Search Results on rules for query: "The Conduct of Assembly Elections (Sikkim) Rules, 1979"
Related Section(s)(1) In this Act, unless the context otherwise requires,
(a) each of the expressions defined in section 2 or sub-section (1) of section 27 of the Representation of the People Act, 1950 (43 of 1950), but not defined in this Act, shall have the same meaning as in that Act; (b) "appropriate authority" means, in relation to an election to the House of the People or the Council of States 1***, the Central Government, and in relation to an election to the Legislative Assembly or the Legislative Council of a State, the State Government; 2[(bb) "chief electoral officer" means the officer appointed under section 13A of the Representation of the People Act, 1950 (43 of 1950);] (c) "corrupt practice" means any of the practices specified in section 123 3***; 4[(cc) "district election officer" means the officer designated or nominated under section 13AA of the Representation of the People Act, 1950 (43 of 1950);] (d) "election" means an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State 5*** 6***; 8[(e) "elector in relation to a constituency" means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950);] 9[(f) "political party" means an association or a body of individual citizens of India registered with the Election Commission as a political party under section 29A;] (g) "prescribed" means prescribed by rules made under this Act; 4[(h) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881);] 10[(i)] "sign", in relation to a person who is unable to write his name, means authenticate in such manner as may be prescribed. 11* * * * * 12* * * * * (2) For the purposes of this Act, 13*** a Parliamentary constituency, an Assembly constituency, a Council constituency, a local authorities' constituency, a graduates' constituency and a teachers' constituency shall each be treated as a constituency of a different class. (3) Any requirement under this Act that a notification, order, rule, declaration, notice or list issued or made by any authority shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule, declaration, notice or list shall (a) where it is issued or made by the Central Government, be published in the Gazette of India; (b) where it is issued or made by a State Government, be published in the Official Gazette of the State; and (c) where it is issued or made by any other authority, be published in the Gazette of India if it relates to an election to, or membership of, either House of Parliament 14*** and in the Official Gazette of the State if it relates to an election to, or membership of, the House or either House of the Legislature of a State. (4) Where, under any of the provisions of this Act, anything is to be prescribed, different provisions may be made for different cases or classes of cases. 15* * * * * 16* * * * * 15* * * * *
1. Certain words omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957).
2. Ins. by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956). 3. The words and figures or section 124 omitted by s. 3, ibid. (w.e.f. 28-8-1956). 4. Ins. by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966). 5. The words "other than the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95, 96 and the Fifth Schedule (w.e.f. 31-10-2019). 6. Certain words omitted by Act 58 of 1958, s. 14 (w.e.f. 30-12-1958). 7. Subs. by Act 27 of 1956, s. 3, for clause (e) (w.e.f. 28-8-1956). 8. Ins. by Act 1 of 1989, s. 3 (w.e.f. 15-6-1989). 9. Clause (k) re-lettered as clause (i) of that section by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956). 10. Clause (j) omitted by the Adaptation of Laws (No. 2) order, 1956. 11. Clause (k) omitted by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966). 12. The words "an electoral college constituency" omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957). 13. The words "or the electoral college of union territory" omitted by s. 66, ibid. (w.e.f. 1-1-1957). 14. Sub-section (5) and (7) omitted and sub-section (6) re-numbered as sub-section (5) by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956). 15. Sub-section (5) Omitted by Act 34 of 2019, s. 95 and the fifth Schedule (w.e.f. 31-10-2019). 16. Sub-section (7) omitted by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956). 1[33. Presentation of nomination paper and requirements for a valid nomination.--(1) On or
before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his
proposer, between the hours of eleven O'clock in the forenoon and three O'clock in the afternoon deliver
to the returning officer at the place specified in this behalf in the notice issued under section 31 a
nomination paper completed in the prescribed form and signed by the candidate and by an elector of the
constituency as proposer:
2[Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election form a constituency unless the nomination paper is subscribed by ten proposers being electors of the constituency: Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday: Provided also that in the case of a local authorities' constituency, graduates' constituency or teachers' constituency, the reference to an elector of the constituency as proposer shall be construed as a reference to ten per cent. of the electors of the constituency or ten such electors, whichever is less, as proposers.] 3[(1A) Notwithstanding anything contained in sub-section (1), for election to the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution), the nomination paper to be delivered to the returning officer shall be in such form and manner as may be prescribed: Provided that the said nomination paper shall be subscribed by the candidate as assenting to the nomination, and (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, also by at least twenty electors of the constituency as proposers and twenty electors of the constituency as seconders; (b) in the case of a seat reserved for Sanghas, also by at least twenty electors of the constituency as proposers and at least twenty electors of the constituency as seconders; (c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency as proposer: Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.] (2) In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member and the area in relation to which that caste or tribe is a Scheduled Caste or, as the case may be, a Scheduled Tribe of the State. (3) Where the candidate is a person who, having held any office referred to in 4[section 9] has been dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State. (4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral rolls: 5[Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood; and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.] (5) Where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed along with the nomination paper, be produced before the returning officer at the time of scrutiny. 