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BIRDS EYE VIEW

on the Local Body Elections
PREAMBLE
The 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 peoples participation 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
user 2 \ e:\birds eye view\birds view final\birds eye view-text 031209.doc

2 Corporation Act, 1971, Coimbatore City Municipal Corporation Act, 1971 and various other Acts and Rules made thereunder contemplate the Constitution, delimitation of wards and reservation of 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.

Salient Features of the 73rd and 74th Amendments to the Constitution 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 local bodies 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 of general 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 level throughout 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 as five years uniformly and election to Panchayats is brought under the supervision, direction and control of an independent constitutional authority viz., the State Election Commission.

4 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 bodies like Town Panchayats, Municipalities and the City Municipal Corporations. 7. Restriction on the formation of townships only to industrial areas where the entire municipal services are provided or proposed to be provided by the industry itself. 8. Formation of the District Planning and Metropolitan Planning Committee.

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: Rural Local Body Village Panchayat Panchayat Union District Panchayat Total No. of Local Bodies 12,618 385 29 13032 Total No. of wards 40,879 6,570 656 48,105 Total number of Offices Ward Presidents/ Members Chairman 97,458 6,570 656 1,04,684 12,618 385 29 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 the public. 1. District Panchayat Ward Members 2. Panchayat Union Ward Members 3. Village Panchayat Presidents and 4. Village Panchayat Ward Members Indirect Elections:

6 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 and 5. 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 of the Village Panchayat Presidents and the Village Panchayat Ward Members are held on Non-Party basis.

Urban Local Body Elections

The number of various offices in Urban Local Bodies are as follows:Urban Local Body Municipal Corporations Municipalities Third Grade Municipalities Town Panchayats Total No. of Total local Wards bodies 10 98 50 561 719 670 3196 987 8807 13660 Total Number of Members 987 8807 13660 Total Number of Chairman 98 50 561 719

Councillors Mayors 670 3196 10 -

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 of1. Councillors of Municipal Corporations 2. Councillors of Municipalities 3. Ward Members of Third Grade Municipalities and 4. Ward Members of Town Panchayats Indirect Elections:

8 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 Committees 4. Chairman and Members of the Standing Committees 5. Member, Appointment Committee of Corporations 6. Members of Taxation Appeals Committee, Appointment Committee and contract Committee of Municipalities 7. Members of Taxation Appeals Committee and Appointment Committee of Third Grade Municipalities / Town Panchayats.

Duration of Local Bodies

The duration of local bodies shall be FOR A PERIOD OF FIVE YEARS, unless sooner dissolved under any law for the time being in force. Every Village Panchayat/Panchayat Union Council/District Panchayat unless sooner dissolved, shall continue for five years from the date appointed for its first meeting after each ordinary election and no longer. Where a Village Panchayat/ Panchayat Union Council/District Panchayat 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 India Sec. 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/ Municipality unless 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

10 years shall operate as dissolution of the town panchayat / third grade municipality/municipality. An election to constitute a town panchayat/third grade municipality/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

11

Election Machinery
The 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 Grade Municipalities, 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 / VicePresidents / 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 to time.

12

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 District Panchayat Secretary will be the Returning Officer for the conduct of election of Territorial Ward Member of the District Panchayat.

13 (b) Election of Member of Panchayat Union Council A Government officer not below the rank of Assistant Director 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 Development Officer 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.
rule 8 of the Tamil Nadu Panchayats (Elections) Rules, 1995

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:

14 (i) (ii) Issue of notice of election and Declaration of result of election.

rule 10 of the Tamil Nadu Panchayats (Elections) Rules, 1995) (S.O.No. 53/2006/TNSEC/ME, dated 4.9.2006

Presiding Officers and Polling Officers The Officers and servants of the Government, Local authorities, Co-operative institutions or undertakings owned by the State, the Central Government or aided schools shall be appointed as Presiding Officers and Polling Officers by the Returning Officers in accordance with the scale prescribed by the State Election Commission. The Tamil Nadu State Election Commission has authorised that the number of Polling Officers to be appointed for each polling station shall be six (6) in respect to election to Panchayat.
rule 12 of the Tamil Nadu Panchayats (Elections) Rules, 1995). (S.O.No.47/2006/TNSEC/PE, dated 4.9.2006

Election to Urban Local Bodies

The State Election Commission shall appoint the State Election Officers as follows:a) Commissioner or Director of Town Panchayats in the case of Town Panchayats. b) Commissioner or Director of Municipal Administration in the case of Municipalities, Third Grade Municipalities.

