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BIRDS EYE VIEWon the Local Body Elections

PREAMBLEThe Tamil Nadu State Election Commission takes pride in

saying that it is a mind-boggling exercise to conduct Ordinary

Elections for more than 1,30,000 posts all over Tamil Nadu. It is a

Herculean task to engage nearly 5,00,000 Government servants for

the conduct of Local Body Elections. This election process has to

be conducted meticulously and it supervised vividly with all faith

and sincerity. The State Election Commission is like a good watch.

It has an open face; busy hands; well regulated with efficient

control.

The Tamil Nadu Panchayat Act, 1994 envisages the

establishment of a three-tier structure of Panchayats viz. Village

Panchayats, Panchayat Unions and District Panchayats. It also

provides for the creation of Grama Sabha for enhancing peoplesparticipation and establishment of District Planning Committee for

local bodies. There are separate rules framed under the Panchayat

Act, 1994 which contemplates the fixation of the strength,

delimitation of wards and reservation of seats. Tamil Nadu

Panchayats (Elections) Rules, 1995 speaks out the rules and

procedures to be followed in the conduct of Rural Local Body

Elections. Similarly, the District Municipal Act, 1920, the Chennai

City Municipal Corporation Act, 1919, the Madurai City Municipal


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Corporation Act, 1971, Coimbatore City Municipal Corporation

Act, 1971 and various other Acts and Rules made thereunder

contemplate the Constitution, delimitation of wards and reservationof seats for Urban Local Bodies. The Tamil Nadu Town

Panchayats, Municipalities, Third Grade Municipalities and

Corporations (Elections) Rules, 2006 envisage the rules and

procedures to be followed in Urban Local Body Elections. The

Birds Eye View on Local Body Elections highlights all the vital

provisions of the said Acts and Rules as a ready reckoner.


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Salient Features of the 73rd and

74th Amendments to theConstitution Of India

The 73rd

and 74th

Amendment to the Constitution of India is

an epoch-making history in the process of establishing democratic

decentralised administration through local bodies and taking

administration to the doorsteps of the people to ensure economic

and social justice. The process of conducting elections to the localbodies has become a constitutional obligation after the

promulgation of the above said amendments.

Features of 73rd

Constitutional Amendment Act

(Panchayats)

1. Formation of Grama Sabha in every village with powers ofgeneral supervision over the elected village panchayat and the

power to accord approval to the annual plans of the panchayats.

2. Formation of a three tier Panchayats i.e., District Panchayats,Panchayat Unions and Village Panchayats made obligatory.

3. More or less a uniform composition of Panchayats at each levelthroughout the country.

4. Reservation of seats for the weaker sections of the public i.e.SCs, STs and for Women, not only in the offices of members of

panchayats but also in the offices of Chairperson.

5. The duration of office of the elected bodies is fixed rigidly asfive years uniformly and election to Panchayats is brought

under the supervision, direction and control of an independentconstitutional authority viz., the State Election Commission.


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6. Vesture of adequate powers and responsibilities.7. Powers to impose taxes and provision for grants, assignments

etc. from Government funds through constitution of a State

Finance Commission.

Features of 74th

Constitutional Amendment Act

(urban local bodies)

1. Devolution of more functions and taxation powers.2. Revenue sharing with State Government funds.3. Regular conduct of elections.4. Reservation of seats for SCs, STs and for women.5. Uniform composition of the Urban Local bodies throughout the

country.

6. Prescription of criteria for categorizing the urban local bodieslike Town Panchayats, Municipalities and the City Municipal

Corporations.

7. Restriction on the formation of townships only to industrialareas where the entire municipal services are provided or

proposed to be provided by the industry itself.

8. Formation of the District Planning and Metropolitan PlanningCommittee.


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Number of Offices of

Local Bodies in Tamil Nadu -Conduct of Elections

Rural Local Body Elections

The number of wards and the number of offices under the

three categories of rural local bodies are as follows: -

Total number of OfficesRural Local

Body

No. ofLocal

Bodies

TotalNo. of

wardsWard

Members

Presidents/

Chairman

Village

Panchayat12,618 40,879 97,458 12,618

Panchayat

Union385 6,570 6,570 385

District

Panchayat29 656 656 29

Total 13032 48,105 1,04,684 13,032

Direct Elections:

In Rural Local Bodies, the following offices are filled up by

direct elections (i.e.) the representatives are elected directly by thepublic.

1. District Panchayat Ward Members2. Panchayat Union Ward Members3. Village Panchayat Presidents and4. Village Panchayat Ward Members

Indirect Elections:


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In Rural Local Bodies, the following posts are filled by

indirect elections i.e. the candidates to the offices are elected from

among the members elected directly.

The District Election Officer shall conduct Indirect Election

for the posts of

1. Chairman, District Panchayat,2. Vice-Chairman, District Panchayat,3. Chairman, Panchayat Union,4. Vice-Chairman, Panchayat Union and5. Vice President, Village Panchayat.

Party based Election in Panchayats

The Tamil Nadu State Election Commission will notify

from time to time as to which of the Panchayat Elections will be

held on party-basis. At present, the elections to the Offices of the

District Panchayat Ward Members and the Panchayat Union Ward

Members are held on party basis. The elections to the Offices ofthe Village Panchayat Presidents and the Village Panchayat Ward

Members are held on Non-Party basis.


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Urban Local Body Elections

The number of various offices in Urban Local Bodies are asfollows:-

Total Number of Total Number ofUrban Local

Body

No. of

local

odies

Total

Wards Members Councillors Mayors Chairman

Municipal

Corporations10 670 - 670 10 -

Municipalities 98 3196 - 3196 - 98

Third Grade

Municipalities50 987 987 - - 50

Town

Panchayats561 8807 8807 - - 561

Total 719 13660 13660 719

All Direct elections in urban local bodies are held on Party

basis.

Direct Elections:

In Urban Local Bodies, the following offices are filled up

by direct election:

The offices of-

1. Councillors of Municipal Corporations2. Councillors of Municipalities3. Ward Members of Third Grade Municipalities and4. Ward Members of Town Panchayats

Indirect Elections:


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The following offices are filled up by indirect election:

1. Mayors and Deputy Mayors of Municipal Corporations.2. Chairman / Vice-Chairman of Municipalities, Third Grade

Municipalities and Town Panchayats

3. Chairman of Wards Committees4. Chairman and Members of the Standing Committees5.

Member, Appointment Committee of Corporations

6. Members of Taxation Appeals Committee, AppointmentCommittee and contract Committee of Municipalities

7. Members of Taxation Appeals Committee and AppointmentCommittee of Third Grade Municipalities / Town

Panchayats.


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Duration of Local Bodies

The duration of local bodies shall be FOR A PERIOD OFFIVE YEARS, unless sooner dissolved under any law for the

time being in force.

Every Village Panchayat/Panchayat Union Council/DistrictPanchayat unless sooner dissolved, shall continue for five years

from the date appointed for its first meeting after each ordinaryelection and no longer.

Where a Village Panchayat/ Panchayat Union Council/DistrictPanchayat is dissolved before the expiry of the said period of

five years, election to constitute such Village Panchayat/

Panchayat Union Council/District Panchayat shall be completed

in any case before the expiry of a period of six months from the

date of such dissolution;

Provided that, where a village panchayat / Panchayat Union

Council / District Panchayat is dissolved, within six months before

the expiration of the said period of five years, it shall not be

necessary to hold any election to such village panchayat.

Article 243E of the Constitution of IndiaSec. 9, 18 and 31 of the Tamil Nadu Panchayats Act, 1994

Sec. 214, 215 and 216 of the Tamil Nadu Panchayats Act, 1994

Every Town Panchayat/Third Grade Municipality/ Municipalityunless sooner dissolved, shall continue for five years beginning

from the date appointed for its first meeting after each ordinary

election and no longer and the expiry of the said period of five


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years shall operate as dissolution of the town panchayat / third

grade municipality/municipality.

