for the second time in any case in the course of a General Election, the procedure prescribed in the foregoing rules for the conduct of election shall apply subject to the following, namely :-

CHAPTER VI
ELECTION OF THE CHAIRMAN/VICE-CHAIRMAN OF PANCHAYAT SAMITI

 

  1. The Election of the Chairman and Vice-Chairman of the Samiti shall be held in the office of the Samiti or at such other public place at the headquarters of the Samiti as the Collector of the district may determine.
  2. (1) The Election Officer shall, within three days of the publication of the notification under sub-rule (1) of Rule 33, issue-

NOTE— (a) First meeting as referred to in Clause (I) of this sub-rule shall mean the first meeting as referred to in sub-section (3) of Section 16.

  1. (1) The nomination of every candidate shall be made in Form No. 17

The Form aforesaid may be printed, typed, cyclostyled or be in

 

  1. Procedure after filing of nomination paper :-
  1. (1) Every member present and wishing to vote shall be supplied with a ballot paper duly authenticated by the Election Officer with his seal
    and signature. 

(2) Names of the duly nominated candidates shall be typed or cyclostyled or legibly written on the ballot paper arranged according to the alphabetical order of their names in the following format in Oriya :—

 

Serial

Name of the Candidate

Voting sign

No.

with name of the father

(X)

 

or husband

 

(1)

(2)

(3)

 

        (3)    The members shall then proceed one after the other to the place set apart for voting and there secretly place a clear arrow cross mark in Column (3) of the ballot paper against the name of the candidate for whom he wishes to vote and shall then fold the ballot paper inwardly and deposit it in a ballot box placed in full view of the Election Officer.

Explanation-The Election Officer shall explain the above procedure to the member before the commencement of the poll.

       (4)     In the case of a member who is physically incapacitated or is blind, the Election Officer shall at the request of such member take him to the place set apart for voting, ascertain his choice, accordingly mark the voting paper, fold it up so as to maintain secrecy and deposit it in the ballot box.

  1. Immediately after the voting is over, the Election Officer shall count the votes in the presence of the members and record the number of votes secured by each candidate in statement in Form No.18.
  2. A vote shall be liable for rejection on either one or more of the following grounds, namely :-

(i) if the ballot paper bears the signature of the voter or contains any word, sign or visible representation by which he can be identified.

  1. Upon completion of the counting, the Election Officer shall declare the result of election of Chairman in the following manner, namely :-
  1. (1) Within three days of declaration of the result of the election of the Chairman under Rule 44 or failure of election under Rule 39, the
    Election Officer shall issue a notice in Form No. 16 notifying the date, time and place of election to the office of the Vice-Chairman.

CHAPTER VII
MISCELLANEOUS

 

  1. Casual Vacancy-In the case of a vacancy occurring on account of removal, resignation, death or otherwise of an elected member, Chairman or Vice-Chairman of the Samiti, the Block Development Officer shall forthwith report the fact to the Commissioner through the Collector of the District who shall fix a date as soon as convenient for holding a by- election to fill up the vacancy.

Provided that in case of a by-election to the office of an elected member, the electoral roll utilised at the time of election to such office shall be utilised and unless the Commissioner otherwise directs, it shall not be necessary either to publish the electoral roll or to invite objections :

Provided further that the Commissioner may, if the circumstances so warrant, fix up different dates for different stages of election proceedings to fill up casual vacancies.

. (1) Notwithstanding anything contained in these rules, if at any time or in any case the proceedings at any polling station are interrupted or obstructed for any reason whatsoever and the Presiding Officer is satisfied that free and fair conduct of election has been affected thereby, he shall direct postponement of the poll and shall forthwith inform the Election Officer.

46-B. (1) If the proceedings at any polling stations are interrupted or obstructed by any riot or open violence or if it is not possible to take the poll at any polling station or if at any time or in any case it appears to the Election Officer that during the course of an election, it is or has become impracticable to go ahead with the process of election including the poll due to natural calamity or otherwise, the Election Officer may, by a reasoned order, announce an adjournment of the poll to a date to be notified later and shall report the facts of the case to the Commission.

(2) If the Commissioner is satisfied on the report of the Election Officer or otherwise as regards the facts stated at sub-rule (1) above, he shall direct poll on such date, place and hours as he may satisfy.

46-C. (1) If at an election-

 

  1. A person shall not be deemed to have any interest in a contract made with or any work being done for the Samiti constituted for a Block as
    specified in clause (o) of sub-section (1) of Section 45 by reason only of his having a share or interest in-
  1. (1) A person suffering from any of the disqualifications specified in clause (h) or clause (i) of sub-section (1) of Section 45 may represent to
    Government giving the full facts and reasons for removal of such

          (2) The Government may, after such enquiry as they may deem necessary, remove such disqualification by a notification.

  1. (1) The Collector of a district may draw and publish the list of persons proved to his satisfaction or to the satisfaction of any subordinate officer not below the rank of a Sub-Collector who are in the habit of encouraging litigation in the villages and may from time to time alter or amend such list.

Provided that the Collector shall hear any such person who, before his name has been so published, appears before him and desires to be heard.

Every person whose name is included in such list shall be deemed to be in the habit of encouraging litigations in the villages within the meaning of clause (n) of sub-section (1) of Section 45.

  1. (1) If any question arises as to the interpretation of these rules, the question shall be referred to the Commissioner for decision.
  2. Any dispute arising out of any of the provisions of these rules except those contained in Part II-A and Rules 47, 48 and 49 shall be deemed to be an election dispute under the Act and shall be decided by such authority and in such manner as provided in the Act.
  3. The Orissa Panchayat Samiti (Conduct of Election) Rules, 1970 are hereby repealed :

Provided that notwithstanding such repeal anything done or any action taken under the rules so repealed shall be deemed to have been done or taken under these rules.