15

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 Corporation shall 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 the respective 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, Municipalities and Corporations (Elections) Rules, 2006 S.O. No. 37/2006/TNSEC/ME, dated 29.08.2006

Returning Officer

16 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 Corporation is 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, Municipalities and Corporations (Elections) Rules, 2006 S.O. No. 39/2006/TNSEC/ME, dated 29.08.2006 and S.O. No. 40/2006/TNSEC/ME, dated 29.08.2006

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.

17 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 respective Jurisdiction. 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) (ii) Issue of notice of election and Declaration of result other than the election to the office of Councillor of Corporation.

rule 11 of Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006 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.

18
rule 13 of Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006 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 time of 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 voting machines 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.

19 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 District Election 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 the conduct of election or elections of local bodies by the State Election Commission.
rule 6-A of the Tamil Nadu Panchayats (Elections) Rules, 1995 rule 10 of Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

20

Qualification and Disqualification

Qualification 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 Government and Local Bodies etc.

servants

of

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 5 years from the date of such dismissal.

21
sub-section (2) of Sec. 34 of the Tamil Nadu Panchayats Act, 1994

Disqualification of persons convicted of election offences

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 Sec. 47 of the Tamil Nadu District Municipalities Act, 1920 and relevant section in the respective Corporation Acts

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

22 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 of conviction (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 and Sec. 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.

23 Acquires any interest in subsisting contract with any local body 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 Nadu District 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 above for the candidates absents himself from the meetings of the council for a period of 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 from the 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 Sec. 50 of the Tamil Nadu District Municipalities Act, 1920 and

24
relevant sections of the respective Corporation Acts

No person shall be qualified for being elected as or holding office as Member / Councillor, President, Vice-President, Mayor / Dy. Mayor, Chairman / Vice-Chairman of any local body, if he/she is a Member of Legislative Assembly of the State or a Member of Parliament.
Sec. 38-A of the Tamil Nadu Panchayats Act, 1994 and Sec. 49-A of Tamil Nadu District Municipalities Act, 1920

If a person fails to make the oath or affirmation within three months of the date on which his/her term of office commences or at one of the first three months held after the said date whichever is later shall cease to hold his/her office.
Sec. 40 (2) of the Tamil Nadu Panchayats Act, 1994

25

Election of the same person for more than one ward

Election 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 more than 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 contest for 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 has been 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

26

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 of the local body are vested with the State Government. The members to be elected from the wards in every Village Panchayat shall be fixed with reference to the population of such Panchayat Village as per the scale given below:Population 500 - 2000 2000 - 6000 6000 - 10000 Over 10,000 No. of Members 6 9 12 15

The number of members to be elected from the wards in every Panchayat 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 Territorial wards 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

27 The strength of Councillors in the Corporation Council is determined 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 prescribed the following scale to determine the number of Councillors in a Municipal Council.
Municipalities with population Not exceeding 20,000 at the last census Exceeding 20,000 but not exceeding 30,000 Exceeding 30,000 but not exceeding 40,000 Exceeding 40,000 but not exceeding 50,000 Exceeding 50,000 but not exceeding 70,000 Exceeding 70,000 but not exceeding 90,000 Exceeding 90,000 but not exceeding 1,15,000 Exceeding 1,15,000 but not exceeding 1,40,000 Exceeding 1,40,000 but not exceeding 1,65,000 Exceeding 1,65,000 but not exceeding 1,90,000 Exceeding 1,90,000 but not exceeding 2,15,000 Exceeding 2,15,000 population No. of Councillors 21 24 27 30 33 36 39 42 45 48 51 52

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

28

Town Panchayats with population Not exceeding 6,000 Exceeding 6,000 but not exceeding 15,000 Exceeding 15,000 but not exceeding 25,000 Exceeding 25,000

No. of Councillors 12 15 18 21

Sec. 3F, 3J, 7(1) of Tamil Nadu District Municipalities Act, 1920 and relevant sections in the respective Corporation Acts (G.O.Ms.No. 135, MA & WS Dept., Dated 11.6.96) Tamil Nadu Town Panchayats (Fixation of Strength of Elected Councillors) Rules, 1997

29

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 Rotation of 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 local bodies 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 women belonging to SC/ST) of the total number of seats shall be reserved for women.