An election to constitute a town panchayat/third grademunicipality/municipality shall be completed:

before the expiry of its duration i.e., 5 year period.

before the expiry of a period of six months from the date of its

dissolution:

Provided that where the remainder of the period for which

the dissolved Town Panchayat/Third Grade Municipality/

Municipality should have continued is less than six months, it shall

not be necessary to hold any election for constituting the Town

Panchayat/Third Grade Municipality/Municipality for such period

The respective Corporation Laws also envisage the same

provisions in respect of duration of the respective Corporations.

Sec 3G, 3U and 5 of the Tamil Nadu District Municipalities Act, 1920

Article 243U of the Constitution of India


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Election MachineryThe State Election Officer, the District Election Officer,

Electoral Registration Officer, Returning Officer, Assistant

Returning Officer, Presiding Officer, Polling Officer and any other

officer appointed for the conduct of any election and any police

officer posted for election duty shall be deemed to be on deputation

to the State Election Commission for the period commencing on

and from the date of preparation of electoral rolls till its completion

and from the date of notification calling for such elections and

ending with the date of completion of such election. Such officer

shall, during the period, be subject to control, superintendence and

discipline of the State Election Commission.

rule 5(3) of the Tamil Nadu Panchayats (Elections) Rules, 1995 and

rule 5(3) of the Tamil Nadu Town Panchayats, Third GradeMunicipalities, Municipalities and Corporations (Elections) Rules, 2006

Election to Rural Local Bodies

State Election Officer:

The Director of Rural Development will be the State

Election Officer for the conduct of Rural Local Body Elections.

The State Election Officer shall co-ordinate and supervise

the preparation and publication of Panchayat Electoral roll and also

the conduct of election to the offices of Members/Presidents / Vice-

Presidents / Chairpersons / Vice Chairpersons of Rural Local

Bodies. He / She shall also perform such other functions as may be

entrusted to him by the State Election Commission from time totime.


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rule 6 (1) of the Tamil Nadu Panchayats (Elections) Rules, 1995

District Election Officer:

The District Collector shall be appointed as District

Election Officer.

rule 6(2) of the Tamil Nadu Panchayats (Elections) Rules, 1995

Electoral Registration Officer:

The Panchayat Union Commissioner shall be the Panchayat

Electoral Registration Officer for the purpose of preparing and

publishing Panchayat Electoral Rolls in respect of wards of the

Panchayats in his jurisdiction.

sub-section (2) of Sec. 30 of the Tamil Nadu Panchayats Act, 1994;

rule 7 of the Tamil Nadu Panchayats (Elections) Rules, 1995

Returning Officer

(a)Election of Member of District Panchayat

An officer of the Government not below the rank of DistrictPanchayat Secretary will be the Returning Officer for the conduct

of election of Territorial Ward Member of the District Panchayat.


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(b)Election of Member of Panchayat Union Council

A Government officer not below the rank of AssistantDirector of Rural Development will be the Returning Officer for

the conduct of election of Ward Member of Panchayat Union

Council.

(c) Election of Member or Members of Ward and President of

Village Panchayat

An officer not below the rank of Block DevelopmentOfficer shall be appointed as Returning Officer for the election of

Member and President of Village Panchayat. Normally, the

Panchayat Union Commissioner of particular Panchayat Union will

be the Returning Officer for the conduct of election of Member and

Presidents of Village Panchayats in that Panchayat Union.


Assistant Returning Officer

One or more persons may be appointed as Assistant

Returning Officers to perform all or any of the duties and functions

of the Returning Officer as may be directed by the State Election

Commission or the District Election Officer from time to time:

Provided that every such person shall be an officer of the

Government not below the rank of an Assistant in the ministerial

service.

The Assistant Returning Officer shall, subject to control of

Returning Officer, be competent to perform all duties and functions

of Returning Officers except the following:


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rule 6 of the Tamil Nadu Town Panchayats, Third Grade Municipalities,Municipalities and Corporations (Elections) Rules, 2006

District Election Officer

The respective District Collector shall be the District

Election Officer except in Chennai District.

The Commissioner of Chennai City Municipal Corporationshall be the District Election Officer for Chennai Corporation.

rule 7 of the Tamil Nadu Town Panchayats, Third Grade Municipalities,

Municipalities and Corporations (Elections) Rules, 2006

Electoral Registration Officer

The State Election Commission shall authorise therespective Executive Officer of Town Panchayat or Third Grade

Municipality or the Commissioner of Municipality or Corporation

or any other officer, as the case may be, as the Electoral

Registration Officer under the Act, for the purposes of preparing

and publishing the electoral rolls of the Town Panchayats or the

Third Grade Municipalities or the Municipalities or the

Corporations and in respect of the Wards in their jurisdictions.

As far as Chennai Corporation is concerned, the Revenue

Officer is the Electoral Registration Officer.

rule 8 of the Tamil Nadu Town Panchayats, Third Grade Municipalities,


S.O. No. 37/2006/TNSEC/ME, dated 29.08.2006

Returning Officer


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The State Election Commission or the State Election

Officer or the District Election Officer except the District Election

Officer of Chennai Municipal Corporation if specifically directed

by the State Election Commission, shall appoint the Executive

Officer of the Town Panchayat or Third Grade Municipality or the

Commissioner of the Municipality or Corporation or any other

officer of the Government as Returning Officer for the conduct of

election.

The Commissioner of Chennai City Municipal Corporationis the Returning Officer for conduct of election to the Councillors

of Chennai City Municipal Corporation.

rule 9 of Tamil Nadu Town Panchayats, Third Grade Municipalities,


S.O. No. 39/2006/TNSEC/ME, dated 29.08.2006 and


Assistant Returning Officer

The State Election Commission or the State Election

Officer or the District Election Officer, if so specifically authorised

by the State Election Commission, may appoint one or more

officers as Assistant Returning Officers to assist any Returning

Officer in the performance of all or any of his/her duties and

functions.

Provided that every such Assistant Returning Officer shall

be an officer of the Government or of the Town Panchayat or Third

Grade Municipality or Municipality or Corporation, as the case

may be, not below the rank of an Assistant in respect of Town

Panchayat or Third Grade Municipality and Superintendent in

respect of Municipality or Corporation.


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The Tamil Nadu State Election Commission has authorised

the District Election Officer except in the District of Chennai to

appoint the Assistant Returning Officers within their respectiveJurisdiction. As far as Chennai Corporation is concerned, the

Assistant Returning Officers are appointed by the Commission.

The Assistant Returning Officer shall, subject to control of

Returning Officer, be competent to perform all duties and functions

of Returning Officers except the following:

(i) Issue of notice of election and(ii) Declaration of result other than the election to the office of

Councillor of Corporation.



S.O.No. 41/2006/TNSEC/ME, dated 30.8.2006 and

S.O.No. 53/2006/TNSEC/ME, dated 4.9.2006

Presiding Officers and Polling Officers

The Returning Officer shall appoint a Presiding Officer and

Polling Officers in accordance with the scale as specified by the

State Election Commission for each polling station.

The Tamil Nadu State Election Commission has authorised

that the number of Polling Officers to be appointed for each polling

station shall be four (4) in respect to election to Municipality.

Provided that only officers or servants of the Government,

or local authorities except the employees of the Town Panchayats

or Third Grade Municipalities or Municipalities or Corporations

concerned shall be appointed as Presiding Officers. All employees

of the State Government, local authorities the undertakings owned

by the State Government or aided schools may also be appointed as

Polling Officers.


