Deed changing name of Lalhmangaiha Kawlni of Fire & Emergency Services staff
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNO.FS/RO/54/2016/1119, the 11th September, 2017.Pur suant to the Govt. Office Memorandum No.A.47012/1/2016 - P&AR(GSW) Dt. 17.1.2017, Lalhmangaiha Kawlni of Fire & Emergency Services staff who wish to change his Name/Surname as La lhmanga iha Colney is hereby a ccepted on account of his private reasons. He is further directed to submit publication of the change in a prominent local news paper as well as in the Mizoram Gazette at the Government employees own expense. Lalhuliana Fanai, Director, Fir e & Emergency Services, Mizor am : Aizawl. VOL - XLVI Aizawl, Wednesday 13.9.2017 Bhadrapada 22, S.E. 1939, Issue No. 499Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNO.FS/RO/54/2016/1119, the 11th September, 2017.Pur suant to the Govt. Office Memorandum No.A.47012/1/2016 - P&AR(GSW) Dt. 17.1.2017, Lalhmangaiha Kawlni of Fire & Emergency Services staff who wish to change his Name/Surname as La lhmanga iha Colney is hereby a ccepted on account of his private reasons. He is further directed to submit publication of the change in a prominent local news paper as well as in the Mizoram Gazette at the Government employees own expense. Lalhuliana Fanai, Director, Fir e & Emergency Services, Mizor am : Aizawl. VOL - XLVI Aizawl, Wednesday 13.9.2017 Bhadrapada 22, S.E. 1939, Issue No. 499Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Deed changing name of L. David Vungzalian of Fire & Emergency Services staff
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNO.FS/RO/54/2016/1121, the 11th September, 2017.Pur suant to the Govt . Office Memorandum No.A.47012/1/2016 - P&AR(GSW) Dt. 17.1.2017, L. David Vungzalian of Fire & Emergency Services staff who wish to change his Name/Surname as L. David Vungzaliana is hereby accepted on account of his private reasons. He is further directed to submit publication of the change in a prominent local news paper as well as in the Mizoram Gazette at the Government employees own expense. Lalhuliana Fanai, Director, Fir e & Emergency Services, Mizor am : Aizawl. VOL - XLVI Aizawl, Wednesday 13.9.2017 Bhadrapada 22, S.E. 1939, Issue No. 500Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNO.FS/RO/54/2016/1121, the 11th September, 2017.Pur suant to the Govt . Office Memorandum No.A.47012/1/2016 - P&AR(GSW) Dt. 17.1.2017, L. David Vungzalian of Fire & Emergency Services staff who wish to change his Name/Surname as L. David Vungzaliana is hereby accepted on account of his private reasons. He is further directed to submit publication of the change in a prominent local news paper as well as in the Mizoram Gazette at the Government employees own expense. Lalhuliana Fanai, Director, Fir e & Emergency Services, Mizor am : Aizawl. VOL - XLVI Aizawl, Wednesday 13.9.2017 Bhadrapada 22, S.E. 1939, Issue No. 500Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Deed changing name of Rozzy Vanlalhruaia of Fire & Emergency Services staff
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNO.FS/RO/54/2016/1120, the 11th September, 2017.Pur suant to the Govt . Office Memorandum No.A.47012/1/2016 - P&AR(GSW) Dt. 17.1.2017, Rozzy Vanlalhruaia of Fire & Emergency Services staff who wish to change his Name/Surna me as R ozzy V. L. Hrua ia is hereby a ccepted on account of his private reasons. He is further directed to submit publication of the change in a prominent local news paper as well as in the Mizoram Gazette at the Government employees own expense. Lalhuliana Fanai, Director, Fir e & Emergency Services, Mizor am : Aizawl. VOL - XLVI Aizawl, Wednesday 13.9.2017 Bhadrapada 22, S.E. 1939, Issue No. 501Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNO.FS/RO/54/2016/1120, the 11th September, 2017.Pur suant to the Govt . Office Memorandum No.A.47012/1/2016 - P&AR(GSW) Dt. 17.1.2017, Rozzy Vanlalhruaia of Fire & Emergency Services staff who wish to change his Name/Surna me as R ozzy V. L. Hrua ia is hereby a ccepted on account of his private reasons. He is further directed to submit publication of the change in a prominent local news paper as well as in the Mizoram Gazette at the Government employees own expense. Lalhuliana Fanai, Director, Fir e & Emergency Services, Mizor am : Aizawl. VOL - XLVI Aizawl, Wednesday 13.9.2017 Bhadrapada 22, S.E. 1939, Issue No. 501Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50The State Adoption Advisory Committee as under with immediate effect and until further order
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. B. 12011/22/12-SWD, the 7lh September, 2017.In par tial modification to the Notification No. B. 12011/22/12-SWD date 11th August, 2017 and the interest of public services and in exercise of power conferred under Cha pter 10 C 5.4 of the Revised Integra ted Child Protection Scheme (ICPS), the Governor of Mizoram is pleased to constitute the State Adoption Advisory Committee as under with immediate effect and until further or der: Chairman:Secr etary, S WD/Women & Child Develop ment Member Secretary :Director, Women & Child Development or the concerned Directorate for Adoption Progr amme Members:Repr esentat ive of State Health Depart ment Repr esentative of CARA on invita tion Programme Manager, State Child Protection Society Programme Ma nager, SARA Repr esentatives of two SAAs by rota tion Expert in t he field of Child Rights and Child Protection Legal Exp ert Repr esentat ive of Childline Services Ter ms of R eferenc es : A review of the performance of each personnel sha ll be undertaken every year at the state level by the State Principal Secretary/Secretary dealing with the ICPS and at district level by the District Magistrate. Once the DCP O is appointed, either by deputation or cont ract, he/she shall also be pa rt of the selection committee for appointment of other personnel of the DCPU. The Financial support may be provided from Family Based Non-Institutional Care through Adoption. Validity: The term of State Adoption Advisory Committee shall be three (3) year s extendable by 2 year s on the basis of performance appraisal reports. This supersedes Notification No. B. 12011/22/12-SWD date 11th August, 2017 P. Lalchhuanga, Secr etary to the Govt. of Mizoram, Socia l Welfar e Depart ment. VOL - XLVI Aizawl, Friday 15.9.2017 Bhadrapada 24, S.E. 1939, Issue No. 502Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. B. 12011/22/12-SWD, the 7lh September, 2017.In par tial modification to the Notification No. B. 12011/22/12-SWD date 11th August, 2017 and the interest of public services and in exercise of power conferred under Cha pter 10 C 5.4 of the Revised Integra ted Child Protection Scheme (ICPS), the Governor of Mizoram is pleased to constitute the State Adoption Advisory Committee as under with immediate effect and until further or der: Chairman:Secr etary, S WD/Women & Child Develop ment Member Secretary :Director, Women & Child Development or the concerned Directorate for Adoption Progr amme Members:Repr esentat ive of State Health Depart ment Repr esentative of CARA on invita tion Programme Manager, State Child Protection Society Programme Ma nager, SARA Repr esentatives of two SAAs by rota tion Expert in t he field of Child Rights and Child Protection Legal Exp ert Repr esentat ive of Childline Services Ter ms of R eferenc es : A review of the performance of each personnel sha ll be undertaken every year at the state level by the State Principal Secretary/Secretary dealing with the ICPS and at district level by the District Magistrate. Once the DCP O is appointed, either by deputation or cont ract, he/she shall also be pa rt of the selection committee for appointment of other personnel of the DCPU. The Financial support may be provided from Family Based Non-Institutional Care through Adoption. Validity: The term of State Adoption Advisory Committee shall be three (3) year s extendable by 2 year s on the basis of performance appraisal reports. This supersedes Notification No. B. 12011/22/12-SWD date 11th August, 2017 P. Lalchhuanga, Secr etary to the Govt. of Mizoram, Socia l Welfar e Depart ment. VOL - XLVI Aizawl, Friday 15.9.2017 Bhadrapada 24, S.E. 1939, Issue No. 502Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Deed changing name of C/22 R.Lalrempuia (PUN:300384AB0715568)
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTICENo. 3MAP/R-29/2017/2012, the 8th September, 2017.Wher ea s C/22 R.Lalr empuia (PUN: 300384AB0715568) applied for change of his name as La lrempuia in a prescr ibed Deed for changing his na me; Whereas he stated that his name was written as R.Lalrempuia at the time of recruitment as per his service record; Whereas he further stated that he wrote his full na me a s Lalrempuia in his voter ’s ID , Ba nk Account etc. Wher eas aft er considering the case it was satisfied that no foul pla y is involved in his a pplication; Now, therefore, the permission is granted to change his name toLalrempuia in his service record. Laldawngliana, Commandant, 3rd Bn. MAP : Aizawl, Mizoram. Tel. Nos. : 2317681 (office) / 2324862 (fax). VOL - XLVI Aizawl, Friday 15.9.2017 Bhadrapada 24, S.E. 1939, Issue No. 503Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTICENo. 3MAP/R-29/2017/2012, the 8th September, 2017.Wher ea s C/22 R.Lalr empuia (PUN: 300384AB0715568) applied for change of his name as La lrempuia in a prescr ibed Deed for changing his na me; Whereas he stated that his name was written as R.Lalrempuia at the time of recruitment as per his service record; Whereas he further stated that he wrote his full na me a s Lalrempuia in his voter ’s ID , Ba nk Account etc. Wher eas aft er considering the case it was satisfied that no foul pla y is involved in his a pplication; Now, therefore, the permission is granted to change his name toLalrempuia in his service record. Laldawngliana, Commandant, 3rd Bn. MAP : Aizawl, Mizoram. Tel. Nos. : 2317681 (office) / 2324862 (fax). VOL - XLVI Aizawl, Friday 15.9.2017 Bhadrapada 24, S.E. 1939, Issue No. 503Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Deed changing name of Pu H. Zoliankunga, Handyman, Agriculture Department
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNo. A. 47011/1/2017-DTE(AGR-ESTT), the 11th September, 2017.On fulfillment of criteria issued by DP&AR(GSW) vide O.M. No. A. 47011/1/2016-P&AR(GSW) dt. 17/01/2017 like Deed of Agreement etc., it is hereby notified that the name of Pu H. Zoliankunga, Handyman written as ‘Zoliankunga’ in his Service Book etc. should b e read as H. Zoliankunga with immediate effect. J. Lalzamliana, Director of Agriculture, (Crop Husbandry) Mizor am : Aizawl. VOL - XLVI Aizawl, Friday 15.9.2017 Bhadrapada 24, S.E. 1939, Issue No. 504Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNo. A. 47011/1/2017-DTE(AGR-ESTT), the 11th September, 2017.On fulfillment of criteria issued by DP&AR(GSW) vide O.M. No. A. 47011/1/2016-P&AR(GSW) dt. 17/01/2017 like Deed of Agreement etc., it is hereby notified that the name of Pu H. Zoliankunga, Handyman written as ‘Zoliankunga’ in his Service Book etc. should b e read as H. Zoliankunga with immediate effect. J. Lalzamliana, Director of Agriculture, (Crop Husbandry) Mizor am : Aizawl. VOL - XLVI Aizawl, Friday 15.9.2017 Bhadrapada 24, S.E. 1939, Issue No. 504Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50PRELIMINARY NOTIFICATION FOR LAND ACQUISITION IN AIZAWL DISTRICT FOR EWS HOUSING PROJECT, HAWNGTIAL RAM.
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008PRELIMINARY NOTIFICATIONFOR LAND ACQUISITION IN AIZAWL DISTRICT FOR EWS HOUSING PROJECT,HAWNGTIAL RAM.No.K.12011/14/2010-REV, the 12th September, 2017.Whereas it appear s to the Government of Mizoram that a total 1617.75 sq.m of land is required in Hawngtial Ram (nea r Edenthar loca lity), under the administrative jurisdiction of Chaltlang Local Council in the Dis trict of Aizawl for public purpose, viz, cons truction of EWS Housing Project. Social Impact Assessment Study was carried out by State Institute of Rural Development &Panchayati Raj (S IRD & PR) and a report submit ted as per Section 4 of the Mizoram (Land Acquisit ion, Rehabilitation & Resettlement) Act, 2016 (copy of SIA Report appended at Annexure – II). 1 (one) family is likely to be affected due to the land acquisit ion. The reason necessitating such affect is given below :- “Construction of EWS Housing Project”.The Additional Deputy Commissioner (E), Aizawl District is appointed as Administra tor for the purpose of r ehabilitation a nd resettlement of the affected families, if any. Therefore, it is notified that for the above said project in the District of Aiza wl, land measuring 1617.75 sq.m is under a cquisition. This notification is made under the provisions of Section 11 (1) of the Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016, to all whom it may concern. A plan of t he land may be inspected in the office of t he District Collector and Settlement Officer of concerned District on any working day during wor king hours. Objections, if any, to the acquisition r egarding :- i)The area and suita bility of land proposed to be acquired. ii)Justification offered for public purpose. iii)The findings of the Social Impact Assessment Report. VOL - XLVI Aizawl, Friday 15.9.2017 Bhadrapada 24, S.E. 1939, Issue No. 505 - 2 - Ex-505/2017 may be filled by the person interested wit hin 60 (sixty) days fr om the date of publica tion of this notification as pr ovided under Section 15 of the Act before the District Collector, Aizawl Distr ict. R. Lalramnghaka, Secr etary to the Government of Mizoram, Land Revenue & Settlement Deptt. 1. Background 1.1. The process of land acquisition for Economically Weaker Section (EWS) Housing Project implemented by Urba n Development & Poverty Alleviation (UD&PA) Depa rtment a t Ha wngtial Ram, near Edenthar was initiated in the beginning of 2014. Spot verification was conducted jointly by Land Revenue & Settlement (LR&S) Department, UD&PA Department, and the owner of the land on 20th January 2014. Public Notifications were also issued subsequently in March and September 2014 (vide No.K.12011/14/2010-REV dated 3rd March & 25th September 2014). However, before the completion of the process of land acquisition for this project, the Government of Mizoram repealed Land Acquisition Act, 1894 and introduced the new Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016, hereinafter called MLARR Act. Consequently, the process of land acquisition has to be undertaken as per MLARR Act, 2016. 1.2. Even though the exercise of land acquisition was not completed, construction of 13 four-s tor ey r es ident ia l b uildings and commu nit y ha ll wa s initia t ed, a nd a ll a re nea r ing t heir comp let ion t oda y. While there is no question on the need for land acquisition in case of 8 residential buildings and community hall as it was already done according to Land Acquisition Act 1894, fresh land acquisition exercise is required for the remaining 5 residential buildings (presented below) due to the change in the Law before completion of the entire process. 1.3. Section 4 of the MLARR Act, 2016 requires the conduct of Social Impact Assessment (SIA) to assess whether the proposed acquisition serves public purpose, the extent of families affected, extent of damages likely to be caused by the project on public properties, whether the proposed land is absolute bare minimum extent needed, and whether there is alternative better than the existing land acquisition. The SIA has to be conducted transparently with active participations and consultation of various local stakeholders and affected families. The State Institute of Rural Development and Panchayati Raj (SIRD & PR), being the notified SIA unit under Government of Mizoram, conducted the exercise of assessment during April-May 2017 through consultation of local authorities, spot visit, and interview of various stakeholders.- 3 -Ex-505/2017 2. Brief Description of the Area 2.1. The required land is divided into 5 plots with a total area of 1617.75 sq. m (presented in the map below), and all plots are held in House Pass allotted in 1991. Plot No. 1, 2 & 3, with a total area of 864 sq. m, are owned by Lalthanmawia s/o Thanga (L), Bawngkawn, Aizawl; while Plot No.4 & 5, with an area of 756.75 sq. m, are held in the name of Sangkhumi w/o Lalthanmawia, Bawngkawn, Aizawl. 2.2. The land required for acquisition is near Edenthar locality, and it is under the administrative jurisdiction of Chaltlang Local Council. It is connected by motorable road from the South – approach road from Hunthar (South West) and approach road from Edenthar (South East). It is bounded by EWS Housing approach road in the East and West, and other land already acquired for the same EWS project in the North. The study does not find any land boundary dispute and problem on any side of this proposed land. Further, no extra area was proposed to be acquired other than that required for construction of EWS Housing construction. 3 . Socio-economic Condition Profile of the Affected Families The 5 plots of lands required for acquisition are owned by two persons from the same family with 7 members, and Lalthanmawia h/o Sangkhumi is the head of the family. The family head is 75 years of age, and he is a retired government servant. The average monthly income of the family is approximately Rs.20000, and the family depends only on two income sources - pension (70%) and wage labour by family members (30%). As the area is located well outside the existing human settlements, there is no requirement for resettlement of any household. Consequently, no significant negative socio-economic impact is anticipated in connection with this land acquisition. 4 . Uses of Land This land was purchased by the current owner in 1985. Prior to the commencement of the construction work of the EWS housing project, it was used by the owner for rearing of milk cow by engaging labourers. The family also cultivated plantation crops like teak and mango. This household used to earn substantial income from the farming activities in this land prior to commencement of the EWS housing project. Further, the family was planning to start other business activties on this land prior to acquisition. It is thus clear that acquisition of this land caused them substantial income loss and their capacity to undertake business venture on this land, while the wage labourers they engaged for rearing- 4 - Ex-505/2017 of milk cow also lost their job. However, this study expected that such income and livelihood loss could be mitigated with appropriate determination of compensation package. At the same time, the benefit that the project would acrue to the poor households in the form of housing is tremendous and beyond quantifiable in monetary term. 5. Impacts on Public Properties 5.1. The project is not likely to damage existing public properties and infrastructures primarily because of its isolated location. However, this study wanted to raised certain issues. First, inadequate facility for solid waste management and disposal facility is likely to create serious issues and implications on the health of the people living in the surrounding areas. 5.2. Second, electric tower (KV Line) is located in the Northern corner of the land. Fencing of this tower is necessary to prevent children from entering into it so as to avoid accident in the future. Third, no proper drainage system has been found in the eastern side of the housing complex. Water and waste are simply dischaged towards the newly constructed EWS road. Though proper retaining wall is constructed to ensure the safety of the land from landslide, domestic waste water discharge in the open space is likely to create problems to this road and those who commute on it. Fourth, the existing approach roads to this EWS Housing Project are very poor, and the people residing in this complex are likely to face transportation problem in the future. Fifth, lack of proper mechanism, inbuilt in the Detailed Project Report (DPR), to ensure day to day operation and maintenances of these residential buildings is another area of concern. 6 . Perceptions of the People in the Surrounding Areas To study the sentiments of the people who are in the surrounding areas and who are indirectly affected by the project, the Local Councils (LCs) of Edenthar and Chaltlang were consulted on 21st April 2017 and 16th May 2017 respectively. The participants of the meetings were informed clearly about the purpose to which land acquisition was required and the benefit of the project for the poor people in the long run. The SIA Team could successfully come up with clear public consensus in support of the proposed land acquisition in all the affected localities. Further, the owner of the required land, Lalthanmawia s/o Thanga (L), Bawngkawn, was also consulted on 11th May 2017. He showed his consent for acquisition of his land subject to efficient determination of compensation amount. 7 . Overall Observation The proposed acquisition of land for EWS Housing Project will benefit the poor households, while no significant negative impact is anticipated on public properties and the socio-economic conditions of the people in the affected areas.- 5 -Ex-505/2017 Annex ure-I Checklist of Social Impact Assessment 1. Project Name & Location EWS Housing Project, Hawngtial Ram, Edenthar, Aizawl. 2. R efer enceNo.K.12011/14/2010-REV. Dated 26th July 2016 3. SIA Agency/ UnitSt at e I nst i t ut e of R ur al D ev el opment & Panchay at i R aj ( SI R D & PR ) 4. Requi r i ng D epar t mentU r ban D ev el opment & Pov er t y A l l ev i at i on (U D & PA ) , Govt . of M i zor am 5. N o. of Pl ot s & A r ea5 pl ot s wi t h a t ot al ar ea of 1617. 75 Sq. M . T he pr oposed ar ea i s ex act l y t he same as r equi r ed and i s at bar e mi ni mum ex t ent needed f or t he pr oj ect . 6. Pur pose of L andC onst r uct i on of H ouses f or Economi cal l y Weak er Sect i on ( EW S) , U r ban AcquisitionPoor, under PM AY scheme. 7. St ak ehol der s Consul t edL ocal Counci l s of Chal t l ang and Edent har, Rev enue D epar t ment , U D & PA D epar t ment , and L al t hanmaw i a ( l andow ner ) 8. No. of Families likely to be Nil displaced 9. A f f ect ed househol d andRear i ng of ani mal and pl ant at i on of t eak and f r ui t s by one househol d. pur pose t o w hi ch t he l and A s cl ai med by t he househol d, t hey used t o ear ned Rs. 5 l ak h f r om t hi s was put pr i or t o acqui si t i on l and per year. 10. D amage di r ect l y cause on Ni l the existing public assets 11. Sel ect i on of l ocat i onConst r uct i on of house w as al r eady st ar t ed and i s at i t s f i nal st age. So, i t i s not f easi bl e t o seek ot her pl ace, and besi des t hi s, t he pr oposed ar ea i s i n t he v i ci ni t y of ot her EW S housi ng compl ex T hus, t her e i s no ot her pl ace mor e appr opr i at e t han t he pr oposed l and. 12. Soci al ConsentVar i ous st ak ehol der s i n t he af f ect ed ar eas ( L Cs, l and ow ner, Gov t . Departments., etc) were consulted in the process of SIA Study. No i ndi v i dual or gr oup r ai sed v oi ce of opposi t i on t o t he pr oposal . T hus, t her e i s publ i c consensus i n suppor t of t he pr oposal . 13. K ey Ri sks( i ) i nadequat e i nf r ast r uct ur e f or w ast e di sposal , ( i i ) poor condi t i on of appr oach r oad, and ( i i i ) absence of pr oper f r amew or k f or oper at i on & mai nt enance of t hese r esi dent i al bui l di ngs. 14. Soci al B enef i t – CostWhile the anticipated benefit that will be accrued to the poor people in t he f ut ur e i s enor mous, t he l oss of l and by t he ow ner may be compensat ed appr opr i at el y by t he Gov er nment .- 6 - Ex-505/2017 Annexure - II NO OBJECTION CERTIFICATEUrban Development & Poverty Alleviation Department, Government of Mizoram chuan E.W.S hnuaiah Hawngtial Ram, Chaltlang, Aizawl-ah Housing Project siam a duh a, a ram lak tur zau zawng hi 1,620.75 Sq.M vel bawr ni tura chhutlawk a ni. The Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016 in a phut angin helai ram neitu leh a vel a cheng te khawsak dinhmun leh a nghawng dan (Social Impact Assessment) zirchian atangin thutlukna siam tur a ni a. He zirchianna hi kan Local Council huamchhu ngah State Instit ute of Rural Development & Pa chayati Raj (SIRD & RR) chu an S ocial Impact Assessment Unit a n nih angin, Socia l Impa ct Assessment Team rawn intir in uluk takin an hna an rawn thawk a, hrilhfiah ngai te min hrilhfiah hnuah, he ram lak tur hi rem kan ti e. ChairmanSecretary Local CouncilLocal Council C. Biakveli Chairman Chaltlang Local Council Aizawl : MizoramPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 7 -Ex-505/2017
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008PRELIMINARY NOTIFICATIONFOR LAND ACQUISITION IN AIZAWL DISTRICT FOR EWS HOUSING PROJECT,HAWNGTIAL RAM.No.K.12011/14/2010-REV, the 12th September, 2017.Whereas it appear s to the Government of Mizoram that a total 1617.75 sq.m of land is required in Hawngtial Ram (nea r Edenthar loca lity), under the administrative jurisdiction of Chaltlang Local Council in the Dis trict of Aizawl for public purpose, viz, cons truction of EWS Housing Project. Social Impact Assessment Study was carried out by State Institute of Rural Development &Panchayati Raj (S IRD & PR) and a report submit ted as per Section 4 of the Mizoram (Land Acquisit ion, Rehabilitation & Resettlement) Act, 2016 (copy of SIA Report appended at Annexure – II). 1 (one) family is likely to be affected due to the land acquisit ion. The reason necessitating such affect is given below :- “Construction of EWS Housing Project”.The Additional Deputy Commissioner (E), Aizawl District is appointed as Administra tor for the purpose of r ehabilitation a nd resettlement of the affected families, if any. Therefore, it is notified that for the above said project in the District of Aiza wl, land measuring 1617.75 sq.m is under a cquisition. This notification is made under the provisions of Section 11 (1) of the Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016, to all whom it may concern. A plan of t he land may be inspected in the office of t he District Collector and Settlement Officer of concerned District on any working day during wor king hours. Objections, if any, to the acquisition r egarding :- i)The area and suita bility of land proposed to be acquired. ii)Justification offered for public purpose. iii)The findings of the Social Impact Assessment Report. VOL - XLVI Aizawl, Friday 15.9.2017 Bhadrapada 24, S.E. 1939, Issue No. 505 - 2 - Ex-505/2017 may be filled by the person interested wit hin 60 (sixty) days fr om the date of publica tion of this notification as pr ovided under Section 15 of the Act before the District Collector, Aizawl Distr ict. R. Lalramnghaka, Secr etary to the Government of Mizoram, Land Revenue & Settlement Deptt. 1. Background 1.1. The process of land acquisition for Economically Weaker Section (EWS) Housing Project implemented by Urba n Development & Poverty Alleviation (UD&PA) Depa rtment a t Ha wngtial Ram, near Edenthar was initiated in the beginning of 2014. Spot verification was conducted jointly by Land Revenue & Settlement (LR&S) Department, UD&PA Department, and the owner of the land on 20th January 2014. Public Notifications were also issued subsequently in March and September 2014 (vide No.K.12011/14/2010-REV dated 3rd March & 25th September 2014). However, before the completion of the process of land acquisition for this project, the Government of Mizoram repealed Land Acquisition Act, 1894 and introduced the new Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016, hereinafter called MLARR Act. Consequently, the process of land acquisition has to be undertaken as per MLARR Act, 2016. 1.2. Even though the exercise of land acquisition was not completed, construction of 13 four-s tor ey r es ident ia l b uildings and commu nit y ha ll wa s initia t ed, a nd a ll a re nea r ing t heir comp let ion t oda y. While there is no question on the need for land acquisition in case of 8 residential buildings and community hall as it was already done according to Land Acquisition Act 1894, fresh land acquisition exercise is required for the remaining 5 residential buildings (presented below) due to the change in the Law before completion of the entire process. 1.3. Section 4 of the MLARR Act, 2016 requires the conduct of Social Impact Assessment (SIA) to assess whether the proposed acquisition serves public purpose, the extent of families affected, extent of damages likely to be caused by the project on public properties, whether the proposed land is absolute bare minimum extent needed, and whether there is alternative better than the existing land acquisition. The SIA has to be conducted transparently with active participations and consultation of various local stakeholders and affected families. The State Institute of Rural Development and Panchayati Raj (SIRD & PR), being the notified SIA unit under Government of Mizoram, conducted the exercise of assessment during April-May 2017 through consultation of local authorities, spot visit, and interview of various stakeholders.- 3 -Ex-505/2017 2. Brief Description of the Area 2.1. The required land is divided into 5 plots with a total area of 1617.75 sq. m (presented in the map below), and all plots are held in House Pass allotted in 1991. Plot No. 1, 2 & 3, with a total area of 864 sq. m, are owned by Lalthanmawia s/o Thanga (L), Bawngkawn, Aizawl; while Plot No.4 & 5, with an area of 756.75 sq. m, are held in the name of Sangkhumi w/o Lalthanmawia, Bawngkawn, Aizawl. 2.2. The land required for acquisition is near Edenthar locality, and it is under the administrative jurisdiction of Chaltlang Local Council. It is connected by motorable road from the South – approach road from Hunthar (South West) and approach road from Edenthar (South East). It is bounded by EWS Housing approach road in the East and West, and other land already acquired for the same EWS project in the North. The study does not find any land boundary dispute and problem on any side of this proposed land. Further, no extra area was proposed to be acquired other than that required for construction of EWS Housing construction. 3 . Socio-economic Condition Profile of the Affected Families The 5 plots of lands required for acquisition are owned by two persons from the same family with 7 members, and Lalthanmawia h/o Sangkhumi is the head of the family. The family head is 75 years of age, and he is a retired government servant. The average monthly income of the family is approximately Rs.20000, and the family depends only on two income sources - pension (70%) and wage labour by family members (30%). As the area is located well outside the existing human settlements, there is no requirement for resettlement of any household. Consequently, no significant negative socio-economic impact is anticipated in connection with this land acquisition. 4 . Uses of Land This land was purchased by the current owner in 1985. Prior to the commencement of the construction work of the EWS housing project, it was used by the owner for rearing of milk cow by engaging labourers. The family also cultivated plantation crops like teak and mango. This household used to earn substantial income from the farming activities in this land prior to commencement of the EWS housing project. Further, the family was planning to start other business activties on this land prior to acquisition. It is thus clear that acquisition of this land caused them substantial income loss and their capacity to undertake business venture on this land, while the wage labourers they engaged for rearing- 4 - Ex-505/2017 of milk cow also lost their job. However, this study expected that such income and livelihood loss could be mitigated with appropriate determination of compensation package. At the same time, the benefit that the project would acrue to the poor households in the form of housing is tremendous and beyond quantifiable in monetary term. 5. Impacts on Public Properties 5.1. The project is not likely to damage existing public properties and infrastructures primarily because of its isolated location. However, this study wanted to raised certain issues. First, inadequate facility for solid waste management and disposal facility is likely to create serious issues and implications on the health of the people living in the surrounding areas. 5.2. Second, electric tower (KV Line) is located in the Northern corner of the land. Fencing of this tower is necessary to prevent children from entering into it so as to avoid accident in the future. Third, no proper drainage system has been found in the eastern side of the housing complex. Water and waste are simply dischaged towards the newly constructed EWS road. Though proper retaining wall is constructed to ensure the safety of the land from landslide, domestic waste water discharge in the open space is likely to create problems to this road and those who commute on it. Fourth, the existing approach roads to this EWS Housing Project are very poor, and the people residing in this complex are likely to face transportation problem in the future. Fifth, lack of proper mechanism, inbuilt in the Detailed Project Report (DPR), to ensure day to day operation and maintenances of these residential buildings is another area of concern. 6 . Perceptions of the People in the Surrounding Areas To study the sentiments of the people who are in the surrounding areas and who are indirectly affected by the project, the Local Councils (LCs) of Edenthar and Chaltlang were consulted on 21st April 2017 and 16th May 2017 respectively. The participants of the meetings were informed clearly about the purpose to which land acquisition was required and the benefit of the project for the poor people in the long run. The SIA Team could successfully come up with clear public consensus in support of the proposed land acquisition in all the affected localities. Further, the owner of the required land, Lalthanmawia s/o Thanga (L), Bawngkawn, was also consulted on 11th May 2017. He showed his consent for acquisition of his land subject to efficient determination of compensation amount. 7 . Overall Observation The proposed acquisition of land for EWS Housing Project will benefit the poor households, while no significant negative impact is anticipated on public properties and the socio-economic conditions of the people in the affected areas.- 5 -Ex-505/2017 Annex ure-I Checklist of Social Impact Assessment 1. Project Name & Location EWS Housing Project, Hawngtial Ram, Edenthar, Aizawl. 2. R efer enceNo.K.12011/14/2010-REV. Dated 26th July 2016 3. SIA Agency/ UnitSt at e I nst i t ut e of R ur al D ev el opment & Panchay at i R aj ( SI R D & PR ) 4. Requi r i ng D epar t mentU r ban D ev el opment & Pov er t y A l l ev i at i on (U D & PA ) , Govt . of M i zor am 5. N o. of Pl ot s & A r ea5 pl ot s wi t h a t ot al ar ea of 1617. 75 Sq. M . T he pr oposed ar ea i s ex act l y t he same as r equi r ed and i s at bar e mi ni mum ex t ent needed f or t he pr oj ect . 6. Pur pose of L andC onst r uct i on of H ouses f or Economi cal l y Weak er Sect i on ( EW S) , U r ban AcquisitionPoor, under PM AY scheme. 7. St ak ehol der s Consul t edL ocal Counci l s of Chal t l ang and Edent har, Rev enue D epar t ment , U D & PA D epar t ment , and L al t hanmaw i a ( l andow ner ) 8. No. of Families likely to be Nil displaced 9. A f f ect ed househol d andRear i ng of ani mal and pl ant at i on of t eak and f r ui t s by one househol d. pur pose t o w hi ch t he l and A s cl ai med by t he househol d, t hey used t o ear ned Rs. 5 l ak h f r om t hi s was put pr i or t o acqui si t i on l and per year. 10. D amage di r ect l y cause on Ni l the existing public assets 11. Sel ect i on of l ocat i onConst r uct i on of house w as al r eady st ar t ed and i s at i t s f i nal st age. So, i t i s not f easi bl e t o seek ot her pl ace, and besi des t hi s, t he pr oposed ar ea i s i n t he v i ci ni t y of ot her EW S housi ng compl ex T hus, t her e i s no ot her pl ace mor e appr opr i at e t han t he pr oposed l and. 12. Soci al ConsentVar i ous st ak ehol der s i n t he af f ect ed ar eas ( L Cs, l and ow ner, Gov t . Departments., etc) were consulted in the process of SIA Study. No i ndi v i dual or gr oup r ai sed v oi ce of opposi t i on t o t he pr oposal . T hus, t her e i s publ i c consensus i n suppor t of t he pr oposal . 13. K ey Ri sks( i ) i nadequat e i nf r ast r uct ur e f or w ast e di sposal , ( i i ) poor condi t i on of appr oach r oad, and ( i i i ) absence of pr oper f r amew or k f or oper at i on & mai nt enance of t hese r esi dent i al bui l di ngs. 14. Soci al B enef i t – CostWhile the anticipated benefit that will be accrued to the poor people in t he f ut ur e i s enor mous, t he l oss of l and by t he ow ner may be compensat ed appr opr i at el y by t he Gov er nment .- 6 - Ex-505/2017 Annexure - II NO OBJECTION CERTIFICATEUrban Development & Poverty Alleviation Department, Government of Mizoram chuan E.W.S hnuaiah Hawngtial Ram, Chaltlang, Aizawl-ah Housing Project siam a duh a, a ram lak tur zau zawng hi 1,620.75 Sq.M vel bawr ni tura chhutlawk a ni. The Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016 in a phut angin helai ram neitu leh a vel a cheng te khawsak dinhmun leh a nghawng dan (Social Impact Assessment) zirchian atangin thutlukna siam tur a ni a. He zirchianna hi kan Local Council huamchhu ngah State Instit ute of Rural Development & Pa chayati Raj (SIRD & RR) chu an S ocial Impact Assessment Unit a n nih angin, Socia l Impa ct Assessment Team rawn intir in uluk takin an hna an rawn thawk a, hrilhfiah ngai te min hrilhfiah hnuah, he ram lak tur hi rem kan ti e. ChairmanSecretary Local CouncilLocal Council C. Biakveli Chairman Chaltlang Local Council Aizawl : MizoramPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 7 -Ex-505/2017Affidavit of Shri H. Kristiana S/o Chhunhranga (L), a permanent resident of Salem Veng, Aizawl, Mizoram