Rotation

30 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 be is 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

31

Election Process
Every 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 Reservation of 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 roll for 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 the various entries available in such part or portion thereof of the

32 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 electoral rolls 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 every Ordinary or Casual elections. The Tamil Nadu State Election Commission shall fix from time to time the sale price of the local body electoral roll. At present, the rate is fixed as Rs.5 per printed page.
S.O. No. 52/2006/TNSEC/ME, dated 4.9.2006

The sale proceeds of the Electoral roll shall be remitted into the Treasury of the local body then and there. Two copies of Electoral roll shall be supplied free of cost to Recognised Political Parties. The Electoral roll shall be kept for sale in the respective local body office. The copies of electoral rolls and connected documents shall be kept in safe custody in the Panchayat Union office/the office of respective 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 rolls of the local body are broadly explained in the handbook. viz.,

33 thf;Fr;rhtofs; mikj;jy; kw;Wk; thf;fhsh; gl;oay; jahhpj;jYf;fhd mwpt[iufs; issued separately for both Rural and Urban local body by the Tamil Nadu State Election Commission.
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 of Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

b) Allotment of symbols Tamil Nadu State Election Commission issues Local bodies Election 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 Election Commission 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 which are 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 a recognized political party will be allotted with the reserved symbol of that party. c) Provision of Polling Stations

34 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 Election Commission 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 and rule 12 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

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;
mikj;jy; kw;Wk; thf;fhsh; gl;oay; jahhpj;jYf;fhd mwpt[iufs; issued by the Commission for Rural and Urban

Local 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.

35 b) The last date for making nominations which shall be the seventh day after the publication of election notice. If that is a public holiday, the succeeding day which is not a public holiday shall be fixed. The nomination can be made between 11.00 a.m. and 3.00 p.m. c) The scrutiny shall be 11.00 a.m. of the date immediately following the last date for making nomination. If it is a public holiday the next succeeding day which is not a public holiday. d) Withdrawal of candidature shall be upto 3.00 p.m. on the second day after the date of scrutiny, if the day is a public holiday, the next succeeding day. e) The date of poll which shall be a date not earlier than the seventh day after the last date of withdrawal of candidature. f) The date before which the election shall be completed. g) The date of conduct of indirect election to elect Chairperson and Vice chairperson. The notifications for both ordinary and casual elections shall be published in Tamil Nadu Government Gazette in the case of urban local bodies and District Panchayat Ward Members and in the District Gazette concerned in the case of Village Panchayat Ward Member, Village Panchayat President and Panchayat Union Ward Member elections.
rule 24 of the Tamil Nadu Panchayats (Elections) Rules 1995, rule 22 of Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

36 Notice of Election As soon as the Election Notifications are published by Tamil Nadu 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) (ii) The ward or wards for which elections are to be held. Whether the ward is reserved or not.

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

37 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 Municipalities, Municipalities and Corporations (Elections) Rules, 2006

Presentation of Nomination Paper The Returning Officer /Assistant Returning Officer will receive the nominations for elections, on the date and time fixed for the presentation of Nomination Paper. Any candidate who is qualified to contest in election can present 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 by his/her proposer.

38 No Nomination Paper shall be delivered to Returning Officer on Public holiday. The candidates of a Ward of a local body need not be an elector of 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 in the Nomination Form, a declaration that he belongs to SC or ST. The names and electoral roll numbers entered by a candidate in the nomination form shall be as same as the entries in the electoral roll. Not more than four nominations shall be presented by or on behalf of any candidate for any one election. In the case of Urban local bodies, any person wishing to contest as a candidate for more than one ward, shall present separate Nomination papers. An elector who wishes to contest as a candidate for an election shall 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 Panchayat may 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

39
rule 24 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

Deposits
Rural Local Body Elections (a) (b) (c) (d) for election of member of village Panchayat for election of President of Village Panchayat for election of Member of a Panchayat Union for election of Member of a District Panchayat .Rs. 200 Rs. 600 Rs. 600 Rs.1000

Where the candidate is member of a Scheduled Caste or Scheduled Tribe:(a) for election of member of Village Panchayat (b) for election of President of Village Panchayat (c) for election of member of a Panchayat Union (d) for election of member of a District Panchayat Urban Local Body Elections (a) for election of Ward Member of Town Panchayat or Third Grade Municipality (b) for election of Ward member of Municipality (c) for election of Ward member of Corporation Rs. 500 Rs.1000 Rs.2000 Rs. 100 Rs. 300 Rs. 300 Rs. 500