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rule 13 ofTamil Nadu Town Panchayats, Third Grade Municipalities,


S.O.No.47/2006/TNSEC/PE, dated 4.9.2006

Appointment of Observers

The Observers are appointed by Tamil Nadu State Election

Commission for the purpose of supervising and overseeing the

conduct of local body elections. The observers work is an unique

opportunity given to the I.A.S. officers during the time of local

body elections. They will discharge their functions during the timeof local body elections under the direction of Tamil Nadu State

Election Commission. They are expected to act as

Golden mean between the Tamil Nadu State Election

Commission and the District Election Authorities. The Observers

will act as eyes and ears of the Tamil Nadu State Election

Commission and provide direct inputs to the Commission with an

emphasis that election rules are strictly and impartially complied

with by all concerned.

The Observer nominated shall have the power to direct the

Returning Officers concerned, to stop the counting of votes at any

time before the declaration of the result or not to declare the result.

If in the opinion of the Observer, booth capturing has taken place at

a large number of polling stations or at places fixed for the poll or

counting of votes or any ballot papers or electronic votingmachines used at a polling station or at a place fixed for the poll are

unlawfully taken out of the custody of the Presiding Officer or the

Returning Officer or if at any time before the counting of the votes

is completed, ballot papers or electronic voting machines used at a

polling station are unlawfully taken out of the custody of the

Returning Officer or are accidentally or intentionally destroyed or

lost or damaged or tampered with to such an extent that the result

of the poll at that polling station or place cannot be ascertained.


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Where an Observer has directed the Returning Officer

under this rule to stop counting of votes or not to declare the result,

the Observer shall forthwith report the matter to the DistrictElection Officer, State Election Officer and the State Election

Commission and thereupon the State Election Commission or the

State Election Officer as the case may be, shall after taking all

material circumstances into account, issue appropriate direction to

conduct fresh poll.

Explanation : Observer shall include any officer of the State

Election Commission as has been assigned the duty of watching theconduct of election or elections of local bodies by the State

Election Commission.

rule 6-A of the Tamil Nadu Panchayats (Elections) Rules, 1995




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Qualification and DisqualificationQualification of Candidates

A person shall be qualified for election as a Member /

Councillor or President / Chairperson of local body, if

a) his/her name appears on the electoral roll of the

local body concerned,

b) he/she has completed twenty-one years of age.

Sec. 33 of the Tamil Nadu Panchayats Act, 1994, Sec 48 of Tamil Nadu

District Municipalities Act, 1920 and relevant sections in the respective

Corporation Acts

Disqualification of officers and servants of

Government and Local Bodies etc.

No Village Administrative Officer or Village servant and no

other officer or servant of the State or Central Government or of

any Local Body or any Industrial Township or of a Cantonment or

of any body Corporate, owned and controlled by State or Central

Government shall be qualified for contesting in Local Body

election or for holding office as a Member / Chairperson in any

Local Body.

Sec. 34 of the Tamil Nadu Panchayats Act, 1994, Sec. 48 of Tamil Nadu

District Municipalities Act, 1920 and relevant sections in the respective

Corporation Acts

A Government servant who has been dismissed for

corruption or for disloyalty to the Government shall be disqualified

for election and holding office in any local body for a period of 5years from the date of such dismissal.


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sub-section (2) of Sec. 34 of the Tamil Nadu Panchayats Act, 1994

Disqualification of persons convicted of electionoffences

A person convicted of an offence punishable under relevant

sections of the Rural and Urban Local Bodies Acts, or under

Chapter IX-A of the Indian Penal Code (Central Act XLV of 1860),

or is so disqualified by or under any law for the time being in force

for the purposes of election to the Legislative Assembly of the

State or is disqualified from voting or from being elected in any

election to which these Acts apply or from holding the office of

Chairperson or member of a local body for a period of six years

from the date of his conviction.

Sec. 35 of the Tamil Nadu Panchayats Act, 1994 and

Sec. 60 of the Tamil Nadu District Municipalities Act, 1920 and

relevant sections in the respective Corporation Acts

Disqualification of voters

The following persons are disqualified to vote in the

election:

a) who is of unsound mind and declared so by the

competent court,

b) who is convicted and disqualified for election offences.

Sec. 36 of the Tamil Nadu Panchayat Act, 1994 and


relevant section in the respective Corporation Acts

Disqualification of Candidates

A person convicted of an offence punishable under variousActs as described in sub sec (1) of Sec 37 of the Tamil Nadu


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Panchayats Act, 1994 shall be disqualified for election where a

convicted person is sentenced to

(i) Only fine, for a period of six years from the date ofconviction

(ii) Imprisonment, from the date of conviction and a further

period of six years from the date of release.

A person convicted of any offence and sentenced to

imprisonment for not less than two years other than any offence

referred to in sub-section (1) shall be disqualified for election as a

member from the date of such conviction and shall continue to be

disqualified for a further period of six years since his/her release.

A person disqualified for being a member under clause (e)

of sub-section (3) of section 38 shall be disqualified for election as

a member for a period of six years from the date of such

disqualification.

Sec. 37 of the Tamil Nadu Panchayats Act, 1994

A person who has been sentenced by a criminal court or to

imprisonment for a period of more than two years in the case of

Panchayats and more than 6 months in the case of Municipality

shall be disqualified for election from the date of conviction and for

a further period of six years since his release.

Sec. 37 of the Tamil Nadu Panchayats Act, 1994 andSec. 49 of Tamil Nadu District Municipalities Act, 1920 and

other relevant section of respective Corporation Acts

The other disqualification are, if a person is -

of unsound mind, a deaf mute

applies to be adjudicated or adjudicated as insolvent.


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Acquires any interest in subsisting contract with any localbody except as shareholder,

not belonging to SC/ST in the case of reserved seats, fails to pay any kind of due to Local Body, employed as paid legal practitioner on behalf of or against the

local body.

Sec. 37 (3) and (4) of the Tamil Nadu Panchayats Act, 1994 and

Sec. 49 (2) and (2-A) of the Tamil NaduDistrict Municipalities Act, 1920

Disqualification of a Member

A member shall cease to hold the office if he/she -

possesses any one of the disqualifications prescribed abovefor the candidates

absents himself from the meetings of the council for a periodof three consecutive months reckoned from the date of

commencement of his/her term of office, or of the last

meeting he/she attended, or of his/her restoration to office as

a member or within the said period, less than three

consecutive meetings held after the said date.

fails to lodge election expenses accounts within 30 days fromthe date of declaration of result or in the manner prescribed

under the Act disqualified for a period of three years from

the date of the order by the Tamil Nadu State Election

Commission.

Sec. 38 of the Tamil Nadu Panchayats Act, 1994 and



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Election of the same person

for more than one wardElection of the same person for more than one ward is

strictly prohibited in the Rural Local Body elections.

no person shall be eligible to be elected as a member of morethan one ward in the same Village Panchayat / Panchayat Union

/ District Panchayat or as a Member of more than one Village

Panchayat / Panchayat Union / District Panchayat,

a Member of a Village Panchayat shall not be eligible to contestfor election as President of a Village Panchayat, a Member of a

Panchayat Union Council or a Member of a District Panchayat

and vice versa.

Sec. 10, 19 and 26 of the Tamil Nadu Panchayats Act, 1994

In the case of Urban Local Body election, if a person hasbeen elected for two or more wards, he/she shall, within seven days

from the date of completion of such election, intimate to the

Executive Officer / Commissioner, the ward for which he/she

chooses to serve.

In default of such intimation, the Commissioner/Executive

Officer shall determine by lot and notify the ward for which such

person shall serve.

The said person shall be deemed to have been elected only

for the ward so chosen and the vacancies will be filled by fresh

election.

Sec. 43-A of Tamil Nadu District Municipalities Act, 1920 and

relevant sections of respective Corporation Acts


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Fixation of Strength and

Delimitation of Wards Determining and fixing the strength of the Councillors in every

local body and delimitation of the area of the local body into

different wards are the preliminary steps in conducting

elections and constituting a body for a local area.

The power of fixing the strength and delimitation of wards ofthe local body are vested with the State Government.

