The Kerala Panchayat Raj (Election of President and Vice President) Rules, 1995

1 Short title and commencement.

(1) These rules may be called the Kerala Panchayat Raj (Election of President and Vice President) Rules, 1995.

(2) They shall come into force at once.

2. Definitions,— In these rules unless the context otherwise requires,

(a) 'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(b) Form' means a form appended to these rules;
(c) 'Section' means a section of the Act;
(d) 'Returning Officer' means the officer designated or nominated by the State Election Commission under sub-section (6) of section 153;
(e) Words and expressions used and not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. The manner of allotment by rotation of the reserved seats of the Panchayat Presidents to various Panchayat.

(1) The seats of President reserved for women or the Scheduled Castes and Scheduled Tribes, as the case may be, under sub-section (3) of section 153 in a general election to Village Panchayats or Block Panchayats of District Panchayats in the State shall not be reserved to the same Panchayats in the succeeding general election.

(2) The '[State Election Commission] shall notify the reserved seats before issuing the notification of the general election under sub-section (2) of section 38.

  1. The manner of and the time limit for intimation of casual vacancies.— The Secretary concerned shall report to the State Election Commission the casual vacancy occurring in the office of the President or Vice-President of the Panchayat within one week from the occurrence of the vacancy.

     

  2. The manner of convening of election meeting.— (1) The election of President or Vice-president or both shall be held in a meeting of the elected members of the Panchayat specially convened for this purpose by the Returning Officer and such meeting shall, as far as possible, be held in the office of the concerned Panchayat.

     

(2) Such meeting shall be convened, in the case of an ordinary vacancy, within three weeks from the date of publicatign_of the names of members by the State Election Commission and in the

* Published in K.G. Ex. No. 1129 dt.2-8-2001, as S.R.O. No. 259/95.

1. Substituted for "Government " by S.R.O. No. 315/2000, w.e.f. 24-3-2000.

case of the casual vacancy, as soon as after the occurrence of the vacancy, on such date as may be fixed by the State Election Commission.

(3) The Returning Officer shall give notice regarding the place date and time of the meeting to the members at least seven clear days before the day of meeting and shall exhibit a copy of such notice in the notice board of the Panchayat concerned.

IA[Provided that in the case of election of the President and the Vice-President conducted for the first time after a general election conducted as per sub-section (1) of Section 38, such notice need be given before three clear days],

Explanation.— In computing clear days, Sundays and other holidays shall be included but the date of the meeting and date of issue of notice shall be excluded.

2[6. Quorum.— In the meeting summoned by the Returning Officer under sub-rule (2) of Rule 5, if at least half the number of members of the concerned Panchayat who have the right to vote are not present , the meeting shall be postponed to be held at the same time for the next working day and the election shall be conducted in the meeting so convened without insisting the quorum.]

7. Nomination of candidates.— (1) In the case of election of the President or Vice-President, as the case may be, .1 uiember shall nominate another member of the Panchayat concerned as a candidate and yet another member shall support it, and in case the person nominated is not present , a consent of the person so nominated agreeing to be a such a candidate shall also be produced:

Provided that a member shall not either propose or support more than one name.

'[Provided further that, in the case where, the places of President have been reserved for women or for scheduled caste and scheduled tribes or for their women under Section 153, it shall not be mandatory that such a member shall be proposed as a candidate by another member and seconded by yet another member].

(2)
The Returning Officer shall, in the meeting read out the names of the candidates found to have been duly nominated on scrutiny and the names of their proposers and supporters.
(3)
No member, who has not taken oath or affirmation under sub-section (2) of section 152, shall take part of vote in the election of the President or Vice - President under these rules.

8. Election procedure.— (1) If there is only one candidate duly nominated to the office of the President or Vice-President, as the case may be, no voting shall be conducted and the returning officer shall declare that candidate to have been elected as President or Vice-President, as the case may be.

(2)If there are more than one candidate for one office voting shall be conducted as per rule 9.

9. The manner of recording of votes, conducting of votes and declaration of result.—

(1)The Returning Officer shall supply to each member wishing to vote in the election of president or vice-president, as the case may be, a ballot paper in Eorm I.
(2)The ballot paper shall contain the names of all contesting candidates on one side and the seal and full signature of the Returning Officer on the reverse side.

IA. Inserted by S.R.O. No. 1118/95, w.e.f. 21-9-1995 in K.G. Ex. No. 947 dated 21.9.1995.

  1. Substituted by S.R.O. No. 1118/95, w.e.f. 21-9-1995 in K.G. Ex. No. 947 dated 21.9.1995. Prior to the substitution it read as under: "6. Quorum.— No election of the President or the Vice-President shall be held in a meeting it" at least one half number of the members of the Panchayat concerned having right to vote are not present at that meeting."
  2. Inserted by S.R.O. No. 1118/95, w.e.f. 21-9-1995 in K.G. Ex. No. 947 dated 21.9.1995.

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