40

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 Municipality (b) for election of Ward member of Municipality (c) for election of Ward member of Corporation Rs. 250 Rs.500 Rs.1000

Where a candidate has been nominated by more than one nomination paper for a seat or office, not more than one deposit shall be required. The deposit made unless forfeited, shall be returned to the candidate, his legal representative or a person authorised by him on his behalf, as soon as practicable after the declaration of result. Where a candidate is not shown in the list of contesting candidates or dies before the commencement of Poll, the deposit 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 valid votes 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 form prescribed by the State Election Commission, to account for the deposits made.
rule 27 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and

41
rule 25 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

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 a consolidated notice in Form 5 of all the nomination papers received within the time, furnishing the date, time and place fixed for scrutiny of nomination.
rule28 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 26 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

As soon as a nomination paper is presented, the Returning Officer/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 the Returning Officer/Assistant Returning Officer should be taken up for scrutiny. The candidate, one of his/her proposers and one other person duly authorised by him, but no other person may attend the scrutiny.

42 If any person objects to any nomination, he/she shall do so either orally or in writing. The grounds for rejection of nomination paper by the Returning 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 by his/her proposer and the signature is not genuine. d) that the candidate does not belong to SC or ST or Women to contest 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 paper on the ground of any defect which is not of a substantial character. In case, a candidate has filed more than one nomination paper, the Returning Officer shall take all the nominations filed by that candidate for scrutiny together, for the sake of convenience. 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 nomination papers, only that nomination paper first received shall be accepted, if it is otherwise valid and others rejected.

43

The Returning Officer shall not adjourn the proceedings of scrutiny except when such proceedings are interrupted or obstructed by riot, or open violence etc., If any objection is raised by the Returning Officer or made by 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 on each nomination paper whether it is accepted or rejected. If the nomination paper is rejected, the Returning Officer shall 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 shall prepare 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 of Tamil alphabet.
rule 29 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 27 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

Withdrawal of Candidature

44 A validly nominated candidate may withdraw his/her candidature by giving a notice duly signed by him in Form 7 to the Returning Officer before 3.00 p.m of the last date fixed for such withdrawal. On receipt of such notice, the Returning Officer shall note thereon 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 fixed for 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 one election in the case of Rural Local Bodies, fails or refuses to withdraw 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 30 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 28 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

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

45 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 Tamil Alphabet and addresses of the contesting candidates as given in the nomination paper.
rule 31 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 29 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

46

Procedure in Contested and Uncontested Election

Immediately after the expiry of the preparation of list of contesting 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 Officer shall 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 shall be taken; and c) If there is no contesting candidate, a report shall be sent to the State 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.
rule 32 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 30 of Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

Death of candidate before the Poll

47 If a candidate setup by a recognized political party a) dies at any time after 11.00 a.m. on the last date for making nomination and his/her nomination is found valid on scrutiny b) whose nomination is valid on scrutiny and who has not withdrawn 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 is received 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 the candidate dies before 11.00 a.m. on the last date for making nomination or before the time fixed for scrutiny of nominations. All candidates including those who have withdrawn their nominations are eligible to contest in the fresh election. No fresh nomination is necessary in case of a person who was a contesting candidate at the time of adjournment of poll.
rule 36 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 34 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

During the time of Poll:

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

48 a. the elector b. 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 elector d. a person accompanying a blind or an infirm elector e. 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 election g. 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 38 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 36 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, 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.

49 The appointment to be made in Form 11 and shall be handed over 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, Municipalities and Corporations (Elections) Rules, 2006

Arrangements at Polling Station:

The State Election Commission has prescribed that the number of 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 electoral roll, 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 be displayed prominently : a) a notice showing the number of contesting candidates as published in Form 9 and the distinctive symbol assigned to each candidate. b) a notice showing the polling area and the groups of electors who are entitled to vote at that polling station.
rule 41 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and

50
rule 39 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

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 the signature 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 the persons 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 of the Polling Agents. Reading the relevant provision of the Act about maintaining the secrecy of the election to such persons present at the polling station.
rule 42 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 40 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

51

The Tamil Nadu State Election Commission has prescribed that one number of marked copy of electoral roll to be used in each Polling 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 elector by 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 debar the person challenged from voting besides taking appropriate action against him/her. If the challenge is frivolous or not in good faith, the Presiding Officer shall forfeit the deposit amount to the local body concerned. In any other case, the deposit amount will be returned to the challenger at the conclusion of enquiry.
rule 45 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 43 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

Safeguards against impersonation :-

52

With a view to preventing impersonation of electors and facilitating the electors identification at the time of poll, every elector 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.
rule 47 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 45 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

Right to vote:
The following persons shall not be entitled to vote: a) who is of unsound mind and declared so by a competent court; b) whose name is not entered in the electoral roll c) 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 of imprisonment or otherwise, provided that this rule shall not apply 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 the Act.