The members to be elected from the wards in every VillagePanchayat shall be fixed with reference to the population of

such Panchayat Village as per the scale given below:-

Population No. of Members

500 - 2000 6

2000 - 6000 9

6000 - 10000 12Over 10,000 15

The number of members to be elected from the wards in everyPanchayat Union Council shall be fixed at the rate of one

member for every 5000 population of that Panchayat Union

area.

The number of members to be elected from the Territorialwards of every District Panchayat shall be fixed at the rate of

one member for every 50,000 population of that District

Panchayat area.

The Tamil Nadu Panchayats (Fixation of strength of members,

Division of wards) Rules, 1995 and Sec. 8,12, 15, 17,19, 27 and 28 of the

Tamil Nadu Panchayats Act, 1994


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The strength of Councillors in the Corporation Council isdetermined and fixed in the respective statute i.e. in the

respective Corporation Act itself. (G.O.Ms.No. 134 MA &WS Dept., Dated 10.6.96).

In the case of Municipalities, the Government have prescribedthe following scale to determine the number of Councillors in a

Municipal Council.

Municipalities with populationNo. of

CouncillorsNot exceeding 20,000 at the last census 21

Exceeding 20,000 but not exceeding 30,000 24





Exceeding 90,000 but not exceeding 1,15,000 39

Exceeding 1,15,000 but not exceeding 1,40,000 42




Exceeding 2,15,000 population 52

In the case of Town Panchayats the following Table is adoptedto fix the strength of ward members of Town Panchayat.


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Reservation of Seats

The provisions in Article 243D and 243T of the

Constitution of India provide for the Reservation of seats of

Member/Councillor and President/Chairpersons in Rural Local

body and Urban Local body respectively.

The Tamil Nadu Panchayats (Reservation of seats and Rotationof Reserved seats) Rules, 1995 and the Tamil Nadu Town

Panchayats, Municipalities and Corporations (Delimitation of

wards or Division and Reservation) Rules, 1996 laid down the

norms and procedures for determining the number of seats to be

reserved and allocation of wards, where the reserved seats are

to be fixed.

The power of Reservation of seats to Rural and Urban localbodies is vested with the Government.

Seats shall be reserved for persons belonging to SCs and STs. Not less than one third of seats reserved for SCs and STs shall

be reserved for women belonging to SCs & STs.

Not less than one third (including the seats reserved for womenbelonging to SC/ST) of the total number of seats shall be

reserved for women.

Rotation


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The reserved seats shall be allotted by rotation at the expiry

of every 10 years and re-allotted to other wards where the

percentage of population of SC or ST or women as the case may beis next larger to the total population.

Sec. 11, 20, 32 and 57 of the Tamil Nadu Panchayats Act, 1994

Sec 3-W and Sec 7 (5), 7 (6), 7 (7), 7 (8) and 7 (9) of the Tamil Nadu

District Municipalities Act, 1920 and relevant section of the respective

Corporation Acts


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Election ProcessEvery election activity will necessarily be backed by

statutory provision. We can broadly discuss the election processes

into three stages as described below:-

(i) Pre-election process.(ii)Election Process during election.(iii)Post-election Process.

(i) Pre-election Processes

a) Preparation of Electoral rolls

Since the power of Delimitation of wards and Reservationof seats are vested with Government and the same not coming

under the purview of the Tamil Nadu State Election Commission,

the role of the Commission in conducting Local Body Elections

commences from the process of preparation of Electoral rolls.

The Electoral roll of local body shall be the same as the

current electoral roll of the Tamil Nadu Legislative Assembly

Constituency pertaining to that local body area. The electoral rollfor the Legislative Assembly Constituency is prepared and revised

in accordance with the provision of the Representation of People

Act, 1950 and the Registration of Electoral Rules, 1960. By

adopting the entries in the Legislative Assembly rolls pertaining to

the area covered by each local body, the Electoral Registration

Officer of the local body concerned prepares the electoral roll of

the local body. This is done by integrating the particulars in thevarious entries available in such part or portion thereof of the


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current electoral roll of the Tamil Nadu Legislative Assembly and

the various amendments issued to it from time to time as they relate

to the ward/local body or a portion thereof. Preparation of electoralrolls of the local body is done under the superintendence, direction

and control of the Tamil Nadu State Election Commission and in

accordance with the periodical instructions issued and as per the

programme prescribed by the Commission.

Preparation of Electoral rolls before every Casual Elections

The electoral rolls shall be prepared afresh before everyOrdinary or Casual elections.

The Tamil Nadu State Election Commission shall fix from timeto time the sale price of the local body electoral roll. At

present, the rate is fixed as Rs.5 per printed page.


The sale proceeds of the Electoral roll shall be remitted into theTreasury of the local body then and there.

Two copies of Electoral roll shall be supplied free of cost toRecognised Political Parties.

The Electoral roll shall be kept for sale in the respective localbody office.

The copies of electoral rolls and connected documents shall bekept in safe custody in the Panchayat Union office/the office ofrespective urban local body for a period of six years from the

date of its publication or till a new roll is published whichever

is earlier.

The procedures to be followed in preparation of electoral rollsof the local body are broadly explained in the handbook. viz.,


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thf;Fr;rhtofs; mikj;jy; kw;Wk; thf;fhsh; gl;oay;thf;Fr;rhtofs; mikj;jy; kw;Wk; thf;fhsh; gl;oay;thf;Fr;rhtofs; mikj;jy; kw;Wk; thf;fhsh; gl;oay;thf;Fr;rhtofs; mikj;jy; kw;Wk; thf;fhsh; gl;oay;

jahhpj;jYf;fhd mwpt[iufs;jahhpj;jYf;fhd mwpt[iufs;jahhpj;jYf;fhd mwpt[iufs;jahhpj;jYf;fhd mwpt[iufs; issued separately for both

Rural and Urban local body by the Tamil Nadu State ElectionCommission.

Sec. 23 and 30 Tamil Nadu Panchayat Act, 1994

Sec 3-L of Tamil Nadu District Municipalities Act, 1920

rule 14-23 of the Tamil Nadu Panchayats (Election) Rules,1995

rule 15 and 21 ofTamil Nadu Town Panchayats, Third Grade

Municipalities, Municipalities and Corporations (Elections) Rules, 2006

b) Allotment of symbols

Tamil Nadu State Election Commission issues Local bodiesElection symbol Order before every ordinary local body

elections as per The Tamil Nadu Local Body Election symbols

(Reservation and Allotment) Order, 2006 which is currently in

force.

Every political party which has been recognized by the ElectionCommission of India as a National Party or as a State Party in the

State of Tamil Nadu under the Election Symbol (Reservation and

Allotment) Order, 1968 will be a recognized Political Party.

The list of Registered but unrecognized Political Parties whichare entitled for preference over independents in the matter of

allotment of free symbols has been notified by the Tamil Nadu

State Election Commission from time to time.

In an election held on party basis, every candidate set up by arecognized political party will be allotted with the reserved

symbol of that party.

c) Provision of Polling Stations


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The Returning Officer shall with the approval of the District

Election Officer, provide sufficient number of Polling Stations in

every local body in such a manner as the State ElectionCommission may direct and shall publish the same in such place or

places and in such a manner as the State Election Commission may

direct a list, in the language or languages in which the electoral roll

of the area is prepared, showing the names of Polling Stations, the

Polling area or areas or group of voters for which they have been

provided.

rule 11 of the Tamil Nadu Panchayats (Elections) Rules 1995 andrule 12 of theTamil Nadu Town Panchayats, Third Grade


The detailed procedures and instructions to be followed for

location of Polling Station for the purpose of conducting Poll is laid

down in the Instruction Booklet -2006 titled thf;Fr; rhtofs;thf;Fr; rhtofs;thf;Fr; rhtofs;thf;Fr; rhtofs;

mikj;jy; kw;Wk; thf;fhsh; gl;oay; jahhpj;jYf;fhdmikj;jy; kw;Wk; thf;fhsh; gl;oay; jahhpj;jYf;fhdmikj;jy; kw;Wk; thf;fhsh; gl;oay; jahhpj;jYf;fhdmikj;jy; kw;Wk; thf;fhsh; gl;oay; jahhpj;jYf;fhd

mwpt[iufs;mwpt[iufs;mwpt[iufs;mwpt[iufs; issued by the Commission for Rural and UrbanLocal Body Elections separately.