6[(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper: Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer for election in the same constituency.] 7[(7) Notwithstanding anything contained in sub-section (6) or in any other provisions of this Act, a person shall not be nominated as a candidate for election,-- (a) in the case of a general election to the House of the People (whether or not held simultaneously from all Parliamentary constituencies), from more than two Parliamentary constituencies; (b) in the case of a general election to the Legislative Assembly of a State (whether or not held simultaneously from all Assembly constituencies), from more than two Assembly constituencies in that State; (c) in the case of a biennial election to the Legislative Council of a State having such Council, from more than two Council constituencies in the State; (d) in the case of a biennial election to the Council of States for filling two or more seats allotted to a State, for filling more than two such seats; (e) in the case of bye-elections to the House of the People from two or more Parliamentary constituencies which are held simultaneously, from more than two such Parliamentary constituencies; (f) in the case of bye-elections to the Legislative Assembly of a State from two or more Assembly constituencies which are held simultaneously, from more than two such Assembly constituencies; (g) in the case of bye-elections to the Council of States for filling two or more seats allotted to a State, which are held simultaneously, for filling more than two such seats; (h) in the case of bye-elections to the Legislative Council of a State having such Council from two or more Council constituencies which are held simultaneously, from more than two such Council constituencies. Explanation.For the purposes of this sub-section, two or more bye-elections shall be deemed to be held simultaneously where the notification calling such bye-elections are issued by the Election Commission under sections 147, 149, 150 or, as the case may be, 151 on the same date.]
1. Subs. by Act 27 of 1956, s. 16, for section 33 (w.e.f. 28-8-1956).
2. Subs. by Act 21 of 1996, s. 6, for "the provisos" (w.e.f. 1-8-1996). 3. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). 4. Subs. by Act 38 of 1978, s. 3 and the Second Schedule, for clause (f) of section 7 (w.e.f. 26-11-1978). 5. Subs. by Act 47 of 1966, s. 29, for the proviso (w.e.f. 14-12-1966). 6. Subs. by Act 40 of 1961, s. 8, for sub-section (6) (w.e.f. 20-9-1961). 7. Ins. by Act 21 of 1996, s. 6 (w.e.f. 1-8-1996). (1) The Central Government may, after consulting the Election
Commission, by notification in the Official Gazette, make rules1for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 2[(a) the form of affidavit under sub-section (2) of section 33A;] 3[(aa)] the duties of presiding officers and polling officers at polling stations; 4[(aaa) the form of contribution report;] (b) the checking of voters by reference to the electoral roll; 4[(bb) the manner of allocation of equitable sharing of time on the cable television network and other electronic media;] (c) the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability; (d) the manner in which votes are to be given by a presiding officer, polling officer, polling agent or any other person, who being an elector for a constituency is authorised or appointed for duty at a polling station at which he is not entitled to vole; (e) the procedure to be followed in respect of the lender of vote by a person representing himself to be an elector after another person has voted as such elector; 5[(ee) the manner of giving and recording of voles by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used;] (f) the procedure as to voting to be followed at elections held in accordance with the system of proportional representation by means of the single transferable vote; (g) the scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election; 5[(gg) the procedure as to counting of votes recorded by means of voting machines;] (h) the safe custody of 6[ballot boxes, voting machines], ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers; 7[(hh) the material to be supplied by the Government to the candidates of recognised political parties at any election to be held for the purposes of constituting the House of the People or the Legislative Assembly of a State;] (i) any other matter required to be prescribed by this Act. 8[(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 9[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made,] the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to validity of anything previously done under the rule.]
1. See the Conduct of Election Rules, 1961.
2. Ins. by Act 72 of 2002, s. 6 (w.e.f. 24-8-2002). 3. Clause (a) renumbered as (aa) by s. 6, ibid. (w.e.f. 24-8-2002). 4. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003). 5. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003). 6. Ins. by Act 1 of 1989, s. 16 (w.e.f. 15-3-1989). 7. Subs. by Act 40 of 1961, s. 29, for sub-section (3) (w.e.f. 20-9-1961). 8. Subs. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 1[5A. Qualifications for membership of Legislative Assembly of Sikkim.2[(1)] Notwithstanding
Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat
in the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly
constituted under the Constitution) unless--
(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas; (b) in the case of a seat reserved for Sikkimese of Nepal origin, he is a person of Nepali origin and is an elector for any Assembly constituency in the State; (c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes specified in the Representation of Sikkim Subjects Act, 1974 and is an elector for any Assembly constituency in the State; and (d) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency.] 3[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), unless-- (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas; (b) in the case of a seat reserved for Scheduled Castes, he is a member of any of those castes in the State of Sikkim and is an elector for any Assembly constituency in the State; (c) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and (d) in the case of any other seat, he is an elector for any Assembly constituency in the State. Explanation.--In this sub-section "Bhutia" includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]
1. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975).
2. Section 5A re-numbered as sub-section (1) of that section by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979).
3. Ins. by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979).
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