53 No person at an election shall vote in more than one ward or more 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, Sec. 47 of the Tamil Nadu District Municipalities Act, 1920 and rule 46 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

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.

54 The colour of the Ballot paper for different elections shall be as follows: 1. 2. 3. 4. 5. Village Panchayat Ward Member Village Panchayat President Panchayat Union Ward Member District Panchayat Ward Member Urban Local Body Elections White Pink Green Yellow White

The detailed instructions for printing of the Ballot papers are 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, Municipalities and Corporations (Elections) Rules, 2006

Voting Procedure for Electors on Election Duty

When an elector is drafted for election duty and is unable to vote, he/she may send a request in Form 15 along with a copy 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 that the applicant is entitled to vote, shall forward to the

55 applicant an EDC (Election Duty Certificate) in Form 16 and a ballot paper. On receiving the ballot paper, the elector on election duty shall 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.
rule 52 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 50 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

The Returning Officer shall maintain a Register for issuing Election Duty certificates

Voting by Blind and infirm voters:If the Presiding Officer is satisfied that owing to blindness or other physical infirmity, an elector is unable to record his vote on 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 more than one election at any polling station on the same day. The Presiding Officer shall get the signature / thumb imprison of the companion in Form 18.
rule 53 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 51 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

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Tendered votes:
If a person represented himself/herself to be a particular elector 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 ballot paper shall fold it and give it to the Presiding Officer instead of putting it into the Ballot box. The Presiding Officer shall place it in a separate cover superscribed as Tendered vote

rule 55 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 53 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

Adjournment of Poll in emergencies

If the proceedings of the poll at the polling station are interrupted 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 the persons present at the polling station. The Presiding Officer shall make a full report of the circumstances and send the ballot and other packets

57 containing marked copy of electoral roll, counterfoils of Ballot papers etc., to the Returning Officer. The Returning Officer shall report the matter to the District Election 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 of the local body informing the date and time fixed for the adjourned poll. Beat of tom-tom shall also be made in the Village areas. The Returning Officer shall not count the votes cast at such election until the adjourned poll is completed If the adjournment of poll is ordered for the number of hours for which it was not held on previous occasion, the Presiding 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 previous occasion shall only be allowed to vote in the adjourned poll.

58 If the poll is adjourned for full number of hours, the Returning Officer shall proceed afresh in accordance with the rules in all respects, as if it is being held at polling station for the first time. There shall be no fresh nominations. In respect of party based elections, if a contesting candidate sponsored 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 Election Officer, 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 and rule 54 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

Fresh Poll:
If at any election -

a) the ballot box is taken out of the custody of the Returning Officer 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

59 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 Municipalities, Municipalities and Corporations (Elections) Rules, 2006

Closing of Poll:
The Presiding Officer shall close the poll at the polling station at the hour fixed in that behalf. all electors present at the polling station before the close of poll shall be allowed to cast their vote. No person shall be allowed to cast his/her vote after the close of poll. The Presiding Officer shall close, seal and secure the ballot box / boxes as provided in the Rules. The Presiding Officer shall put the following into a separate cover, seal it and all the candidates or election agents to affix their own seal, if so desire (i) (ii) marked copy of the electoral roll unused and cancelled ballot paper

(iii) tendered ballot papers and tendered voters list

60 (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 Presiding Officer covers containing (i) (ii) Ballot paper account in Form 20 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 be made (i) (ii) Reference copy of electoral roll 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.

61
rule 58 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 56 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

The Presiding Officer shall then deliver the ballot box or boxes and all the covers containing the said records, all other papers and cash if any to the Returning Officer
rule 59 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 57 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

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.

62

Counting of Votes:
The counting shall take place on the day at the place and hour appointed 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 counting centre during the time of counting. i) Counting Supervisors and counting Assistants appointed by Returning 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 warrants
rule 60 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 81 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006 S.O. No. 58/2006/TNSEC/ME, dated 4.9.2006

Before, the counting, the Returning Officer shall read the provisions of Act relating to the secrecy of election to such persons present in the counting centre.