(ii) Election Processes during election:

Notification of Programme of Election

For the purpose of filling up of ordinary and casual vacancies,the State Election Commission shall in consultation with the

Government publish one or more notifications calling up the

electors for the election on such date or dates specified

therein.

The notification shall specify :-a) The date of publication of election notice.


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Notice of Election

As soon as the Election Notifications are published by TamilNadu State Election Commission, on the day specified for

election notice, the Returning Officer should give public notice

of election in the Form prescribed under Rule,

(Form 2 A for District Panchayat and Panchayat Union Ward

Member elections; Form 2 B for Village Panchayat Ward

Member & President Elections. Form 2 for Urban Local

Bodies Elections) to which he has been appointed as Returning

Officer.

The Notice of Election shall contain the following details:-(i) The ward or wards for which elections are to be held.

(ii) Whether the ward is reserved or not.

(iii) the date, place and time for presentation of nominationpaper.

(iv) By whom the nomination papers will be received

(v) the date, place and time fixed for scrutiny.

(vi) the last date for withdrawal of nomination.

(vii) the date and hour of poll.

(viii) the date, hour and place of counting.

(ix) the date before which election shall be completed.

(x) the date of conduct of meeting of the newly elected Ward

Members.


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The election notice will be published

(i) on the notice board of the office of the Returning Officer.

(ii) on the notice board of the office of the Local body

concerned.

(iii) in one or two conspicuous places in the wards concerned.

(iv) will be announced by Tom Tom in the case of Village

Panchayat elections.

The notice of the election should not be published in the

newspaper as Advertisements published in the Government

Gazettes.

rule 25 of the Tamil Nadu Panchayats (Elections) Rules, 1995,

rule 23 of the Tamil Nadu Town Panchayats, Third Grade


Presentation of Nomination Paper

The Returning Officer /Assistant Returning Officer will receivethe nominations for elections, on the date and time fixed for the

presentation of Nomination Paper.

Any candidate who is qualified to contest in election canpresent the nomination paper in Form 3 prescribed under Rules,

either in person or by his/her proposer at the place and during

the hours specified in the election notice.

The nomination Paper shall be signed by the candidate and byhis/her proposer.


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No Nomination Paper shall be delivered to Returning Officeron Public holiday.

The candidates of a Ward of a local body need not be an electorof that Ward. However, he should be an elector of that local

body.

If the seat is reserved for SC or ST, a candidate shall furnish inthe Nomination Form, a declaration that he belongs to SC or

ST.

The names and electoral roll numbers entered by a candidate inthe nomination form shall be as same as the entries in the

electoral roll.

Not more than four nominations shall be presented by or onbehalf of any candidate for any one election.

In the case of Urban local bodies, any person wishing to contestas a candidate for more than one ward, shall present separate

Nomination papers.

An elector who wishes to contest as a candidate for an electionshall not sign any nomination paper as a proposer except for the

election of Member of multi member ward of the Village

Panchayat.

A candidate in a multi member ward of a Village Panchayatmay propose other candidate, provided the maximum number

of nomination papers signed by him/her as proposer shall be

one less than number of members to be elected to that ward .

rule 26 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and


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Deposits

Rural Local Body Elections

(a) for election of member of village Panchayat .Rs. 200

(b) for election of President of Village Panchayat Rs. 600

(c) for election of Member of a Panchayat Union Rs. 600

(d) for election of Member of a District Panchayat Rs.1000

Where the candidate is member of a Scheduled Caste or Scheduled

Tribe:-

(a) for election of member of Village Panchayat Rs. 100

(b) for election of President of Village Panchayat Rs. 300

(c) for election of member of a Panchayat Union Rs. 300

(d) for election of member of a District Panchayat Rs. 500

Urban Local Body Elections

(a) for election of Ward Member of Town Panchayat

or Third Grade MunicipalityRs. 500

(b) for election of Ward member of Municipality Rs.1000

(c) for election of Ward member of Corporation Rs.2000


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Where the candidate is a member of a Scheduled Caste or

Scheduled Tribe :-

(a) for election of Ward Member of Town Panchayat

or Third Grade MunicipalityRs. 250

(b) for election of Ward member of Municipality Rs.500

(c) for election of Ward member of Corporation Rs.1000

Where a candidate has been nominated by more than onenomination paper for a seat or office, not more than one

deposit shall be required.

The deposit made unless forfeited, shall be returned to thecandidate, his legal representative or a person authorised by

him on his behalf, as soon as practicable after thedeclaration of result.

Where a candidate is not shown in the list of contestingcandidates or dies before the commencement of Poll, thedeposit shall be returned as soon as practicable after the

publication of the list or after his/her death as the case may

be. If the candidate is not elected and the votes polled by

him does not exceed one sixth of the total number of validvotes polled in that ward of the local body, the deposit made

by him shall be forfeited to Government.

The Returning Officer shall maintain a Register in the formprescribed by the State Election Commission, to account for

the deposits made.



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On close of time for receiving of nominations on each day,the Returning Officer shall cause to be affixed in

conspicuous places in his office a notice in Form 4 of all

nomination papers delivered on that day.

On the last day the Returning Officer shall affix aconsolidated notice in Form 5 of all the nomination papers

received within the time, furnishing the date, time and placefixed for scrutiny of nomination.

rule28 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and



As soon as a nomination paper is presented, the ReturningOfficer/Assistant Returning Officer shall fill in the serial number,

date and time of scrutiny in the Receipt for nomination paper and

Notice of incorporated at the end of nomination paper, detach that

part and hand it over to the candidate as acknowledgement for

receipt of nomination.

Scrutiny of nomination

All the nomination papers prescribed by the candidate to theReturning Officer/Assistant Returning Officer should be

taken up for scrutiny.

The candidate, one of his/her proposers and one otherperson duly authorised by him, but no other person may

attend the scrutiny.


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If any person objects to any nomination, he/she shall do soeither orally or in writing.

The grounds for rejection of nomination paper by theReturning Officer/Assistant Returning Officers :

a) that the candidate is not qualified for being elected on the

last date for filing of nomination.

b) that the nomination is not in the prescribed form.

c) the nomination paper is not signed by the candidate or byhis/her proposer and the signature is not genuine.

d) that the candidate does not belong to SC or ST or Women tocontest the seat reserved for SC/ST or women.

e) that the proper deposit has not been made.

The Returning Officer shall not reject any nomination paperon the ground of any defect which is not of a substantial

character.

In case, a candidate has filed more than one nominationpaper, the Returning Officer shall take all the nominations

filed by that candidate for scrutiny together, for the sake ofconvenience. If there is any defect or lacuna in any one of

the nomination papers, it can be made up with the correct

particulars given in another nomination paper of the same

candidate.

Where a person has signed as proposer for more nominationpapers, only that nomination paper first received shall be

accepted, if it is otherwise valid and others rejected.


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The Returning Officer shall not adjourn the proceedings ofscrutiny except when such proceedings are interrupted orobstructed by riot, or open violence etc.,

If any objection is raised by the Returning Officer or madeby any person, the candidate concerned may be allowed

time to rebut it not later than 11.00 a.m on the next day but

on the following date fixed for scrutiny. The Returning

Officer shall give his/her decision on the nomination on the

adjourned date.

The Returning Officer shall endorse his/her decision oneach nomination paper whether it is accepted or rejected.