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008AFFIDAVITI, Shri H. Kristiana S/o Chhunhranga (L), a permanent resident of Salem Veng, Aizawl, Mizoram, do hereby solemnly affirm and declare as follows :- 1.That I am a bonafide citizen of India belonging to Schedule Tribe, Mizo by Community. 2.That I am working a s Peon under AH & Vety Department, Government of Mizoram. 3.That in my Service Book, my name is mistakenly written and recorded as Kristiana S/o Chhunhranga (L) instead of H. Kristiana S/o Chhunhranga (L). 4.That the purpose of this affidavit is to declare my correct name is H. Kristiana S/o Chhunhranga (L) and make necessary correction in my Service Book. 5.That the ma tters stated in paras No. 1 to 4 above are true to the best of my personal knowledge and belief. IN WITNESS WHEREOF I have hereunto subscribed my hand and put my signature on this the11th September, 2017. Sd/- DEPONENT Identified by:-Signed before me: Sd/-Sd/- Judy LalawmpuiiR. ThangkanglovaNotarial Registration AdvocateAdvocate & Notary PublicNo. 31/9 Aizawl : MizoramAizawl, MizoramDate 11/9/2017 VOL - XLVI Aizawl, Friday 15.9.2017 Bhadrapada 24, S.E. 1938, Issue No. 506Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008AFFIDAVITI, Shri H. Kristiana S/o Chhunhranga (L), a permanent resident of Salem Veng, Aizawl, Mizoram, do hereby solemnly affirm and declare as follows :- 1.That I am a bonafide citizen of India belonging to Schedule Tribe, Mizo by Community. 2.That I am working a s Peon under AH & Vety Department, Government of Mizoram. 3.That in my Service Book, my name is mistakenly written and recorded as Kristiana S/o Chhunhranga (L) instead of H. Kristiana S/o Chhunhranga (L). 4.That the purpose of this affidavit is to declare my correct name is H. Kristiana S/o Chhunhranga (L) and make necessary correction in my Service Book. 5.That the ma tters stated in paras No. 1 to 4 above are true to the best of my personal knowledge and belief. IN WITNESS WHEREOF I have hereunto subscribed my hand and put my signature on this the11th September, 2017. Sd/- DEPONENT Identified by:-Signed before me: Sd/-Sd/- Judy LalawmpuiiR. ThangkanglovaNotarial Registration AdvocateAdvocate & Notary PublicNo. 31/9 Aizawl : MizoramAizawl, MizoramDate 11/9/2017 VOL - XLVI Aizawl, Friday 15.9.2017 Bhadrapada 24, S.E. 1938, Issue No. 506Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Deed changing name of C/13401 Sangzuala of Serchhip DEF
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1939, Issue No. 511 O R D E RNo.E/RO-36/SP(S)/2017, the 11th September, 2017.In pursuance of the Govt. of Mizoram, DP&AR Office Memorandum No.A.47012/1/2016-P&AR(GSW) dt.17.1.2017, C/13401 Sangzuala of Serchhip DEF is hereby allowed to change his name from Harka Bahadur Dorjee to Sangzuala with immediate effect. All Service Book entries and other official dealings should henceforth be done as Sangzuala. Lalringdika MPS, Superintendent of Police, Serchhip District : Serchhip, Mizor am. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1939, Issue No. 511 O R D E RNo.E/RO-36/SP(S)/2017, the 11th September, 2017.In pursuance of the Govt. of Mizoram, DP&AR Office Memorandum No.A.47012/1/2016-P&AR(GSW) dt.17.1.2017, C/13401 Sangzuala of Serchhip DEF is hereby allowed to change his name from Harka Bahadur Dorjee to Sangzuala with immediate effect. All Service Book entries and other official dealings should henceforth be done as Sangzuala. Lalringdika MPS, Superintendent of Police, Serchhip District : Serchhip, Mizor am. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50Deed changing name of COROL V.L.M.S. DAWNGKIMI
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1939, Issue No. 512 NOTIFICATIONNo.A.20023/6/98-AC, the 24th August, 2017.The Governor of Mizoram is pleased to modify the name ofCOROL V.L. MALSAWMDAWNGKIMI, Joint Director, Art & Culture Department toCOROL V.L.M.S. DAWNGKIMI with immediate effect. Thanhliri Pachuau, Secretary to the Govt. of Mizoram, Art & Culture Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1939, Issue No. 512 NOTIFICATIONNo.A.20023/6/98-AC, the 24th August, 2017.The Governor of Mizoram is pleased to modify the name ofCOROL V.L. MALSAWMDAWNGKIMI, Joint Director, Art & Culture Department toCOROL V.L.M.S. DAWNGKIMI with immediate effect. Thanhliri Pachuau, Secretary to the Govt. of Mizoram, Art & Culture Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50The Mizoram Goods and Services Tax Rules, 2017, read with Section 168 of the Mizoram Goods and Services Act, 2017 (12 of 2017)
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1939, Issue No. 513 NOTIFICATIONNo.J.21011/1/2017-TAX/Vol-II/Pt-II, the 12th September, 2017.In exercise of the powers con- ferred by sub-rule (5) of Rule 61 of the Mizoram Goods and Services Tax Rules, 2017, read with Section 168 of the Mizoram Goods and Services Act, 2017 (12 of 2017), the Governor of Mizoram, on the recom- mendations of the Council, specifies that the return for the months as specified in column (2) of the Table below shall be furnished in FORM GSTR-38 electronically through the common portal before the dates as specified in the corresponding entry in column (3) of the said Table, namely :- Table Serial NumberMonthDate for filing of GSTR-38 (1)(2)(3) 1.July, 201720th August, 2017 2.August, 201720th September, 2017. 2.This notification shall come into force with effect from 8th day of August, 2017. Vanlal Chhuang a, Commr. & Secretary to the Govt. of Mizoram, Taxation Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1939, Issue No. 513 NOTIFICATIONNo.J.21011/1/2017-TAX/Vol-II/Pt-II, the 12th September, 2017.In exercise of the powers con- ferred by sub-rule (5) of Rule 61 of the Mizoram Goods and Services Tax Rules, 2017, read with Section 168 of the Mizoram Goods and Services Act, 2017 (12 of 2017), the Governor of Mizoram, on the recom- mendations of the Council, specifies that the return for the months as specified in column (2) of the Table below shall be furnished in FORM GSTR-38 electronically through the common portal before the dates as specified in the corresponding entry in column (3) of the said Table, namely :- Table Serial NumberMonthDate for filing of GSTR-38 (1)(2)(3) 1.July, 201720th August, 2017 2.August, 201720th September, 2017. 2.This notification shall come into force with effect from 8th day of August, 2017. Vanlal Chhuang a, Commr. & Secretary to the Govt. of Mizoram, Taxation Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50Mizoram Public Holiday for the Calendar year 2018
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. F. 23012/3/2014-GAD, the 11th September, 2017.The Governor of Mizoram is pleased to declare the following days as Public holidays for the Ca lendar year 2018. All Government Offices shall be closed on a ll Saturdays a nd Sundays. Sl. No.HolidayDateMizo MonthDay of the Week1.New Year’s Day01.01.2018Pawlkut T hlaMonday 2.New Year ’s Celebrat ion02.01.2018Pawlkut T hlaTuesday 3.Republic Day26.01.2018Pawlkut T hlaFriday 4.State Day20.02.2018Ramtuk ThlaTuesday 5.Chapchar Kut02.03.2018Vau ThlaFriday 6.Good Friday30.03.2018Vau ThlaFriday 7.Buddha Pur nima30.04.2018Tau ThlaMonday 8.Independence Day15.8.2018Thitin ThlaWednesday 9.Id-ul-Zuha(Bakrid)22.08.2018Thitin ThlaWednesday 10. Maha tma Gandhi’s Birthday 02.10.2018Khua ngchawi ThlaTuesday 11. Dussehra(Vijay Dashmi)19.10.2018Khua ngchawi ThlaFriday 12. Diwali(Deepavali)07.11.2018Sahmulphah ThlaWednesday 13. Christmas Eve24.12.2018Pawltlak T hlaMonday 14. Christmas Day25.12.2018Pawltlak T hlaTuesday 15. Christmas Festival26.12.2018Pawltlak T hlaWednesday 2.Further, the Governor of Mizoram is pleased to declar e the following days that fa lls on Saturda y as public holidays. Sl. No.HolidayDateMizo MonthDay of the Week1.Idul Fitr16.06.2018Nikir T hlaSaturday 2.Remna Ni30.06.2018Nikir T hlaSaturday 3.The Governor of Mizoram is further pleased to allow each employee to avail any 2(two) holidays to be chosen by him/her out of the list mentioned below. Permission to avail these holidays should be applied for in writing in a dvance and will normally be granted by the Superior Officer Competent to grant Ca sual Leave except when the pr esence of the individua l employee is considered necessa r y in exigencies of Government work.VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1939, Issue No. 507 - 2 - Ex-507/2017 Sl. No.HolidayDateMizo MonthDay of the Week1.Missionary Day11.01.2018Pawlkut T hlaThursday 2.Basa nt Panchami/S ri Panchami 22.01.2018Pawlkut T hlaMonday 3.Guru Ravida ’s Birthday31.01.2018Pawlkut T hlaWednesday 4.Swami Dayananda Saraswati Jayanti 10.02.2018Ramtuk ThlaSaturday 5.Maha Shivaratri14.02.2018Ramtuk ThlaWednesday 6.Shivaji Jayanti19.02.2018Ramtuk ThlaMonday 7.Holika Daha n/Dolyatra01.03.2018Vau ThlaThursday 8.Holi02.03.2018Vau ThlaFriday 9.Maha vir Jayanti29.3.2018Vau ThlaThursday 10. Easter Monday02.04.2018Tau ThlaMonday 11. Vaisakhi/Vishu/Mesadi14.04.2018Tau ThlaSaturday 12. Guru Rabindranath’s Bir thday09.05.2018Tomir ThlaWednesday 13. Y.M.A Day15.06.2018Nikir T hlaFriday 14. Jamat-Ul-Vida15.06.2018Nikir T hlaFriday 15. MHIP Day06.07.2018Vawkhniakzawn ThlaFriday 16. Rath Yatra14.07.2018Vawkhniakzawn ThlaSaturday 17. Parsi New Year’s Day/Nauraj17.08.2018Thitin ThlaFriday 18. Onam or Thiru Onam Day25.08.2018Thitin ThlaSaturday 19. Janmashtami03.09.2018Mimkut T hlaMonday 20. Vinaya ka Cha turthi/ Ganesh Cha turthi 13. 09 . 2018Mimkut T hlaThursday 21. Muharram21.09.2018Mimkut T hlaFriday 22. Dussehra(Maha Saptami)16.10.2018Khua ngchawi ThlaTuesday (Additional) 23. Dussehra(Maha Ashtami)17.10.2018Khua ngchawi ThlaWednesday (Additional) 24. Dussehra(M aha Navmi)18.10.2018Khua ngchawi ThlaThursday 25. Maharishi Valmiki’s Birthday24.10.2018Khua ngchawi ThlaWednesday 26. Ka raka Chaturthi (K arva Chouth)27.10.2018Khua ngchawi ThlaSaturday 27. Deepavali (S outh India/06.11.2018Sahmulphah ThlaTuesday Naraka Chaturdasi) 28. Gova rdhan Puja08.11.2018Sahmulphah ThlaThursday 29. Bhai Duj09.11.2018Sahmulphah ThlaFriday 30. Pratihar Sashthi or S urya13.11.2018Sahmulphah ThlaTuesday Sashthi(Chhat Puja) 31. Prophet Moha mmad’s Birth21.11.2018Sahmulphah ThlaWednesday Day (Id-E-Milad) 32. Guru Nanak’s Birthday23.11.2018Sahmulphah ThlaFriday 33. Guru Teg Bahadur ’s Martyrdom Day 24.11.2018Sahmulphah ThlaSaturday 4.In r espect of Medical establishments like Government Hospita ls OPD, Dispensaries, Sub-Center etc. the wor king da ys and working hours shall be regulated by appropria te notification issued by Health & Family Welfar e Depart ment. 5.In respect of Police, Home Gua rds, F ire service et c. they shall be governed by their respective manual or appropria te notification issued by Home Department. Lalmalsawma, Chief Secretary to the Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. F. 23012/3/2014-GAD, the 11th September, 2017.The Governor of Mizoram is pleased to declare the following days as Public holidays for the Ca lendar year 2018. All Government Offices shall be closed on a ll Saturdays a nd Sundays. Sl. No.HolidayDateMizo MonthDay of the Week1.New Year’s Day01.01.2018Pawlkut T hlaMonday 2.New Year ’s Celebrat ion02.01.2018Pawlkut T hlaTuesday 3.Republic Day26.01.2018Pawlkut T hlaFriday 4.State Day20.02.2018Ramtuk ThlaTuesday 5.Chapchar Kut02.03.2018Vau ThlaFriday 6.Good Friday30.03.2018Vau ThlaFriday 7.Buddha Pur nima30.04.2018Tau ThlaMonday 8.Independence Day15.8.2018Thitin ThlaWednesday 9.Id-ul-Zuha(Bakrid)22.08.2018Thitin ThlaWednesday 10. Maha tma Gandhi’s Birthday 02.10.2018Khua ngchawi ThlaTuesday 11. Dussehra(Vijay Dashmi)19.10.2018Khua ngchawi ThlaFriday 12. Diwali(Deepavali)07.11.2018Sahmulphah ThlaWednesday 13. Christmas Eve24.12.2018Pawltlak T hlaMonday 14. Christmas Day25.12.2018Pawltlak T hlaTuesday 15. Christmas Festival26.12.2018Pawltlak T hlaWednesday 2.Further, the Governor of Mizoram is pleased to declar e the following days that fa lls on Saturda y as public holidays. Sl. No.HolidayDateMizo MonthDay of the Week1.Idul Fitr16.06.2018Nikir T hlaSaturday 2.Remna Ni30.06.2018Nikir T hlaSaturday 3.The Governor of Mizoram is further pleased to allow each employee to avail any 2(two) holidays to be chosen by him/her out of the list mentioned below. Permission to avail these holidays should be applied for in writing in a dvance and will normally be granted by the Superior Officer Competent to grant Ca sual Leave except when the pr esence of the individua l employee is considered necessa r y in exigencies of Government work.VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1939, Issue No. 507 - 2 - Ex-507/2017 Sl. No.HolidayDateMizo MonthDay of the Week1.Missionary Day11.01.2018Pawlkut T hlaThursday 2.Basa nt Panchami/S ri Panchami 22.01.2018Pawlkut T hlaMonday 3.Guru Ravida ’s Birthday31.01.2018Pawlkut T hlaWednesday 4.Swami Dayananda Saraswati Jayanti 10.02.2018Ramtuk ThlaSaturday 5.Maha Shivaratri14.02.2018Ramtuk ThlaWednesday 6.Shivaji Jayanti19.02.2018Ramtuk ThlaMonday 7.Holika Daha n/Dolyatra01.03.2018Vau ThlaThursday 8.Holi02.03.2018Vau ThlaFriday 9.Maha vir Jayanti29.3.2018Vau ThlaThursday 10. Easter Monday02.04.2018Tau ThlaMonday 11. Vaisakhi/Vishu/Mesadi14.04.2018Tau ThlaSaturday 12. Guru Rabindranath’s Bir thday09.05.2018Tomir ThlaWednesday 13. Y.M.A Day15.06.2018Nikir T hlaFriday 14. Jamat-Ul-Vida15.06.2018Nikir T hlaFriday 15. MHIP Day06.07.2018Vawkhniakzawn ThlaFriday 16. Rath Yatra14.07.2018Vawkhniakzawn ThlaSaturday 17. Parsi New Year’s Day/Nauraj17.08.2018Thitin ThlaFriday 18. Onam or Thiru Onam Day25.08.2018Thitin ThlaSaturday 19. Janmashtami03.09.2018Mimkut T hlaMonday 20. Vinaya ka Cha turthi/ Ganesh Cha turthi 13. 09 . 2018Mimkut T hlaThursday 21. Muharram21.09.2018Mimkut T hlaFriday 22. Dussehra(Maha Saptami)16.10.2018Khua ngchawi ThlaTuesday (Additional) 23. Dussehra(Maha Ashtami)17.10.2018Khua ngchawi ThlaWednesday (Additional) 24. Dussehra(M aha Navmi)18.10.2018Khua ngchawi ThlaThursday 25. Maharishi Valmiki’s Birthday24.10.2018Khua ngchawi ThlaWednesday 26. Ka raka Chaturthi (K arva Chouth)27.10.2018Khua ngchawi ThlaSaturday 27. Deepavali (S outh India/06.11.2018Sahmulphah ThlaTuesday Naraka Chaturdasi) 28. Gova rdhan Puja08.11.2018Sahmulphah ThlaThursday 29. Bhai Duj09.11.2018Sahmulphah ThlaFriday 30. Pratihar Sashthi or S urya13.11.2018Sahmulphah ThlaTuesday Sashthi(Chhat Puja) 31. Prophet Moha mmad’s Birth21.11.2018Sahmulphah ThlaWednesday Day (Id-E-Milad) 32. Guru Nanak’s Birthday23.11.2018Sahmulphah ThlaFriday 33. Guru Teg Bahadur ’s Martyrdom Day 24.11.2018Sahmulphah ThlaSaturday 4.In r espect of Medical establishments like Government Hospita ls OPD, Dispensaries, Sub-Center etc. the wor king da ys and working hours shall be regulated by appropria te notification issued by Health & Family Welfar e Depart ment. 5.In respect of Police, Home Gua rds, F ire service et c. they shall be governed by their respective manual or appropria te notification issued by Home Department. Lalmalsawma, Chief Secretary to the Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50The Mizoram (Election to Sinlung Hills Development Council) Rules, 2017. The Rules will come into force from the date of publication in the Official Gazette.
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. H. 11011/1/2013-GAD/SHDC, the 18th September, 2017.In the interest of the general public, the Governor of Mizoram is pleased to make the following rules, namely “The Mizoram (Election to Sinlung Hills Development Council) Rules, 2017”. The Rules will come into force from the date of publication in the Official Gazette. Zothankhuma, Commissioner & Secretary to the Govt. of Mizoram, General Administr ation Department. VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1939, Issue No. 508 The Mizoram (Election to Sinlung Hills Development Council) Rules, 2017 CHAPTER - I PRELIMINARY 1. Short title, extent and commencement: (1) These rules may be called The Mizoram (Election to Sinlung Hills Development Council) Rules, 2017. (2) They shall come into force from the date of their publication in the Mizor am Gazette. 2 . Definitions: (1) In these rules, except wher e it is exp ressly provided other wise or the context ot her wise requir es-a ) “Ballot box” mea ns any box, ba g or other receptacle used for the insertion of ba llot papers by vot ers; b ) “Constituency” means a Sinlung Hills Development C ouncil constituency; c ) “Contesting candida te” means a ca ndidate whose nomination has been duly accepted under rule 43 and who has not withdrawn his candidature; d ) “Corrupt pr actices” means the corrupt practice as defined in section 123 of the Repr esentation of t he People Act, 1951 (4 3 of 1951) in so far a s they are relevant to the system of Sinlung Hills Development Council election under these rules; e ) “Dis trict Election Officer” means the District Election Officer appointed or designated under rule 5; f) “District” means an administrative distr ict; g ) “Election Tribunal” means an election tribunal constituted under rule 86 and 87; h ) “Election” means an election to fill vacancy or va cancies in a Sinlung Hills Development Council; i) “Elector” means a person whose name is for the time being entered in the electoral roll; j) “Electoral Registration Officer” means the Officer a ppoint ed or designated as such under rule 6 in connection with preparation and revision of electoral rolls; k ) “Electoral Roll” mea ns a list of persons whose na mes a re registered a nd who a re entitled to vote in an election under these rules; l) “For m” means a for m appended to t hese ru les; m ) “Governor” means the Governor of Mizoram a ppointed by the President of India under article 155 of the Constitution; n ) “Polling Officer” means and officer appointed to assist the Presiding Officer to conduct election in a polling station; o ) “Presiding Officer” means an Officer a ppointed under rule 11 to conduct election in a polling station under these rules; p ) “Qualifying Date” mea ns the first da y of Ja nuary of the year in which the Electoral Roll is prepa red ; q ) “Qua lifying Period” means the year which immediately precedes the year in which the Electora l Roll is prepa red; r) “Returning Officer” means an Officer appointed or designated as such under rule 8 who shall be responsible for the proper conduct of elect ion in one or more constituencies and he may be assisted by Assistant Returning Officer; s) “Roll” means Electoral Roll; t) “rules” means The Mizoram (Sinlung Hills Development Council) Rules, 2017 as amended from time to time. u ) “State Election Commission” means the State Election Commission, Mizor am cons tituted by the State Government of Mizoram. v) “State Government” means the Government of Mizora m. CHAPTER - II STATE ELECTION COMMISSION AND APPOINTMENT OF OFFICERS 3 . State Election Commission: (1) The State Election Commission duly constituted by the State Government of Mizoram, consisting of a State Election Commissioner appointed by the Governor under article 243K of the Constitution of India read with sub-section (1) of section 345 of the Mizoram Municipalities Act, 2007 shall be vested with the superintendence, dir ection and control of the preparation of the electoral rolls for and the conduct of all elect ions to the Sinlung Hills Development Council under these r ules. (2) The State Election Commission shall co-ordinate and supervise the works of all District Election Officers in the State in t he discharge of their functions and duties under t hese rules. 4. Observers: (1) The State Election Commission may appoint a Roll Observer who shall b e an officer of the Centra l or St ate Government or P ubic Undertakings to review, supervise and monitor the preparation, or revision of electoral roll and to perform such other functions as may be entrusted to him by the State Election Commission;- 2 - Ex-508/2017 (2) The State Election Commission may also a ppoint an Election Observer(s ), who shall b e an officer of the Central or State Government or Public Undertakings to watch the conduct of election or elections in a Constituency or a gr oup of Constit uencies and to perform such other function as may be entrusted to him by the State Election Commission. The Election Observer(s) so appointed or nominated shall r eport to the S tate Election Commission and function under the direction and control of the State Election Commission. 5 . District Election Officer : (1) For each administra tive District to which these r ules extend, the State Election Commission shall appoint the concerned Deputy Commissioner as District Election Officer for the preparation of Electora l Rolls and the conduct of elections under t hese rules. (2) The State Election Commission ma y appoint Election Officer of the District Election Officer ’s office or such other Officer of t he State Gover nment a s may be necessary as Assista nt District Election Officer to assist the District Election Officer and perform such duties under his direction. (3) The District Election Officer shall also perform such other functions a nd duties as ma y be directed by the Sta te Election Commission from time to t ime. 6 . Electoral Registration Officer: (1) For each Administra tive District to which these r ules extend, the State Election Commission shall appoint or designate any officer of the State Government as Electoral Registration Officer to perform all necessary functions for the preparation and revision of elect oral rolls for all Sinlung Hills Development Council constituencies in the Distr ict. (2) The State Election Commission may designate one or mor e officers as Assistant Elect oral Registration Officer to assist the Electoral Registration Officer and perfor m duties under his direction. (3) The Elector al Registration Officer shall also perform such other functions as may be directed by the State Election Commission. (4) An Electoral Registration Officer may, subject to any pr escribed restrictions, employ such persons as he thinks fit for the prepara tion and revision of the electoral r oll for the constituency. 7 . One Officer ma y be appointed or designa ted as both Distr ict Election Officer a nd Electoral Registration Officer: Nothing in these r ules shall prevent the State Election Commission from appointing or designating one and same Officer to be both the District Election Officer and the Electoral Registration Officer for the sa me distr ict. 8 . Returning Officer and Assistant Returning Officer: (1) For every election to fill a seat or seats of a Sinlung Hills Development Council in any constituency, the State Election Commission shall appoint Sub- Divisional Officer (C), Sakawrda i to be the Returning Officer to conduct the election in the constituency. (2) The State Election Commission shall appoint any officer of the State Government to be Assistant Returning Officer to assist the Returning Officer in the conduct of elect ion in that constituency. (3) Every Assistant Returning Officer shall, subject to t he cont rol of the Returning Officer, be competent t o perfor m all or any of the functions of the Returning Officer. 9 . Returning Officer to include Assistant Returning Officers performing the functions of t he R et u rning Offic er :Allr efer ences in thes e r ules t o t he R et ur ning Officer s ha ll, u nles s the context otherwise requires, be deemed to include an Assistant Returning Officer performing any function which he is authorized to perform under Rule 8.- 3 -Ex-508/2017 1 0 . General duty of the Returning Officer : It shall be the general duty of the Returning Officer at any election to do all such acts and things as may be necessar y for effectually conducting the election in the manner provided by these rules or orders made thereunder. 11. Pr esiding Officer and Polling Officers for Polling Station: (1) The District Election Officer shall, in consulta tion with the Sta te Election Commission, appoint a Pr esiding Officer for each Polling Sta tion and such Polling Officers as may be required from amongst the employees of the Sta te Government to conduct the election in the manner provided by t hese ru les or or der s made t her e under. (2) If the Presiding Officer, owing to illness or ot her una voidable cause, is unable to perform his functions, the Polling Officer whose na me stands at s erial number one of the list of Polling Officers, shall perform the functions of the Presiding Officer, and the third Polling Officer shall be a ppointed by the Presiding Officer in-charge, from any reliable Government servant. (3) References in these rules to the Presiding Officer shall, be deemed to include the Polling Officer, who perfor ms the functions of t he Presiding Officer under sub-rule (2) of these rules. 1 2 . Duties of Presiding Officer: The Presiding Officer shall - (1) maintain order at t he Polling Station; (2) ensu re that the poll is taken fa irly and strictly in accorda nce with the provisions of t hese rules; (3) regulate the number of voters to be admitted at a ny one time inside the Polling Station and exclude there from all other pers ons except- (a ) the Polling Officer s and other sta ff engaged on polling duty; (b) the Candidates, Election Agents and the Polling Agents; (c ) Public Servants including Police personnel on duty; (d) a child-in-arm accompanying a voter; ( e) a companion of illiterate or blind or infirm elector; (f) observers appointed by the State Election Commission; (g) persons authorized by the State Election Commission such as media persons. 13 . Duties of Polling Officers and other Staff: (1) It shall be the duty of the Polling Officers a t a Polling Sta tion to issue Ballot Papers to electors according to the pr ovisions of rule 57 and to mar k on the left forefinger of t he electors to whom ballot papers are issued, and to assist the Presiding Officer as may be required by him. (2) For the purpose of sub-rule (1), the Polling Officers shall be pr ovided with- (a) a sufficient number of Ballot Papers; (b) the Electora l Roll of the constituency; (c) a stamp pad as may be required for taking thumb impression of illiterate elector under sub-rule (2) of rule 57 and; (d) other articles or forms which may be required. (3) The other staff appointed, if any, in a Polling Station shall perform such functions a nd duties as may be assigned to them by the Presiding Officer. 14. Functions of the Returning Officer and the Presiding Officer: (1) The Returning Officer shall funct ion under the control and supervision of the District Election Officer and shall perform such functions and duties a s may be directed by the Sta te Election Commission or the District Election Officer. (2) The Presiding Officer shall funct ion under the control and supervision of the Returning Officer and shall perform such functions and duties as may be directed by the District Election Officer or t he Retur ning Officer, as the case may be.- 4 - Ex-508/2017 15. Observer, District Election Officer, Electoral Registration Officer, Returning Officer etc deemed to be on deputation to the State Election Commission: The O bs er ver, Dis tr ic t Election Officer, Electoral Registration Officer, Returning Officer etc referr ed to in Chapter - II, and any other officers or sta ff employed in connection with the preparation, revision and cor rection of electoral rolls for, and t he conduct of, all elections shall be deemed to be on deputation t o the State Election Commission for the period during which they ar e so employed and such officers and staff shall, during that period, be subject to t he cont rol, superintendence and discipline of the State Election Commission. CHAPTER – III ELECTORAL ROLL 16. Electoral Roll for every Constituency and adoption of electoral roll of the Assembly Constit uency: (1) For every Sinlung Hills Development Council Constituency, there shall be prepared an electoral roll in accordance with the provisions of these rules. (2) Notwithstanding anything contained in these rules, the State Election Commission may prepare the elector al rolls of Sinlung Hills Development Council without conducting an enumeration by adopting the last published electoral rolls of the Assembly Constituencies prepared for the purpose of election t o the State Legislative Assembly under the provisions of the Representation of the People Act, 1950 (Act 43 of 1950) as draft roll or mother roll. (3) The elector al roll of Assembly Constituency as a dopted under sub-rule (2) shall be divided into separate parts for each Sinlung Hills Development Council Constituency and all electors included in the elect oral roll for the Assembly Constituency relating thereto shall be incorporated in the electoral roll of the Sinlung Hills Development Council Constituency concerned. 17. Preparation and Revision of Electoral Roll: (1) Notwithstanding anything contained in rule 16, the roll shall be revised either intensively or summarily or partly intensively and partly summa rily as the Sta te Election Commission may direct. (2) The Elector al Roll for every constituency shall be pr epared with reference to the qualifying date before each general election or mid-term or by-election to the Sinlung Hills Development Council. The Electoral Roll so prepared and published in accorda nce with the provisions of these rules may be referr ed to as the mother roll of the constituency. (3) The Elector al Rolls under these r ules need not be revised annually or summar ily as a matter of cour se. However, if in the opinion of the State Election Commission there is sufficient reason to do so, it may, by a notification, order that the Elector al Roll or rolls of particular constituency or constituencies shall be revised summa rily at any time of the year other than the year before or during which the Election to Sinlung Hills Development Council was conducted. (4) For the purpose of sub-rule (3), r e-election of a dissolved Sinlung Hills Development Council to rest ore the Sinlung Hills Development Council for rema ining period of the general term, or by- election to fill casual vacancy in a Sinlung Hills Development Council at a ny time, shall not normally be counted as a sufficient reason for ordering summar y revision. (5) Summa ry revision under sub-rule (3) sha ll be done in such a way that the Electoral Registr ation Officer sha ll, by r eference to the mother roll, invite claims a nd objections and dispose them of in the manners as provided under these r ules, and shall publis h a lis t of amendments containing additions or deletions or both showing the yea r of such revision, a nd shall append the lists to the mother roll. The mother roll together with such lists of additions or deletions or both appended to it, shall become the Electoral Roll of the constituency.- 5 -Ex-508/2017 18 . Disqualifications for registration in an Electora l Roll: (1) A person shall be disqualified for registration in an Electoral Roll if he (a ) is not a Citizen of India ; or (b) is not a member of a Scheduled Tribe or (c ) is not a permanent resident of the area or is of unsound mind standing so declared by a competent cour t; or (d) is for the time being disqualified from voting under the provisions of any law relating to corr upt pra ctices a nd other offences in connection with elections. (2) The name of any person who becomes so disqualified after having been registered in an Electoral R oll shall forthwith be struck off from the Electora l Roll in which it is registered. (3) Notwithsta nding anything contained in clause (b) of sub-rule (1), permanently resident Gorkhas and their direct descendants as notified by the State Government, who are not otherwise disqualified, shall be entitled to be registered in an Electoral Roll. 1 9 . No person to be r egistered in more tha n one constituency: No person shall be entit led to be registered in the Electora l Roll for more than one cons tituency at a time. 2 0 . No person t o be r egistered more than once in a ny constituency: No person shall be entitled to be registered in the Electoral Roll for any constituency mor e than once. 21. Conditions of Registration: (1) Subject to the provisions of for egoing r ules in this chapter, every person who- (a ) is not less than eighteen years of age on the qualifying date, and (b) is a permanent res ident of the area shall be entitled to be r egistered in the Elect oral Roll for that Constituency. (2) For the purpose of clause (b) of sub-rule (1), the expression“Ordinarily Resident” shall have the same meaning as assigned to it by section 20 of The Representation of the People Act, 1950 (43 of 1950). 2 2 . Making false declaration:If a ny person makes any false decla ration in connection with:- (a ) the prepara tion, r evision or cor rection of an elector al roll, or (b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writ ing which is fa lse and which he either knows or believes to be fa lse or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 23. Order of Names: (1) The name of Elector in each roll shall be arranged so far as pra cticable according to house number of the mother roll. (2) The names of electors in each part of the roll shall be numbered, so far as practicable, cons ecutively with a sepa rate series of numbers beginning with the number one. 24 . Electoral Roll not be divided in parts: (1) The Elector al Roll of a Sinlung Hills Development Council constituency shall not be divided in parts but shall be numbered consecutively beginning fr om the number one. (2) Wher e there are different localit ies in a constituency, the Electora l Registration Officer may direct to enter the names of the elector s in the locality wise by dividing into sections. T his, however, shall not be compulsory but shall be left at the free discretion of the Electoral Registr ation Officer. In any case, the serial numbers of the electors shall be cons ecutive a ll t hrough.- 6 - Ex-508/2017 25 . Access to certain registers: For the purpose of preparing elector al roll or deciding a ny claim or objection to electoral roll, the Elector al Registration Officer and a ny person employed by him for the purpose sha ll have access to any Register of births a nd deaths and to the admission register of any educational institution, a nd it shall be the dut y of every person in charge of any such register to give to the said officer or person such information and such extract s from the said register as he may requir e. 26 . Publication of Electoral Roll in draft: As soon as the Electoral Roll for a constituency is ready, the Elector al Registration Officer shall publish it in draft, by making a copy thereof available for inspection a nd displaying a notice inForm 1- (a ) at his Office, and (b) at such place in the constituency a s may be specified by him for the purpose. 2 7 . Fur ther publicity t o the dr aft roll and not ice:The Elector al Registration Officer shall also- (a ) make a copy of each draft r oll with a copy of the notice inForm 1 available for inspection at a specified place accessible to the public and in or near the constituency to which the draft roll relates; (b) give such further publicity to the notice inForm 1 as he may consider necessary; and (c ) supply free of cost two copies of each draft r oll to every P olitica l Party recognised by the Election Commission of India. 2 8 . Period for lodging claims and objections: Every claim for the inclusion of a na me in the roll and ever y object ion to an entry therein shall be lodged within a period of seven da ys from the date of publication of the roll in draft under rule 26: Provided that the State Election Commission may by a notification extend the period not exceeding seven days in respect of a distr ict as a whole or in r espect of any constituency. 29 . Form for cla ims and objections: (1) Every claim shall be inForm 2and signed by the person desiring his name to be included in the roll. (2) Every objection to the inclusion of a name in the roll shall be inForm 3and preferr ed only by a person whose name is alr eady included in the roll in which the name objected to appears. (3) Every objection to a particular or particu lars in an entr y in the roll s hall be inForm 4 and preferred only by the per son to whom that entry relates. 30 . Ma nner of lodging cla ims and object ions: Every claim and objection shall- (a ) either be presented to the Electoral Registration Officer or to any person employed by him in this behalf who sha ll forward it with such remarks as he considers proper to the Electoral Registration Officer; or (b) be sent by p ost to the Electoral Registration Officer. 3 1 . Disposa l of claims and objections: T he Elect oral Registration Officer shall- (a ) ensure that all cla ims and objections received after dra ft publication within the prescribed time period are duly disposed of in accordance with law and directions or instructions of the State Election Commission; (b) reject any claim or objection that is not lodged within the period or in the Form and ma nner specified under rule 30; (c ) hold a summa ry enquiry into every claim or objection in respect of which a notice has been given and shall record his decis ion thereon. At the hearing, claimant, or a s the case may be,- 7 -Ex-508/2017 objector and the person objected to and a ny other person, who, in his opinion, is likely to be of assistance to him, shall be entitled to appear and to be heard; (d) record not only his decision in each case but also brief reasons for the decision; ( e) dispose of all the claims and objections within thirty days from the last date of the period for lodging such claims and objections under rule 28; (f) communicate his decision to every applicant within 24 hours from the date of order made by him to enable the applica nts whose applications are rejected to file their appeals within the stipulated period of fifteen days. 32 . Final publication of electoral roll: (1) The Electoral Registration Officer shall thereafter- (a ) prepare a list of a mendments to carry out his decisions under rule 31 and to correct any clerical or printing errors or other inaccuracies subsequently discovered in the r oll; (b) publish the roll, together with the list of amendments by making a complete copy thereof available for inspection and displaying a notice inForm 5at his office; and (c ) subject to such genera l or special dir ections as may be given by the State Election Commission, supply free of cost, two copies of the roll, as finally published, with the list of amendments, if any, to every political party for which a symbol has been exclusively reserved by the Election Commission of India. (2) On such publication, the r oll together with the list of amendments if a ny, sha ll be t he elect oral roll of the constituency. (3) Where the roll, together with the list of amendments, becomes the electoral roll for a constituency under sub-r ule (2) the Electoral Registra tion Officer may, for the convenience of all concerned, integrate, subject to any general or special directions issued by the State Election Commission in this behalf, the list in to the basic roll by incor porating inclu sion of names, amendments, deletion of entries in the relevant par ts of t he basic roll itself, so however that no change shall be made in the process of s uch int egration in the name of any elector or in any particulars relating to any elector, a s given in the list of amendments. 33. Appeals from orders deciding claims and objections: (1) An appeal shall lie in the decision of the Electoral Registration Officer under rule 31 to such officer of Government as the State Election Commission may designate in this behalf (hereinafter referred to as the Appella te Offic er): Provided tha t an appeal shall not lie where the person desiring to appeal has not ava iled himself of his right to be heard by, or to make representations to t he Electoral R egistra tion Officer on the matter which is the subject of appeal. (2) Every appeal under sub-rule (1) shall be- (a ) in the form of a memorandum signed by the appellant and a ccompanied by a copy of the order appealed against and a fee of Rs.10 (Rupees ten) to be paid- (i) by means of non-ju dicial stamps, or (ii) in such other manner as may be directed by the Sta te Election Commission, and (b) presented to the Appellate Officer within a period of seven days from the date of announcement of the decision of the Elect oral Registration Officer or sent to that officer by r egistered post so as to reach him within t hat period. (3) The present ation of an appeal under this rule shall not have the effect of staying or postponing any action to be ta ken by the Electoral Registration Officer under rule 32. (4) Every decision of t he Appellate Officer shall be final; but in s o far a s it reverses or modifies a decision of the Electoral Registration Officer, shall take effect only fr om the date of the decision in appeal.