63 The Postal ballot papers shall be counted first before taking up the counting of votes recorded at the polling station. The postal ballot paper received after 5.00 p.m. on the day of Poll shall not be counted. They should be treated as rejected. The Ballot boxes relating to each polling station shall be taken up 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.
rule 61 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 85 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

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 to stop the counting of votes and order for fresh poll or order for resumption and completion of the counting.
rule 62 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 84 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

64 During counting, the ballot papers shall be rejected on the following grounds: a) if it bears any mark or writing by which the election cannot be identified b) if no vote is recorded thereon c) if votes are given in favour of more than one candidate d) if the mark indicating the vote thereon is doubtful to which candidate, the vote has been given e) if it is a spurious ballot paper f) if it is so damaged or mutilated g) 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 signature of 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 Returning Officer shall be final, subject to the decision of the competent court or an election petition.
rule 63 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 85 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities aad Corporations (Elections) Rules, 2006

65 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 Municipalities, Municipalities and Corporations (Elections) Rules, 2006

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 Rural Local 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 for recounting in writing before the declaration of result of the election is made.

66 o On such application, the Returning Officer shall decide the matters 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.
rule 66 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 88 of the Tamil Nadu Town Panchayats, Third Grade 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 Panchayat President (ii) For the election of Village Panchayat Ward Member (iii) Urban Local Body Election Form 23 Form 24 Form 26

67 The Returning Officer shall forthwith cause to be affixed a copy 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 contesting candidates, 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/her counting agent, on application, be permitted to take a copy or an extract from the Result sheet.
rule 67 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 89 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

The procedures and illustrations for declaring the winning candidate 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 to be 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.

68 All the above election records shall be retained in the custody of Returning Officer or the Treasury/Sub-Treasury for a period of six months and shall thereon after unless otherwise directed by the Competent Court, cause to be destroyed.
rule 68 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 90 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

69

Publication of the Names of Successful Candidates

The names of the candidates duly elected shall be published as follows:Sl. No Name of the Election Authority by whom the result to be published State Election Commission District Election Officer District Election Officer District Election Officer Nature of publication Tamil Nadu Government Gazette District Gazette District Gazette District Gazette In the Notice Board of the Office of Returning Officer, office of Village Panchayat concerned and any conspicuous place in the Village Panchayat. Tamil Nadu Government Gazette Tamil Nadu Government Gazette

1.

District Panchayat Ward Members Panchayat Union Ward Members Village Panchayat Presidents

2. 3.

4.

Village Panchayat Ward Members

Returning Officer

5.

6.

Councillors of Municipal Corporations Councillors of Municipalities and Ward Members of Third Grade Municipalities Ward Members of Town Panchayats

State Election Commission State Election Officer/Commissioner of Municipal Administration State Election Officer/Director of Town Panchayats

7.

Tamil Nadu Government Gazette

rule 69 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and

70
rule 91 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

71

Oath or Affirmation
The elected member shall make and subscribe oath or affirmation in the first meeting of the local body of the Ordinary or Casual election. The senior member of Panchayat Union Council or the District Panchayat, nominated by the respective Returning Officer shall make oath or affirmation before the Returning Officer. The other members of Panchayat Union and District Panchayat shall make oath or affirmation before that Senior Member. The President of Village Panchayat shall make oath or affirmation before the Returning Officer or Assistant Returning Officer concerned. The members of Village Panchayat shall take their oath before the President of the Panchayat. The elected members of Corporations, Municipalities, Third Grade Municipalities and Town Panchayats shall make oath or affirmation before the Commissioner/Executive Officer of the concerned Corporation/Municipality/Town Panchayat, as the case may be.
rule 70-A of the Tamil Nadu Panchayats (Elections) Rules, 1995 and The Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities And Corporations (Oath or Affirmation by The Mayors, Chairmen, Members and Councillors) Rules, 2006.