If the nomination paper is rejected, the Returning Officershall record in writing the brief statement of his/her reason

for such rejections and finalise the same to the candidates

concerned.

On completion of scrutiny, the Returning Officer shallprepare the list of valid nominated candidates in Form 6 and

publish the same at the place notified for receipt of

nomination.

The list of candidates should be drawn up in the order ofTamil alphabet.




Withdrawal of Candidature


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A validly nominated candidate may withdraw his/hercandidature by giving a notice duly signed by him in Form

7 to the Returning Officer before 3.00 p.m of the last datefixed for such withdrawal.

On receipt of such notice, the Returning Officer shall notethereon the date and time at which it has been delivered.

Once a candidate has validly withdrawn his/her candidature,he/she shall not be allowed to cancel such withdrawal and

to continue as a candidate.

The Returning Officer shall after 3.00 p.m of each day fixedfor withdrawal of candidature, prepare a notice showing the

list of candidates who have withdrawn their candidature in

Form 8 and affix the same on the notice board of his/her

office.

If a person who has filed nomination for more than oneelection in the case of Rural Local Bodies, fails or refuses towithdraw nominations for all other elections before the time

fixed, the Returning Officer shall immediately after the

expiry of such time, determine by lot drawn in the presence

of other candidates, the election to which such person shall

contest, other nominations shall be deemed to be withdrawn

in respect of other elections.


rule 28 of theTamil Nadu Town Panchayats, Third Grade


List of contesting candidates

Immediately after 3.00 p.m. on the last day fixed for

withdrawal of candidatures the Returning Officer shall prepare the


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list of contesting candidates in Form 9, whose nominations were

found to be valid.

The names in the said list shall be in the order of TamilAlphabet and addresses of the contesting candidates as given in the

nomination paper.





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Procedure in Contested and Uncontested Election

Immediately after the expiry of the preparation of list ofcontesting candidates, the Returning Officer shall adopt the

procedure specified there under and determine the office in respect

of which poll is necessary.

a) If there is only one contesting candidate, the Returning Officershall cause copy of the list of contesting candidate in Form 9 to

be affixed in the notice board of his/her office / office of that

Local Body and declare the candidate to be duly elected.

b) If the number of contesting candidates exceed one, a poll shallbe taken; and

c) If there is no contesting candidate, a report shall be sent to theState Election Commission and the District Election Officer for

commencing the election proceedings afresh in all respects as if

for a new election to fill up the seat.

The declaration referred above shall be in Form 25 in

respect of election of District Panchayat Ward Member, Panchayat

Union Ward Member and Village Panchayat President, in Form 26

in respect of Village Panchayat Ward Member and in Form 27 in

respect of Urban Local body election.

The procedure to be followed for contested and uncontested

election in respect of Village Panchayat Ward Member election has

been explained in rule 32(3) and 32(4) of the Tamil Nadu

Panchayats (Elections) Rules, 1995 in detail.




Death of candidate before the Poll


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If a candidate setup by a recognized political party

a) dies at any time after 11.00 a.m. on the last date for makingnomination and his/her nomination is found valid on scrutiny

b) whose nomination is valid on scrutiny and who has notwithdrawn his/her candidature and in either case the report of

his/her death is received at any time before the publication of

the list of contesting candidates

c) If a contesting candidate dies and the report of his/her death isreceived before the commencement of poll, the Returning

Officer shall by order adjourn the poll and report the fact to the

State Election Commission, State Election Officer and District

Election Officer to conduct fresh election.

No such order of adjournment of poll shall be made if thecandidate dies before 11.00 a.m. on the last date for making

nomination or before the time fixed for scrutiny ofnominations.

All candidates including those who have withdrawn theirnominations are eligible to contest in the fresh election.

No fresh nomination is necessary in case of a person whowas a contesting candidate at the time of adjournment of

poll.




During the time of Poll:

The persons who are allowed to enter into the polling station:-


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a. the electorb. the contesting candidate, their election agent and one polling

agent at a time for each contesting candidate

c. a child in the arms accompanying the electord. a person accompanying a blind or an infirm electore. such other persons admitted by Returning Officer or the

Presiding Officer for the purpose of helping in identification

of electors or in searching woman elector

f. public servant on duty in the electiong. such other person as may be authorized by State Election

Commission or the District Election Officer.

Election Agent:

A candidate may appoint any one person to be his/her

election agent. Such appointment may be made by the candidate in

Form 10. The candidate shall forward Form 10 in duplicate to the

Returning Officer who shall return one copy after affixing his/her

seal and signature in token of his/her approval of the appointment.


rule 36 of the Tamil Nadu Town Panchayats, Third GradeMunicipalities, Municipalities and Corporations (Elections) Rules, 2006

Appointment of Polling Agents:

Each contesting candidate or his election agent may appoint

one polling agent and one or two relief polling agents at each

polling station.


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The appointment to be made in Form 11 and shall be handedover to the Polling Agent for production at the Polling

Station.

rule 40 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule

38 of the Tamil Nadu Town Panchayats, Third Grade Municipalities,


Arrangements at Polling Station:

The State Election Commission has prescribed that the numberof voting compartments at each polling station shall be three in

number in respect of election to Panchayats and two in respect

of election to the Municipalities.

The voting compartments shall be set up at each polling station. Sufficient number of Ballot boxes, relevant part of the electoralroll, instrument for stamping the distinguishing mark on ballot

papers and other instruments for election to mark the ballot

papers to be provided at each polling station.

At the entrance of each polling station, the following shall bedisplayed prominently :

a) a notice showing the number of contesting candidates aspublished in Form 9 and the distinctive symbol assigned to

each candidate.

b) a notice showing the polling area and the groups of electorswho are entitled to vote at that polling station.



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Preparation of Ballot Boxes for Poll:

The day before the poll, the Presiding Officer shall prepare

the Ballot Boxes for poll, following the procedure laid down in the

Rules and the following points to be borne mind :

Signing in the reverse side of the paper seal and getting thesignature of the polling agents.

Fixing of paper seal in the ballot box. Attaching the address tags at both inside and outside of the

ballot box

Ensuring and establishing that the ballot box is empty to thepersons present at the polling station. Closing, sealing and securing the Ballot box and place it for full

view of the Presiding Officer and Polling Agents.

Signing declaration in Form 12 and obtaining the signatures ofthe Polling Agents.

Reading the relevant provision of the Act about maintaining thesecrecy of the election to such persons present at the polling

station.





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The Tamil Nadu State Election Commission has prescribed thatone number of marked copy of electoral roll to be used in eachPolling Station in respect of each election.

S.O.No.50/2006/TNSEC/ME, dated 4.9.2006

Challenging of Identity:

Any Polling Agent may challenge the identity of an electorby depositing a sum of Rs.10 in the case of Urban Local

Body elections and Rs.2 in the case of Rural Local Body

elections in cash, with the Presiding Officer.

The Presiding Officer shall hold summary inquiry. After inquiry, if the challenge has not been established,

he/she shall allow the person challenged to vote.

If his/her challenge has been established, he/she shall debarthe person challenged from voting besides taking

appropriate action against him/her.

If the challenge is frivolous or not in good faith, thePresiding Officer shall forfeit the deposit amount to the

local body concerned. In any other case, the depositamount will be returned to the challenger at the conclusion

of enquiry.




Safeguards against impersonation :-


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With a view to preventing impersonation of electors and

facilitating the electors identification at the time of poll, everyelector shall produce the documentary evidences as prescribed by

the Tamil Nadu State Election Commission vide S.O.No.

85/2009/TNSEC/MEI, dated 17.9.2009.


and rule 45 of the Tamil Nadu Town Panchayats, Third Grade


Right to vote:

The following persons shall not be entitled to vote:

a) who is of unsound mind and declared so by a competentcourt;

b) whose name is not entered in the electoral rollc) who is subject to any of the disqualifications referred to in

Sec.16 of the Representation of the People Act, 1950 and

relevant Sections of the Act.

d) who is confined in a prison whether under a sentence ofimprisonment or otherwise, provided that this rule shall notapply to a person, subject to preventive detention under any

law for the time being in force.

e) who is convicted for election offences punishable under theAct.