- 8 - Ex-508/2017 (5) The Elector al Registration Officer shall cause such a mendments to be made in the roll as may be necessar y to give effect to the decisions of the appellate officer under this Rule. 34 . Br each of officia l duty in connection with the prepar ation etc, of elector al rolls: (1) If any Electoral Registration Officer, Asst. Electoral Registration Officer or other person required by or under this rule to perform a ny official dut y in connection with the prepa ration, revision or corr ection of an electoral roll or inclusion or exclusion of any entry in or from such elect oral roll is, without reasonable cause, guilty of any act or commission in breach of such official duty, he shall be punisha ble with fine which may extend to five hundred rupees; (2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid unless there is a complaint made by an order of, or under the authority from the State Election Commission or the District Election Officer concerned. CHAPTER IV NUMBER OF VACANCIES, ELECTION NOTICE, NOMINATIONS, SCRUTINY AND SYMBOLS 35 . Publication of Constit uency numbers and vacancies: Immediately after the publication of fina l electoral rolls under rule 3 2 or 33, the S tate Election Commission, in consulta tion with the S tate Government, shall publish a list of Sinlung Hills Development Council Constituency for which election is to be held, and give each village a distinctive village number and showing number of vacancies to be filled in each by such election. 36 . Notifica tion for Genera l Election to Sinlung Hills Development Council: (1) A general election to Sinlung Hills Development Council shall be held on or before the expiry of t he duration of the exis ting Sinlung Hills Development Council or on their dissolution, if any, and the Sta te Election Commission shall call upon every cons tituency to elect members of the Sinlung Hills Development C ouncil in accor dance with these rules within such time as ma y be specified in such notification. (2) For the pur pose of holding elections to fill or dinary or casual vaca ncies, the Sta te Election Commission shall by a notification in the Officia l Gazette, appoint– (a ) the last da te for making nominations which sha ll be t he seventh day after the date of publication of the first mentioned notification or, if that is a public holida y, the next succeeding day which is not a public holiday; (b) the date for the scrutiny of nominations which s hall be the day immediately following the last date for making nominations or, if t hat day is a public holiday, the next succeeding day which is not a public holiday; (c ) the last da te for the withdrawal of candidature, which shall be the second da y after the date for the scrutiny of nominations or, if tha t day is a public holiday, the next succeeding day which is not a public holiday; (d) the date of poll shall, if necessary, be a date not ear lier than the twenty first da y after the last date for the withdra wal of candidatures; and ( e) the date before which the election process shall be completed. (3) (a ) Wher e genera l election is to be held otherwise on the dissolution of the existing Sinlung Hills Development Council, no such notification shall be issued earlier than 6 months prior to the date on which the duration of the Sinlung Hills Development Council would expire. (b) When a Sinlung Hills Development Council is dissolved, election to constitute the Sinlung Hills Development Council for the remaining period of the fixed tenure, shall be completed before the expiry of 6 months fr om the date of its dissolution:- 9 -Ex-508/2017 Provided that where the period for which such dissolved Sinlung Hills Development Council would have continued is less than six months, it shall not be necessary to hold any election to constitute the Sinlung Hills Development Council for the remaining period. 37. Timeline for issue of notification: (1) The period b etween announcement of schedule of elections to the Sinlung Hills Development Council by the State Election Commission and issue of notification for the elections to the Sinlung Hills Development Council by the State Election Commission shall not exceed five days. (2) The notification for election to Sinlung Hills Development Council shall be issued on a date, giving time not less than seven days ahead of the date appoint ed for the last date of filing of nomina tions. (3) The date or dates of poll shall be fixed, leaving at least twenty one days between the date fixed for withdra wal of candidature and actual date of poll, for pr eparation of ba llot boxes, ba llot papers and other election materials. 3 8 . Public notice of intended election and time of nominations: On the issue of a notification by the State Election Commission under rule 36, the Retur ning Officer shall, inForm 6, give public notice of the intended election inviting nominations of candidates for such election and specifying the place at which the nomina tion pa pers ar e to be delivered. 39 . Qualifications of candidates: Every person who is of the age of 25or a bove whose name is registered in the elector al roll of the Sinlung Hills Development Council concerned under rule 17 of these rules and who is not disqualified, by any other Acts in force or these rules, to be a member of Sinlung Hills Development Council shall be qualified to be a candidate for elect ion. 40 . Filing of nomination: Any person who is qualified to be a candida te under rule 3 9may offer himself as a candidate and file his own nomination duly countersigned by an witness , who is an elector of the constituency, inFor m 7and deliver it in person or by his representative at the appointed place and within the appointed date under Rule 36 and 38, between the hours of eleven O’clock in the forenoon and three O’clock in the afternoon: Provided that no nomination paper shall be delivered to the Returning Officer on a day which is a public holiday. 41. Security deposit, refund or forfeiture: (1) A ca ndidate shall deposit a security deposit ofrupees one thousa ndalong with his nomina tion paper which shall be refunded to him at once in the case of his withdrawing the candidature, or as early as possible after the conclusion of the election unless he forfeits t he deposit. (2) The Returning Officer sha ll issue to the candidate a r eceipt inForm 8which shall be t aken back from him in the case of refund of t he deposit. (3) The securit y deposit of a candida te shall be for feited to the State Government if at an election to fill one vacancy the ca ndidate is not elected and the number of va lid votes polled by him is less than one-sixth of the total number of valid votes polled by all candida tes; 42 . Scrutiny of nominations: (1) On the date appoint ed for the scr utiny of nomina tions under rule 36 a nd 38, the candidates and one person duly authorized in writ ing by each candidate, but no other person, may attend at such place a nd time as the Returning Officer may appoint for such scrutiny. The Retur ning Officer shall give them a ll reasonable facilities for examining the nomina tion pa pers of all candidates which ha ve been delivered in time.- 10 - Ex-508/2017 (2) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds: (a ) that the candidate is either not qualified or disqualified for being elected as a member of Sinlung Hills Development Council under the provisions of any Act or of these Rules; or (b) that there has been a failure to comply with the provisions of rule 40 or Rule 41 ; or (c ) that the signature of the candidate/thumb impression on the nomination paper is not genuine: Provided that the nomination of a candidate sha ll not be rejected merely on the gr ound of a ny incor rect description of his name or of any other particulars relating to the candidate as entered in t he electoral r oll, if the identity of the ca ndidate, as the case may be, is otherwise established beyond reasonable doubt. (3) The Returning Officer shall endorse on each nomination paper, his decision, accepting or rejecting the same and, if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection. The scrutiny shall be completed on the date appointed in this behalf and no adjournment of the proceedings shall be allowed except where such proceedings are interrupted or obstructed by riot or open violence or for causes beyond the control of the Returning Officer: Provided tha t in ca se an objection is made, the candidate concerned ma y be allowed time to rebut the same not later than the next day and the Returning Officer shall record his decision on the date to which the proceedings ar e adjour ned. (4) Immediately after all the nomina tion pa pers ha ve been scrutinized and decisions a ccepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of validly nominated candidates, tha t is to say, candidates whose nominations have been found valid, and affix it to his notice boar d.Form 9 “List of validly nominated candidates” shall be arra nged under thr ee ca tegories- (a ) Candidates of recognized nationa l parties and state political parties: (b) Candidates of registered P olitical Parties other than those recognised Nationa l and State Political Par ties. (c ) Other (Independent) candidates. 43. Withdrawal of candidature: (1) Any candidate may withdraw his candidatur e by a written notice inForm 10 and subscribed by him and deliver ed befor e three O’clock in the afternoon on the la st date fixed under clause (c) of sub-rule (2) of rule 36for such withdrawal, to the Returning Officer either by such candidate or any person authorized by him in writing in that behalf. T he Returning Officer shall normally accept such withdrawal and refund the security deposit to the withdrawing candidate. (2) No person who has given a notice of withdrawal of candidature under sub-rule(1) shall be allowed to cancel the notice. 44. Election without contest: If, after the scrutiny of nominations or expiry of the period within which candidatures may be withdrawn, the number of valid candidates is equal to the number of vaca ncy to be filled, the Returning Officer shall forthwith declare the validly nominated candidate elected without cont est. 45. Allotment of symbols and publication of list of contesting candidates: (1) In every contested election under these rules, a symbol sha ll be a llotted to all contesting candidates.- 11 -Ex-508/2017 (2) If, immediately aft er the expiry of the period within which candidatur es may be withdrawn under sub-rule (1) of rule 43, the number of validly nominated candidates is more than the number of vacancies to be filled for a Sinlung Hills Development Council, the Returning Officer shall forthwith consider the allotment of symbols to those contesting candidates who have not withdrawn their ca ndidatures. (3 ) For the pur pose of these rules,symbolsare either “reserved” or “free” as shown in Table-I and Table-II respectively in the Appendix. A reserved symbol is a symbol which is reserved for recognized political party for exclusive allotment to a contesting candidate or candidates set up by that party. A free symbol is a symbol other than a reserved symbol. (4) For the purposes of these rules, a recognized political party means a political party as may be recognized by the Election Commission of India as a National Party or a State Party of Mizoram as on the da te of notifica tion under rule 36. (5) Subject to the provisions of sub-rule(3), a candidate set up by a recognized political party shall be a llotted the symbol res erved for tha t par ty a nd no ot her symbol. (6) Subject to the provisions of sub-rule (3), a ca ndidate set up by a r egistered but unrecognized political party sha ll be given a preference of choosing any symbol out of the symbols specified as “Free symbols”. (7) Any candida te other than a candidate of a recognized or a registered but unr ecognized polit ical party shall choose and be allotted one of the symbols specified as “free symbols”. If the choices come into conflict, the Returning Officer shall a llot” s ymbols in conformity, as far as possible, with the wishes of the ca ndidate and, if necessary, b y draw of lot and his decision shall be final. (8) Each candidate or his election agent sha ll forthwith b e infor med of the symbol allotted to the candidate and shall be given a specimen thereof. (9) A ca ndidate shall be deemed to be set up by a recognized political party if- (a ) the candidate has made a declaration to that effect in his nomination pa per; (b) a notice in writing inF or m 11 to that effect has, not later than 3:00 p.m. on the last date of withdrawal of candidatures, been delivered to the Returning Officer; and ( c ) the said notice is signed by t he Pa rty President of t he recognized political par ty. (10) A ca ndidate shall be deemed to be set up by a r egistered but unrecognized political party if – (a ) the candidate has made a declaration to that effect in his nomination pa per, (b) a notice in writing inF or m 11to t hat effect has, not later than 3:00 p. m. on t he last date of withdrawal of candidatures, been delivered to the Returning Officer, ( c ) the said notice is signed by the President of the registered but unrecognized political party, and ( d ) a copy of the letter registering the said political party by the Election Commission of India is enclos ed. (11) The Returning Officer shall then prepare a list inForm 12 of all contesting candidates with their distinctive symbols and display it on the wall of Polling Station and also in two or more cons picuous places in the constituency. (12) The list sha ll cont ain the names of contesting ca ndidates as prescribed in their nomina tion papers in a lphabetical or der and in the same order as specified below:- (a ) candidates of recognized political parties; (b) candidates of registered political parties with a reser ved symbol; (c ) candidates of registered political parties without a reserved symbol; (d) independent candidates. 4 6 . Death of ca ndidate:If a candida te who has been duly nominated under these r ules died after the date fixed for scrutiny of nomina tions and seven days before commencement of poll, the Retur ning Officer shall, on confirmation of the fact of such death, report the fact to the State Election Commission. The State Election Commission sha ll direct the Returning Officer to call upon the sponsoring Political Party to make fresh nomination.- 12 - Ex-508/2017 CHAPT ER V CONDUCT OF ELECTION 47 . Polling Station: (1) One or more Polling Station shall be set up for each constituency depending upon the number of electors in the Electora l Roll of the constituency. At each Polling Station, there shall be set up one or more voting compartments in which electors can cast their votes free from observation. (2) The District Election Officer shall provide at each polling station- (a ) a ba llot box or boxes as may be necessary with r eference to the number of electors assigned to it; (b) marked copies of the Electoral Roll of the constituency; (c) ballot papers; (d) materials for making voting compartments; (e) arrow cross mark rubber stamp to mark ballot papers; (f) distinguishing mark rubber stamp; (g) seal of Presiding Officer; (h) indelible ink; (i) statutory a nd non-statutory forms, other papers and stationery. (j) register of voters. (3) Outside each Polling Station, there shall be displayed prominently- (a ) A copy of the list of contesting candidates and their distinctive symbols inForm 12. (b) A notice specifying the polling area; and (c ) A notice showing the hou rs of p oll. 48. Appointment of Election Agent, Polling Agents and Counting Agents: (1 ) Election Agent: (a ) A ca ndidate at an election may appoint one person other than himself to be his Election Agent and when any such a ppointment is made, notice of the a ppointment sha ll be given inForm 13 to the Retur ning Officer. (b) Any person, who is, for the time being disqualified under these rules for being a member of a Sinlung Hills Development Council, shall be disqualified for being an Election Agent at a ny election. (c ) The notice for appointment of an Election Agent s hall be inForm 13and such notice with 2 copies shall be for warded to the Returning Officer and subject to the conditions of clause (a) & (b), the Returning Officer shall return one copy thereof to the Election Agent after affixing thereon his seal and signature. (d) An Election Agent may perform such functions in connection with the election as are authorized by or under these rules to be perfor med by an Election Agent. ( e) Any revocation of t he appointment of an Election Agent inForm 14, shall be signed by the candida te, and shall operate from the date on which it is lodged with the Retur ning Offic er. (2 ) Polling Agent: (a ) The number of Polling Agents that may be appointed by a Contesting Candidate or his Election Agent, sha ll, in respect of each Polling Station, be one agent and a r elief agent. (b) Every such appointment of Polling Agent shall be made inForm 15and the Polling Agent shall deliver it to the Presiding Officer. (c ) No P olling Agent shall be admitted to the Polling Station unless he has delivered to the Presiding Officer the order of his appointment under sub-rule(2)(b) after duly completing and signing before the Presiding Officer the declaration contained therein.- 13 -Ex-508/2017 (d) Any revocation of the appointment of a Polling Agent inForm 16 sha ll be signed by the Candidate or his Election Agent and sha ll operate from the date on which it is lodged with the Pr esiding Officer, and in the event of such a revoca tion or of the death of a Polling Agent befor e the close of the poll, the Candidate or his Election Agent may appoint another Polling Agents as provided under clause (b) a t any time before the poll is closed. (3 ) Counting Agent: (a ) A Contesting Candidate or his Election Agent may appoint one or mor e persons, but not exceeding such number as may be pr escribed by the State Election Commission, to be present as his Counting Agent or Agents at the counting of votes, and when any such appointment is made notice of the appointment inForm 17shall be given, to the Retur ning Officer. (b) Any revocation of the appointment of a Counting Agent shall b e signed by the Candidate or his Election Agent inForm 18and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such revocation or of the death of a Counting Agent before the commencement of the counting of votes, the Candidate or his Election Agent may appoint another Counting Agent as per clause (a) of sub-rule (3) of r ule 48 at any time before the counting of votes is commenced. (4 ) Functions of Polling Agents and Counting Agent: (a ) A Polling Agent may perform such functions in connection with the poll as are authorised by or under these r ules, to be per formed by a Polling Agent; (b) A Counting Agent ma y perfor m such functions in connection with the counting of votes as a re authorised by or under these rules to be performed by a Counting Agent; ( 5 ) Attendance of a Contesting C andida te or his Election Agent a t Polling St ations, and performa nce by him of the functions of a polling agent or cou nting agent: (a ) At every election where a poll is taken, each Contesting Candidate at such election and his Election Agent shall have a right to be present at a ny polling sta tion provided under rule 47for the ta king of the poll. (b) A Contesting Candidate or his Election Agent ma y himself do a ny act or thing which any Polling Agent or the Counting Agent of such Contesting Candidate, if appointed, would have been a uthorised by or under these rules to do, or may assist any Polling Agent or the counting agent of such Contesting Ca ndidate in doing any such act or thing. ( 6 ) Non-attendance of polling or counting agent:Where any act or thing is required or authorised by or under these rules to be done in the pr esence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appoint ed for the pur pose shall not, if the a ct or thing is otherwise duly done, invalidate the act or thing done. 49 . Fixing the time of Poll:The State Election Commission shall fix the hours dur ing which the poll will be taken and t he hour s so fixed shall be published by notification in the Official Gazette: Provided that the total period allotted on any one day for polling shall not be less than eight hours in between7:00 A.M to 5:00 P.M. 50. Method of Voting: (1) At every election where a poll is taken under these rules, votes shall be given by ba llot and no votes shall be received by pr oxy. (2) Save as otherwise provided, all electors voting at an election shall exercise their franchis e in person at the Polling Station provided under rule 47. - 14 - Ex-508/2017 51 . Ballot Box: (1) There shall be a single ballot box for all contesting ca ndidates at each polling station. A ba llot box shall be made of strong materials such as p lastic, wood, iron and shall be constructed in such a way that ballot papers can be inserted therein but cannot be withdrawn there-from without the box being unlocked. T he Ballot Box shall be duly approved by Sta te Election Commission. (2) Every ballot box u sed at a Polling Station shall bear label outside and marked with the number & na me of the Constituency, and the seria l number of the Polling Station if more than one Polling Station are set up for one Sinlung Hills Development Council C onstituency. (3) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the contesting candidates, polling agents and other persons who are present that the ballot box is empty and bears the labels referred to in sub-rule (2). (4) The ballot box shall then be clos ed, sealed and secured and pla ced in full view of the Presiding Officer and the Polling Agents. 52. Ballot Papers: (1) Every ballot paper shall be inForm 19with a counterfoil portion and sha ll provided a space for signatur e or thumb impr ession of elector just a bove t he wor ds“Signature or Thumb Impression” on the right hand side. (2) On each ba llot paper the names of all contesting candidates shall be printed with their respective symbols in the order in which their names a re publis hed under sub-rule (12) of rule 45 inForm 12. (3) The ballot papers shall be serially numbered and shall be stamped on their reverse by such distinguishing marks, so that the determination of a ballot paper as the original part of a counterfoil can be determined or in such a manner as the State Election Commission may direct from time to t ime. 53 . Pr ocedur e for voting by a voter on election duty: (1) A voter on election duty, who wishes to vote, shall, at least five days befor e the date of poll, appr oach the District Election Officer concerned and make an application inForm 20for the issuance of the ballot paper in order to enable him to cast his vote as may be prescr ibed by the State Election Commission. (2) The District Election Officer shall, on being satisfied as to the identity of such voter on production of the letter of appointment in connection with t he elect ion- (a ) have the person’s name ma rked in the electora l roll; and (b) issue to such voter a ballot paper and permit him to vote on the sp ot with instrument provided for the purpose. (3) After recor ding his vote, such voter sha ll make over the ballot paper to the District Election Officer in a sealed cover for onward dispatch to the Returning Officer concerned. (4) The District Election Officer shall keep the counterfoil of such ballot paper in a separate sealed cover and keep the cover containing the ballot paper in his sa fe custody. 54 . Challenging of identity: (1) Any Polling agent may challenge the identity of a person claiming to be a pa rticular elector by first depositinga sum of rupees hundr ed in ca shwhich is not refundable with the Presiding Officer for each such challenge. (2) In t he case of challenge ma de under sub-rule (1) t he Presiding Officer shall— (a ) warn the person cha llenged of the penalty for impersonation; (b) read the relevant entry in the electoral roll in full and ask him whether he is the person refer red to in that entry;- 15 -Ex-508/2017 (c ) enter his name and address in the list of cha llenged votes inForm 21; a nd (d) require him to affix his signatur e in the said list. (3) The Presiding Officer sha ll thereafter hold a summary inquir y into the cha llenge and may for that purpose,- (a ) requ ir e the challenger to a dduce evidence in proof of the challenge and the person challenged to adduce evidence in pr oof of his identity; (b) put to the person challenged any questions necessary for the purpose of establishing his identity and requir e him to answer them on oath; and (c ) administer an oath to the person challenged and any other person offering to give evidence. (4) If, after the inquiry, the Presiding Officer cons iders that the challenge has not been established he shall allow the person challenged to vote; a nd if he considers that the challenge has been esta blished, he shall debar the person cha llenged from voting. 55. Safeguards against impersonation: (1) Every elect or about whose identity the Presiding Officer or the Polling Officer, as the case may be, is satisfied with, shall allow his left forefinger to be inspected by the Presiding Officer or Polling Officer and indelible ink mar k to be put on it. (2) If a ny elect or refuses to allow his left forefinger to be inspected or marked, in accordance with sub-rule (1) or already has such a mark on his left forefinger or does any act with a view to removing the ink ma rk, he shall not be su pplied with any ballot paper or allowed to vote. (3) Any reference in this rule to the left forefinger of a n elect or shall, in the case where the elector has his left forefinger missing, be constr ued as a refer ence to any other finger of his left hand, and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or a ny other finger of his right hand, and sha ll, in the case where all his fingers of both the ha nds are missing, be construed as a r eference to such extremity of his left or right arm as he possesses. 56.Identification of electors: (1) As each elect or enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf sha ll check the elector ’s name and other particulars with t he relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elect or. (2) Every elector shall produce identity card issued to him under t he provisions of the Registra tion of E lectors Rules, 1960 ma de under the Represent ation of the People Act, 1950 or any such documents as may be specified, by order, by the State Election Commission before the Presiding Officer or the Polling Officer a uthorized by him in this behalf, in order to esta blish his identity at the polling station. (3) In deciding the right of a person to ca st his vote, the Presiding Officer or the P olling Officer, as the case ma y be, shall over look the clerical or print ing err ors in an entry in the electoral roll if he is satisfied tha t such person is identical wit h the elector to whom such entry relates. 57. Issue of ballot papers: (1) Before any ballot paper is delivered to a n elect or, the Presiding Officer sha ll sign his name in full on the back of the ba llot pa per. (2) At the time of issuing a ballot paper to the elector, the signature or thumb impression of the elector shall be taken on the counterfoil of the ballot paper. No ballot paper shall be delivered to the elector unless he puts his signature or thumb impression on the counterfoil of the ballot paper. Before permitting an elector to vote, the Polling Officer shall record the Electoral Roll number of the elect or as entered in the marked copy of the Electoral Roll in a register of Voters inForm 32.- 16 - Ex-508/2017 (3) After the elector put his signature or thumb impression as at sub-rule (2), the Polling Officer shall recor d on the counterfoil, the serial nu mber of the elector a s at the electoral roll and then deliver the ballot paper to the elector. (4) The Polling Officer in-charge of the ma rked copy of the elect oral roll shall mark the name of the elector in the marked copy by underlining the entry, and if elector is a female, put a tick mark also on the left hand side of the name of the elector. (5) No person in the polling station shall be allowed to note down the serial number of b allot paper issued to a particular elector. (6) Each elector shall be given only one ballot paper for each election. Every elector to whom a ballot paper has been issued shall maint ain secrecy of voting and for that purpose observe the voting procedure her einafter laid down. 58. Voting pr ocedure: (1) On r eceiving the ballot paper, the elector shall- (a ) forthwith proceed to the voting compartment and there, with the aid of the instruments supplied for the purpose, mark t he ballot paper on or near the symbol of the Candidate for whom he intends to vote; and (b) fold the ballot paper first vertically and then horizontally so as to conceal his vote and put it into the ballot box kept for the purpose. (2) Every elector shall vote without a ny undue delay and sha ll quit the Polling Station a s soon a s he has voted. (3) No elector shall be allowed to enter a voting compartment when another elector is inside it. (4) If an elector to whom a ballot paper has been issued, refuses aft er warning given by the Presiding Officer to observe the procedur e laid down in sub-rule (1), the ballot paper issued to him shall, whether he has recorded his vote therein or not, be taken back from him by the Presiding Officer or Polling Officer under the direction of the Presiding Officer. (5) After the ballot paper has been t aken ba ck, the Presiding Officer shall record on its back the words “Cancelled-Voting procedure violated” and put his signature below these words. (6) All the ballot papers on which the words “ Cancelled-Voting procedure violated” are recorded shall be kept in t he cover for unused ballot pa pers, a nd shall in no way be counted as votes. 59 . Mar king of ballot paper in excess or deficit: (1) If a ny elect or gives votes on ballot paper in favour of more candidates than the vacancy or vaca ncies for filling which the election is held, then at the counting of votes, his vote shall be inva lid and reject ed as void. (2) If a ny elector gives on t he ballot paper in fa vour of less candidates than the vacancies for filling which the multiple election is held, his vote shall be valid and counted at the counting of votes. 60 . Recording of votes of illiterate or blind or infir m electors: (1) If the Presiding Officer is satisfied that owing to old age or blindness or other physica l infir mity or illiteracy, an elector is unable to recognize the names of the contesting candidates and their symbols on the ballot paper or to make a mark thereon, the Pr esiding Officer shall permit the elector to take with him a companion of not less than eighteen year s of a ge to the voting compartment for recording t he vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary, for folding the ballot paper so as to conceal the vote and inserting it into the ballot box: Provided tha t no person sha ll be permitted to act as the companion of more than one elector at a ny Polling Station on the same day;- 17 -Ex-508/2017 Provided fur ther that befor e any person is permitted to act as the companion of an elec tor under this rule, the person sha ll be required to decla re inForm 23 tha t he will keep secr et the vote recorded by him on behalf of the elector and that he has not already acted as the companion of a ny other elector at any Polling Station on that day. (2) The Presiding Officer shall keep a record inForm 23 of all such cases under this Rule. 61. Spoilt and returned ballot papers: (1) An elector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as ballot paper may on returning it to the Pr esiding Officer or Polling Officer and on satisfying him of t he inadvertence, be given another ballot paper and the ballot paper so retur ned sha ll be mar ked“Spoilt – cancelled” by Presiding Officer. (2) If a n elect or after obtaining a ballot paper desires not to us e it he shall return it to the Presiding Officer or P olling Officer a n d t he b a llot p a p er s o r efu s ed s ha ll b e ma r ked “Refused – cancelled” by the Presiding Officer. (3) All ballot papers cancelled under sub-rule (1) or (2) shall be kept in the cover for unused ballot papers. 62. Adjournment of poll in emergencies: (1) If a t an election the proceedings at any polling station are interrupted or obstructed by any riot or open violence, or if at an election, it is not possible to take the poll at any polling station or such place on account of any natur al calamity, or any other sufficient cause, t he Presiding Officer for such polling station or the Returning Officer presiding over such place, as the case may be, sha ll announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a Presiding Officer, he shall forthwith inform the District Election Officer and the Returning Officer concerned. (2) Whenever a poll is adjourned under sub-rule (1), the Retur ning Officer shall immediately report the circumstances to the a ppropriate authority and the State Election Commission, and shall, as soon as may be, with the previous approval of the Sta te Election Commission, appoint the day on which the poll shall recommence, and fix the polling station or place at which and the hours during which the poll will be taken and shall not count the votes cast at such election until such adjourned poll shall have been completed. (3) In every such case as afor esaid; the Returning Officer shall notify in such manner a s the S tate Election Commission may dir ect the date, place and hours of polling fixed under sub-rule ( 2). 63 . Fr esh poll in the case of dest ruction etc. of ballot boxes: (1) If at any election- (a ) any ballot box used at Polling Sta tion is unlawfully taken out of the cu stody of the Presiding Officer or is accidentally or intentionally destroyed or lost, or is damaged or tampered with to such an extent that the result of the poll at that Poling Sta tion ca nnot be ascertained; or (b) any such error or irregula rity in procedure, as is likely to vitiate the poll, is committed at a Polling Station, the Presiding Officer shall forthwith report the matter to the Retur ning Officer and the District Election Officer. (2) Ther e-upon the Dis trict Election Officer shall, after taking all material circumstances into account, and in consultation with the State Election Commission, either- (a ) declare the poll at that P olling S tation to be void; appoint a day and fix the hours, for taking a fresh poll at tha t Polling Station, and notify the day so appointed a nd the hours so fixed in such ma nner as he may deem fit; or- 18 - Ex-508/2017 (b) issue such directions to the Returning Officer as it may deem proper for the further conduct and completion of the election, provided the Commission is satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of t he election or that the error or irr egularity in procedur e is not material. (3) The provisions of these Rules shall apply to every such fresh poll as they apply to the original poll. 64. Tendered votes: (1) If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted a s such elector, he shall on sa tisfactorily answering such questions r elating to his identit y as the Presiding Officer may ask, be entit led, subject to the following pr ovisions of this Rule, to mar k a ballot paper (hereinafter in these rules referred to as a‘Tendered Ballot Paper ’) in the same manner as a ny other elector. (2) Every such person sha ll, before being supplied with tendered ballot paper, sign his name against the entry relating to him in a list inForm 24. (3) A tendered ballot paper shall be the same as the other ballot papers u sed at the Polling Sta tion except that it shall be- a)serially the last in the bundle of ballot papers issued for use at the Polling Station; and b)endorsed on the ba ck with the words, “Tendered Ballot Paper” by the Presiding Officer in his own hand a nd signed by him. (4) The elector, after marking a tendered ballot p aper in the voting compartment and folding it, shall instead of putting it into ballot box, give it to the Pr esiding Officer, who shall place it in a cover specially kept for the purpose: Provided tha t if there is reasonable ground for believing that t he person, by applying for tendered ba llot pa per, ha s committed the offence of p ersonating, the Presiding Officer shall immediately direct the Police to arrest him. (5) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet. 65 . Sealing of ballot boxes after poll: (1) Immediately after the closing of the poll, the P residing Officer shall close the ballot box, and seal up the box and also a llow any polling agent present to affix his seal. (2) The ballot box shall thereafter be sealed and secured. (3) Wher e it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first box shall be closed, sealed and secured as provided in sub-rule (1) and (2) before another ballot box is put into use. 66. Ballot paper account of Presiding Officer : The Presiding Officer shall at the close of the poll prepare a ballot paper account inForm 25and enclose it in a separ ate cover with the words “Ba llot paper account of Pr esiding Officer” superscribed thereon showing the number & name of the Sinlung Hills Development Council constituency and the date of election on the cover. 67. Sealing of other packets: (1) The Presiding Officer shall then make int o separ ate packets- (a ) the marked copy of the electoral r oll; (b) the unused ballot paper; (c ) the cancelled ballot pap ers; (d) the cover containing the tendered ballot papers and Form 24. ( e) declaration of companion of illiterate or blind or infirm elector inForm 22 with the record inForm 23; a nd (f) any other p apers directed by District Election Officer to be kept in a sealed packet.- 19 -Ex-508/2017 (2) Each such p acket shall be sealed with the seals of the Presiding Officer and of those polling agents who may desire to affix their seals thereon. CHAPTER VI COUNTING OF VOTES AND SEALING OF ELECTION PAPERS 6 8 . Appointment of pla ce a nd time for counting of votes: The State Election Commission shall appoint the time and place for counting of votes. Counting of votes shall be taken up as soon as possible after the close of the poll and the Returning Officer shall infor m the candidates or their Election agents. T he Retur ning Officer may appoint any reliable government servant or servants available as may be necessa ry to assist him in the counting of votes. 