72

Indirect Elections
The Indirect elections have to be held to the following Offices a) Rural Local Bodies 1. Chairmen and Vice Chairmen of District Panchayats 2. Chairmen and Vice Chairmen of Panchayat Union Councils 3. Vice Presidents of Village Panchayats b) Urban Local Bodies 1. Mayors and Deputy Mayors of Municipal Corporations 2. Chairmen and Vice Chairmen of Municipalities, Third Grade Municipalities and Town Panchayats 3. Chairmen of Wards Committees 4. Member of Taxation Appeal Committees, Appointment Committees and Contract Committees 5. Members and Chairmen in the various standing Committees During ordinary elections, the election notifications of Tamil Nadu State Election Commission issued under the Rules will indicate the date on which indirect elections are to be held. In the case of casual vacancies, the election meeting for the indirect elections shall be convened and conducted on the date

73 fixed by Tamil Nadu State Election Commission within sixty days from the date of occurrence of such vacancy. The meeting for indirect elections shall be conducted in the office of the respective local bodies (i.e.) the premises where the regular meeting of the local body to transact its normal business is conducted. The officers who are authorized to conduct indirect elections (Returning Officers) are as follows:
Chairmen and Vice Chairmen of District Panchayats Chairmen and Vice Chairmen of Panchayat Unions by the District Collector concerned. by the Assistant Director of Rural Development or any equivalent officers nominated by the State Election Commission. by the Returning Officer or Assistant Returning Officer of respective Village Panchayats. by the Commissioner of Municipal Corporation concerned. by the Commissioner of Municipality concerned.

(i)

(ii)

(iii)

Vice Presidents of Village Panchayats

(iv)

All Indirect elections in Municipal Corporations

(v)

Municipalities

74

(vi)

Third Grade Municipalities

by the Executive Officers of Third Grade Municipality concerned. by the Executive Officers of the Town Panchayat concerned.

(vii)

Town Panchayats

Normally the Returning Officer, who conducts the direct elections will be the Returning Officer for Indirect elections also. All the elected members of the concerned local body shall participate in the indirect elections. The Returning Officer shall give at least seven clear days notice to all the Ward members of the meeting. The Returning Officer shall not start the process of election unless there be present a majority of ward members of that local body (i.e.) quorum for indirect election will be one more than the 50% of the total members of the local body. The Returning Officer need not wait indefinitely for the arrival of members to make quorum. At the best he/she can wait for half an hour from the time fixed for the commencement of the election meeting and then adjourn the meeting for no quorum. If the election meeting could not be completed for want of quorum in three consecutive meetings, the election shall be completed in the fourth meeting irrespective of the quorum.

75 Every candidate for election shall be nominated in the Form 27-A in respect of Rural Local Bodies and in Form 28 in respect of Urban Local Bodies prescribed under the Rules. When the office of the Chairman / Vice Chairman / Vice President is reserved for SC/ST, only the members belonging to that category will be eligible to contest for that election. Nothing will prevent any ward member belonging to SC/ST from contesting in general category. The nomination must be in the prescribed form in writing. It must be signed by two ward members as proposer and seconder. The nomination should contain a declaration that the member is willing to contest the election. If the seat is reserved for SC/ST, the candidate shall give further declaration in writing that he/she belongs to that category. If the total number of ward members is five or less than five, the nomination paper may be signed by one member as proposer and the seconder is not necessary. The procedures for conduct of election and declaration of result are prescribed under the rule 71 to 98 of the Tamil Nadu Panchayats (Elections) Rules 1995 and rule 94 to 114 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006 . The election procedures are elaborately explained in the Hand Book 9 (2006) i.e., kiwKfj; njh;jy; elj;Jk; mYtyh; - cjtpj; njh;jy; elj;Jk; mYtyh;fSf;fhd mwpt[iufs; issued by the Tamil Nadu State Election Commission. The names of elected candidates in the indirect election shall be published as follows:

76

Sl. No. 1

Name of the Election Chairmen of District Panchayats and Panchayat Union Councils Vice Chairmen of District Panchayats and Panchayat Union Councils

Authority to Publish by the Returning Officer

Name of Publication Tamil Nadu Government Gazette On the Notice Board of the Office of the Local Body concerned. Need not be published in the Tamil Nadu Government Gazette. On the Notice Board of the Office of the concerned Village Panchayats. Tamil Nadu Government Gazette Tamil Nadu Government Gazette Tamil Nadu Government Gazette

by the Returning Officer

Village Panchayat Vice Presidents Mayors and Deputy Mayors of the Corporations All indirect elections in Municipalities and Third Grade Municipalities All indirect elections in Town Panchayats

by the Returning Officer Tamil Nadu State Election Commission State Election Officer State Election Officer

5 6

rule 113 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006 and rule 89(c), 91 and 94 of the Tamil Nadu Panchayats (Elections) Rules, 1995