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No person at an election shall vote in more than one ward ormore than once in the same ward. If so, all his votes in the

ward / wards shall be void.

Sec. 35 and 36 of the Tamil Nadu Panchayats Act, 1994 and

rule 48 of the Tamil Nadu Panchayats (Elections) Rules, 1995,




Ballot Papers:

The colour, size and other specifications of Ballot papers to

be used in the local body election have been determined and

prescribed by the Tamil Nadu State Election vide

S.O.No.37/2001/TNSEC/ME-2, dated 04.09.2006.


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The colour of the Ballot paper for different elections shall be as

follows:

1. Village Panchayat Ward Member - White

2. Village Panchayat President - Pink

3. Panchayat Union Ward Member - Green

4. District Panchayat Ward Member - Yellow

5. Urban Local Body Elections - White

The detailed instructions for printing of the Ballot papersare provided in Chapter 12 of Handbook for Returning Officers for

urban local body elections and in chapter 7 of ifnaL ? 2

midj;J njh;jy; elj;Jk; mYtyh;. cjtp njh;jy;

elj;Jk; mYtyh; kw;Wk; Cuhl;rp xd;wpa

Mizah;fSf;fhd mwpt[iuf; ifnaL ? 2006 in respect of

Rural local body election.

rule 49 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule

47 of the Tamil Nadu Town Panchayats, Third Grade Municipalities,


Voting Procedure for Electors on Election Duty

When an elector is drafted for election duty and is unable tovote, he/she may send a request in Form 15 along with acopy of his/her appointment order to the Returning Officer

concerned, where he is entitled to record his vote atleast

seven days before the poll.

The Returning Officer upon satisfying himself/herself thatthe applicant is entitled to vote, shall forward to the


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applicant an EDC (Election Duty Certificate) in Form 16

and a ballot paper.

On receiving the ballot paper, the elector on election dutyshall record his/her vote by marking a tick mark on the

ballot paper against the candidate to whom he/she intends to

vote, enclose the declaration in Form 17 and send it to the

Returning Officer before 5.00 p.m. on the day before the

poll.




The Returning Officer shall maintain a Register for issuingElection Duty certificates

Voting by Blind and infirm voters:-

If the Presiding Officer is satisfied that owing to blindness orother physical infirmity, an elector is unable to record his voteon the ballot paper, he/she shall permit the elector to take with

him/her a companion not less than 18 years of age for recording

the vote on his/her behalf and in accordance with his/her

wishes.

No person shall be permitted to act as the companion for morethan one election at any polling station on the same day.

The Presiding Officer shall get the signature / thumb imprisonof the companion in Form 18.





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Tendered votes:

If a person represented himself/herself to be a particularelector applies for a ballot paper, after another person has already

voted as such elector, before being supplied with tendered ballot

paper, he shall affix his signature in Form 19 and in the

counterfoil of the ballot paper.

The elector after marking his/her vote in the tendered ballotpaper shall fold it and give it to the Presiding Officer

instead of putting it into the Ballot box. The PresidingOfficer shall place it in a separate cover superscribed as

Tendered vote




Adjournment of Poll in emergencies

If the proceedings of the poll at the polling station areinterrupted or obstructed in a polling station, the Presiding

Officer of such polling station shall stop the poll, inform

through the Returning Officer to the District Election

Officer, State Election Officer and State Election

Commission.

The fact that the poll has been stopped to be informed to thepersons present at the polling station.

The Presiding Officer shall make a full report of thecircumstances and send the ballot and other packets


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containing marked copy of electoral roll, counterfoils of

Ballot papers etc., to the Returning Officer.

The Returning Officer shall report the matter to the DistrictElection Officer.

The District Election Officer shall thereupon order(i) the date on which and the hours between which such

adjourned poll shall be held and

(ii)the date, place and hours of counting of votes. The Returning Officer shall inform the fact to the contesting

candidates or his/her election agents.

A notice shall be affixed on the notice board of the office ofthe local body informing the date and time fixed for theadjourned poll. Beat of tom-tom shall also be made in the

Village areas.

The Returning Officer shall not count the votes cast at suchelection until the adjourned poll is completed

If the adjournment of poll is ordered for the number ofhours for which it was not held on previous occasion, thePresiding Officer shall open the said packets just before the

commencement of the Poll and commence such adjourned

poll precisely at the hours fixed therefor.

Such voters who have not cast their votes on the previousoccasion shall only be allowed to vote in the adjourned poll.


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If the poll is adjourned for full number of hours, theReturning Officer shall proceed afresh in accordance with

the rules in all respects, as if it is being held at pollingstation for the first time. There shall be no fresh

nominations.

In respect of party based elections, if a contesting candidatesponsored by a recognized political party or any contesting

candidate in respect of non-party based election dies before

the commencement of adjourned poll, the Returning Officer

shall stop the poll and report the fact to the District ElectionOfficer, State Election Officer and State Election

Commission. The State Election Commission shall order to

start proceedings afresh in all respects as if it were a new

election, provided fresh nominations shall not be necessary

in the case of remaining contesting candidates.

rule 56 of the Tamil Nadu Panchayats (Elections) Rules, 1995 andrule 54 of the Tamil Nadu Town Panchayats, Third Grade


Fresh Poll:

If at any election -

a) the ballot box is taken out of the custody of the ReturningOfficer or the Presiding Officer or is accidentally or

intentionally destroyed or is tampered with to the extent that

the result of poll at that polling station cannot be ascertained

or

b) any error or irregularity in procedure as is likely to vitiate the

poll is committed


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The Returning Officer shall forthwith report the fact to the

State Election Commission, State Election Officer and District

Election Officer.The District Election Officer in the case of Rural Local

Body election and the State Election Commission or State Election

Officer in the case of Urban Local Body election, taking all

materials circumstances into account shall declare the poll at that

polling station void and order fresh poll.

rule 57of the Tamil Nadu Panchayats (Elections) Rules, 1995

and rule 55 and 80 of the Tamil Nadu Town Panchayats, Third Grade


Closing of Poll:

The Presiding Officer shall close the poll at the pollingstation at the hour fixed in that behalf.

all electors present at the polling station before the close ofpoll shall be allowed to cast their vote.

No person shall be allowed to cast his/her vote after theclose of poll.

The Presiding Officer shall close, seal and secure the ballotbox / boxes as provided in the Rules.

The Presiding Officer shall put the following into a separatecover, seal it and all the candidates or election agents to

affix their own seal, if so desire

(i) marked copy of the electoral roll(ii) unused and cancelled ballot paper(iii) tendered ballot papers and tendered voters list


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(iv) the unused and damaged paper seals(v) the receipt of challenge fee, statement of deposit on

challenged votes, list of challenged votes

The following covers are also to be prepared by the PresidingOfficer

covers containing

(i) Ballot paper account in Form 20(ii) Paper seal account(iii) Presiding Officer diary(iv) Record of blind and infirm voters and the declaration of

their companions

Miscellaneous covers containing the following shall also to bemade(i) Reference copy of electoral roll(ii) Declaration by Presiding Officer(iii) Appointment letter of polling agents(iv)

Unused stationery

(v) Pusher(vi) Other polling material like drawing pins, badges etc. The Presiding Officer shall provide a true copy of the entries

made in the ballot paper account to every polling agent present

at the close of poll.


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The Presiding Officer shall then deliver the ballot box or boxesand all the covers containing the said records, all other papers

and cash if any to the Returning Officer




Electronic Voting Machines (EVMs):

Necessary provisions have been made for the use of EVMs

in Urban Local Body elections vide Sec.43-D of Tamil Nadu

District Municipalities Act, 1920. Necessary provisions have also

been made in the respective Corporations Acts.