69 . Admission to the place of cou nting of votes, etc.: (1) The Returning Officer shall exclude from the pla ce fixed for counting of votes all person except- (a ) such person to be known as counting supervisors and counting a ssistants as he may appoint to a ssist him in the counting; (b) the candidate/election agent and his counting agents duly authorized in writing by ca ndidate; (c ) persons authorized by the State Election Commission, if any; and (d) public servants on duty in connection with the elect ion. (2) Any person who during the counting of votes misconducts himself or fa ils to obey the directions of t he Retur ning Officer may be removed from the place by any Police Officer on duty or by any other person authorized in this behalf by the Returning Officer. (3) The Returning Officer shall, befor e the commencement of the cou nting, briefly explain the counting pr ocedure to all those a llowed admission in t he counting place under sub-r ule (1) and caution them as to the maintenance of secr ecy, the violation of which shall be an elect oral offence underrule 91. 7 0 . Scrutiny and opening of ba llot boxes: The Returning Officer shall satisfy himself that the ballot box is intact, and also allow the Ca ndidates or Election Agents or Counting Agents present to inspect the seals on the ballot box to satisfy themselves that it is intact, and thereafter open the ballot box. 71. Scrutiny and rejection of ballot papers: (1) The ballot papers taken out of the ballot box shall be arranged in 100 ballot papers bundles and scrutinized. (2) The Returning Officer shall reject any ballot paper in whole only if- (a) it is a spurious ballot paper; or (b) it bears any mark or writ ing by which the elector can be identified; or (c ) no vote is r ecorded thereon; or (d) votes are r ecorded on it in favour of more candidates than the vacancy to be filled; or ( e) it is so dama ged or mutila ted tha t it s identit y as a genu ine ballot pa per cannot be esta blished; or (f) it bears a serial number, or a design different from the serial number or design of the ballot papers authorized for use at the particular polling station; or (g) it does not bear the mark which it would have borne under the provisions of sub-rule (2) of rule 51;- 20 - Ex-508/2017 Provided that where the Returning Officer is satisfied that any such defect as is mentioned in clause (f) or clause (g) has been caused by any mist ake or failure on the part of a Presiding Officer or P olling Officer, the ballot paper shall not be r ejected merely on the ground of s uch defec t. (3) Before rejecting a ny ballot paper under sub-rule (3), the Returning Officer shall allow each candidate pr esent a reasonable opportunit y to inspect the ballot paper but sha ll not allow him to handle it or any other ballot paper. (4) The Returning Officer sha ll record on every ballot paper which he rejects the letter‘R’ and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber sta mp. (5) All ballot papers r ejected under this rule shall be bundled together. 7 2 . Rejection of pa rticular vote recorded on a ballot paper: The Returning Officer shall reject a particular vote as invalid vote if the mark indicating the vote on a ballot paper is placed in su ch a manner so as to make it doubtful to which candida te the vote has been given; Provided that a vote shall not be rejected as invalid merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is mar ked. 73 . Counting of votes: (1) Each valid vote recorded on ballot paper which is not rejected, shall be counted as one valid vote: Provided tha t no cover containing tendered ballot papers shall be opened and no such paper shall be counted. (2) The Returning Officer shall count all va lid votes in all valid ballot papers and also the total number of va lid vot es polled for each candidate. Round-wise counting sheet, cou nting ta ble- wise results tabula tion sheet and round-wise tabulation sheet shall be inForm 26, 27and28 respectively. (3) The candidate or his counting agent shall be allowed full view of the counting process and sufficient proximity so as to ena ble him to discern the votes cast on each ba llot paper and also on the record of votes for tabulation. Under no circumstances shall physica l conta ct with the ballot paper be allowed. 74. Re-count of votes: (1) After the completion of the counting of votes under rule 73, the Returning Officer shall record in t he r esult sheet inForm 29 the total number of votes recor ded in favour of each candidate and read out the particulars. (2) Thereafter , a ca ndidate or, in his absence his election agent may apply in writing to the Returning Officer to recount the ballot papers either wholly or in part stating the grounds on which he demands such re-count. (3) On such an applica tion being made the Returning Officer shall decide the matter and may allow the application in whole or in part or may reject it, in toto if it appears to him to be frivolous or unreasonable. (4) Every decision of t he Retu rning Officer under sub-rule (3) shall be in writing and shall contain the reasons thereof. (5) If t he Retu rning Officer decides under sub-rule (3) to allow a n application either wholly or in part, he shall,- (a ) re-count the ballot papers in accor dance withRules 71, 72and73; (b) amend the r esult sheet inForm 29 to the ext ent necessary after such re-count; and (c ) announce the particulars of amendments so made by him. (6) After the total nu mber of votes polled by each candida te has been read out under sub-rule (5), the Returning Officer shall complete and sign the result sheet in Form 29and no application for a re-cou nt sha ll be ent ertained ther eafter;- 21 -Ex-508/2017 Provided tha t no st ep under this sub-rule shall be taken on the completion of the counting of votes until the candidates and elect ion agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-r ule (3) ofrule 74. 75. Declaration of result of election: On completion of procedures u nder r ule 74 the Returning Officer shall for thwith, subject to the provisions ofrule 73declare as elected the ca ndidate who obtains the largest number of valid votes. 7 6 . Equality of votes: If, after the counting of the votes is completed, an equality of votes is found to exist between any candida tes and the addition of one vote will lead to any of those candidates being declared elected, the Returning Officer shall forthwith decide between those candidates by draw of lot. 77 . Publication of election results: (1) The R eturning Offic er sha ll prepar e the election r esults inForm 29and send the resu lts to the State Election Commission a nd also to the District Election Officer. (2) The Returning Officer shall also displa y the election result in Form 29, in the Notice Boar d of the constituency. (3) On r eceipt of all the resu lts from the District Election Officer or the Returning Officer, the State Elect ion Commission shall publish the election results in the Official Gazette. 78 . Grant of certificate of election to returned candidate: The Returning Officer shall grant to each returned candidate a C ertifica te of Election inForm 30. 79. Ballot Paper account of Returning Officer: (1) The Returning Officer sha ll prepare a ballot paper a ccount inForm 31 which shall consist of- (a) total number of ballot papers found in the ballot box or boxes; (b) total number of rejected ballot papers under sub-rule (3) of Rule 71; (c) total number of valid ballot papers i.e. ballot papers which are not rejected; (d) tota l number of invalid votes on all valid ballot papers; (2) The Retur ning Officer shall enclose the ballot paper account in a separate cover with the words “Ballot paper account of Returning Officer” subscr ibed thereon a nd showing the name of the Sinlu ng Hills Development Council and the date of counting of votes, and submit the cover to the Distr ict Election Officer along with the elect ion result. 80. Packet of election papers and sealing: (1) The Returning Officer shall make a packet of election pa pers consisting of- (a ) a bundle of all valid ballot papers; (b) a bundle of rejected ballot papers under sub-rule (3) of rule 71; (c) a copy of ballot paper account of Returning Officer under sub-rule (1) of rule 79; and (d) a copy of election result under rule 77. (2) The packet s hall be sealed with the seal of Returning Officer a nd of those candidates who may desire to affix their seals thereon. (3) The Returning Officer shall submit to the District Election Officer (a ) the packet under this r ule; (b) the cover containing the ballot paper a ccount of Presiding Officer under rule 66; and (c) all other packets under rule 67. 81 . Safe keeping of the packet containing election papers: While in the custody of the District Election Officer, the packets and cover under sub-rule (3) of rule 80, shall not be inspected by, or produced before, any person or authority except under order of an Election Tribunal appointed under rule 86.- 22 - Ex-508/2017 82.Custody of ballot boxes a nd papers relating to election: (1) All ballot boxes used at an election shall be kept in such custody as the State Election Commission may direct. (2) The District Election Officer shall keep in safe custody - (a ) the packets of unused ballot papers with counterfoils attached thereto; (b) the packets of used ballot papers whether valid, tendered or rejected; (c ) the packets of cou nterfoil of used ballot papers ; (d) the packets of mar ked cop y of the electoral r oll; ( e) the packets of the declar ation by elect ors: (f) all other pa per relating to election and t hey sha ll not be opened except under the order of a competent authority. 8 3 . Disposal of Election Papers: Subject to any dir ection given by the State Election Commission or by a competent court or Tribunal – (a ) the packets of unused ballot papers shall be reta ined for a period of six months and shall thereafter be destr oyed in such ma nner as the State Elect ion commission may direct ; (b) the other packets referred to in sub-rule (2) of rule 82 sha ll be r etained for a period of one year and shall thereafter be destroyed; Provided that packets containing the counter foil of used ballot paper shall not be destroyed except with the approval of the State Election Commission; (c ) all other pa pers relating to the election shall be retained for such period as the State Election Commission may dir ect. CHAPT ER VII DISPUTES REGARDING ELECTION 84. Election petition: (1) An election petition challenging the validity of election of any returned ca ndidate may be presented by a contesting candidate of such election on one or more grounds specified in rule 88. (2) No election petition shall be presented on a mere ground – (a ) that the name of any person qualified to vote has been omitted from the electoral roll; or (b) that the name of any person not qualified to vote has been included in the electoral r oll. (3) A petitioner shall join as respondents to his petition any contesting candida tes. (4) A petitioner may in addition to challenging the validit y of any returned candidate, make fur ther claim that himself shall be declared duly elected. (5) An election petition shall- (a) contain a concise statement of the material facts on which the petitioner relies; (b) set forth with sufficient particulars the ground or grounds on which the validity of an election is challenged; (c ) in the case of sub-rule (4), set forth the ground or grounds on which he claims himself to be decla red as elected; and (d) be companied by a deposit ofRupees five hundred as the petition fee which is not refunda ble. (6) An election petition may be submitted to the State Election Commission withinthirty days from the date of publication of the election result in the Official Gazette. 8 5 . Action to be taken by Sta te Election C ommission: On receipt of an election petition the State Election Commission shall direct the District Election Officer to retain packets and other pa pers referred to in rule 81 of the concerned Sinlung Hills Development Council constituency in respect of which the election p etition has been presented.- 23 -Ex-508/2017 86 . Election Tribunal : (1) The State Election Commission may, by a notification published in the Official Gazette, constitute an Election Tribuna l consisting of a Chair man, a Secretar y and M embers t o hear, examine and dispose of all election petitions under these r ules. T he State Election Commission shall r efer the election petition to the Election Tribunal for its disposal. (2) The Electon Tribunal shall be constituted on a need basis and shall continue to function till final disposal of a n election petition. 8 7 . Powers of Election Tribuna l:It shall be open to the Election Tribunal to- (a ) direct the petitioner, all or any of the respondents a nd any other persons to appear in person whenever it considers necessa ry; (b) enfor ce the at tendance of witnesses; ( c ) compel the production and examination of the packets and other papers referr ed to in Rule 81; a nd (d) examine the witness es on oath. 88 . Grounds for decla ring to be void: (1) If the Election Tr ibunal is of t he opinion- (a ) that on the date of his election a returned ca ndidate was not qualified or was disqualified, to b e chosen as a member under these rules ; or (b) that any corrupt practice has been committed by a returned ca ndidate or his agent or by any other person with the consent of a returned candida te or his agent; or (c ) that any nomination paper has been improperly r ejected; or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected – (i) by improper accept ance of any nomination; or (ii) by a ny corr upt pra ctice committed in the interest of the retur ned candidate by a person other than that candidate or his a gent or a person acting with the consent of such candidate or agent; or (iii) by t he impr oper acceptance or refusal of any vote or r eception of any vote which is void; or (iv) by t he non-complia nce with the provisions these rules or or ders ma de there- under, the Election Tribuna l shall declare the election of the returned candidate to be void. (2) If in the opinion of the Election Tribunal a returned candidate has b een guilty by a n agent, of any corrupt practice, but the Tribunal is satisfied- (a ) that no such corrupt pract ice was commit ted at the election by the ca ndidate, and every such corrupt pract ice was commit ted contrary to the orders, a nd without the consent of the candidate; (b) that the ca ndidate took a ll reasonable means for preventing the commission of cor rupt practices at the election; and (c ) that in all other r espects the election was free from any corrupt practice on the par t of the ca ndidate or any of his a gents, then the Election Tribunal may decide that the Election of t he retur ned candidate is not void. 89 . Decis ion of the Election Tribunal: (1) It shall be the duty of the Election Tribunal to dispose of any election petit ion within sixty days from the date on which the election petit ion was s ent to them under r ule 84. (2) At the conclusion of the trial of an election petition, the Election Tribuna l shall make order- (a ) dismissing the election petition; or (b) declaring the election of the returned ca ndidate to be void.- 24 - Ex-508/2017 (3) If the petitioner has, in addition to challenging the validit y of the election of a ny returned candidate, claimed declara tion that he himself has been duly elected, and the Election Tribunal is of opinion that the claim of the petitioner is correct, the Election Tribunal shall, after declaring the election of the returned candidate to be void, declare the petitioner to have been duly elected. (4) The Election Tribunal shall report its findings and decisions to the State Election Commission where- upon the State Election Commission shall notify the decision of the Tribunal and a copy of the same shall be sent to the petitioner, the concerned candidate whose election was challenged, the State Government and the District Election Officer. (5) The decision of the Election Tribunal under this rule shall be final a nd binding. (6) No C ivil Court sha ll have jurisdiction to question the legality of any decision t aken by the Election Tribunal in the discharge of their duties under these rules. CHAPTER - VIII ELECT ORAL OFFENCES 90 . Prohibition of public meeting: (1)On the date of poll:No person shall convene, hold or attend any public meeting within any polling area on which a poll is ta ken for an election in that p olling a rea. (2)Period of forty eight hours ending wit h hour fixed for conclusion of poll:No person sha ll- (a ) convene, hold, attend, join or a ddress any public meeting or procession in connection with an election; or (b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or ( c ) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, In t his section, the expr ession “election matter” mea ns any matter intended or calculated to influence or affect the resu lt of a n election.] (3) Any person who contravenes the provisions of sub-rule (1) & (2) shall be pu nishable with fine which may extend to Rupees Two Hundred. 91. Maintenance of Secrecy of voting: (1) Every officer, clerk, a gent or other person who performs any duty in connection with the recording or counting of votes at an election sha ll maintain, a nd aid in maintaining, the secrecy of the voting and s hall not communicate to any person any information ca lculated to violate such secrecy. (2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. 92 . Officer, etc., a t elections not to a ct for candidates or to influence voting: (1) No person who is a Magistr ate or a Presiding Officer or Polling Officer at a n election shall in the conduct of or the mana gement of the election do any act (other than the giving of vote) for the furtherance of the pr ospects of the election of a candidate. (2) No such person as aforesa id, and no member of a Police force, shall endeavour- (a ) to persuade any person to give his vote at an election; or (b) to dissuade any person from giving his vot e at an election; or (c ) to influence the voting of any per son at an election in any manner. (d) any person who contravenes the provisions of s ub-rule (1) or sub-rule(2) s hall be punishable with imprisonment which may extend to three years or with fine or with both.- 25 -Ex-508/2017 93 . Prohibition of canvassing in or near polling stations: (1) No person shall, on the date or da tes on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundr ed metr es of the polling station, namely: (a ) canvassing for votes; or (b) soliciting t he vote of any elector ; or (c ) persuading a ny elector not to vote for any particular ca ndidates; or (d) persuading any elector not to vote at the election; or ( e) exhibiting any notice or sign (ot her tha n an official notice) relating to the elect ion. (2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with imprisonment for a term which may extend to thr ee months or with fine which may ext end to rupees one thousa nd. (3) An offence punishable under this rule shall be cognizable. 94 . Penalty for disorderly conduct in or near polling sta tions: (1) No person shall, on the date or da tes which a poll is ta ken at a ny polling station- (a ) use or opera te within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the huma n voice, such as a megaphone or a loud speaker; or (b) shout or otherwise act in a disorderly manner so as to ca use annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station. (2) Any persons who contravenes, or willfully aids or abets the contravention of, the pr ovisions of sub-rule (1) shall be punishable with the imprisonment which may extend to thr ee months or with fine or with both. (3) If the Presiding Officer of a polling sta tion has reason to believe tha t any person is commit ting or has committed an offence punishable under these rules, he may direct any Police Officer to arrest such person, and thereupon the Police Officer shall arrest him. (4) Any Police Officer may take such s teps, a nd use such for ce, as may be reasonably necessary for preventing any contravention of the provisions of sub-rule(1), a nd may seize any appar atus used for such contravention. 95 . Penalty for misconduct at the polling sta tion: (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the Presiding Officer may be removed from the polling stations by the Pr esiding Officer orby any Police Officer on duty or by any person author ized in this behalf by such Presiding Officer. (2) The powers conferr ed by sub-rule (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. (3) If a ny person who has been so removed from a polling sta tion re-enters the polling sta tion without the permission of the Presiding Officer shall be punisha ble with imprisonment for a term which may extend to t hree years or with fine which may extend to rupees one thousand or with both. (4) An offence punishable under sub-rule (3) shall be cogniza ble. 96 . Removal of ballot papers from polling sta tion to be a n offence: (1) Any person who at a ny election fr audulently takes, or a ttempts to take, a ba llot paper out of a polling sta tion, or willfu lly aids or abets the doing on any such act , shall be punishable with impr isonment for a term which may extend to one year or with fine which ma y extend to Rupees five hundred or with both.- 26 - Ex-508/2017 (2) If the Presiding Officer of a Polling sta tion has reason to believe tha t any p erson is commit ting or has committed an offence punishable under sub-rule (1), such officer may, before such person leaves the polling station, arrest or direct a Police Officer to arrest such person and may search such person or cause him to be sear ched by a Police Officer: Provided that when it is necessar y to ca use a woman to be searched, the sear ch shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search sha ll be made over for safe custody to a Police Officer by the Presiding Officer, or when the search is made by a Police Officer, shall be kept by such officer in safe custody. (4) An offence punishable under sub-rule (1) shall be cogniza ble. 97. Other offences and penalties thereof : (1) A person shall be guilty of an electoral offence if at any election he - (a ) fraudulently defaces or fraudulently destroys any nomination paper; or (b) fraudulently defaces, dest roys or removes any list, notice or other documents affixed by or under the authority of a Magistrate or the Returning Officer or the Presiding Officer; or (c ) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting; or (d) without due authority supplies any ballot paper to any p erson or receives any ballot from any person or is in possess ion of a ny ballot paper; or ( e) fraudulently puts into any ballot box a nything other than the ballot paper which he is authorized by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the pur poses of the election; or (g) fraudulently or without due author ity, as the case may be, attempts to do any of the foregoing acts or willfully aids or abets the doing of any such a cts. (2) Any person guilty of an electoral offence under this rule shall be punishable with imprisonment which may extend to six months or with fine or with both. (3) For the purpose of this rule, a person shall be deemed to be on official duty if his duty is to take par t in the conduct of an elect ion or pa rt of an elect ion including the counting of votes or to be r esp onsible after an election for the used ballot papers and other documents in connection with such election. (4) An offences punishable under sub-rule (2) shall be cognizable. 9 8 . Penalty for corrupt practice: Whoever commits a corrupt practice at an election shall be punishable with a fine not exceeding five hundred rupees. 99 . Breaches of officia l duty in connection with elections: (1) If a ny person, to whom these rules apply, is without reasonable cause guilty of any act or omission in br each of his official duty, he shall be punishable with fine which may extend to five hundred rupees. (2) No s uit or other legal proceedings shall lie against a ny such person for damages in respect of any such act or omission as aforesaid. (3) The persons, to whom these Rules apply, are the District Elect ion Officers, Returning Officers, Assistant Returning Officers, Presiding Officers, Polling Officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recor ding or counting of votes at an elect ion. (4) No court shall take cognizance of any offence punisha ble under these rules unless there is a complaint ma de by a n order of, or under the authority from the State Election C ommission or the District Election Officer concerned.- 27 -Ex-508/2017 CHAPTER IX MISCELLANEOUS PROVISIONS 100. Civil court not to have jurisdiction: No Civil Court shall have jurisdiction to question the legality of:- (a ) any action taken by the Returning Officer in the discharge of his duties under these rules; or (b) any action taken by the Presiding Officer and the Polling Officer in the discha rge of their duties under these rules; or 101. Requisitioning of premises etc., for election purposes: (1) If it appears to the State Election C ommission or the District Election Officer that in connection with an election to a Sinlung Hills Development Council- (a ) any premises are needed or are likely t o be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or (b) any vehicle or vess el is needed or is likely to be needed for the purpose of t ranspor t of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transpor t of any officer or other person for the perfor mance of any duties in connection with such election, the State Election Commission or as the case may be, the District Election Officer ma y by order in writing, r equisit ion such premises or such vehicle or vessel, as the case ma y be and may make such further orders a s may a ppear to him to be necessary or expedient in connection with the requisitioning in respect of matters including r easonable remuneration to be given therefor: Provided that no vehicle or vess el which is being lawfully used by candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under these rules until the completion of the poll at such elect ion. (2) The requisition shall be effected by an order in writing addr essed to the person deemed by the State Election Commission or, as the case may be, the District Election Officer to be the owner or person in possession of t he property. (3) Whenever any property is r equisit ioned under sub-rule (1) the period of such requisition shall not extend beyond the period for which s uch property is requir ed for any of t he purposes mentioned in that sub-r ule. (4) If any person contravenes any order made under this rule, he shall be punishable with impr isonment for a term which may extend to three months or with fine or with both. (5) In this rule- (a ) “premises” means a ny land, building or part of a building and includes a hut, shed or other structure or any pa rt thereof; (b) “vehicle” means any vehicle used or capable of being’ used for the pur pose of road transport, whether propelled by mechanical power or otherwise; (c) “vessel” means any vessel used or capable of being used for the purpose of water transport, whether propelled by mechanical power or otherwise. 1 0 2 . Staff of every loca l author ity to be made available: Every depa rtment of the State Government or other authorities and every educational institution including an aided school or private affiliated college in the State shall when so requested by the Sta te Election Commission or the District Election Officer make available- (a ) to the Electoral R egistra tion Officer, such staff as may be necessa ry for the per formance of any duties in connection with the prepara tion and revision of electora l rolls; or (b) to the District Election Officer and any Returning Officer such staff as may be necessary for the performa nce of any duties in connection with an elect ion.- 28 - Ex-508/2017 103. Expenses in connection with elections: Funds to meet all expenses in connection with the elections t o the Sinlung Hills Development Council including those in relation to the preparation of electoral rolls therefor, shall be provided by the State Government. 104. Grant of Paid Holiday to Employees on the day of Poll: (1) Every person engaged in work in any trade establishment or commercial establishment or industrial establishment or in any other establishment in the pr ivate sector who is eligible to vote in the Election to Sinlung Hills Development Council shall be granted lea ve on the day of poll. (2) The wages of any such person shall not be reduced or disallowed on account of the leave granted under sub-rule (1) even though such person is appoint ed on the basis that, wages will not ordinar ily be paid for such date, he shall be paid the wa ges tha t would have been received by him on such date, had he not been gr anted leave for that day. 105. Repeal and Savings: (1) On and from the commencement of these rules, The Mizoram (Election to Sinlung Hills Development Council) rules, 2008 and all the subsequent amendments shall stand repea led. (2) Inspite of such repeal, anything done or any action purported to have been done or taken under the Rules so repealed, sha ll be deemed to have been so done or taken or purpor ted to have been done or taken under t hese Ru les.- 29 -Ex-508/2017 FORM – 1 [See Rule 26 and 27] NOTICE OF PUBLICATION OF ELECTORAL ROLL IN DRAFT Election to the Sinlung Hills Development Council of ………………………………….. (No. & Name) 20……. To, The Electors of the .........................................................................Sinlung Hills Development Council Constituency. Notice is hereby given tha t the electora l roll has been prepar ed in a ccordance with the Mizoram (Election to Sinlung Hills Development Councils) Rules, 2016 and a copy thereof is availa ble for inspection at my office, and at ........................................................................ during office hours. If there be any claim for the inclusion of a na me in t he roll or any objection to the inclu-sion of a name or any object ion to particulars in any entry, it should be lodged on or before the ............................................................. in form 3, 4 or 5 as may be appropriate. Every such claim or objection should either be presented in my office or to ............................or sent by post to the address given below so as to reach me not later than the afor esaid date. Date..........................................................Electoral Registration Officer Address:.................................................... Place ………………………….................. FORM – 2 [See Rule 29(1)] APPLICATION FOR INCLUSION OF NAME To, The Electoral Registration Officer, Sinlung Hills Development Council ………………………………… District. Sir, I request that my name be included in the elector al roll for the Sinlung Hills Development Council Con-stituency of ..........................................................................- 30 - Ex-508/2017 My name (in full) ................................................................................................... My Father ’s/ Mother’s/ Husband’s Name ......................................................... Particulars of my place of residence ar e :- House No. .............................................................. Street ...................................................................... Village .................................................................... Post Office .............................................................. Police Station .......................................................... District ………......................................................... I hereby declare tha t to the best of my knowledge and belief:- (i)I am a citizen of India ; (ii)My age on the first day of January …….… was ............... years and ............... months ; (iii)I am ordinar ily resident at the address given below :- ……………………………………………………………………………………….. (iv)I ha ve not a pplied for the inclusion of my name in the electoral roll for any other Sinlung Hills Development CouncilConstituency : (v)My name has not been included in the electoral roll for this or any other Sinlung Hills Development Council C onstituency. or My name may have been included in the electoral roll of ……............................ Sinlung Hills Development Council in which I wa s or dina r ily resident ear lier a t the a ddres s ment ioned below and, if so, 1 request that the same may be excluded from that electoral roll. Full Address of ear lier place of ordinary residence:- ………………………………………………………. ………………………………………………………. Date ........................ Place ...................... ............................................... Signature or thumb impression of the Applicant Record of action takenThe application in Form - 3 of Mr/Mrs/Miss.................................................................................. of ........................................................ has been - (a)accepted and his/her name is included in the electoral roll of ................................................ …………………………..................Sinlung Hills Development Council Constituency, or (b)rejected for the reason....................................................................................................... ..........…………………………………………………………………………………… Date ................................... Place ……………………..Electoral Registration Officer (Seal) - 31 -Ex-508/2017 FORM 3 [See Rule 29(2)]APPLICATION FOR OBJECTING INCLUSION OR SEEKING DELETION To, The Electoral Registration Officer, Sinlung Hills Development Council ..................................................... District. Sir, I object to the inclusion of the name of …………................................................................ at Serial No. ….......................................... of the electoral roll of.................................................Sinlung Hills Development C ouncil Constituency for the following reason ( s) :- …………………………………………………………… …………………………………………………………… …………………………………………………………… I hereby declare that the facts mentioned above are true to the best of my knowledge and belief. My name has been included in the electora l roll for this constituency a s follows:- Name in full....................................................................... Father’s/Mother’s/Husband’s Name............................................................... Serial No.............................................................. Part No................................................................. ………………………………….. Signature or thumb impress ion of the objector (Full postal address)...................................... NOTE : Any person who ma kes a statement or declaration which is fa lse and which he either knows or believes to be false or does not believe to be true is punishable under Rule 22 of the Mizoram (Election to Sinlung Hills Development Councils ) Rules, 2014 and provisions under the appropriate law including Indian Penal Code. Record of action takenThe objection in Form – 4 lodged by Mr/Mrs/Miss …….............................................. .......................................... of ........................................................ has been – (a)accepted and the entry of the name of .................................................................. Serial No. ............................ of the electoral roll of ............................................Sinlung Hills Development Council shall be deleted; or (b)rejected for the reason ………………......................................................................... ............……………………….....……………………………………………………… Date ................................... Place ……………………..Electoral Registration Officer, (Seal) - 32 - Ex-508/2017 FORM 4 [See Rule 29(3)] OBJECT IONS TO PARTICULARS IN ANY ENTRY To, The Electoral Registration Officer, Sinlung Hills Development Council , …………………………………… District. Sir, I submit that the entry relating to myself which appears at Serial No. ...................... of the electoral roll of ................................................................................... is not correct. It should be corrected to read as follows: “………………………………………………………………………………………………… ...……………………………………………………………………………………………….” Place ......................................... Date .......................................... …..……....…………… Signature or thumb impression of t he elector. NOTE : Any person who ma kes a statement or declaration which is fa lse and which he either knows or believes to be false or does not believe to be true is punishable under Rule 22 of the Mizoram (Election to Sinlung Hills Development Councils ) Rules, 2014 and provisions under the appropriate law including Indian Penal Code. Record of action takenThe objection in Form-5 lodged by Mr/Mrs/Miss ……….................................................. …….……………………............................. of ……...………............................................................. .................................................... has been - (a)accepted and the relevant entry has been corrected to read as follows :- …………………………………………………………………………........ …………………………………………………………………………........ (b)rejected for the reason .................................................................................... Date....................................... Place ……………………….Electoral Registration Officer (Seal) - 33 -Ex-508/2017 FORM 5 [See Rule 32] NOTICE OF FINAL PUBLICATION OF ELECTORAL ROLL It is hereby notified for public informa tion tha t the list of amendments to the draft electoral roll for the................................................. (No. & Name) Sinlung Hills Development Council Constituency of ………………………….. District has been prepared with reference to.................................................. as the qualifying date and in accordance with The Mizoram (Election to Sinlung Hills Development Councils) Rules, 2016. A copy of the said r oll together with the said list of a mendments has been published and will be available for inspection a t my office. Date ..........................................Electoral Registration Officer, Place ...........................................Address: ……………………………….. ……………………………….. FORM 6 [See Rule 38] NOTICE OF ELECTION Notice is hereby given that:- (1) an election is to be held of a member to the Sinlung Hills Development Council in the ………………….. (No. & Name) Sinlung Hills Development Council C onstituency; (2) nomination papers may be delivered by a ca ndidate to the Returning Officer/Asst. Retur ning Officer at …………………………………….. between 11:00 A.M and 3:00 P.M on any day (other than public holiday) not later than the ………………………………… (date) ; (3) forms of nomination paper may be obtained at the place and time aforesaid; (4) the nomination papers will be taken up for scrutiny at ………………………………………….. (place) on……………………… (date) at……………………………….. (hour); (5) notice of withdrawal of candidature may be delivered either by a ca ndidate or by his election a gent who has been author ized in writing by the candida te to deliver it to either of the officers specified in paragraph (2) above at his office before 3 P.M. on the……………………………(date) ; (6) a ca ndidate shall deposit rupees five hundred along with his nomina tion pa per; (7) in the event of the elect ion being cont ested, the poll will be taken on …………………. between the hours of……………………. and ………………………. ; (8) the counting of votes will commence on ………………… (date) at ………………………. (place) at ……………………… (hour) or immediately after the poll is over. Date ………………………………Retur ning Officer Place ……………………………. No. & Name of SHDC Constituency…….