The elected Mayor of Corporation, Chairman of Municipality/ Third Grade Municipality / Town Panchayat shall make oath or affirmation before the Commissioner of Corporation / Municipality, Executive Officer of Third Grade Municipality /

77 Town Panchayat as the case may be. The Deputy Mayor and Vice Chairman shall take oath before the Mayor and Chairman of respective local bodies.
The Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities And Corporations (Oath or Affirmation by The Mayors, Chairmen, Members and Councillors) Rules, 2006

The Tamil Nadu State Election Commission is empowered to advance or postpone indirect election for sufficient reasons.
rule 99 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 115 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

78

Election Expenses
Lodging of election expenses by the candidates who have contested in the local body election is a statutory requirement under Rules. The accounts of election expenses to be kept by a candidate or his / her election agent shall contain all the particulars specified and in the format prescribed by State Election Commission vide S.O.No.59/2006/TNSEC/PE, dated 04.09.2006. Every contesting candidate at an election shall, within thirty days from the date of declaration of the result of election, lodge the election expenses accounts with the following officers as prescribed in S.O.No.60/2006/TNSEC/PE, dated 04.09.2006.
1 2 3 4 5 6 Member of District Panchayat Member of Panchayat Union Village Panchayat President Councillor of City Municipal Corporation Councillor of Municipality and Third Grade Municipality Member of Town Panchayat District Panchayat Secretary Panchayat Union Commissioner concerned Panchayat Union Commissioner concerned Commissioner of Corporation Commissioner of Municipality and Third Grade Municipality concerned. Executive Officer of Town Panchayat concerned.

The maximum ceiling fixed for election expenses in respect of Rural and Urban local body elections is as follows:

79

Rural Local Body

Rs. for election as Ward Member of District Panchayat for election as Ward Member of Panchayat Union for election as President of Village Panchayat for election as Ward Member of a Village Panchayat 75,000/37,500/15,000/3,750/-

Urban Local Body

i) ii) iii) iv) v) for election as councillor of a Town Panchayat or Third Grade Municipality for election as Councillor of a Municipality (second and first grades) for election as Councillor of a Municipality (selection and special grades) for election of Councillor (Other than Chennai Corporation ) for election of Councillor (Chennai Corporation) Rs. 7,500 15,000 37,500 22,500 37,500

Where the State Election Commission decides that a contesting candidate has failed to lodge his/her account of election expenses within the time and in the manner prescribed, it shall by notice in writing call upon the candidate to show cause why he/she should not be disqualified for the failure. Such candidate may within twenty days in the case of Rural Local Body election and 21 days in the case of Urban Local Body election from the date of receipt of notice, submit a representation in writing to State Election Commission and shall at the same time send a copy of

80 his/her representation to the office prescribed together with a complete account of his/her election expenses. If, after considering the representation submitted by the candidate and the comments made by the District Election Officer / District Collector or the officer specified by the Tamil Nadu State Election Commission, and after such enquiry, as it thinks fit, the Tamil Nadu State Election Commission is satisfied that the candidate has no good reason or justification for the failure to lodge his account within the time and in the manner required by the said rules, or orders issued there under, it shall by order declare him to be disqualified for being chosen as, and for being or member or president or councillor or chairman or Mayor as the case may be for a period of three years from the date of the order.
rule 120 & 121 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 116 & 117 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006 Sec. 37(4) of the Tamil Nadu Panchayats Act, 1994, Sec. 49(2-A) of the Tamil Nadu District Municipalities Act, 1920.

81

Election Petition
No election held under the Act, shall be called in question except by an election petition to the District Judge under whose jurisdiction the Panchayat or the Municipality falls.
rule 122 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 118 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

An election petition shall be presented within 45 days from the date of publication of result of election..
rule 123 of the Tamil Nadu Panchayats (Elections) Rules, 1995 and rule 119 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

The adjudication of election disputes has been explained in Part XI of the Tamil Nadu Panchayats (Elections) Rules, 1995, and part X of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006.

82

Conclusion
The Birds eye-view is certainly a ready reckoner to know the provisions for the conduct of elections to the Rural and Urban Local Bodies. By and large, it is a collection of information in hand. It is needless to say that it will be very much helpful to all the categories of Officers who are involved in the process of conducting the Local Bodies Elections. It is only a guide to facilitate the Election Officers instantly. I am delighted to inform that the Birds eye view will pave way for quick understanding of the various provisions of the Acts and Rules of the Panchayat and Urban Local Bodies while conducting the local body elections.