The election procedure for voting by EVMs have been

provided in Rules 58 to 80 of Tamil Nadu Town Panchayats, Third

Grade Municipalities, Municipalities, Corporations (Elections)

Rules, 2006, and counting procedure for election where EVMs are

used are also explained vide rule 92-A, 92-AA and 92-AAA of the

said Rules.


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Counting of Votes:

The counting shall take place on the day at the place and hourappointed in that behalf. Tamil Nadu State Election Commission has specified that one

counting agent to be appointed per counting Table, by the

candidate or his/her election agent in writing in Form 21 in

respect of Rural Local Bodies and in Form 24 in respect of

Urban Local Bodies (S.O.No. 55/2006/TNSEC/ME, dated

21.9.2006).

The following persons shall alone be permitted in the countingcentre during the time of counting.

i) Counting Supervisors and counting Assistants appointed byReturning Officer to assist him/her in the counting of votes.

ii) Public servants on duty in connection with the elections.iii)Press persons including photographers, T.V. Camera persons

and

iv)such other person, if the situation so warrantsrule 60 of the Tamil Nadu Panchayats (Elections) Rules, 1995

and rule 81 of the Tamil Nadu Town Panchayats, Third GradeMunicipalities, Municipalities and Corporations (Elections) Rules, 2006


Before, the counting, the Returning Officer shall read theprovisions of Act relating to the secrecy of election to such

persons present in the counting centre.


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The Postal ballot papers shall be counted first before taking upthe counting of votes recorded at the polling station. The postal

ballot paper received after 5.00 p.m. on the day of Poll shall notbe counted. They should be treated as rejected.

The Ballot boxes relating to each polling station shall be takenup for counting. The Returning Officer shall satisfy himself

that none of the ballot boxes has been tampered with. The

Returning Officer shall verify the Ballot paper account and

allow the candidates and their agents to inspect the rejected

ballot papers.




If at any time before the counting of votes is completed,

ballot papers / ballot boxes used at a polling station are unlawfully

taken out of the custody of the Returning Officer or accidentally

destroyed or tampered with, to certain extent that the result of the

poll cannot be ascertained, the Returning Officer shall forthwith

report the matter to the District Election Officer, State Election

Commission and State Election Officer. The District Election

Officer in the case of Rural Local Body Elections and the State

Elections Commission in the case of Urban Local Body Elections

shall after taking all materials circumstances into account either tostop the counting of votes and order for fresh poll or order for

resumption and completion of the counting.





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During counting, the ballot papers shall be rejected on the

following grounds:

a) if it bears any mark or writing by which the election cannotbe identified

b) if no vote is recorded thereonc) if votes are given in favour of more than one candidated)

if the mark indicating the vote thereon is doubtful to whichcandidate, the vote has been given

e) if it is a spurious ballot paperf) if it is so damaged or mutilatedg) if it bears a serial number or design different from the ballot

paper authorized for the particular polling station

h) if it does not bear the distinguishing mark and or the signatureof the Presiding Officer and the Words E.D.C on the postal

ballot papers

All rejected ballot papers shall be made into a separate bundle.

For rejecting the ballot papers, the decision of the ReturningOfficer shall be final, subject to the decision of the competent court

or an election petition.



Municipalities, Municipalities aad Corporations (Elections) Rules, 2006


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No cover containing the tendered ballot papers shall be

opened and no votes recorded thereon shall be counted

rule 86 (1) of the Tamil Nadu Town Panchayats, Third Grade


After the counting of all valid ballot papers is completed,

the Returning Officer shall enter the result of the counting in Form

II of ballot paper account (Form 20). It shall be signed by the

Returning Officer and the counting supervisor, then the Returning

Officer will prepare the Result sheet. (Form 22 in the case of RuralLocal Body Election and Form 25 in the case of Urban Local Body

Election). Then all the valid ballot papers and postal ballot papers

should be bundled together and kept in a separate packet along with

the bundle of rejected ballot papers and should be sealed.

The particulars of Local Body, Polling station and the date

of counting shall be recorded on the above bundles.

rule 64 of the Tamil Nadu Panchayats (Elections) Rules,1995 and

rule 86 of the Tamil Nadu Town Panchayats, Third Grade Municipalities,Municipalities and Corporations(Elections)Rules, 2006

The procedures for counting of votes when electronic

voting machines are used are explained in detail vide rule 92, 92A,

92AA and 92 AAA of Tamil Nadu Town Panchayats, Third

Grade Municipalities, Municipalities and Corporations

(Elections) Rules, 2006.

Recount of votes:

o The contesting candidate or his/her agent may apply forrecounting in writing before the declaration of result of the

election is made.


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o On such application, the Returning Officer shall decide thematters and may allow the application in whole or in part or

may reject it in toto if it appears to be unreasonable.o Every decision of the Returning Officer shall be in writing

and contain the reasons thereof.

After such recount has been completed, the Returning

Officer shall amend the result sheet to the extent necessary, sign it

and announce the result. No application for a recount shall be

entertained thereafter.



Municipalities, Municipalities, Corporations (Elections) Rules, 2006

Declaration of Result of election :

After the completion of counting of votes, the Returning

Officer shall declare the contesting candidate to whom the largest

number of votes have been polled as elected. He/She shall

complete and sign the return in the Form as specified below and

send it to the District Election Officer, State Election Officer and

State Election Commission.

(i) For the election of member of District Panchayat,

Panchayat Union Councils and Village PanchayatPresident Form 23

(ii) For the election of Village Panchayat Ward Member Form 24

(iii) Urban Local Body Election Form 26


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The Returning Officer shall forthwith cause to be affixed acopy of the said form in his/her office, in the notice board of the

local body concerned.

If there is an equality of votes between two or more contestingcandidates, the Returning Officer shall decide between these

candidates by lot and the candidate to whom the lot falls shall

be deemed to have received an additional vote.

Any contesting candidate or his election agent or his/hercounting agent, on application, be permitted to take a copy oran extract from the Result sheet.




The procedures and illustrations for declaring the winningcandidate in case, if one or more seats of Village Panchayat

are reserved for SC or ST are explained in rule 67(3) of the

Tamil Nadu Panchayats (Elections) Rules, 1995.

(iii) Post-election Processes

Immediately after the declaration of the result of the election,the Returning Officer shall retain in his/her custody, or cause tobe deposited in the custody of Treasury/Sub-Treasury, the

bundles of all Ballot papers, whether counted, rejected,

cancelled or unused, the sealed packets containing the

declaration of result and marked copy of Electoral rolls. These

packets shall not be opened and the contents shall not be

inspected or produced except under the orders of a competent

Court.


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All the above election records shall be retained in the custodyof Returning Officer or the Treasury/Sub-Treasury for a period

of six months and shall thereon after unless otherwise directedby the Competent Court, cause to be destroyed.





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Publication of the Names of

Successful CandidatesThe names of the candidates duly elected shall be published

as follows:-

Sl.

NoName of the Election

Authority by whom

the result to be

published

Nature of

publication

State ElectionCommission Tamil NaduGovernment Gazette1.

District Panchayat

Ward Members District Election

OfficerDistrict Gazette

2.Panchayat Union Ward

Members

District Election


3.Village Panchayat

Presidents

District Election


4.Village Panchayat

Ward MembersReturning Officer

In the Notice Board

of the Office ofReturning Officer,

office of Village

Panchayat concerned

and any conspicuous

place in the Village

Panchayat.

5.Councillors of

Municipal Corporations

State Election

Commission

Tamil Nadu

Government Gazette

6.

Councillors ofMunicipalities and

Ward Members of

Third Grade

Municipalities

State ElectionOfficer/Commissioner

of Municipal

Administration

Tamil Nadu

Government Gazette

7.Ward Members of

Town Panchayats

State Election

Officer/D

Documents

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