…………….- 34 - Ex-508/2017 FORM 7 [See Rule 40] NOMINATION PAPER Part – I Election to the Sinlung Hills Development Council of _______________________(No & Name) 20……… 1.Name: 2.Father ’s/Mother ’s/Husband’s Name: 3.Age & Date of Birth: 4.Sex: 5.Educational Qualifications: 6.Address: 7.No & Name of Constituency: 8.Sl.No in the Electoral Roll: 9.Date & Time of filing Nomina tion: 10.Citizenship: 11.Religion: 12.Place of birth (Birth Certificate/: Baptismal Certificate should be enclosed) 13.Occupation: Part – II (CANDIDATE’S DECLARATION) I, _________________________ the candidate mentioned in Part-I assent to this nomination and her eby decla re:- 1)that I have completed _________ years of age; 2)that I am a member of Scheduled Tribe belonging to ______________sub-tribe; 3)that I am set up at this election by the ______________________ party; if any 4)that symbols I have chosen are, in order of prefer ence i)____________________ii)_____________________iii)_________________ 5)that I am not disqualified for being elected to fill the sa id seat in the Sinlung Hills Development C ouncil; 6)that I am not an unsound mind and stands so declared by a competent Court of Author ity; 7)that my Name and F ather ’s/Husband’s Name have been cor rectly spelt out above in __________________ (name of language); 8)that the Code of Conduct prescribed by the State Elect ion Commission has been read by me/read over to me and I will abide by it; 9)that I have deposit ed a security deposit of Rs. 1000/- (Rupees one thousand) only as prescr ibed under Rule 41(1). 10)that I am not holding any office of profit under the Central Government or the State Government. 11)that to the best of my knowledge and belief, I am qualified a nd not disqualified for being elected to fill the seat of the said Sinlung Hills Development Council; Witness: (………………………….)(………………………….) Signature Signature - 35 -Ex-508/2017 (………………………….)(………………………….) Name (Capital Letter) Name (Capital Let ter) Sl.No in the E/Roll………….. Date……………………..Date…………………… Place……………………Place…………………. Part-III(To be filled by the Retur ning Officer) Serial No. of Nomination Paper ………………………………………….. This nomina tion pa per was delivered to me at my office at ……………….(hou r) on …………… (date) by the candidate. Signature of the Returning Officer or other authorised person Part-IV(Decision of Returning Officer accepting or rejecting the nomination paper) I ha ve examined this nomination in accordance with Rule _____ and decided as follows: Date: ___________Accepted/RejectedPlace:___________Ret urning Officer ——————————————-----—— (Perforation) ————————---————————— Part-VRECEIPT FOR NOMINATION PAPER AND NOTICE FOR SCRUTINY (To b e handed over to the Ca ndidate while filing the nomina tion paper) Serial No. of Nomination Paper …………………………………………… The Nomination Paper of …………………………., a ca ndida te for election to Sinlu ng Hills Development Council of …………………………………(No. & Name), was delivered to me at …………………. (hour) on ……………….. (date) by the Candidate. All Nomination Papers will be taken up for scrutiny at …………………… (hour) …………. on ………………. (date) at …………………….. (place). Date: ……………………….Ret urning Officer Place: ……………………..- 36 - Ex-508/2017 FORM 8 [See Rule 41(2)] RECEIPT OF SECURITY DEPOSITP a rt ' A'No... .................. Date .................. ..... Rec eiv ed a sum of Rs 1000/- (Rupee s one thous and) only from Pi / Pu ..... ................. ................. ................ .............. of ..... ................. ................. .......... o n ac coun t of s ecu rity depos it for his nomi nation fo r SHDC elect ion. Returning Officer, No & Nam e of SHDC Cons tituency … … … … … ............. ................ .......P a rt ' A'No... .................. Date .................. ..... Rec eiv ed a s um of Rs 1000/- (Rupee s one thous and) only from Pi / Pu ..... ................. ................. ................ .............. of ..... ................. ................. .......... o n accoun t of s ecu rity deposit for his nomination fo r SHDC elect ion. Returning Officer, No & Nam e of SHDC Cons tituenc y … … … … … ............. ................ .......P art 'B 'H O W DI SPO SED O F D ate .................. ................. ....... R efu nded/forfeit ed Sig n atu r e R etu rni ng O ffic er of C andid ate. N o & Na m e o f S HD C C o nsti tu enc y … … … … … ...... ................. ............S.NoN ame o f th e C and idateNam e ofF a the r /M oth e r/H u sb a ndAddress ofC an d ida teP a rtya f f ilia tion , ifany(1)(2)(3)(4)( 5)12 3 4FORM 9 [See Rule 42(4)] LIST OF VALIDLY NOMINATED CANDIDATES Election to Sinlung Hills Development Council of ……………….. (No & Name) 20…… Place :Retur ning Officer Date :P art 'B'H O W DI SPO SED O F D ate .................. ................. ....... R efu nded/forfeit ed Sig natur e R e tu rn i ng O ffic er of C andid ate. N o & Na m e of S HD C C o nstituenc y … … … … … ...... ................. ............- 37 -Ex-508/2017 FORM 10 [See Rule 43(1)] NOTICE OF WITHDRAWAL OF CANDIDATURE Election to the Sinlung Hills Development Council of ………………………………….. (No. & Name) 20……. To, The Returning Officer, ……………………….. I, …………………………………………………. a candidate nominated at the above election do hereby give notice that I withdraw my candidature. Place ………………… Date …………………. Signature of nominated candidateThis notice was delivered to me at my office at ……….………. (hour) on ……….…………….. (date) by ………………………………………………. (name), the ** ………………………………. ……...…………… Ret urning Officer Place ……………………. Date……………………. —————————————————(Perforation) ——————————————— Receipt for Notice of Withdrawal (To be handed over to the per son delivering the notice) The notice of withdrawal of candidature by …………………………. . a nominated candidate at the election to Sinlung Hills Development Council of …………………………. (No. & Name) was delivered to me by the ** ………………………… …. at my office at ……………………… (hour) on ……………………. (date). ……...…………… Ret urning Officer ** Here insert one of the following alternatives as may be appropriate:- (1) Candidate (2 ) Candidate’s Election Agent who has been authorized in writing by the candidate to deliver it. ( 3 ) A person authorized in writing by the ca ndida te to deliver it.- 38 - Ex-508/2017 F or m 11 [See Rule 45(9)&(10)] NOTICE AS TO NAMES OF CANDIDATES SET UP BY THE RECOGNISED/REGISTERED POLITICAL PARTY Election to the Sinlung Hills Development Council of ………….. (No. & Name) 20……. To, The Returning Officer, ………………………………………………………… Subject :Notice regarding setting up of candidates in the Election to Sinlung Hills Development Council from …………………….. (No. & Name) Constituency. Sir/Madam, I hereby give notice that the following persons have been set up by ……………………………………………. Party as its candidate(s) at the Election to be held on the ……………………………………………… for election of Members from the Sinlung Hills Development Council Constituency of ……………………………………….. (No. & Name) as shown against each of the candidates. Yours faithfully, Signature __________________ Name of President () (Seal) S/NNa me of Sp on s ored CandidatesFather’s/M other’s/ H usband’s NameA dd re ss1.2.3.4.5.6.7.- 39 -Ex-508/2017 FORM 12 [See Rule 45(11)&(12) and rule 47(3)] LIST OF CONTESTING CANDIDATES Election to the Sinlung Hills Development Council of …………… (No. & Name) 20……Sl.No.Nam e o f Ca ndidateFather’s/Mo th er’ s/H usband’s namePartyAf fil iat ionSym bol all ot te dThe poll will be taken on ……..………………………..(date) at …….…………………….. (place) between the hours of …………….. A.M. to ………….. P.M. Date................................................... Retur ning Officer Place : …………………No. & Name of Sinlung Hills Development Council …........................- 40 - Ex-508/2017 FORM 13 [See Rule 48(1)(a)&(c)] APPOINTMENT OF ELECT ION AGENT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… To, The Returning Officer, …………………………………… I, ……………………………………………….. (name) of ………………………………………..(address), a candidate at the above election, do hereby appoint ………………………………………….…………………… of ……………………………………… (address) as my Election Agent from this day at the above elect ion. Place ……………………….. Date ………………………..………………………Signature of Candidate I accept the above appointment Place ……………………….. Date ………………………..……………….…………… Signature of Election Agent Approved Signature a nd seal of the Returning Officer FORM 14 [See Rule 48(1)(e)] REVOCATION OF APPOINTMENT OF ELECTION AGENT Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… To, The Returning Officer, …………………………………… I, ..………………………………………………….., a candidate at the above election, hereby revoke the appointment of Pi/Pu ………………………………………………… as my Election Agent. Place ……………………….. Date ……………………….. ……………………… Signature of Candidate - 41 -Ex-508/2017 FORM 15 [See Rule 48(2)(b)] APPOINTMENT OF POLLING AGENT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… To, The Presiding Officer, …………………………………… I, ……………………………………. a Candidate/Election Agent* of Pi/Pu …………………………….. …………………………………………. who is a candidate at the above said election do hereby appoint Pi/Pu ……………………………………………………. as a Polling Agent at P olling Station of ……..…………… (No.& Name) Sinlung Hills Development Council C onstituency. Place:Signature of Candidate/Election Agent Date: I agree to a ct as P olling Agent Place: Signature of P olling Agent Date: DECLARATION TO BE SIGNED BY THE POLLING AGENT BEFORE THE PRESIDING OFFICER I, ……………………………… Polling Agent of Pi/Pu ……………………………….. do hereby declare tha t at the Elect ion to the Sinlung Hills Development Council Constituency of …………………………………. (No. & Name) I will not do anything tha t may violate the secrecy of the election or any provision of the Mizoram (Election to Sinlung Hills Development Councils) Rules, 2016 in connection with this elect ion. Signa ture of Polling Agent (date) Signed before me a nd a ccepted Presiding Officer Place: Date *Str ike off whichever is not applica ble.- 42 - Ex-508/2017 FORM 16 [See Rule 48(2)(d)] REVOCATION OF APPOINTMENT OF POLLING AGENT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… To, The Presiding Officer, …………………………………… I, ………………………………. * the Election Agent of Pi/Pu ……………..……………………, a ca ndidate at the above election, hereby revoke the appointment of P i/Pu …………………………………. as my/his Polling Agent. Place:Signature ……………………………… Date:Name………………………………….. Candidate /Election Agent _____________________________________________________________________________________________ *Strike out the word(s) not applicable FORM 17 [See Rule 48(3)(a)] APPOINTMENT OF COUNTING AGENT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… To, The Returning Officer, …………………………………… I, ........................, * a candidate/the election agent of......................................who is a candidate a t the a bove election, do hereby appoint the following persons as my counting agents to attend the counting of votes at.................................................... (place). Name of the Counting AgentsAddr ess of the cou nting a gent1. ……………………………….…………..………………………………. 2. ……………………………….…………..………………………………. 3. ………………………………..………..……………………...…………. etc. Signature of Candidate/Election Agent. We a gree to act as such Counting Agents 1. ………………………………. 2. ………………………………. 3. ……………………………….- 43 -Ex-508/2017 Signature of Counting Agents Place.................................... Date..................................... Declaration of Counting Agents(To be signed before the Returning Officer) We hereby declare that at the above elect ion we will not do anything forbidden by Rule 92 of The Mizoram Election to Sinlu ng Hills Development Council Rules, 2016, which we have read/ha s been read over to us. 1. 2. 3. etc. Date...................................Signature of counting agents Signed before me. Date.................................. Returning Officer FORM 18 [See Rule 48(3)(b)] REVOCATION OF APPOINTMENT OF COUNTING AGENT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… To The Returning Officer, …………………………………… I, ..........................., [the election agent of..........................] a candidate at the above election hereby revoke the appointment of...................... my/his counting agent. Date............................... Signature of person revoking. Place..............................- 44 - Ex-508/2017 FORM 19 [See Rule 52] BALLOT PAPER COUNTERFOIL Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… Serial No. of Ballot Paper ............................... Elector ’s Serial number in the Electoral Roll………………………………..……….. Signature or thumb impress ion of the elector ————————————————— (Perforation) —————————————————— BALLOT PAPER Serial No. of Ballot Paper............................... No & Name of Sinlung Hills Development Council Constituency ............................................... S l.No.N ame of Can did ateS ym bo l A ll ottedS l.N o.N ame o f Can did ateSy mb ol A llo tted1 Bia k mu a na Hand13 H min gm uan aSun W itho ut Rays2 Buanga Hand14 LalthanzamaSun W itho ut Rays3 D ins a ng a Hand15 Ma w iaSun W itho ut Rays4 Hminghlua Hand16 Rom a w iaSun W itho ut Rays5 Hriata Hand17 Siamm awiaSun W itho ut Rays6 L a llia na Hand18 Th ans iamaSun W itho ut Rays7 Hmingmuana S tar19 Du h kimaAxe (Hrei pui)8 Lalthan zam a S tar20 La lr in gaHat ( L uk hu m)9 M awia S tar21 Mals awmaLantern (L altin)10 Ro maw ia S tar22 RindikaLeaf ( T hin gh na h )11 Siam mawia S tar23 Tlan kim aMug ( N ot un g)12 Thansiama S tar24 Za k a paNeckl ace (T hi)- 45 -Ex-508/2017 FORM 20 [See Rule 53] APPLICATION FOR CASTING OF VOTE BY A VOTER ON ELECTION DUTY Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… To, The District Election Officer, ________________________ District. Sir, I intend to cast my vote in the ensuing Election to the Sinlung Hills Development Councils from ___________________________ (No. & Name) Sinlung Hills Development Council Constituency by means of Ballot P aper for Electors on Election Duty. My name is entered at Sl. No. _______ in Part No. ________ of the Electoral Roll of ______________________________ (No. & Name) Sinlung Hills Development Council Constituency. I ha ve been appoint ed/deployed to perform election duty and copy of my appointment/ deployment letter is attached herewith. I request that a ballot paper be issued to enable me to cast my vote as per procedures prescribed by the State Election Commission, Yours faithfully, Enclo: As stated above. Signature: _______________________ Name: __________________________ Designation: _____________________ Contact No.:_____________________ - 46 - Ex-508/2017 FORM 21 [See Rule 54(2)(c)] LIST OF CHALLENGED VOTES Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… Serial No. of en tryName of electorSl . N o. of Electo r’s nam e i n the E /R o llS ig nat ure or th um b i m pr e s si on of the person challen gedAddress of th e pers on challen gedName o f identifier, if a nyN am e o f ch alleng erO rder o f P residing O fficerSignatureof challen ger on r e c e iv in g r e fun d ofde p os it123456789Date: ………………….. Signature of Presiding Officer - 47 -Ex-508/2017 FORM 22 [See Rule 60(1)] DECLARATION BY THE COMPANION OF BLIND OR ILLITERATE OR INFIRM VOTERS Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… I, ............................................................................................................... do hereby certify that .......................................................................... is personally known to me. I am satisfied that he/ she is blind or illiterate or physically infirm and is unable to make a mark on the ballot paper. He/she requested me to ma rk the ballot paper on his/her behalf. I hereby declar e that I ha ve not a ccepted as companion of any ot her elector at any polling station t oday, a nd that I will keep secret the vote recorded by me on his/her behalf. Signature of Compa nion Date: ……………….. Place: ………………..Signed before me and permitted Signature of the Presiding Officer FORM 23 [See Rule 60(2)] RECORD OF VOTES OF BLIND OR ILLITERATE OR INFIRM ELECTORS Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… Sl. NoNam e o f El ect orElector's S l. N o i n th e E /RollNa me of CompanionCo mpa nion' sSl. No in the E/RollSign ature of Com pani onDate : ........................................... Place : …………………………..Signature of the Presiding Officer - 48 - Ex-508/2017 FORM 24 [See Rule 64(2)] LIST OF TENDERED VOTES Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… Sl. No.Name of the electorSl. N o. of elector in the E/RollAdd r e ss of the electorSerial n um be r of electors in electoral rollSerial number o f tendered ballot paperS e r ial Num be r of ballo t paper is sue d to the person who has al ready vot edSign a tu re or thumb impression ofpers on tenderingvoteDate: .................................. Signature of the Presiding Officer Place: ..................................- 49 -Ex-508/2017 FORM 25 [See Rule 66] BALLOT PAPER ACCOUNT OF PRESIDING OFFICER Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… SI NoP ar t i cul ar sQ ua nti ty1 No of Ballot Papers received by the Presiding Officer2 No. of ball ot papers issued to electors3 No of ballot papers cancelled for violating voting pr oc e du re4 No of ballot papers spoilt and returned under Rule 61(1)5 No of ballot papers refused by the elector and cancelled under Rule 61(2)6 No of ballot paper to be found in the ballot box.7 No. of unused ballot papers returnedDate......................... Place : ………………Signature of the Presiding Officer - 50 - Ex-508/2017 FORM 26 [See Rule 73(2)] ROUND-WISE COUNTING SHEET Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… (a) Counting Table No:__________(b) Round No:______________ (c) No. of Ballot Papers: ________(d) Total Votes cast:____________ (e) Valid Votes:________________(f) Invalid Votes:________________S l.NoName o f C an didat e sVot es polledTotal5 5 55 5 5 5 5 5 5Name & Signature of Counting Supervisor Date ............................................ Place ............................................ Name & Signature of Returning Officer - 51 -Ex-508/2017 FORM 27 [See Rule 73(2)] COUNTING TABLE-WISE RESULTS TABULATION SHEET Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… ROUND No. ......... Sl.NoNam e o f Ca ndidatesVal id Votes PolledG . T otalCou nti ng Table No_____Cou nti ng Tab le No_____Cou nti ng Tab le N o_ __ __Cou nti ng Tab le No_____Co unting Table N o_ __ __Date ……………………. Place …………………….Name & Signature of Returning Officer - 52 - Ex-508/2017 FORM 28 [See Rule73(2)] ROUND-WISE TABULATION SHEET Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… S l. NoNa me of Candi datesValid Votes Pol ledG . To t alRo und No_ __ __Rou nd No_____Ro und No __ _ __Rou nd No __ __ _Ro und No_____Name & Signature of Returning Officer - 53 -Ex-508/2017 FORM 29 [See Rule 77] ELECTION RESULT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… Date of Poll: .............................................................. Date of Counting of Votes : .............................................................. Sl. NoNam e of Ca n did ateName of Political P ar ty , if anyTotal V otes P ol l edRes ult (I ndica te as Elected/not Elect ed)Tota l No. of Electors: ………………….. Total No. of valid votes polled : ………………….. Tota l No. of rejected votes: ………………….. Tota l No. of tendered votes: ………………….. I hereby declare that:- SI. Nos :…………………………………….. Viz.. 1) ………….........……………………........ 2) …......………………………………..… 3) …………...…………………………….. 4) ………………………………….....…… 5) ……...………………………………….. have been declared duly elected to fill the seats in t he Sinlung Hills Development Council of …….…………………… (No. & Name). Date:......................................... Place : …………………………..Name & Signature of the Returning Officer - 54 - Ex-508/2017 FORM 30 [See Rule 78] CERTIFICATE OF ELECTIONI, Retur ning Officer for the elect ion to Sinlung Hills Development Council of ………………..……………… in the District of ………..…………………. hereby certify that I have on the …..…… day of ………………….. 20…..declared Pi/Pu ................................................................ Son/ Daughter/Wife of ………................................................ sponsored by ........................................................ (name of the recognised/registered political party) to have been duly elected to be a member of the Sinlung Hills Development Council of ...................................................................... in an election held on ….................................................... and that in token thereof I have granted to him/ her this Certificate of Elect ion. Date...........................................Retur ning Officer Place …………………………No. & Name of Sinlung Hills Development Council ........................... Seal FORM 31 [See Rule 79] BALLOT PAPER ACCOUNT OF RETURNING OFFICER Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… (a) Total number of ballot papers found in the Ballot Box/Boxes _________________________ (b) Total number of rejected ballot papers under Sub-rule (3) of Rule 72_________________________ (c) Total number of valid ballot papers, i.e. ballot papers which are not rejected_________________________ (d) Total number of invalid votes on all valid ballot papers_________________________ Date :..........................................Name & Signature of the Returning Officer Place :………………………….- 55 -Ex-508/2017 FORM 32[See Rule 57(2)] Register of Voters Election to the Sinlung Hills Development District Council ____________________ Constituency No. and Name of the Polling Station ___________________________ Part No. of Electoral Roll _____________________________ @ Here polling officer is required to fill up details of the identification document used by the voter e.g. last four digits of EPIC etc. Signature of the Presiding Officer Se ri al N o.Sl. No. of elector in the ele ctoral Rol lSignature/ Thumb impression of electorsR emar ks@- 56 - Ex-508/2017 APPENDIX [See Rule 45] TABLE - I : LIST OF SYMBOLS FOR RECOGNISED POLITICAL PARTIES NATIONAL PARTIESSTATE PARTIESCommunist Party of India Communist Party of IndiaNationalist Congress Party Bharatiya Janata Party Bahujan Samaj Party Indian National CongressEars of Corn and Sickle Hammer, Sickle and Star Clock Lotus Elephant HandZoram Nationalist Party (ZNP) Mizo National Front (MNF)Mizoram People’s Conference (MPC) Sun without Ray Star Electric Bulb- 57 -Ex-508/2017 TABLE - II : LIST OF FREE SYMBOLSCHEMDAWHKAN MAI CHEMTEGRAPE BALHLA LALTIN MOTORFAVAH KHUMBEUARBAWM DEKCHIHLUMBEL INIPTELEIHLAWNTUTHLAWH TUIBURKHUANGBALHLA KUNG EMPINGHACHHEKHE RAWT HMUI HNAHHNAMHREIPUI KETLILEHKHABU MAUFIANNGHAWNGKAWL NIHLIAPNO PANGPAR PENPHE IKHAWK SUAHDURPAM KHAWNVAR PAIKAWNG THINGKUNG THINGREM THINGZAINA THULTHUTTHLENGTHEIHAI TARMIT TUIT HAWLVAIBEL HMEHEN THLAWHTHEI HNA TIANGKAWM LEH BALLTALA TELEPHONESAKAWRB AKCHEHBUKNAPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 58 - Ex-508/2017
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. H. 11011/1/2013-GAD/SHDC, the 18th September, 2017.In the interest of the general public, the Governor of Mizoram is pleased to make the following rules, namely “The Mizoram (Election to Sinlung Hills Development Council) Rules, 2017”. The Rules will come into force from the date of publication in the Official Gazette. Zothankhuma, Commissioner & Secretary to the Govt. of Mizoram, General Administr ation Department. VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1939, Issue No. 508 The Mizoram (Election to Sinlung Hills Development Council) Rules, 2017 CHAPTER - I PRELIMINARY 1. Short title, extent and commencement: (1) These rules may be called The Mizoram (Election to Sinlung Hills Development Council) Rules, 2017. (2) They shall come into force from the date of their publication in the Mizor am Gazette. 2 . Definitions: (1) In these rules, except wher e it is exp ressly provided other wise or the context ot her wise requir es-a ) “Ballot box” mea ns any box, ba g or other receptacle used for the insertion of ba llot papers by vot ers; b ) “Constituency” means a Sinlung Hills Development C ouncil constituency; c ) “Contesting candida te” means a ca ndidate whose nomination has been duly accepted under rule 43 and who has not withdrawn his candidature; d ) “Corrupt pr actices” means the corrupt practice as defined in section 123 of the Repr esentation of t he People Act, 1951 (4 3 of 1951) in so far a s they are relevant to the system of Sinlung Hills Development Council election under these rules; e ) “Dis trict Election Officer” means the District Election Officer appointed or designated under rule 5; f) “District” means an administrative distr ict; g ) “Election Tribunal” means an election tribunal constituted under rule 86 and 87; h ) “Election” means an election to fill vacancy or va cancies in a Sinlung Hills Development Council; i) “Elector” means a person whose name is for the time being entered in the electoral roll; j) “Electoral Registration Officer” means the Officer a ppoint ed or designated as such under rule 6 in connection with preparation and revision of electoral rolls; k ) “Electoral Roll” mea ns a list of persons whose na mes a re registered a nd who a re entitled to vote in an election under these rules; l) “For m” means a for m appended to t hese ru les; m ) “Governor” means the Governor of Mizoram a ppointed by the President of India under article 155 of the Constitution; n ) “Polling Officer” means and officer appointed to assist the Presiding Officer to conduct election in a polling station; o ) “Presiding Officer” means an Officer a ppointed under rule 11 to conduct election in a polling station under these rules; p ) “Qualifying Date” mea ns the first da y of Ja nuary of the year in which the Electoral Roll is prepa red ; q ) “Qua lifying Period” means the year which immediately precedes the year in which the Electora l Roll is prepa red; r) “Returning Officer” means an Officer appointed or designated as such under rule 8 who shall be responsible for the proper conduct of elect ion in one or more constituencies and he may be assisted by Assistant Returning Officer; s) “Roll” means Electoral Roll; t) “rules” means The Mizoram (Sinlung Hills Development Council) Rules, 2017 as amended from time to time. u ) “State Election Commission” means the State Election Commission, Mizor am cons tituted by the State Government of Mizoram. v) “State Government” means the Government of Mizora m. CHAPTER - II STATE ELECTION COMMISSION AND APPOINTMENT OF OFFICERS 3 . State Election Commission: (1) The State Election Commission duly constituted by the State Government of Mizoram, consisting of a State Election Commissioner appointed by the Governor under article 243K of the Constitution of India read with sub-section (1) of section 345 of the Mizoram Municipalities Act, 2007 shall be vested with the superintendence, dir ection and control of the preparation of the electoral rolls for and the conduct of all elect ions to the Sinlung Hills Development Council under these r ules. (2) The State Election Commission shall co-ordinate and supervise the works of all District Election Officers in the State in t he discharge of their functions and duties under t hese rules. 4. Observers: (1) The State Election Commission may appoint a Roll Observer who shall b e an officer of the Centra l or St ate Government or P ubic Undertakings to review, supervise and monitor the preparation, or revision of electoral roll and to perform such other functions as may be entrusted to him by the State Election Commission;- 2 - Ex-508/2017 (2) The State Election Commission may also a ppoint an Election Observer(s ), who shall b e an officer of the Central or State Government or Public Undertakings to watch the conduct of election or elections in a Constituency or a gr oup of Constit uencies and to perform such other function as may be entrusted to him by the State Election Commission. The Election Observer(s) so appointed or nominated shall r eport to the S tate Election Commission and function under the direction and control of the State Election Commission. 5 . District Election Officer : (1) For each administra tive District to which these r ules extend, the State Election Commission shall appoint the concerned Deputy Commissioner as District Election Officer for the preparation of Electora l Rolls and the conduct of elections under t hese rules. (2) The State Election Commission ma y appoint Election Officer of the District Election Officer ’s office or such other Officer of t he State Gover nment a s may be necessary as Assista nt District Election Officer to assist the District Election Officer and perform such duties under his direction. (3) The District Election Officer shall also perform such other functions a nd duties as ma y be directed by the Sta te Election Commission from time to t ime. 6 . Electoral Registration Officer: (1) For each Administra tive District to which these r ules extend, the State Election Commission shall appoint or designate any officer of the State Government as Electoral Registration Officer to perform all necessary functions for the preparation and revision of elect oral rolls for all Sinlung Hills Development Council constituencies in the Distr ict. (2) The State Election Commission may designate one or mor e officers as Assistant Elect oral Registration Officer to assist the Electoral Registration Officer and perfor m duties under his direction. (3) The Elector al Registration Officer shall also perform such other functions as may be directed by the State Election Commission. (4) An Electoral Registration Officer may, subject to any pr escribed restrictions, employ such persons as he thinks fit for the prepara tion and revision of the electoral r oll for the constituency. 7 . One Officer ma y be appointed or designa ted as both Distr ict Election Officer a nd Electoral Registration Officer: Nothing in these r ules shall prevent the State Election Commission from appointing or designating one and same Officer to be both the District Election Officer and the Electoral Registration Officer for the sa me distr ict. 8 . Returning Officer and Assistant Returning Officer: (1) For every election to fill a seat or seats of a Sinlung Hills Development Council in any constituency, the State Election Commission shall appoint Sub- Divisional Officer (C), Sakawrda i to be the Returning Officer to conduct the election in the constituency. (2) The State Election Commission shall appoint any officer of the State Government to be Assistant Returning Officer to assist the Returning Officer in the conduct of elect ion in that constituency. (3) Every Assistant Returning Officer shall, subject to t he cont rol of the Returning Officer, be competent t o perfor m all or any of the functions of the Returning Officer. 9 . Returning Officer to include Assistant Returning Officers performing the functions of t he R et u rning Offic er :Allr efer ences in thes e r ules t o t he R et ur ning Officer s ha ll, u nles s the context otherwise requires, be deemed to include an Assistant Returning Officer performing any function which he is authorized to perform under Rule 8.- 3 -Ex-508/2017 1 0 . General duty of the Returning Officer : It shall be the general duty of the Returning Officer at any election to do all such acts and things as may be necessar y for effectually conducting the election in the manner provided by these rules or orders made thereunder. 11. Pr esiding Officer and Polling Officers for Polling Station: (1) The District Election Officer shall, in consulta tion with the Sta te Election Commission, appoint a Pr esiding Officer for each Polling Sta tion and such Polling Officers as may be required from amongst the employees of the Sta te Government to conduct the election in the manner provided by t hese ru les or or der s made t her e under. (2) If the Presiding Officer, owing to illness or ot her una voidable cause, is unable to perform his functions, the Polling Officer whose na me stands at s erial number one of the list of Polling Officers, shall perform the functions of the Presiding Officer, and the third Polling Officer shall be a ppointed by the Presiding Officer in-charge, from any reliable Government servant. (3) References in these rules to the Presiding Officer shall, be deemed to include the Polling Officer, who perfor ms the functions of t he Presiding Officer under sub-rule (2) of these rules. 1 2 . Duties of Presiding Officer: The Presiding Officer shall - (1) maintain order at t he Polling Station; (2) ensu re that the poll is taken fa irly and strictly in accorda nce with the provisions of t hese rules; (3) regulate the number of voters to be admitted at a ny one time inside the Polling Station and exclude there from all other pers ons except- (a ) the Polling Officer s and other sta ff engaged on polling duty; (b) the Candidates, Election Agents and the Polling Agents; (c ) Public Servants including Police personnel on duty; (d) a child-in-arm accompanying a voter; ( e) a companion of illiterate or blind or infirm elector; (f) observers appointed by the State Election Commission; (g) persons authorized by the State Election Commission such as media persons. 13 . Duties of Polling Officers and other Staff: (1) It shall be the duty of the Polling Officers a t a Polling Sta tion to issue Ballot Papers to electors according to the pr ovisions of rule 57 and to mar k on the left forefinger of t he electors to whom ballot papers are issued, and to assist the Presiding Officer as may be required by him. (2) For the purpose of sub-rule (1), the Polling Officers shall be pr ovided with- (a) a sufficient number of Ballot Papers; (b) the Electora l Roll of the constituency; (c) a stamp pad as may be required for taking thumb impression of illiterate elector under sub-rule (2) of rule 57 and; (d) other articles or forms which may be required. (3) The other staff appointed, if any, in a Polling Station shall perform such functions a nd duties as may be assigned to them by the Presiding Officer. 14. Functions of the Returning Officer and the Presiding Officer: (1) The Returning Officer shall funct ion under the control and supervision of the District Election Officer and shall perform such functions and duties a s may be directed by the Sta te Election Commission or the District Election Officer. (2) The Presiding Officer shall funct ion under the control and supervision of the Returning Officer and shall perform such functions and duties as may be directed by the District Election Officer or t he Retur ning Officer, as the case may be.- 4 - Ex-508/2017 15. Observer, District Election Officer, Electoral Registration Officer, Returning Officer etc deemed to be on deputation to the State Election Commission: The O bs er ver, Dis tr ic t Election Officer, Electoral Registration Officer, Returning Officer etc referr ed to in Chapter - II, and any other officers or sta ff employed in connection with the preparation, revision and cor rection of electoral rolls for, and t he conduct of, all elections shall be deemed to be on deputation t o the State Election Commission for the period during which they ar e so employed and such officers and staff shall, during that period, be subject to t he cont rol, superintendence and discipline of the State Election Commission. CHAPTER – III ELECTORAL ROLL 16. Electoral Roll for every Constituency and adoption of electoral roll of the Assembly Constit uency: (1) For every Sinlung Hills Development Council Constituency, there shall be prepared an electoral roll in accordance with the provisions of these rules. (2) Notwithstanding anything contained in these rules, the State Election Commission may prepare the elector al rolls of Sinlung Hills Development Council without conducting an enumeration by adopting the last published electoral rolls of the Assembly Constituencies prepared for the purpose of election t o the State Legislative Assembly under the provisions of the Representation of the People Act, 1950 (Act 43 of 1950) as draft roll or mother roll. (3) The elector al roll of Assembly Constituency as a dopted under sub-rule (2) shall be divided into separate parts for each Sinlung Hills Development Council Constituency and all electors included in the elect oral roll for the Assembly Constituency relating thereto shall be incorporated in the electoral roll of the Sinlung Hills Development Council Constituency concerned. 17. Preparation and Revision of Electoral Roll: (1) Notwithstanding anything contained in rule 16, the roll shall be revised either intensively or summarily or partly intensively and partly summa rily as the Sta te Election Commission may direct. (2) The Elector al Roll for every constituency shall be pr epared with reference to the qualifying date before each general election or mid-term or by-election to the Sinlung Hills Development Council. The Electoral Roll so prepared and published in accorda nce with the provisions of these rules may be referr ed to as the mother roll of the constituency. (3) The Elector al Rolls under these r ules need not be revised annually or summar ily as a matter of cour se. However, if in the opinion of the State Election Commission there is sufficient reason to do so, it may, by a notification, order that the Elector al Roll or rolls of particular constituency or constituencies shall be revised summa rily at any time of the year other than the year before or during which the Election to Sinlung Hills Development Council was conducted. (4) For the purpose of sub-rule (3), r e-election of a dissolved Sinlung Hills Development Council to rest ore the Sinlung Hills Development Council for rema ining period of the general term, or by- election to fill casual vacancy in a Sinlung Hills Development Council at a ny time, shall not normally be counted as a sufficient reason for ordering summar y revision. (5) Summa ry revision under sub-rule (3) sha ll be done in such a way that the Electoral Registr ation Officer sha ll, by r eference to the mother roll, invite claims a nd objections and dispose them of in the manners as provided under these r ules, and shall publis h a lis t of amendments containing additions or deletions or both showing the yea r of such revision, a nd shall append the lists to the mother roll. The mother roll together with such lists of additions or deletions or both appended to it, shall become the Electoral Roll of the constituency.- 5 -Ex-508/2017 18 . Disqualifications for registration in an Electora l Roll: (1) A person shall be disqualified for registration in an Electoral Roll if he (a ) is not a Citizen of India ; or (b) is not a member of a Scheduled Tribe or (c ) is not a permanent resident of the area or is of unsound mind standing so declared by a competent cour t; or (d) is for the time being disqualified from voting under the provisions of any law relating to corr upt pra ctices a nd other offences in connection with elections. (2) The name of any person who becomes so disqualified after having been registered in an Electoral R oll shall forthwith be struck off from the Electora l Roll in which it is registered. (3) Notwithsta nding anything contained in clause (b) of sub-rule (1), permanently resident Gorkhas and their direct descendants as notified by the State Government, who are not otherwise disqualified, shall be entitled to be registered in an Electoral Roll. 1 9 . No person to be r egistered in more tha n one constituency: No person shall be entit led to be registered in the Electora l Roll for more than one cons tituency at a time. 2 0 . No person t o be r egistered more than once in a ny constituency: No person shall be entitled to be registered in the Electoral Roll for any constituency mor e than once. 21. Conditions of Registration: (1) Subject to the provisions of for egoing r ules in this chapter, every person who- (a ) is not less than eighteen years of age on the qualifying date, and (b) is a permanent res ident of the area shall be entitled to be r egistered in the Elect oral Roll for that Constituency. (2) For the purpose of clause (b) of sub-rule (1), the expression“Ordinarily Resident” shall have the same meaning as assigned to it by section 20 of The Representation of the People Act, 1950 (43 of 1950). 2 2 . Making false declaration:If a ny person makes any false decla ration in connection with:- (a ) the prepara tion, r evision or cor rection of an elector al roll, or (b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writ ing which is fa lse and which he either knows or believes to be fa lse or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 23. Order of Names: (1) The name of Elector in each roll shall be arranged so far as pra cticable according to house number of the mother roll. (2) The names of electors in each part of the roll shall be numbered, so far as practicable, cons ecutively with a sepa rate series of numbers beginning with the number one. 24 . Electoral Roll not be divided in parts: (1) The Elector al Roll of a Sinlung Hills Development Council constituency shall not be divided in parts but shall be numbered consecutively beginning fr om the number one. (2) Wher e there are different localit ies in a constituency, the Electora l Registration Officer may direct to enter the names of the elector s in the locality wise by dividing into sections. T his, however, shall not be compulsory but shall be left at the free discretion of the Electoral Registr ation Officer. In any case, the serial numbers of the electors shall be cons ecutive a ll t hrough.- 6 - Ex-508/2017 25 . Access to certain registers: For the purpose of preparing elector al roll or deciding a ny claim or objection to electoral roll, the Elector al Registration Officer and a ny person employed by him for the purpose sha ll have access to any Register of births a nd deaths and to the admission register of any educational institution, a nd it shall be the dut y of every person in charge of any such register to give to the said officer or person such information and such extract s from the said register as he may requir e. 26 . Publication of Electoral Roll in draft: As soon as the Electoral Roll for a constituency is ready, the Elector al Registration Officer shall publish it in draft, by making a copy thereof available for inspection a nd displaying a notice inForm 1- (a ) at his Office, and (b) at such place in the constituency a s may be specified by him for the purpose. 2 7 . Fur ther publicity t o the dr aft roll and not ice:The Elector al Registration Officer shall also- (a ) make a copy of each draft r oll with a copy of the notice inForm 1 available for inspection at a specified place accessible to the public and in or near the constituency to which the draft roll relates; (b) give such further publicity to the notice inForm 1 as he may consider necessary; and (c ) supply free of cost two copies of each draft r oll to every P olitica l Party recognised by the Election Commission of India. 2 8 . Period for lodging claims and objections: Every claim for the inclusion of a na me in the roll and ever y object ion to an entry therein shall be lodged within a period of seven da ys from the date of publication of the roll in draft under rule 26: Provided that the State Election Commission may by a notification extend the period not exceeding seven days in respect of a distr ict as a whole or in r espect of any constituency. 29 . Form for cla ims and objections: (1) Every claim shall be inForm 2and signed by the person desiring his name to be included in the roll. (2) Every objection to the inclusion of a name in the roll shall be inForm 3and preferr ed only by a person whose name is alr eady included in the roll in which the name objected to appears. (3) Every objection to a particular or particu lars in an entr y in the roll s hall be inForm 4 and preferred only by the per son to whom that entry relates. 30 . Ma nner of lodging cla ims and object ions: Every claim and objection shall- (a ) either be presented to the Electoral Registration Officer or to any person employed by him in this behalf who sha ll forward it with such remarks as he considers proper to the Electoral Registration Officer; or (b) be sent by p ost to the Electoral Registration Officer. 3 1 . Disposa l of claims and objections: T he Elect oral Registration Officer shall- (a ) ensure that all cla ims and objections received after dra ft publication within the prescribed time period are duly disposed of in accordance with law and directions or instructions of the State Election Commission; (b) reject any claim or objection that is not lodged within the period or in the Form and ma nner specified under rule 30; (c ) hold a summa ry enquiry into every claim or objection in respect of which a notice has been given and shall record his decis ion thereon. At the hearing, claimant, or a s the case may be,- 7 -Ex-508/2017 objector and the person objected to and a ny other person, who, in his opinion, is likely to be of assistance to him, shall be entitled to appear and to be heard; (d) record not only his decision in each case but also brief reasons for the decision; ( e) dispose of all the claims and objections within thirty days from the last date of the period for lodging such claims and objections under rule 28; (f) communicate his decision to every applicant within 24 hours from the date of order made by him to enable the applica nts whose applications are rejected to file their appeals within the stipulated period of fifteen days. 32 . Final publication of electoral roll: (1) The Electoral Registration Officer shall thereafter- (a ) prepare a list of a mendments to carry out his decisions under rule 31 and to correct any clerical or printing errors or other inaccuracies subsequently discovered in the r oll; (b) publish the roll, together with the list of amendments by making a complete copy thereof available for inspection and displaying a notice inForm 5at his office; and (c ) subject to such genera l or special dir ections as may be given by the State Election Commission, supply free of cost, two copies of the roll, as finally published, with the list of amendments, if any, to every political party for which a symbol has been exclusively reserved by the Election Commission of India. (2) On such publication, the r oll together with the list of amendments if a ny, sha ll be t he elect oral roll of the constituency. (3) Where the roll, together with the list of amendments, becomes the electoral roll for a constituency under sub-r ule (2) the Electoral Registra tion Officer may, for the convenience of all concerned, integrate, subject to any general or special directions issued by the State Election Commission in this behalf, the list in to the basic roll by incor porating inclu sion of names, amendments, deletion of entries in the relevant par ts of t he basic roll itself, so however that no change shall be made in the process of s uch int egration in the name of any elector or in any particulars relating to any elector, a s given in the list of amendments. 33. Appeals from orders deciding claims and objections: (1) An appeal shall lie in the decision of the Electoral Registration Officer under rule 31 to such officer of Government as the State Election Commission may designate in this behalf (hereinafter referred to as the Appella te Offic er): Provided tha t an appeal shall not lie where the person desiring to appeal has not ava iled himself of his right to be heard by, or to make representations to t he Electoral R egistra tion Officer on the matter which is the subject of appeal. (2) Every appeal under sub-rule (1) shall be- (a ) in the form of a memorandum signed by the appellant and a ccompanied by a copy of the order appealed against and a fee of Rs.10 (Rupees ten) to be paid- (i) by means of non-ju dicial stamps, or (ii) in such other manner as may be directed by the Sta te Election Commission, and (b) presented to the Appellate Officer within a period of seven days from the date of announcement of the decision of the Elect oral Registration Officer or sent to that officer by r egistered post so as to reach him within t hat period. (3) The present ation of an appeal under this rule shall not have the effect of staying or postponing any action to be ta ken by the Electoral Registration Officer under rule 32. (4) Every decision of t he Appellate Officer shall be final; but in s o far a s it reverses or modifies a decision of the Electoral Registration Officer, shall take effect only fr om the date of the decision in appeal.- 8 - Ex-508/2017 (5) The Elector al Registration Officer shall cause such a mendments to be made in the roll as may be necessar y to give effect to the decisions of the appellate officer under this Rule. 34 . Br each of officia l duty in connection with the prepar ation etc, of elector al rolls: (1) If any Electoral Registration Officer, Asst. Electoral Registration Officer or other person required by or under this rule to perform a ny official dut y in connection with the prepa ration, revision or corr ection of an electoral roll or inclusion or exclusion of any entry in or from such elect oral roll is, without reasonable cause, guilty of any act or commission in breach of such official duty, he shall be punisha ble with fine which may extend to five hundred rupees; (2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid unless there is a complaint made by an order of, or under the authority from the State Election Commission or the District Election Officer concerned. CHAPTER IV NUMBER OF VACANCIES, ELECTION NOTICE, NOMINATIONS, SCRUTINY AND SYMBOLS 35 . Publication of Constit uency numbers and vacancies: Immediately after the publication of fina l electoral rolls under rule 3 2 or 33, the S tate Election Commission, in consulta tion with the S tate Government, shall publish a list of Sinlung Hills Development Council Constituency for which election is to be held, and give each village a distinctive village number and showing number of vacancies to be filled in each by such election. 36 . Notifica tion for Genera l Election to Sinlung Hills Development Council: (1) A general election to Sinlung Hills Development Council shall be held on or before the expiry of t he duration of the exis ting Sinlung Hills Development Council or on their dissolution, if any, and the Sta te Election Commission shall call upon every cons tituency to elect members of the Sinlung Hills Development C ouncil in accor dance with these rules within such time as ma y be specified in such notification. (2) For the pur pose of holding elections to fill or dinary or casual vaca ncies, the Sta te Election Commission shall by a notification in the Officia l Gazette, appoint– (a ) the last da te for making nominations which sha ll be t he seventh day after the date of publication of the first mentioned notification or, if that is a public holida y, the next succeeding day which is not a public holiday; (b) the date for the scrutiny of nominations which s hall be the day immediately following the last date for making nominations or, if t hat day is a public holiday, the next succeeding day which is not a public holiday; (c ) the last da te for the withdrawal of candidature, which shall be the second da y after the date for the scrutiny of nominations or, if tha t day is a public holiday, the next succeeding day which is not a public holiday; (d) the date of poll shall, if necessary, be a date not ear lier than the twenty first da y after the last date for the withdra wal of candidatures; and ( e) the date before which the election process shall be completed. (3) (a ) Wher e genera l election is to be held otherwise on the dissolution of the existing Sinlung Hills Development Council, no such notification shall be issued earlier than 6 months prior to the date on which the duration of the Sinlung Hills Development Council would expire. (b) When a Sinlung Hills Development Council is dissolved, election to constitute the Sinlung Hills Development Council for the remaining period of the fixed tenure, shall be completed before the expiry of 6 months fr om the date of its dissolution:- 9 -Ex-508/2017 Provided that where the period for which such dissolved Sinlung Hills Development Council would have continued is less than six months, it shall not be necessary to hold any election to constitute the Sinlung Hills Development Council for the remaining period. 37. Timeline for issue of notification: (1) The period b etween announcement of schedule of elections to the Sinlung Hills Development Council by the State Election Commission and issue of notification for the elections to the Sinlung Hills Development Council by the State Election Commission shall not exceed five days. (2) The notification for election to Sinlung Hills Development Council shall be issued on a date, giving time not less than seven days ahead of the date appoint ed for the last date of filing of nomina tions. (3) The date or dates of poll shall be fixed, leaving at least twenty one days between the date fixed for withdra wal of candidature and actual date of poll, for pr eparation of ba llot boxes, ba llot papers and other election materials. 3 8 . Public notice of intended election and time of nominations: On the issue of a notification by the State Election Commission under rule 36, the Retur ning Officer shall, inForm 6, give public notice of the intended election inviting nominations of candidates for such election and specifying the place at which the nomina tion pa pers ar e to be delivered. 39 . Qualifications of candidates: Every person who is of the age of 25or a bove whose name is registered in the elector al roll of the Sinlung Hills Development Council concerned under rule 17 of these rules and who is not disqualified, by any other Acts in force or these rules, to be a member of Sinlung Hills Development Council shall be qualified to be a candidate for elect ion. 40 . Filing of nomination: Any person who is qualified to be a candida te under rule 3 9may offer himself as a candidate and file his own nomination duly countersigned by an witness , who is an elector of the constituency, inFor m 7and deliver it in person or by his representative at the appointed place and within the appointed date under Rule 36 and 38, between the hours of eleven O’clock in the forenoon and three O’clock in the afternoon: Provided that no nomination paper shall be delivered to the Returning Officer on a day which is a public holiday. 41. Security deposit, refund or forfeiture: (1) A ca ndidate shall deposit a security deposit ofrupees one thousa ndalong with his nomina tion paper which shall be refunded to him at once in the case of his withdrawing the candidature, or as early as possible after the conclusion of the election unless he forfeits t he deposit. (2) The Returning Officer sha ll issue to the candidate a r eceipt inForm 8which shall be t aken back from him in the case of refund of t he deposit. (3) The securit y deposit of a candida te shall be for feited to the State Government if at an election to fill one vacancy the ca ndidate is not elected and the number of va lid votes polled by him is less than one-sixth of the total number of valid votes polled by all candida tes; 42 . Scrutiny of nominations: (1) On the date appoint ed for the scr utiny of nomina tions under rule 36 a nd 38, the candidates and one person duly authorized in writ ing by each candidate, but no other person, may attend at such place a nd time as the Returning Officer may appoint for such scrutiny. The Retur ning Officer shall give them a ll reasonable facilities for examining the nomina tion pa pers of all candidates which ha ve been delivered in time.- 10 - Ex-508/2017 (2) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds: (a ) that the candidate is either not qualified or disqualified for being elected as a member of Sinlung Hills Development Council under the provisions of any Act or of these Rules; or (b) that there has been a failure to comply with the provisions of rule 40 or Rule 41 ; or (c ) that the signature of the candidate/thumb impression on the nomination paper is not genuine: Provided that the nomination of a candidate sha ll not be rejected merely on the gr ound of a ny incor rect description of his name or of any other particulars relating to the candidate as entered in t he electoral r oll, if the identity of the ca ndidate, as the case may be, is otherwise established beyond reasonable doubt. (3) The Returning Officer shall endorse on each nomination paper, his decision, accepting or rejecting the same and, if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection. The scrutiny shall be completed on the date appointed in this behalf and no adjournment of the proceedings shall be allowed except where such proceedings are interrupted or obstructed by riot or open violence or for causes beyond the control of the Returning Officer: Provided tha t in ca se an objection is made, the candidate concerned ma y be allowed time to rebut the same not later than the next day and the Returning Officer shall record his decision on the date to which the proceedings ar e adjour ned. (4) Immediately after all the nomina tion pa pers ha ve been scrutinized and decisions a ccepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of validly nominated candidates, tha t is to say, candidates whose nominations have been found valid, and affix it to his notice boar d.Form 9 “List of validly nominated candidates” shall be arra nged under thr ee ca tegories- (a ) Candidates of recognized nationa l parties and state political parties: (b) Candidates of registered P olitical Parties other than those recognised Nationa l and State Political Par ties. (c ) Other (Independent) candidates. 43. Withdrawal of candidature: (1) Any candidate may withdraw his candidatur e by a written notice inForm 10 and subscribed by him and deliver ed befor e three O’clock in the afternoon on the la st date fixed under clause (c) of sub-rule (2) of rule 36for such withdrawal, to the Returning Officer either by such candidate or any person authorized by him in writing in that behalf. T he Returning Officer shall normally accept such withdrawal and refund the security deposit to the withdrawing candidate. (2) No person who has given a notice of withdrawal of candidature under sub-rule(1) shall be allowed to cancel the notice. 44. Election without contest: If, after the scrutiny of nominations or expiry of the period within which candidatures may be withdrawn, the number of valid candidates is equal to the number of vaca ncy to be filled, the Returning Officer shall forthwith declare the validly nominated candidate elected without cont est. 45. Allotment of symbols and publication of list of contesting candidates: (1) In every contested election under these rules, a symbol sha ll be a llotted to all contesting candidates.- 11 -Ex-508/2017 (2) If, immediately aft er the expiry of the period within which candidatur es may be withdrawn under sub-rule (1) of rule 43, the number of validly nominated candidates is more than the number of vacancies to be filled for a Sinlung Hills Development Council, the Returning Officer shall forthwith consider the allotment of symbols to those contesting candidates who have not withdrawn their ca ndidatures. (3 ) For the pur pose of these rules,symbolsare either “reserved” or “free” as shown in Table-I and Table-II respectively in the Appendix. A reserved symbol is a symbol which is reserved for recognized political party for exclusive allotment to a contesting candidate or candidates set up by that party. A free symbol is a symbol other than a reserved symbol. (4) For the purposes of these rules, a recognized political party means a political party as may be recognized by the Election Commission of India as a National Party or a State Party of Mizoram as on the da te of notifica tion under rule 36. (5) Subject to the provisions of sub-rule(3), a candidate set up by a recognized political party shall be a llotted the symbol res erved for tha t par ty a nd no ot her symbol. (6) Subject to the provisions of sub-rule (3), a ca ndidate set up by a r egistered but unrecognized political party sha ll be given a preference of choosing any symbol out of the symbols specified as “Free symbols”. (7) Any candida te other than a candidate of a recognized or a registered but unr ecognized polit ical party shall choose and be allotted one of the symbols specified as “free symbols”. If the choices come into conflict, the Returning Officer shall a llot” s ymbols in conformity, as far as possible, with the wishes of the ca ndidate and, if necessary, b y draw of lot and his decision shall be final. (8) Each candidate or his election agent sha ll forthwith b e infor med of the symbol allotted to the candidate and shall be given a specimen thereof. (9) A ca ndidate shall be deemed to be set up by a recognized political party if- (a ) the candidate has made a declaration to that effect in his nomination pa per; (b) a notice in writing inF or m 11 to that effect has, not later than 3:00 p.m. on the last date of withdrawal of candidatures, been delivered to the Returning Officer; and ( c ) the said notice is signed by t he Pa rty President of t he recognized political par ty. (10) A ca ndidate shall be deemed to be set up by a r egistered but unrecognized political party if – (a ) the candidate has made a declaration to that effect in his nomination pa per, (b) a notice in writing inF or m 11to t hat effect has, not later than 3:00 p. m. on t he last date of withdrawal of candidatures, been delivered to the Returning Officer, ( c ) the said notice is signed by the President of the registered but unrecognized political party, and ( d ) a copy of the letter registering the said political party by the Election Commission of India is enclos ed. (11) The Returning Officer shall then prepare a list inForm 12 of all contesting candidates with their distinctive symbols and display it on the wall of Polling Station and also in two or more cons picuous places in the constituency. (12) The list sha ll cont ain the names of contesting ca ndidates as prescribed in their nomina tion papers in a lphabetical or der and in the same order as specified below:- (a ) candidates of recognized political parties; (b) candidates of registered political parties with a reser ved symbol; (c ) candidates of registered political parties without a reserved symbol; (d) independent candidates. 4 6 . Death of ca ndidate:If a candida te who has been duly nominated under these r ules died after the date fixed for scrutiny of nomina tions and seven days before commencement of poll, the Retur ning Officer shall, on confirmation of the fact of such death, report the fact to the State Election Commission. The State Election Commission sha ll direct the Returning Officer to call upon the sponsoring Political Party to make fresh nomination.- 12 - Ex-508/2017 CHAPT ER V CONDUCT OF ELECTION 47 . Polling Station: (1) One or more Polling Station shall be set up for each constituency depending upon the number of electors in the Electora l Roll of the constituency. At each Polling Station, there shall be set up one or more voting compartments in which electors can cast their votes free from observation. (2) The District Election Officer shall provide at each polling station- (a ) a ba llot box or boxes as may be necessary with r eference to the number of electors assigned to it; (b) marked copies of the Electoral Roll of the constituency; (c) ballot papers; (d) materials for making voting compartments; (e) arrow cross mark rubber stamp to mark ballot papers; (f) distinguishing mark rubber stamp; (g) seal of Presiding Officer; (h) indelible ink; (i) statutory a nd non-statutory forms, other papers and stationery. (j) register of voters. (3) Outside each Polling Station, there shall be displayed prominently- (a ) A copy of the list of contesting candidates and their distinctive symbols inForm 12. (b) A notice specifying the polling area; and (c ) A notice showing the hou rs of p oll. 48. Appointment of Election Agent, Polling Agents and Counting Agents: (1 ) Election Agent: (a ) A ca ndidate at an election may appoint one person other than himself to be his Election Agent and when any such a ppointment is made, notice of the a ppointment sha ll be given inForm 13 to the Retur ning Officer. (b) Any person, who is, for the time being disqualified under these rules for being a member of a Sinlung Hills Development Council, shall be disqualified for being an Election Agent at a ny election. (c ) The notice for appointment of an Election Agent s hall be inForm 13and such notice with 2 copies shall be for warded to the Returning Officer and subject to the conditions of clause (a) & (b), the Returning Officer shall return one copy thereof to the Election Agent after affixing thereon his seal and signature. (d) An Election Agent may perform such functions in connection with the election as are authorized by or under these rules to be perfor med by an Election Agent. ( e) Any revocation of t he appointment of an Election Agent inForm 14, shall be signed by the candida te, and shall operate from the date on which it is lodged with the Retur ning Offic er. (2 ) Polling Agent: (a ) The number of Polling Agents that may be appointed by a Contesting Candidate or his Election Agent, sha ll, in respect of each Polling Station, be one agent and a r elief agent. (b) Every such appointment of Polling Agent shall be made inForm 15and the Polling Agent shall deliver it to the Presiding Officer. (c ) No P olling Agent shall be admitted to the Polling Station unless he has delivered to the Presiding Officer the order of his appointment under sub-rule(2)(b) after duly completing and signing before the Presiding Officer the declaration contained therein.- 13 -Ex-508/2017 (d) Any revocation of the appointment of a Polling Agent inForm 16 sha ll be signed by the Candidate or his Election Agent and sha ll operate from the date on which it is lodged with the Pr esiding Officer, and in the event of such a revoca tion or of the death of a Polling Agent befor e the close of the poll, the Candidate or his Election Agent may appoint another Polling Agents as provided under clause (b) a t any time before the poll is closed. (3 ) Counting Agent: (a ) A Contesting Candidate or his Election Agent may appoint one or mor e persons, but not exceeding such number as may be pr escribed by the State Election Commission, to be present as his Counting Agent or Agents at the counting of votes, and when any such appointment is made notice of the appointment inForm 17shall be given, to the Retur ning Officer. (b) Any revocation of the appointment of a Counting Agent shall b e signed by the Candidate or his Election Agent inForm 18and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such revocation or of the death of a Counting Agent before the commencement of the counting of votes, the Candidate or his Election Agent may appoint another Counting Agent as per clause (a) of sub-rule (3) of r ule 48 at any time before the counting of votes is commenced. (4 ) Functions of Polling Agents and Counting Agent: (a ) A Polling Agent may perform such functions in connection with the poll as are authorised by or under these r ules, to be per formed by a Polling Agent; (b) A Counting Agent ma y perfor m such functions in connection with the counting of votes as a re authorised by or under these rules to be performed by a Counting Agent; ( 5 ) Attendance of a Contesting C andida te or his Election Agent a t Polling St ations, and performa nce by him of the functions of a polling agent or cou nting agent: (a ) At every election where a poll is taken, each Contesting Candidate at such election and his Election Agent shall have a right to be present at a ny polling sta tion provided under rule 47for the ta king of the poll. (b) A Contesting Candidate or his Election Agent ma y himself do a ny act or thing which any Polling Agent or the Counting Agent of such Contesting Candidate, if appointed, would have been a uthorised by or under these rules to do, or may assist any Polling Agent or the counting agent of such Contesting Ca ndidate in doing any such act or thing. ( 6 ) Non-attendance of polling or counting agent:Where any act or thing is required or authorised by or under these rules to be done in the pr esence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appoint ed for the pur pose shall not, if the a ct or thing is otherwise duly done, invalidate the act or thing done. 49 . Fixing the time of Poll:The State Election Commission shall fix the hours dur ing which the poll will be taken and t he hour s so fixed shall be published by notification in the Official Gazette: Provided that the total period allotted on any one day for polling shall not be less than eight hours in between7:00 A.M to 5:00 P.M. 50. Method of Voting: (1) At every election where a poll is taken under these rules, votes shall be given by ba llot and no votes shall be received by pr oxy. (2) Save as otherwise provided, all electors voting at an election shall exercise their franchis e in person at the Polling Station provided under rule 47. - 14 - Ex-508/2017 51 . Ballot Box: (1) There shall be a single ballot box for all contesting ca ndidates at each polling station. A ba llot box shall be made of strong materials such as p lastic, wood, iron and shall be constructed in such a way that ballot papers can be inserted therein but cannot be withdrawn there-from without the box being unlocked. T he Ballot Box shall be duly approved by Sta te Election Commission. (2) Every ballot box u sed at a Polling Station shall bear label outside and marked with the number & na me of the Constituency, and the seria l number of the Polling Station if more than one Polling Station are set up for one Sinlung Hills Development Council C onstituency. (3) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the contesting candidates, polling agents and other persons who are present that the ballot box is empty and bears the labels referred to in sub-rule (2). (4) The ballot box shall then be clos ed, sealed and secured and pla ced in full view of the Presiding Officer and the Polling Agents. 52. Ballot Papers: (1) Every ballot paper shall be inForm 19with a counterfoil portion and sha ll provided a space for signatur e or thumb impr ession of elector just a bove t he wor ds“Signature or Thumb Impression” on the right hand side. (2) On each ba llot paper the names of all contesting candidates shall be printed with their respective symbols in the order in which their names a re publis hed under sub-rule (12) of rule 45 inForm 12. (3) The ballot papers shall be serially numbered and shall be stamped on their reverse by such distinguishing marks, so that the determination of a ballot paper as the original part of a counterfoil can be determined or in such a manner as the State Election Commission may direct from time to t ime. 53 . Pr ocedur e for voting by a voter on election duty: (1) A voter on election duty, who wishes to vote, shall, at least five days befor e the date of poll, appr oach the District Election Officer concerned and make an application inForm 20for the issuance of the ballot paper in order to enable him to cast his vote as may be prescr ibed by the State Election Commission. (2) The District Election Officer shall, on being satisfied as to the identity of such voter on production of the letter of appointment in connection with t he elect ion- (a ) have the person’s name ma rked in the electora l roll; and (b) issue to such voter a ballot paper and permit him to vote on the sp ot with instrument provided for the purpose. (3) After recor ding his vote, such voter sha ll make over the ballot paper to the District Election Officer in a sealed cover for onward dispatch to the Returning Officer concerned. (4) The District Election Officer shall keep the counterfoil of such ballot paper in a separate sealed cover and keep the cover containing the ballot paper in his sa fe custody. 54 . Challenging of identity: (1) Any Polling agent may challenge the identity of a person claiming to be a pa rticular elector by first depositinga sum of rupees hundr ed in ca shwhich is not refundable with the Presiding Officer for each such challenge. (2) In t he case of challenge ma de under sub-rule (1) t he Presiding Officer shall— (a ) warn the person cha llenged of the penalty for impersonation; (b) read the relevant entry in the electoral roll in full and ask him whether he is the person refer red to in that entry;- 15 -Ex-508/2017 (c ) enter his name and address in the list of cha llenged votes inForm 21; a nd (d) require him to affix his signatur e in the said list. (3) The Presiding Officer sha ll thereafter hold a summary inquir y into the cha llenge and may for that purpose,- (a ) requ ir e the challenger to a dduce evidence in proof of the challenge and the person challenged to adduce evidence in pr oof of his identity; (b) put to the person challenged any questions necessary for the purpose of establishing his identity and requir e him to answer them on oath; and (c ) administer an oath to the person challenged and any other person offering to give evidence. (4) If, after the inquiry, the Presiding Officer cons iders that the challenge has not been established he shall allow the person challenged to vote; a nd if he considers that the challenge has been esta blished, he shall debar the person cha llenged from voting. 55. Safeguards against impersonation: (1) Every elect or about whose identity the Presiding Officer or the Polling Officer, as the case may be, is satisfied with, shall allow his left forefinger to be inspected by the Presiding Officer or Polling Officer and indelible ink mar k to be put on it. (2) If a ny elect or refuses to allow his left forefinger to be inspected or marked, in accordance with sub-rule (1) or already has such a mark on his left forefinger or does any act with a view to removing the ink ma rk, he shall not be su pplied with any ballot paper or allowed to vote. (3) Any reference in this rule to the left forefinger of a n elect or shall, in the case where the elector has his left forefinger missing, be constr ued as a refer ence to any other finger of his left hand, and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or a ny other finger of his right hand, and sha ll, in the case where all his fingers of both the ha nds are missing, be construed as a r eference to such extremity of his left or right arm as he possesses. 56.Identification of electors: (1) As each elect or enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf sha ll check the elector ’s name and other particulars with t he relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elect or. (2) Every elector shall produce identity card issued to him under t he provisions of the Registra tion of E lectors Rules, 1960 ma de under the Represent ation of the People Act, 1950 or any such documents as may be specified, by order, by the State Election Commission before the Presiding Officer or the Polling Officer a uthorized by him in this behalf, in order to esta blish his identity at the polling station. (3) In deciding the right of a person to ca st his vote, the Presiding Officer or the P olling Officer, as the case ma y be, shall over look the clerical or print ing err ors in an entry in the electoral roll if he is satisfied tha t such person is identical wit h the elector to whom such entry relates. 57. Issue of ballot papers: (1) Before any ballot paper is delivered to a n elect or, the Presiding Officer sha ll sign his name in full on the back of the ba llot pa per. (2) At the time of issuing a ballot paper to the elector, the signature or thumb impression of the elector shall be taken on the counterfoil of the ballot paper. No ballot paper shall be delivered to the elector unless he puts his signature or thumb impression on the counterfoil of the ballot paper. Before permitting an elector to vote, the Polling Officer shall record the Electoral Roll number of the elect or as entered in the marked copy of the Electoral Roll in a register of Voters inForm 32.- 16 - Ex-508/2017 (3) After the elector put his signature or thumb impression as at sub-rule (2), the Polling Officer shall recor d on the counterfoil, the serial nu mber of the elector a s at the electoral roll and then deliver the ballot paper to the elector. (4) The Polling Officer in-charge of the ma rked copy of the elect oral roll shall mark the name of the elector in the marked copy by underlining the entry, and if elector is a female, put a tick mark also on the left hand side of the name of the elector. (5) No person in the polling station shall be allowed to note down the serial number of b allot paper issued to a particular elector. (6) Each elector shall be given only one ballot paper for each election. Every elector to whom a ballot paper has been issued shall maint ain secrecy of voting and for that purpose observe the voting procedure her einafter laid down. 58. Voting pr ocedure: (1) On r eceiving the ballot paper, the elector shall- (a ) forthwith proceed to the voting compartment and there, with the aid of the instruments supplied for the purpose, mark t he ballot paper on or near the symbol of the Candidate for whom he intends to vote; and (b) fold the ballot paper first vertically and then horizontally so as to conceal his vote and put it into the ballot box kept for the purpose. (2) Every elector shall vote without a ny undue delay and sha ll quit the Polling Station a s soon a s he has voted. (3) No elector shall be allowed to enter a voting compartment when another elector is inside it. (4) If an elector to whom a ballot paper has been issued, refuses aft er warning given by the Presiding Officer to observe the procedur e laid down in sub-rule (1), the ballot paper issued to him shall, whether he has recorded his vote therein or not, be taken back from him by the Presiding Officer or Polling Officer under the direction of the Presiding Officer. (5) After the ballot paper has been t aken ba ck, the Presiding Officer shall record on its back the words “Cancelled-Voting procedure violated” and put his signature below these words. (6) All the ballot papers on which the words “ Cancelled-Voting procedure violated” are recorded shall be kept in t he cover for unused ballot pa pers, a nd shall in no way be counted as votes. 59 . Mar king of ballot paper in excess or deficit: (1) If a ny elect or gives votes on ballot paper in favour of more candidates than the vacancy or vaca ncies for filling which the election is held, then at the counting of votes, his vote shall be inva lid and reject ed as void. (2) If a ny elector gives on t he ballot paper in fa vour of less candidates than the vacancies for filling which the multiple election is held, his vote shall be valid and counted at the counting of votes. 60 . Recording of votes of illiterate or blind or infir m electors: (1) If the Presiding Officer is satisfied that owing to old age or blindness or other physica l infir mity or illiteracy, an elector is unable to recognize the names of the contesting candidates and their symbols on the ballot paper or to make a mark thereon, the Pr esiding Officer shall permit the elector to take with him a companion of not less than eighteen year s of a ge to the voting compartment for recording t he vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary, for folding the ballot paper so as to conceal the vote and inserting it into the ballot box: Provided tha t no person sha ll be permitted to act as the companion of more than one elector at a ny Polling Station on the same day;- 17 -Ex-508/2017 Provided fur ther that befor e any person is permitted to act as the companion of an elec tor under this rule, the person sha ll be required to decla re inForm 23 tha t he will keep secr et the vote recorded by him on behalf of the elector and that he has not already acted as the companion of a ny other elector at any Polling Station on that day. (2) The Presiding Officer shall keep a record inForm 23 of all such cases under this Rule. 61. Spoilt and returned ballot papers: (1) An elector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as ballot paper may on returning it to the Pr esiding Officer or Polling Officer and on satisfying him of t he inadvertence, be given another ballot paper and the ballot paper so retur ned sha ll be mar ked“Spoilt – cancelled” by Presiding Officer. (2) If a n elect or after obtaining a ballot paper desires not to us e it he shall return it to the Presiding Officer or P olling Officer a n d t he b a llot p a p er s o r efu s ed s ha ll b e ma r ked “Refused – cancelled” by the Presiding Officer. (3) All ballot papers cancelled under sub-rule (1) or (2) shall be kept in the cover for unused ballot papers. 62. Adjournment of poll in emergencies: (1) If a t an election the proceedings at any polling station are interrupted or obstructed by any riot or open violence, or if at an election, it is not possible to take the poll at any polling station or such place on account of any natur al calamity, or any other sufficient cause, t he Presiding Officer for such polling station or the Returning Officer presiding over such place, as the case may be, sha ll announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a Presiding Officer, he shall forthwith inform the District Election Officer and the Returning Officer concerned. (2) Whenever a poll is adjourned under sub-rule (1), the Retur ning Officer shall immediately report the circumstances to the a ppropriate authority and the State Election Commission, and shall, as soon as may be, with the previous approval of the Sta te Election Commission, appoint the day on which the poll shall recommence, and fix the polling station or place at which and the hours during which the poll will be taken and shall not count the votes cast at such election until such adjourned poll shall have been completed. (3) In every such case as afor esaid; the Returning Officer shall notify in such manner a s the S tate Election Commission may dir ect the date, place and hours of polling fixed under sub-rule ( 2). 63 . Fr esh poll in the case of dest ruction etc. of ballot boxes: (1) If at any election- (a ) any ballot box used at Polling Sta tion is unlawfully taken out of the cu stody of the Presiding Officer or is accidentally or intentionally destroyed or lost, or is damaged or tampered with to such an extent that the result of the poll at that Poling Sta tion ca nnot be ascertained; or (b) any such error or irregula rity in procedure, as is likely to vitiate the poll, is committed at a Polling Station, the Presiding Officer shall forthwith report the matter to the Retur ning Officer and the District Election Officer. (2) Ther e-upon the Dis trict Election Officer shall, after taking all material circumstances into account, and in consultation with the State Election Commission, either- (a ) declare the poll at that P olling S tation to be void; appoint a day and fix the hours, for taking a fresh poll at tha t Polling Station, and notify the day so appointed a nd the hours so fixed in such ma nner as he may deem fit; or- 18 - Ex-508/2017 (b) issue such directions to the Returning Officer as it may deem proper for the further conduct and completion of the election, provided the Commission is satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of t he election or that the error or irr egularity in procedur e is not material. (3) The provisions of these Rules shall apply to every such fresh poll as they apply to the original poll. 64. Tendered votes: (1) If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted a s such elector, he shall on sa tisfactorily answering such questions r elating to his identit y as the Presiding Officer may ask, be entit led, subject to the following pr ovisions of this Rule, to mar k a ballot paper (hereinafter in these rules referred to as a‘Tendered Ballot Paper ’) in the same manner as a ny other elector. (2) Every such person sha ll, before being supplied with tendered ballot paper, sign his name against the entry relating to him in a list inForm 24. (3) A tendered ballot paper shall be the same as the other ballot papers u sed at the Polling Sta tion except that it shall be- a)serially the last in the bundle of ballot papers issued for use at the Polling Station; and b)endorsed on the ba ck with the words, “Tendered Ballot Paper” by the Presiding Officer in his own hand a nd signed by him. (4) The elector, after marking a tendered ballot p aper in the voting compartment and folding it, shall instead of putting it into ballot box, give it to the Pr esiding Officer, who shall place it in a cover specially kept for the purpose: Provided tha t if there is reasonable ground for believing that t he person, by applying for tendered ba llot pa per, ha s committed the offence of p ersonating, the Presiding Officer shall immediately direct the Police to arrest him. (5) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet. 65 . Sealing of ballot boxes after poll: (1) Immediately after the closing of the poll, the P residing Officer shall close the ballot box, and seal up the box and also a llow any polling agent present to affix his seal. (2) The ballot box shall thereafter be sealed and secured. (3) Wher e it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first box shall be closed, sealed and secured as provided in sub-rule (1) and (2) before another ballot box is put into use. 66. Ballot paper account of Presiding Officer : The Presiding Officer shall at the close of the poll prepare a ballot paper account inForm 25and enclose it in a separ ate cover with the words “Ba llot paper account of Pr esiding Officer” superscribed thereon showing the number & name of the Sinlung Hills Development Council constituency and the date of election on the cover. 67. Sealing of other packets: (1) The Presiding Officer shall then make int o separ ate packets- (a ) the marked copy of the electoral r oll; (b) the unused ballot paper; (c ) the cancelled ballot pap ers; (d) the cover containing the tendered ballot papers and Form 24. ( e) declaration of companion of illiterate or blind or infirm elector inForm 22 with the record inForm 23; a nd (f) any other p apers directed by District Election Officer to be kept in a sealed packet.- 19 -Ex-508/2017 (2) Each such p acket shall be sealed with the seals of the Presiding Officer and of those polling agents who may desire to affix their seals thereon. CHAPTER VI COUNTING OF VOTES AND SEALING OF ELECTION PAPERS 6 8 . Appointment of pla ce a nd time for counting of votes: The State Election Commission shall appoint the time and place for counting of votes. Counting of votes shall be taken up as soon as possible after the close of the poll and the Returning Officer shall infor m the candidates or their Election agents. T he Retur ning Officer may appoint any reliable government servant or servants available as may be necessa ry to assist him in the counting of votes. 69 . Admission to the place of cou nting of votes, etc.: (1) The Returning Officer shall exclude from the pla ce fixed for counting of votes all person except- (a ) such person to be known as counting supervisors and counting a ssistants as he may appoint to a ssist him in the counting; (b) the candidate/election agent and his counting agents duly authorized in writing by ca ndidate; (c ) persons authorized by the State Election Commission, if any; and (d) public servants on duty in connection with the elect ion. (2) Any person who during the counting of votes misconducts himself or fa ils to obey the directions of t he Retur ning Officer may be removed from the place by any Police Officer on duty or by any other person authorized in this behalf by the Returning Officer. (3) The Returning Officer shall, befor e the commencement of the cou nting, briefly explain the counting pr ocedure to all those a llowed admission in t he counting place under sub-r ule (1) and caution them as to the maintenance of secr ecy, the violation of which shall be an elect oral offence underrule 91. 7 0 . Scrutiny and opening of ba llot boxes: The Returning Officer shall satisfy himself that the ballot box is intact, and also allow the Ca ndidates or Election Agents or Counting Agents present to inspect the seals on the ballot box to satisfy themselves that it is intact, and thereafter open the ballot box. 71. Scrutiny and rejection of ballot papers: (1) The ballot papers taken out of the ballot box shall be arranged in 100 ballot papers bundles and scrutinized. (2) The Returning Officer shall reject any ballot paper in whole only if- (a) it is a spurious ballot paper; or (b) it bears any mark or writ ing by which the elector can be identified; or (c ) no vote is r ecorded thereon; or (d) votes are r ecorded on it in favour of more candidates than the vacancy to be filled; or ( e) it is so dama ged or mutila ted tha t it s identit y as a genu ine ballot pa per cannot be esta blished; or (f) it bears a serial number, or a design different from the serial number or design of the ballot papers authorized for use at the particular polling station; or (g) it does not bear the mark which it would have borne under the provisions of sub-rule (2) of rule 51;- 20 - Ex-508/2017 Provided that where the Returning Officer is satisfied that any such defect as is mentioned in clause (f) or clause (g) has been caused by any mist ake or failure on the part of a Presiding Officer or P olling Officer, the ballot paper shall not be r ejected merely on the ground of s uch defec t. (3) Before rejecting a ny ballot paper under sub-rule (3), the Returning Officer shall allow each candidate pr esent a reasonable opportunit y to inspect the ballot paper but sha ll not allow him to handle it or any other ballot paper. (4) The Returning Officer sha ll record on every ballot paper which he rejects the letter‘R’ and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber sta mp. (5) All ballot papers r ejected under this rule shall be bundled together. 7 2 . Rejection of pa rticular vote recorded on a ballot paper: The Returning Officer shall reject a particular vote as invalid vote if the mark indicating the vote on a ballot paper is placed in su ch a manner so as to make it doubtful to which candida te the vote has been given; Provided that a vote shall not be rejected as invalid merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is mar ked. 73 . Counting of votes: (1) Each valid vote recorded on ballot paper which is not rejected, shall be counted as one valid vote: Provided tha t no cover containing tendered ballot papers shall be opened and no such paper shall be counted. (2) The Returning Officer shall count all va lid votes in all valid ballot papers and also the total number of va lid vot es polled for each candidate. Round-wise counting sheet, cou nting ta ble- wise results tabula tion sheet and round-wise tabulation sheet shall be inForm 26, 27and28 respectively. (3) The candidate or his counting agent shall be allowed full view of the counting process and sufficient proximity so as to ena ble him to discern the votes cast on each ba llot paper and also on the record of votes for tabulation. Under no circumstances shall physica l conta ct with the ballot paper be allowed. 74. Re-count of votes: (1) After the completion of the counting of votes under rule 73, the Returning Officer shall record in t he r esult sheet inForm 29 the total number of votes recor ded in favour of each candidate and read out the particulars. (2) Thereafter , a ca ndidate or, in his absence his election agent may apply in writing to the Returning Officer to recount the ballot papers either wholly or in part stating the grounds on which he demands such re-count. (3) On such an applica tion being made the Returning Officer shall decide the matter and may allow the application in whole or in part or may reject it, in toto if it appears to him to be frivolous or unreasonable. (4) Every decision of t he Retu rning Officer under sub-rule (3) shall be in writing and shall contain the reasons thereof. (5) If t he Retu rning Officer decides under sub-rule (3) to allow a n application either wholly or in part, he shall,- (a ) re-count the ballot papers in accor dance withRules 71, 72and73; (b) amend the r esult sheet inForm 29 to the ext ent necessary after such re-count; and (c ) announce the particulars of amendments so made by him. (6) After the total nu mber of votes polled by each candida te has been read out under sub-rule (5), the Returning Officer shall complete and sign the result sheet in Form 29and no application for a re-cou nt sha ll be ent ertained ther eafter;- 21 -Ex-508/2017 Provided tha t no st ep under this sub-rule shall be taken on the completion of the counting of votes until the candidates and elect ion agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-r ule (3) ofrule 74. 75. Declaration of result of election: On completion of procedures u nder r ule 74 the Returning Officer shall for thwith, subject to the provisions ofrule 73declare as elected the ca ndidate who obtains the largest number of valid votes. 7 6 . Equality of votes: If, after the counting of the votes is completed, an equality of votes is found to exist between any candida tes and the addition of one vote will lead to any of those candidates being declared elected, the Returning Officer shall forthwith decide between those candidates by draw of lot. 77 . Publication of election results: (1) The R eturning Offic er sha ll prepar e the election r esults inForm 29and send the resu lts to the State Election Commission a nd also to the District Election Officer. (2) The Returning Officer shall also displa y the election result in Form 29, in the Notice Boar d of the constituency. (3) On r eceipt of all the resu lts from the District Election Officer or the Returning Officer, the State Elect ion Commission shall publish the election results in the Official Gazette. 78 . Grant of certificate of election to returned candidate: The Returning Officer shall grant to each returned candidate a C ertifica te of Election inForm 30. 79. Ballot Paper account of Returning Officer: (1) The Returning Officer sha ll prepare a ballot paper a ccount inForm 31 which shall consist of- (a) total number of ballot papers found in the ballot box or boxes; (b) total number of rejected ballot papers under sub-rule (3) of Rule 71; (c) total number of valid ballot papers i.e. ballot papers which are not rejected; (d) tota l number of invalid votes on all valid ballot papers; (2) The Retur ning Officer shall enclose the ballot paper account in a separate cover with the words “Ballot paper account of Returning Officer” subscr ibed thereon a nd showing the name of the Sinlu ng Hills Development Council and the date of counting of votes, and submit the cover to the Distr ict Election Officer along with the elect ion result. 80. Packet of election papers and sealing: (1) The Returning Officer shall make a packet of election pa pers consisting of- (a ) a bundle of all valid ballot papers; (b) a bundle of rejected ballot papers under sub-rule (3) of rule 71; (c) a copy of ballot paper account of Returning Officer under sub-rule (1) of rule 79; and (d) a copy of election result under rule 77. (2) The packet s hall be sealed with the seal of Returning Officer a nd of those candidates who may desire to affix their seals thereon. (3) The Returning Officer shall submit to the District Election Officer (a ) the packet under this r ule; (b) the cover containing the ballot paper a ccount of Presiding Officer under rule 66; and (c) all other packets under rule 67. 81 . Safe keeping of the packet containing election papers: While in the custody of the District Election Officer, the packets and cover under sub-rule (3) of rule 80, shall not be inspected by, or produced before, any person or authority except under order of an Election Tribunal appointed under rule 86.- 22 - Ex-508/2017 82.Custody of ballot boxes a nd papers relating to election: (1) All ballot boxes used at an election shall be kept in such custody as the State Election Commission may direct. (2) The District Election Officer shall keep in safe custody - (a ) the packets of unused ballot papers with counterfoils attached thereto; (b) the packets of used ballot papers whether valid, tendered or rejected; (c ) the packets of cou nterfoil of used ballot papers ; (d) the packets of mar ked cop y of the electoral r oll; ( e) the packets of the declar ation by elect ors: (f) all other pa per relating to election and t hey sha ll not be opened except under the order of a competent authority. 8 3 . Disposal of Election Papers: Subject to any dir ection given by the State Election Commission or by a competent court or Tribunal – (a ) the packets of unused ballot papers shall be reta ined for a period of six months and shall thereafter be destr oyed in such ma nner as the State Elect ion commission may direct ; (b) the other packets referred to in sub-rule (2) of rule 82 sha ll be r etained for a period of one year and shall thereafter be destroyed; Provided that packets containing the counter foil of used ballot paper shall not be destroyed except with the approval of the State Election Commission; (c ) all other pa pers relating to the election shall be retained for such period as the State Election Commission may dir ect. CHAPT ER VII DISPUTES REGARDING ELECTION 84. Election petition: (1) An election petition challenging the validity of election of any returned ca ndidate may be presented by a contesting candidate of such election on one or more grounds specified in rule 88. (2) No election petition shall be presented on a mere ground – (a ) that the name of any person qualified to vote has been omitted from the electoral roll; or (b) that the name of any person not qualified to vote has been included in the electoral r oll. (3) A petitioner shall join as respondents to his petition any contesting candida tes. (4) A petitioner may in addition to challenging the validit y of any returned candidate, make fur ther claim that himself shall be declared duly elected. (5) An election petition shall- (a) contain a concise statement of the material facts on which the petitioner relies; (b) set forth with sufficient particulars the ground or grounds on which the validity of an election is challenged; (c ) in the case of sub-rule (4), set forth the ground or grounds on which he claims himself to be decla red as elected; and (d) be companied by a deposit ofRupees five hundred as the petition fee which is not refunda ble. (6) An election petition may be submitted to the State Election Commission withinthirty days from the date of publication of the election result in the Official Gazette. 8 5 . Action to be taken by Sta te Election C ommission: On receipt of an election petition the State Election Commission shall direct the District Election Officer to retain packets and other pa pers referred to in rule 81 of the concerned Sinlung Hills Development Council constituency in respect of which the election p etition has been presented.- 23 -Ex-508/2017 86 . Election Tribunal : (1) The State Election Commission may, by a notification published in the Official Gazette, constitute an Election Tribuna l consisting of a Chair man, a Secretar y and M embers t o hear, examine and dispose of all election petitions under these r ules. T he State Election Commission shall r efer the election petition to the Election Tribunal for its disposal. (2) The Electon Tribunal shall be constituted on a need basis and shall continue to function till final disposal of a n election petition. 8 7 . Powers of Election Tribuna l:It shall be open to the Election Tribunal to- (a ) direct the petitioner, all or any of the respondents a nd any other persons to appear in person whenever it considers necessa ry; (b) enfor ce the at tendance of witnesses; ( c ) compel the production and examination of the packets and other papers referr ed to in Rule 81; a nd (d) examine the witness es on oath. 88 . Grounds for decla ring to be void: (1) If the Election Tr ibunal is of t he opinion- (a ) that on the date of his election a returned ca ndidate was not qualified or was disqualified, to b e chosen as a member under these rules ; or (b) that any corrupt practice has been committed by a returned ca ndidate or his agent or by any other person with the consent of a returned candida te or his agent; or (c ) that any nomination paper has been improperly r ejected; or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected – (i) by improper accept ance of any nomination; or (ii) by a ny corr upt pra ctice committed in the interest of the retur ned candidate by a person other than that candidate or his a gent or a person acting with the consent of such candidate or agent; or (iii) by t he impr oper acceptance or refusal of any vote or r eception of any vote which is void; or (iv) by t he non-complia nce with the provisions these rules or or ders ma de there- under, the Election Tribuna l shall declare the election of the returned candidate to be void. (2) If in the opinion of the Election Tribunal a returned candidate has b een guilty by a n agent, of any corrupt practice, but the Tribunal is satisfied- (a ) that no such corrupt pract ice was commit ted at the election by the ca ndidate, and every such corrupt pract ice was commit ted contrary to the orders, a nd without the consent of the candidate; (b) that the ca ndidate took a ll reasonable means for preventing the commission of cor rupt practices at the election; and (c ) that in all other r espects the election was free from any corrupt practice on the par t of the ca ndidate or any of his a gents, then the Election Tribunal may decide that the Election of t he retur ned candidate is not void. 89 . Decis ion of the Election Tribunal: (1) It shall be the duty of the Election Tribunal to dispose of any election petit ion within sixty days from the date on which the election petit ion was s ent to them under r ule 84. (2) At the conclusion of the trial of an election petition, the Election Tribuna l shall make order- (a ) dismissing the election petition; or (b) declaring the election of the returned ca ndidate to be void.- 24 - Ex-508/2017 (3) If the petitioner has, in addition to challenging the validit y of the election of a ny returned candidate, claimed declara tion that he himself has been duly elected, and the Election Tribunal is of opinion that the claim of the petitioner is correct, the Election Tribunal shall, after declaring the election of the returned candidate to be void, declare the petitioner to have been duly elected. (4) The Election Tribunal shall report its findings and decisions to the State Election Commission where- upon the State Election Commission shall notify the decision of the Tribunal and a copy of the same shall be sent to the petitioner, the concerned candidate whose election was challenged, the State Government and the District Election Officer. (5) The decision of the Election Tribunal under this rule shall be final a nd binding. (6) No C ivil Court sha ll have jurisdiction to question the legality of any decision t aken by the Election Tribunal in the discharge of their duties under these rules. CHAPTER - VIII ELECT ORAL OFFENCES 90 . Prohibition of public meeting: (1)On the date of poll:No person shall convene, hold or attend any public meeting within any polling area on which a poll is ta ken for an election in that p olling a rea. (2)Period of forty eight hours ending wit h hour fixed for conclusion of poll:No person sha ll- (a ) convene, hold, attend, join or a ddress any public meeting or procession in connection with an election; or (b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or ( c ) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, In t his section, the expr ession “election matter” mea ns any matter intended or calculated to influence or affect the resu lt of a n election.] (3) Any person who contravenes the provisions of sub-rule (1) & (2) shall be pu nishable with fine which may extend to Rupees Two Hundred. 91. Maintenance of Secrecy of voting: (1) Every officer, clerk, a gent or other person who performs any duty in connection with the recording or counting of votes at an election sha ll maintain, a nd aid in maintaining, the secrecy of the voting and s hall not communicate to any person any information ca lculated to violate such secrecy. (2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. 92 . Officer, etc., a t elections not to a ct for candidates or to influence voting: (1) No person who is a Magistr ate or a Presiding Officer or Polling Officer at a n election shall in the conduct of or the mana gement of the election do any act (other than the giving of vote) for the furtherance of the pr ospects of the election of a candidate. (2) No such person as aforesa id, and no member of a Police force, shall endeavour- (a ) to persuade any person to give his vote at an election; or (b) to dissuade any person from giving his vot e at an election; or (c ) to influence the voting of any per son at an election in any manner. (d) any person who contravenes the provisions of s ub-rule (1) or sub-rule(2) s hall be punishable with imprisonment which may extend to three years or with fine or with both.- 25 -Ex-508/2017 93 . Prohibition of canvassing in or near polling stations: (1) No person shall, on the date or da tes on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundr ed metr es of the polling station, namely: (a ) canvassing for votes; or (b) soliciting t he vote of any elector ; or (c ) persuading a ny elector not to vote for any particular ca ndidates; or (d) persuading any elector not to vote at the election; or ( e) exhibiting any notice or sign (ot her tha n an official notice) relating to the elect ion. (2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with imprisonment for a term which may extend to thr ee months or with fine which may ext end to rupees one thousa nd. (3) An offence punishable under this rule shall be cognizable. 94 . Penalty for disorderly conduct in or near polling sta tions: (1) No person shall, on the date or da tes which a poll is ta ken at a ny polling station- (a ) use or opera te within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the huma n voice, such as a megaphone or a loud speaker; or (b) shout or otherwise act in a disorderly manner so as to ca use annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station. (2) Any persons who contravenes, or willfully aids or abets the contravention of, the pr ovisions of sub-rule (1) shall be punishable with the imprisonment which may extend to thr ee months or with fine or with both. (3) If the Presiding Officer of a polling sta tion has reason to believe tha t any person is commit ting or has committed an offence punishable under these rules, he may direct any Police Officer to arrest such person, and thereupon the Police Officer shall arrest him. (4) Any Police Officer may take such s teps, a nd use such for ce, as may be reasonably necessary for preventing any contravention of the provisions of sub-rule(1), a nd may seize any appar atus used for such contravention. 95 . Penalty for misconduct at the polling sta tion: (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the Presiding Officer may be removed from the polling stations by the Pr esiding Officer orby any Police Officer on duty or by any person author ized in this behalf by such Presiding Officer. (2) The powers conferr ed by sub-rule (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. (3) If a ny person who has been so removed from a polling sta tion re-enters the polling sta tion without the permission of the Presiding Officer shall be punisha ble with imprisonment for a term which may extend to t hree years or with fine which may extend to rupees one thousand or with both. (4) An offence punishable under sub-rule (3) shall be cogniza ble. 96 . Removal of ballot papers from polling sta tion to be a n offence: (1) Any person who at a ny election fr audulently takes, or a ttempts to take, a ba llot paper out of a polling sta tion, or willfu lly aids or abets the doing on any such act , shall be punishable with impr isonment for a term which may extend to one year or with fine which ma y extend to Rupees five hundred or with both.- 26 - Ex-508/2017 (2) If the Presiding Officer of a Polling sta tion has reason to believe tha t any p erson is commit ting or has committed an offence punishable under sub-rule (1), such officer may, before such person leaves the polling station, arrest or direct a Police Officer to arrest such person and may search such person or cause him to be sear ched by a Police Officer: Provided that when it is necessar y to ca use a woman to be searched, the sear ch shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search sha ll be made over for safe custody to a Police Officer by the Presiding Officer, or when the search is made by a Police Officer, shall be kept by such officer in safe custody. (4) An offence punishable under sub-rule (1) shall be cogniza ble. 97. Other offences and penalties thereof : (1) A person shall be guilty of an electoral offence if at any election he - (a ) fraudulently defaces or fraudulently destroys any nomination paper; or (b) fraudulently defaces, dest roys or removes any list, notice or other documents affixed by or under the authority of a Magistrate or the Returning Officer or the Presiding Officer; or (c ) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting; or (d) without due authority supplies any ballot paper to any p erson or receives any ballot from any person or is in possess ion of a ny ballot paper; or ( e) fraudulently puts into any ballot box a nything other than the ballot paper which he is authorized by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the pur poses of the election; or (g) fraudulently or without due author ity, as the case may be, attempts to do any of the foregoing acts or willfully aids or abets the doing of any such a cts. (2) Any person guilty of an electoral offence under this rule shall be punishable with imprisonment which may extend to six months or with fine or with both. (3) For the purpose of this rule, a person shall be deemed to be on official duty if his duty is to take par t in the conduct of an elect ion or pa rt of an elect ion including the counting of votes or to be r esp onsible after an election for the used ballot papers and other documents in connection with such election. (4) An offences punishable under sub-rule (2) shall be cognizable. 9 8 . Penalty for corrupt practice: Whoever commits a corrupt practice at an election shall be punishable with a fine not exceeding five hundred rupees. 99 . Breaches of officia l duty in connection with elections: (1) If a ny person, to whom these rules apply, is without reasonable cause guilty of any act or omission in br each of his official duty, he shall be punishable with fine which may extend to five hundred rupees. (2) No s uit or other legal proceedings shall lie against a ny such person for damages in respect of any such act or omission as aforesaid. (3) The persons, to whom these Rules apply, are the District Elect ion Officers, Returning Officers, Assistant Returning Officers, Presiding Officers, Polling Officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recor ding or counting of votes at an elect ion. (4) No court shall take cognizance of any offence punisha ble under these rules unless there is a complaint ma de by a n order of, or under the authority from the State Election C ommission or the District Election Officer concerned.- 27 -Ex-508/2017 CHAPTER IX MISCELLANEOUS PROVISIONS 100. Civil court not to have jurisdiction: No Civil Court shall have jurisdiction to question the legality of:- (a ) any action taken by the Returning Officer in the discharge of his duties under these rules; or (b) any action taken by the Presiding Officer and the Polling Officer in the discha rge of their duties under these rules; or 101. Requisitioning of premises etc., for election purposes: (1) If it appears to the State Election C ommission or the District Election Officer that in connection with an election to a Sinlung Hills Development Council- (a ) any premises are needed or are likely t o be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or (b) any vehicle or vess el is needed or is likely to be needed for the purpose of t ranspor t of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transpor t of any officer or other person for the perfor mance of any duties in connection with such election, the State Election Commission or as the case may be, the District Election Officer ma y by order in writing, r equisit ion such premises or such vehicle or vessel, as the case ma y be and may make such further orders a s may a ppear to him to be necessary or expedient in connection with the requisitioning in respect of matters including r easonable remuneration to be given therefor: Provided that no vehicle or vess el which is being lawfully used by candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under these rules until the completion of the poll at such elect ion. (2) The requisition shall be effected by an order in writing addr essed to the person deemed by the State Election Commission or, as the case may be, the District Election Officer to be the owner or person in possession of t he property. (3) Whenever any property is r equisit ioned under sub-rule (1) the period of such requisition shall not extend beyond the period for which s uch property is requir ed for any of t he purposes mentioned in that sub-r ule. (4) If any person contravenes any order made under this rule, he shall be punishable with impr isonment for a term which may extend to three months or with fine or with both. (5) In this rule- (a ) “premises” means a ny land, building or part of a building and includes a hut, shed or other structure or any pa rt thereof; (b) “vehicle” means any vehicle used or capable of being’ used for the pur pose of road transport, whether propelled by mechanical power or otherwise; (c) “vessel” means any vessel used or capable of being used for the purpose of water transport, whether propelled by mechanical power or otherwise. 1 0 2 . Staff of every loca l author ity to be made available: Every depa rtment of the State Government or other authorities and every educational institution including an aided school or private affiliated college in the State shall when so requested by the Sta te Election Commission or the District Election Officer make available- (a ) to the Electoral R egistra tion Officer, such staff as may be necessa ry for the per formance of any duties in connection with the prepara tion and revision of electora l rolls; or (b) to the District Election Officer and any Returning Officer such staff as may be necessary for the performa nce of any duties in connection with an elect ion.- 28 - Ex-508/2017 103. Expenses in connection with elections: Funds to meet all expenses in connection with the elections t o the Sinlung Hills Development Council including those in relation to the preparation of electoral rolls therefor, shall be provided by the State Government. 104. Grant of Paid Holiday to Employees on the day of Poll: (1) Every person engaged in work in any trade establishment or commercial establishment or industrial establishment or in any other establishment in the pr ivate sector who is eligible to vote in the Election to Sinlung Hills Development Council shall be granted lea ve on the day of poll. (2) The wages of any such person shall not be reduced or disallowed on account of the leave granted under sub-rule (1) even though such person is appoint ed on the basis that, wages will not ordinar ily be paid for such date, he shall be paid the wa ges tha t would have been received by him on such date, had he not been gr anted leave for that day. 105. Repeal and Savings: (1) On and from the commencement of these rules, The Mizoram (Election to Sinlung Hills Development Council) rules, 2008 and all the subsequent amendments shall stand repea led. (2) Inspite of such repeal, anything done or any action purported to have been done or taken under the Rules so repealed, sha ll be deemed to have been so done or taken or purpor ted to have been done or taken under t hese Ru les.- 29 -Ex-508/2017 FORM – 1 [See Rule 26 and 27] NOTICE OF PUBLICATION OF ELECTORAL ROLL IN DRAFT Election to the Sinlung Hills Development Council of ………………………………….. (No. & Name) 20……. To, The Electors of the .........................................................................Sinlung Hills Development Council Constituency. Notice is hereby given tha t the electora l roll has been prepar ed in a ccordance with the Mizoram (Election to Sinlung Hills Development Councils) Rules, 2016 and a copy thereof is availa ble for inspection at my office, and at ........................................................................ during office hours. If there be any claim for the inclusion of a na me in t he roll or any objection to the inclu-sion of a name or any object ion to particulars in any entry, it should be lodged on or before the ............................................................. in form 3, 4 or 5 as may be appropriate. Every such claim or objection should either be presented in my office or to ............................or sent by post to the address given below so as to reach me not later than the afor esaid date. Date..........................................................Electoral Registration Officer Address:.................................................... Place ………………………….................. FORM – 2 [See Rule 29(1)] APPLICATION FOR INCLUSION OF NAME To, The Electoral Registration Officer, Sinlung Hills Development Council ………………………………… District. Sir, I request that my name be included in the elector al roll for the Sinlung Hills Development Council Con-stituency of ..........................................................................- 30 - Ex-508/2017 My name (in full) ................................................................................................... My Father ’s/ Mother’s/ Husband’s Name ......................................................... Particulars of my place of residence ar e :- House No. .............................................................. Street ...................................................................... Village .................................................................... Post Office .............................................................. Police Station .......................................................... District ………......................................................... I hereby declare tha t to the best of my knowledge and belief:- (i)I am a citizen of India ; (ii)My age on the first day of January …….… was ............... years and ............... months ; (iii)I am ordinar ily resident at the address given below :- ……………………………………………………………………………………….. (iv)I ha ve not a pplied for the inclusion of my name in the electoral roll for any other Sinlung Hills Development CouncilConstituency : (v)My name has not been included in the electoral roll for this or any other Sinlung Hills Development Council C onstituency. or My name may have been included in the electoral roll of ……............................ Sinlung Hills Development Council in which I wa s or dina r ily resident ear lier a t the a ddres s ment ioned below and, if so, 1 request that the same may be excluded from that electoral roll. Full Address of ear lier place of ordinary residence:- ………………………………………………………. ………………………………………………………. Date ........................ Place ...................... ............................................... Signature or thumb impression of the Applicant Record of action takenThe application in Form - 3 of Mr/Mrs/Miss.................................................................................. of ........................................................ has been - (a)accepted and his/her name is included in the electoral roll of ................................................ …………………………..................Sinlung Hills Development Council Constituency, or (b)rejected for the reason....................................................................................................... ..........…………………………………………………………………………………… Date ................................... Place ……………………..Electoral Registration Officer (Seal) - 31 -Ex-508/2017 FORM 3 [See Rule 29(2)]APPLICATION FOR OBJECTING INCLUSION OR SEEKING DELETION To, The Electoral Registration Officer, Sinlung Hills Development Council ..................................................... District. Sir, I object to the inclusion of the name of …………................................................................ at Serial No. ….......................................... of the electoral roll of.................................................Sinlung Hills Development C ouncil Constituency for the following reason ( s) :- …………………………………………………………… …………………………………………………………… …………………………………………………………… I hereby declare that the facts mentioned above are true to the best of my knowledge and belief. My name has been included in the electora l roll for this constituency a s follows:- Name in full....................................................................... Father’s/Mother’s/Husband’s Name............................................................... Serial No.............................................................. Part No................................................................. ………………………………….. Signature or thumb impress ion of the objector (Full postal address)...................................... NOTE : Any person who ma kes a statement or declaration which is fa lse and which he either knows or believes to be false or does not believe to be true is punishable under Rule 22 of the Mizoram (Election to Sinlung Hills Development Councils ) Rules, 2014 and provisions under the appropriate law including Indian Penal Code. Record of action takenThe objection in Form – 4 lodged by Mr/Mrs/Miss …….............................................. .......................................... of ........................................................ has been – (a)accepted and the entry of the name of .................................................................. Serial No. ............................ of the electoral roll of ............................................Sinlung Hills Development Council shall be deleted; or (b)rejected for the reason ………………......................................................................... ............……………………….....……………………………………………………… Date ................................... Place ……………………..Electoral Registration Officer, (Seal) - 32 - Ex-508/2017 FORM 4 [See Rule 29(3)] OBJECT IONS TO PARTICULARS IN ANY ENTRY To, The Electoral Registration Officer, Sinlung Hills Development Council , …………………………………… District. Sir, I submit that the entry relating to myself which appears at Serial No. ...................... of the electoral roll of ................................................................................... is not correct. It should be corrected to read as follows: “………………………………………………………………………………………………… ...……………………………………………………………………………………………….” Place ......................................... Date .......................................... …..……....…………… Signature or thumb impression of t he elector. NOTE : Any person who ma kes a statement or declaration which is fa lse and which he either knows or believes to be false or does not believe to be true is punishable under Rule 22 of the Mizoram (Election to Sinlung Hills Development Councils ) Rules, 2014 and provisions under the appropriate law including Indian Penal Code. Record of action takenThe objection in Form-5 lodged by Mr/Mrs/Miss ……….................................................. …….……………………............................. of ……...………............................................................. .................................................... has been - (a)accepted and the relevant entry has been corrected to read as follows :- …………………………………………………………………………........ …………………………………………………………………………........ (b)rejected for the reason .................................................................................... Date....................................... Place ……………………….Electoral Registration Officer (Seal) - 33 -Ex-508/2017 FORM 5 [See Rule 32] NOTICE OF FINAL PUBLICATION OF ELECTORAL ROLL It is hereby notified for public informa tion tha t the list of amendments to the draft electoral roll for the................................................. (No. & Name) Sinlung Hills Development Council Constituency of ………………………….. District has been prepared with reference to.................................................. as the qualifying date and in accordance with The Mizoram (Election to Sinlung Hills Development Councils) Rules, 2016. A copy of the said r oll together with the said list of a mendments has been published and will be available for inspection a t my office. Date ..........................................Electoral Registration Officer, Place ...........................................Address: ……………………………….. ……………………………….. FORM 6 [See Rule 38] NOTICE OF ELECTION Notice is hereby given that:- (1) an election is to be held of a member to the Sinlung Hills Development Council in the ………………….. (No. & Name) Sinlung Hills Development Council C onstituency; (2) nomination papers may be delivered by a ca ndidate to the Returning Officer/Asst. Retur ning Officer at …………………………………….. between 11:00 A.M and 3:00 P.M on any day (other than public holiday) not later than the ………………………………… (date) ; (3) forms of nomination paper may be obtained at the place and time aforesaid; (4) the nomination papers will be taken up for scrutiny at ………………………………………….. (place) on……………………… (date) at……………………………….. (hour); (5) notice of withdrawal of candidature may be delivered either by a ca ndidate or by his election a gent who has been author ized in writing by the candida te to deliver it to either of the officers specified in paragraph (2) above at his office before 3 P.M. on the……………………………(date) ; (6) a ca ndidate shall deposit rupees five hundred along with his nomina tion pa per; (7) in the event of the elect ion being cont ested, the poll will be taken on …………………. between the hours of……………………. and ………………………. ; (8) the counting of votes will commence on ………………… (date) at ………………………. (place) at ……………………… (hour) or immediately after the poll is over. Date ………………………………Retur ning Officer Place ……………………………. No. & Name of SHDC Constituency…….…………….- 34 - Ex-508/2017 FORM 7 [See Rule 40] NOMINATION PAPER Part – I Election to the Sinlung Hills Development Council of _______________________(No & Name) 20……… 1.Name: 2.Father ’s/Mother ’s/Husband’s Name: 3.Age & Date of Birth: 4.Sex: 5.Educational Qualifications: 6.Address: 7.No & Name of Constituency: 8.Sl.No in the Electoral Roll: 9.Date & Time of filing Nomina tion: 10.Citizenship: 11.Religion: 12.Place of birth (Birth Certificate/: Baptismal Certificate should be enclosed) 13.Occupation: Part – II (CANDIDATE’S DECLARATION) I, _________________________ the candidate mentioned in Part-I assent to this nomination and her eby decla re:- 1)that I have completed _________ years of age; 2)that I am a member of Scheduled Tribe belonging to ______________sub-tribe; 3)that I am set up at this election by the ______________________ party; if any 4)that symbols I have chosen are, in order of prefer ence i)____________________ii)_____________________iii)_________________ 5)that I am not disqualified for being elected to fill the sa id seat in the Sinlung Hills Development C ouncil; 6)that I am not an unsound mind and stands so declared by a competent Court of Author ity; 7)that my Name and F ather ’s/Husband’s Name have been cor rectly spelt out above in __________________ (name of language); 8)that the Code of Conduct prescribed by the State Elect ion Commission has been read by me/read over to me and I will abide by it; 9)that I have deposit ed a security deposit of Rs. 1000/- (Rupees one thousand) only as prescr ibed under Rule 41(1). 10)that I am not holding any office of profit under the Central Government or the State Government. 11)that to the best of my knowledge and belief, I am qualified a nd not disqualified for being elected to fill the seat of the said Sinlung Hills Development Council; Witness: (………………………….)(………………………….) Signature Signature - 35 -Ex-508/2017 (………………………….)(………………………….) Name (Capital Letter) Name (Capital Let ter) Sl.No in the E/Roll………….. Date……………………..Date…………………… Place……………………Place…………………. Part-III(To be filled by the Retur ning Officer) Serial No. of Nomination Paper ………………………………………….. This nomina tion pa per was delivered to me at my office at ……………….(hou r) on …………… (date) by the candidate. Signature of the Returning Officer or other authorised person Part-IV(Decision of Returning Officer accepting or rejecting the nomination paper) I ha ve examined this nomination in accordance with Rule _____ and decided as follows: Date: ___________Accepted/RejectedPlace:___________Ret urning Officer ——————————————-----—— (Perforation) ————————---————————— Part-VRECEIPT FOR NOMINATION PAPER AND NOTICE FOR SCRUTINY (To b e handed over to the Ca ndidate while filing the nomina tion paper) Serial No. of Nomination Paper …………………………………………… The Nomination Paper of …………………………., a ca ndida te for election to Sinlu ng Hills Development Council of …………………………………(No. & Name), was delivered to me at …………………. (hour) on ……………….. (date) by the Candidate. All Nomination Papers will be taken up for scrutiny at …………………… (hour) …………. on ………………. (date) at …………………….. (place). Date: ……………………….Ret urning Officer Place: ……………………..- 36 - Ex-508/2017 FORM 8 [See Rule 41(2)] RECEIPT OF SECURITY DEPOSITP a rt ' A'No... .................. Date .................. ..... Rec eiv ed a sum of Rs 1000/- (Rupee s one thous and) only from Pi / Pu ..... ................. ................. ................ .............. of ..... ................. ................. .......... o n ac coun t of s ecu rity depos it for his nomi nation fo r SHDC elect ion. Returning Officer, No & Nam e of SHDC Cons tituency … … … … … ............. ................ .......P a rt ' A'No... .................. Date .................. ..... Rec eiv ed a s um of Rs 1000/- (Rupee s one thous and) only from Pi / Pu ..... ................. ................. ................ .............. of ..... ................. ................. .......... o n accoun t of s ecu rity deposit for his nomination fo r SHDC elect ion. Returning Officer, No & Nam e of SHDC Cons tituenc y … … … … … ............. ................ .......P art 'B 'H O W DI SPO SED O F D ate .................. ................. ....... R efu nded/forfeit ed Sig n atu r e R etu rni ng O ffic er of C andid ate. N o & Na m e o f S HD C C o nsti tu enc y … … … … … ...... ................. ............S.NoN ame o f th e C and idateNam e ofF a the r /M oth e r/H u sb a ndAddress ofC an d ida teP a rtya f f ilia tion , ifany(1)(2)(3)(4)( 5)12 3 4FORM 9 [See Rule 42(4)] LIST OF VALIDLY NOMINATED CANDIDATES Election to Sinlung Hills Development Council of ……………….. (No & Name) 20…… Place :Retur ning Officer Date :P art 'B'H O W DI SPO SED O F D ate .................. ................. ....... R efu nded/forfeit ed Sig natur e R e tu rn i ng O ffic er of C andid ate. N o & Na m e of S HD C C o nstituenc y … … … … … ...... ................. ............- 37 -Ex-508/2017 FORM 10 [See Rule 43(1)] NOTICE OF WITHDRAWAL OF CANDIDATURE Election to the Sinlung Hills Development Council of ………………………………….. (No. & Name) 20……. To, The Returning Officer, ……………………….. I, …………………………………………………. a candidate nominated at the above election do hereby give notice that I withdraw my candidature. Place ………………… Date …………………. Signature of nominated candidateThis notice was delivered to me at my office at ……….………. (hour) on ……….…………….. (date) by ………………………………………………. (name), the ** ………………………………. ……...…………… Ret urning Officer Place ……………………. Date……………………. —————————————————(Perforation) ——————————————— Receipt for Notice of Withdrawal (To be handed over to the per son delivering the notice) The notice of withdrawal of candidature by …………………………. . a nominated candidate at the election to Sinlung Hills Development Council of …………………………. (No. & Name) was delivered to me by the ** ………………………… …. at my office at ……………………… (hour) on ……………………. (date). ……...…………… Ret urning Officer ** Here insert one of the following alternatives as may be appropriate:- (1) Candidate (2 ) Candidate’s Election Agent who has been authorized in writing by the candidate to deliver it. ( 3 ) A person authorized in writing by the ca ndida te to deliver it.- 38 - Ex-508/2017 F or m 11 [See Rule 45(9)&(10)] NOTICE AS TO NAMES OF CANDIDATES SET UP BY THE RECOGNISED/REGISTERED POLITICAL PARTY Election to the Sinlung Hills Development Council of ………….. (No. & Name) 20……. To, The Returning Officer, ………………………………………………………… Subject :Notice regarding setting up of candidates in the Election to Sinlung Hills Development Council from …………………….. (No. & Name) Constituency. Sir/Madam, I hereby give notice that the following persons have been set up by ……………………………………………. Party as its candidate(s) at the Election to be held on the ……………………………………………… for election of Members from the Sinlung Hills Development Council Constituency of ……………………………………….. (No. & Name) as shown against each of the candidates. Yours faithfully, Signature __________________ Name of President () (Seal) S/NNa me of Sp on s ored CandidatesFather’s/M other’s/ H usband’s NameA dd re ss1.2.3.4.5.6.7.- 39 -Ex-508/2017 FORM 12 [See Rule 45(11)&(12) and rule 47(3)] LIST OF CONTESTING CANDIDATES Election to the Sinlung Hills Development Council of …………… (No. & Name) 20……Sl.No.Nam e o f Ca ndidateFather’s/Mo th er’ s/H usband’s namePartyAf fil iat ionSym bol all ot te dThe poll will be taken on ……..………………………..(date) at …….…………………….. (place) between the hours of …………….. A.M. to ………….. P.M. Date................................................... Retur ning Officer Place : …………………No. & Name of Sinlung Hills Development Council …........................- 40 - Ex-508/2017 FORM 13 [See Rule 48(1)(a)&(c)] APPOINTMENT OF ELECT ION AGENT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… To, The Returning Officer, …………………………………… I, ……………………………………………….. (name) of ………………………………………..(address), a candidate at the above election, do hereby appoint ………………………………………….…………………… of ……………………………………… (address) as my Election Agent from this day at the above elect ion. Place ……………………….. Date ………………………..………………………Signature of Candidate I accept the above appointment Place ……………………….. Date ………………………..……………….…………… Signature of Election Agent Approved Signature a nd seal of the Returning Officer FORM 14 [See Rule 48(1)(e)] REVOCATION OF APPOINTMENT OF ELECTION AGENT Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… To, The Returning Officer, …………………………………… I, ..………………………………………………….., a candidate at the above election, hereby revoke the appointment of Pi/Pu ………………………………………………… as my Election Agent. Place ……………………….. Date ……………………….. ……………………… Signature of Candidate - 41 -Ex-508/2017 FORM 15 [See Rule 48(2)(b)] APPOINTMENT OF POLLING AGENT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… To, The Presiding Officer, …………………………………… I, ……………………………………. a Candidate/Election Agent* of Pi/Pu …………………………….. …………………………………………. who is a candidate at the above said election do hereby appoint Pi/Pu ……………………………………………………. as a Polling Agent at P olling Station of ……..…………… (No.& Name) Sinlung Hills Development Council C onstituency. Place:Signature of Candidate/Election Agent Date: I agree to a ct as P olling Agent Place: Signature of P olling Agent Date: DECLARATION TO BE SIGNED BY THE POLLING AGENT BEFORE THE PRESIDING OFFICER I, ……………………………… Polling Agent of Pi/Pu ……………………………….. do hereby declare tha t at the Elect ion to the Sinlung Hills Development Council Constituency of …………………………………. (No. & Name) I will not do anything tha t may violate the secrecy of the election or any provision of the Mizoram (Election to Sinlung Hills Development Councils) Rules, 2016 in connection with this elect ion. Signa ture of Polling Agent (date) Signed before me a nd a ccepted Presiding Officer Place: Date *Str ike off whichever is not applica ble.- 42 - Ex-508/2017 FORM 16 [See Rule 48(2)(d)] REVOCATION OF APPOINTMENT OF POLLING AGENT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… To, The Presiding Officer, …………………………………… I, ………………………………. * the Election Agent of Pi/Pu ……………..……………………, a ca ndidate at the above election, hereby revoke the appointment of P i/Pu …………………………………. as my/his Polling Agent. Place:Signature ……………………………… Date:Name………………………………….. Candidate /Election Agent _____________________________________________________________________________________________ *Strike out the word(s) not applicable FORM 17 [See Rule 48(3)(a)] APPOINTMENT OF COUNTING AGENT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… To, The Returning Officer, …………………………………… I, ........................, * a candidate/the election agent of......................................who is a candidate a t the a bove election, do hereby appoint the following persons as my counting agents to attend the counting of votes at.................................................... (place). Name of the Counting AgentsAddr ess of the cou nting a gent1. ……………………………….…………..………………………………. 2. ……………………………….…………..………………………………. 3. ………………………………..………..……………………...…………. etc. Signature of Candidate/Election Agent. We a gree to act as such Counting Agents 1. ………………………………. 2. ………………………………. 3. ……………………………….- 43 -Ex-508/2017 Signature of Counting Agents Place.................................... Date..................................... Declaration of Counting Agents(To be signed before the Returning Officer) We hereby declare that at the above elect ion we will not do anything forbidden by Rule 92 of The Mizoram Election to Sinlu ng Hills Development Council Rules, 2016, which we have read/ha s been read over to us. 1. 2. 3. etc. Date...................................Signature of counting agents Signed before me. Date.................................. Returning Officer FORM 18 [See Rule 48(3)(b)] REVOCATION OF APPOINTMENT OF COUNTING AGENT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… To The Returning Officer, …………………………………… I, ..........................., [the election agent of..........................] a candidate at the above election hereby revoke the appointment of...................... my/his counting agent. Date............................... Signature of person revoking. Place..............................- 44 - Ex-508/2017 FORM 19 [See Rule 52] BALLOT PAPER COUNTERFOIL Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… Serial No. of Ballot Paper ............................... Elector ’s Serial number in the Electoral Roll………………………………..……….. Signature or thumb impress ion of the elector ————————————————— (Perforation) —————————————————— BALLOT PAPER Serial No. of Ballot Paper............................... No & Name of Sinlung Hills Development Council Constituency ............................................... S l.No.N ame of Can did ateS ym bo l A ll ottedS l.N o.N ame o f Can did ateSy mb ol A llo tted1 Bia k mu a na Hand13 H min gm uan aSun W itho ut Rays2 Buanga Hand14 LalthanzamaSun W itho ut Rays3 D ins a ng a Hand15 Ma w iaSun W itho ut Rays4 Hminghlua Hand16 Rom a w iaSun W itho ut Rays5 Hriata Hand17 Siamm awiaSun W itho ut Rays6 L a llia na Hand18 Th ans iamaSun W itho ut Rays7 Hmingmuana S tar19 Du h kimaAxe (Hrei pui)8 Lalthan zam a S tar20 La lr in gaHat ( L uk hu m)9 M awia S tar21 Mals awmaLantern (L altin)10 Ro maw ia S tar22 RindikaLeaf ( T hin gh na h )11 Siam mawia S tar23 Tlan kim aMug ( N ot un g)12 Thansiama S tar24 Za k a paNeckl ace (T hi)- 45 -Ex-508/2017 FORM 20 [See Rule 53] APPLICATION FOR CASTING OF VOTE BY A VOTER ON ELECTION DUTY Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… To, The District Election Officer, ________________________ District. Sir, I intend to cast my vote in the ensuing Election to the Sinlung Hills Development Councils from ___________________________ (No. & Name) Sinlung Hills Development Council Constituency by means of Ballot P aper for Electors on Election Duty. My name is entered at Sl. No. _______ in Part No. ________ of the Electoral Roll of ______________________________ (No. & Name) Sinlung Hills Development Council Constituency. I ha ve been appoint ed/deployed to perform election duty and copy of my appointment/ deployment letter is attached herewith. I request that a ballot paper be issued to enable me to cast my vote as per procedures prescribed by the State Election Commission, Yours faithfully, Enclo: As stated above. Signature: _______________________ Name: __________________________ Designation: _____________________ Contact No.:_____________________ - 46 - Ex-508/2017 FORM 21 [See Rule 54(2)(c)] LIST OF CHALLENGED VOTES Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… Serial No. of en tryName of electorSl . N o. of Electo r’s nam e i n the E /R o llS ig nat ure or th um b i m pr e s si on of the person challen gedAddress of th e pers on challen gedName o f identifier, if a nyN am e o f ch alleng erO rder o f P residing O fficerSignatureof challen ger on r e c e iv in g r e fun d ofde p os it123456789Date: ………………….. Signature of Presiding Officer - 47 -Ex-508/2017 FORM 22 [See Rule 60(1)] DECLARATION BY THE COMPANION OF BLIND OR ILLITERATE OR INFIRM VOTERS Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… I, ............................................................................................................... do hereby certify that .......................................................................... is personally known to me. I am satisfied that he/ she is blind or illiterate or physically infirm and is unable to make a mark on the ballot paper. He/she requested me to ma rk the ballot paper on his/her behalf. I hereby declar e that I ha ve not a ccepted as companion of any ot her elector at any polling station t oday, a nd that I will keep secret the vote recorded by me on his/her behalf. Signature of Compa nion Date: ……………….. Place: ………………..Signed before me and permitted Signature of the Presiding Officer FORM 23 [See Rule 60(2)] RECORD OF VOTES OF BLIND OR ILLITERATE OR INFIRM ELECTORS Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… Sl. NoNam e o f El ect orElector's S l. N o i n th e E /RollNa me of CompanionCo mpa nion' sSl. No in the E/RollSign ature of Com pani onDate : ........................................... Place : …………………………..Signature of the Presiding Officer - 48 - Ex-508/2017 FORM 24 [See Rule 64(2)] LIST OF TENDERED VOTES Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… Sl. No.Name of the electorSl. N o. of elector in the E/RollAdd r e ss of the electorSerial n um be r of electors in electoral rollSerial number o f tendered ballot paperS e r ial Num be r of ballo t paper is sue d to the person who has al ready vot edSign a tu re or thumb impression ofpers on tenderingvoteDate: .................................. Signature of the Presiding Officer Place: ..................................- 49 -Ex-508/2017 FORM 25 [See Rule 66] BALLOT PAPER ACCOUNT OF PRESIDING OFFICER Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… SI NoP ar t i cul ar sQ ua nti ty1 No of Ballot Papers received by the Presiding Officer2 No. of ball ot papers issued to electors3 No of ballot papers cancelled for violating voting pr oc e du re4 No of ballot papers spoilt and returned under Rule 61(1)5 No of ballot papers refused by the elector and cancelled under Rule 61(2)6 No of ballot paper to be found in the ballot box.7 No. of unused ballot papers returnedDate......................... Place : ………………Signature of the Presiding Officer - 50 - Ex-508/2017 FORM 26 [See Rule 73(2)] ROUND-WISE COUNTING SHEET Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… (a) Counting Table No:__________(b) Round No:______________ (c) No. of Ballot Papers: ________(d) Total Votes cast:____________ (e) Valid Votes:________________(f) Invalid Votes:________________S l.NoName o f C an didat e sVot es polledTotal5 5 55 5 5 5 5 5 5Name & Signature of Counting Supervisor Date ............................................ Place ............................................ Name & Signature of Returning Officer - 51 -Ex-508/2017 FORM 27 [See Rule 73(2)] COUNTING TABLE-WISE RESULTS TABULATION SHEET Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… ROUND No. ......... Sl.NoNam e o f Ca ndidatesVal id Votes PolledG . T otalCou nti ng Table No_____Cou nti ng Tab le No_____Cou nti ng Tab le N o_ __ __Cou nti ng Tab le No_____Co unting Table N o_ __ __Date ……………………. Place …………………….Name & Signature of Returning Officer - 52 - Ex-508/2017 FORM 28 [See Rule73(2)] ROUND-WISE TABULATION SHEET Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… S l. NoNa me of Candi datesValid Votes Pol ledG . To t alRo und No_ __ __Rou nd No_____Ro und No __ _ __Rou nd No __ __ _Ro und No_____Name & Signature of Returning Officer - 53 -Ex-508/2017 FORM 29 [See Rule 77] ELECTION RESULT Election to the Sinlung Hills Development Council of …………… (No. & Name) 20…… Date of Poll: .............................................................. Date of Counting of Votes : .............................................................. Sl. NoNam e of Ca n did ateName of Political P ar ty , if anyTotal V otes P ol l edRes ult (I ndica te as Elected/not Elect ed)Tota l No. of Electors: ………………….. Total No. of valid votes polled : ………………….. Tota l No. of rejected votes: ………………….. Tota l No. of tendered votes: ………………….. I hereby declare that:- SI. Nos :…………………………………….. Viz.. 1) ………….........……………………........ 2) …......………………………………..… 3) …………...…………………………….. 4) ………………………………….....…… 5) ……...………………………………….. have been declared duly elected to fill the seats in t he Sinlung Hills Development Council of …….…………………… (No. & Name). Date:......................................... Place : …………………………..Name & Signature of the Returning Officer - 54 - Ex-508/2017 FORM 30 [See Rule 78] CERTIFICATE OF ELECTIONI, Retur ning Officer for the elect ion to Sinlung Hills Development Council of ………………..……………… in the District of ………..…………………. hereby certify that I have on the …..…… day of ………………….. 20…..declared Pi/Pu ................................................................ Son/ Daughter/Wife of ………................................................ sponsored by ........................................................ (name of the recognised/registered political party) to have been duly elected to be a member of the Sinlung Hills Development Council of ...................................................................... in an election held on ….................................................... and that in token thereof I have granted to him/ her this Certificate of Elect ion. Date...........................................Retur ning Officer Place …………………………No. & Name of Sinlung Hills Development Council ........................... Seal FORM 31 [See Rule 79] BALLOT PAPER ACCOUNT OF RETURNING OFFICER Election to the Sinlung Hills Development Council of ………………………………… (No. & Name) 20…… (a) Total number of ballot papers found in the Ballot Box/Boxes _________________________ (b) Total number of rejected ballot papers under Sub-rule (3) of Rule 72_________________________ (c) Total number of valid ballot papers, i.e. ballot papers which are not rejected_________________________ (d) Total number of invalid votes on all valid ballot papers_________________________ Date :..........................................Name & Signature of the Returning Officer Place :………………………….- 55 -Ex-508/2017 FORM 32[See Rule 57(2)] Register of Voters Election to the Sinlung Hills Development District Council ____________________ Constituency No. and Name of the Polling Station ___________________________ Part No. of Electoral Roll _____________________________ @ Here polling officer is required to fill up details of the identification document used by the voter e.g. last four digits of EPIC etc. Signature of the Presiding Officer Se ri al N o.Sl. No. of elector in the ele ctoral Rol lSignature/ Thumb impression of electorsR emar ks@- 56 - Ex-508/2017 APPENDIX [See Rule 45] TABLE - I : LIST OF SYMBOLS FOR RECOGNISED POLITICAL PARTIES NATIONAL PARTIESSTATE PARTIESCommunist Party of India Communist Party of IndiaNationalist Congress Party Bharatiya Janata Party Bahujan Samaj Party Indian National CongressEars of Corn and Sickle Hammer, Sickle and Star Clock Lotus Elephant HandZoram Nationalist Party (ZNP) Mizo National Front (MNF)Mizoram People’s Conference (MPC) Sun without Ray Star Electric Bulb- 57 -Ex-508/2017 TABLE - II : LIST OF FREE SYMBOLSCHEMDAWHKAN MAI CHEMTEGRAPE BALHLA LALTIN MOTORFAVAH KHUMBEUARBAWM DEKCHIHLUMBEL INIPTELEIHLAWNTUTHLAWH TUIBURKHUANGBALHLA KUNG EMPINGHACHHEKHE RAWT HMUI HNAHHNAMHREIPUI KETLILEHKHABU MAUFIANNGHAWNGKAWL NIHLIAPNO PANGPAR PENPHE IKHAWK SUAHDURPAM KHAWNVAR PAIKAWNG THINGKUNG THINGREM THINGZAINA THULTHUTTHLENGTHEIHAI TARMIT TUIT HAWLVAIBEL HMEHEN THLAWHTHEI HNA TIANGKAWM LEH BALLTALA TELEPHONESAKAWRB AKCHEHBUKNAPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 58 - Ex-508/2017Affidavit of Kumar Pradhan S/o K.B. Pradhan R/o Electric Veng, Aizawl, Mizoram
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008AFFIDAVITI, Kuma r Pradhan S/o K.B. Pr adhan R/o Electric Veng, Aizawl, Mizoram, do hereby solemnly affirm and state as follows :- 1.That I am a bonafide citizen of India. 2.That in my S ervice Book my name ha s been wrongly written and recorded as Nghakliana whereas it has been wr it ten and recorded as Kumar Pr adhan in some of my other documents which is correct. 3.That the na me Ngha kliana which has been wrongly entered in my Service Book is to be repla ced/ substituted with my correct name Kumar Pradhan for all practical purposes and in all subsequent correspondences. 4.That the ma tters stated in paras No. 1 to 3 above are true to the best of my personal knowledge and belief. IN WITNESS WHEREOF I put my hand a nd sign this the15th day of Mar ch, 2016. Sd/- DEPONENT Identified by:-Signed before me: Sd/-Sd/- Baby V.L. RuatkimiSL ThansangaNotarial Registration AdvocateAdvocateNo. 23/16 Aizawl : MizoramNota ry PublicDate 15/3/16 Aizawl : Mizoram VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1938, Issue No. 509Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008AFFIDAVITI, Kuma r Pradhan S/o K.B. Pr adhan R/o Electric Veng, Aizawl, Mizoram, do hereby solemnly affirm and state as follows :- 1.That I am a bonafide citizen of India. 2.That in my S ervice Book my name ha s been wrongly written and recorded as Nghakliana whereas it has been wr it ten and recorded as Kumar Pr adhan in some of my other documents which is correct. 3.That the na me Ngha kliana which has been wrongly entered in my Service Book is to be repla ced/ substituted with my correct name Kumar Pradhan for all practical purposes and in all subsequent correspondences. 4.That the ma tters stated in paras No. 1 to 3 above are true to the best of my personal knowledge and belief. IN WITNESS WHEREOF I put my hand a nd sign this the15th day of Mar ch, 2016. Sd/- DEPONENT Identified by:-Signed before me: Sd/-Sd/- Baby V.L. RuatkimiSL ThansangaNotarial Registration AdvocateAdvocateNo. 23/16 Aizawl : MizoramNota ry PublicDate 15/3/16 Aizawl : Mizoram VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1938, Issue No. 509Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50Deed changing name of Smt. Saithangpuii Sailo daughter of Lallula Sailo
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008AFFIDAVIT FOR CHANGE OF NAMEBy this Affidavit I, the undersigned Smt. Saithangpuii Sailo daughter of Lallula Sailo, previously known as Sa ithangpuii, a permanent resident of R amthar Veng, Aizawl, Mizoram solemnly declar e :- 1.That I wholly renounce/relinquish and abandon the use of my former name Saithangpuii and in place thereof, I do hereby assume from this da te the name Saithangpuii Sailo so that I ma y hereafter be called, known and distinguished not by my for mer name but assumed name of Saithangpuii Sa ilo. 2.That for the purpose of evidencing such my determination declare tha t I sha ll at a ll times hereafter in a ll recor ds, deeds and writings and in all pr oceedings, dealings and transa ctions, private as well as upon all occasions whatsoever, use and sign the name of Saithangpuii Sa ilo as my name in place and in substitution of my said former name. 3.That I expr essly a uthorize and request a ll persons in general and relatives and friends in particular at a ll times hereafter to designate and address me using such my assumed na me of S aithangpuii Sailo. 4.That it is further stated that the name Saithangpuii a ppears in some of my documents denot e no other person but me. 5.That the statements made in para 1 - 4 a re correct to the best of my knowledge and firm belief. IN WITNESS WHEREOF I have hereunto subscribed my hand to this Affidavit on this the29th day of August, 2017. Sd/- Saithangpuii Sailo DEPONENT Identified by me:-Signed before me: Sd/-Sd/- T. LalnunsiamaR. ThangkanglovaNotarial Registration AdvocateAdvocate & Notary PublicNo. 36 Aizawl : MizoramAizawl : MizoramDate 29/8/17 VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1938, Issue No. 510Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008AFFIDAVIT FOR CHANGE OF NAMEBy this Affidavit I, the undersigned Smt. Saithangpuii Sailo daughter of Lallula Sailo, previously known as Sa ithangpuii, a permanent resident of R amthar Veng, Aizawl, Mizoram solemnly declar e :- 1.That I wholly renounce/relinquish and abandon the use of my former name Saithangpuii and in place thereof, I do hereby assume from this da te the name Saithangpuii Sailo so that I ma y hereafter be called, known and distinguished not by my for mer name but assumed name of Saithangpuii Sa ilo. 2.That for the purpose of evidencing such my determination declare tha t I sha ll at a ll times hereafter in a ll recor ds, deeds and writings and in all pr oceedings, dealings and transa ctions, private as well as upon all occasions whatsoever, use and sign the name of Saithangpuii Sa ilo as my name in place and in substitution of my said former name. 3.That I expr essly a uthorize and request a ll persons in general and relatives and friends in particular at a ll times hereafter to designate and address me using such my assumed na me of S aithangpuii Sailo. 4.That it is further stated that the name Saithangpuii a ppears in some of my documents denot e no other person but me. 5.That the statements made in para 1 - 4 a re correct to the best of my knowledge and firm belief. IN WITNESS WHEREOF I have hereunto subscribed my hand to this Affidavit on this the29th day of August, 2017. Sd/- Saithangpuii Sailo DEPONENT Identified by me:-Signed before me: Sd/-Sd/- T. LalnunsiamaR. ThangkanglovaNotarial Registration AdvocateAdvocate & Notary PublicNo. 36 Aizawl : MizoramAizawl : MizoramDate 29/8/17 VOL - XLVI Aizawl, Monday 18.9.2017 Bhadrapada 27, S.E. 1938, Issue No. 510Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50