N.-W.F.P. Local Councils (Election of Chairman and Vice-Chairman) Rules 1979

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NORTH‑WEST FRONTIER PROVINCE LOCAL COUNCILS (ELECTION OF CHAIRMAN AND VICE‑CHAIRMAN) RULES, 1979

[Gazette of N. W. F. P., Extraordinary, 10th June 1980]

NO. SO (ELC.) L. G.‑1/1179.‑In exercise of the powers conferred by section 172 of the North‑West Frontier Province Local Government Ordi nance, 1979 (N.‑W. F. P. Ordinance IV of 1979), read with subsection (2) of section 31 thereof, the Government of the North‑West Frontier Province is pleased to make the following rules, namely :‑

  1. Short *title and commencement.‑(I)*These rules may be called the North‑West Frontier Province Local Councils (Election of Chairman and Vice‑Chairman) Rules, 1979.

(2) They shall come into force at once.

2. Definition.‑Inthese rules, unless the context otherwise requires :‑

(a)"Member" means a member of the Local Council concerned ; and

(b) "Ordinance" means the North‑West Frontier Province Local Govern ment Ordinance, 1979 (N.‑W. F. P. Ordinance IV of 1979) ; and

(c) "reserved seat" means a seat reserved for woman or minority com munity under section 15 or section 16 of the Ordinance.

3. Notice of the 1st meeting.‑After assumption of office by a member under rule 6 of the N: W. F. P. Local Councils (Assump tion of Office and Declaration of Assets) Rules, 1979, Government or an officer authorised by Government in that behalf, shall convene the first meeting of the Local Council at 3clear days' notice, on such date and at such time and place as may be specified in the notice.

  1. Presiding Officer.‑The meeting convened under rule 3shall be presided over by the outgoing Chairman of the local council concerned or by such officer as Government may appoint in that behalf.

  2. Election of Chairman and *Vice‑Chairman.‑(1)*Any member who has taken seat will be eligible for election as Chairman or Vice‑Chairman of the Local Council.

(2) Any member present at the meeting may propose the name of any other member as the Chairman verbally or in writing and if any member seconds the proposal, the person proposed shall be deemed to be a candidate for the office of the Chairman (hereinafter referred to as a "Candidate").

(3) Any 'member present at the meeting may propose the name of any other members as the Vice‑Chairman verbally or in writing and if any member seconds the proposal, the person proposed shall be deemed to be a candidate for the office of the Vice‑Chairman (hereinafter referred to as a "candidate").

(4) Any candidate may withdraw his candidature before the Presiding Officer proceeds to take all or where there is only one candidate for an office, before the Presiding Officer declares him to be duly elected, and thereupon such candidate shall cease to be a candidate.

(5) If there is only one candidate for any of the officers, then, subject to the condition that he has not ceased to be a candidate under sub‑rule (4), he shall be declared by the Presiding Officer to have been duly elected as the Chairman, or, as the case may be, Vice‑Chairman of the Local Council concerned. If there are more candidates than one, the issue shall be decided by taking a poll.

  1. Poll.‑(1) Votes for the offices of the Chairman and Vice‑Chairman shall be by secret ballot.

(2) The Presiding Officer shall provide ballot boxes, which before the commencement of polls shall, be sown empty to the members and then locked and placed in a separate compartment. Separate ballot boxes with distinction marks shall be provided for election of the Chairman and Vice‑Chairman and will be placed in the same compartment.

(3) The Presiding Officer shall issue to each member a ballot paper in the form appended to these rules separately for the election of the Chairman and the Vice‑Chairman. Each member shall after taking the ballot paper proceed to the compartment where the ballot boxes have been kept, mark a cross on the ballot papers against the names of the candidates of his choice for the respective offices, and thereafter drop the ballot papers in the respective ballot boxes earmarked for each office. If a member cannot read or write, he may request the Presiding Officer to assist him in the marking of the ballot papers.

(4) When the ballots have been cast, the Presiding Officer shall open the ballot boxes in the presence of the members and count the votes in favour of each candidate for the respective offices. If there arises any doubt or dispute about the marking of a ballot paper, the Presiding Officer may decide the issue after holding such summary enquiry on the spot as may be necessary.

(5) The candidate obtaining the highest number of votes shall be declared by the Presiding Officer to have been elected as the Chairman or the Vice- Chairman, as the case may be. If there is a tie between two or more candidates who have obtained an equal number of votes, the result shall be declared by the Presiding Officer by drawing lots.

(6) "that after election to the office every Chairman and Vice‑Chairman shall take Oath of office on such date, time and in such manner as may be specified by the Government in the form as set‑forth in the schedule".

  1. Adjournment.‑If for any reason, the election of Chairman or Vice‑Chairman is not held on the date fixed under rule 3, a fresh date shall be fixed for election at subsequent meeting in accordance with the procedure provided in the preceding rules.

  2. Election Petition.‑(1) No election of Chairman or Vice‑Chairman of a District or Municipal Corporation or Municipal Committee shall be called in question, except by an election petition presented to the Additional Commissioner of the Division or such other Officer as Government may appoint in this behalf, within 30 days of the declaration of result.

(2) No election of Chairman or Vice‑Chairman of a Town Committee or a Union Council shall be called in question, except by an election petition presented to the Deputy Commissioner of the District or such other Officer as Government may appoint in this behalf, within 30 days of the declaration of result.

(3) The election petition under sub‑rule (1) or, as the case may be, sub‑rule (2), may be presented by any member and in the election petition the petitioner may claim any of the following declaration;

(a) that the election of the Returned Candidate is void, or

(b) that the election of the Returned Candidate is void and that the petitioner or some other person has been duly elected, or

(c) that the election as a whole is void.

(4) The Additional Commissioner, or the Deputy Commissioner or the Officer appointed by the Government, as the case may be, may, after such enquiry as be considers necessary, uphold the election or award a declaration prayed under sub‑rule (3), for any material irregularity or any other sufficient reasons. to be recorded.

Explanation.‑For the purpose of this rule "material irregularity" means non‑compliance with any provision of the Ordinance or these rules which materially affects the result of an election.

(5) Where an election is held to be void, a fresh election shall be held in the manner provided by these rules.

  1. Casual vacancy.‑If there occurs a casual vacancy. in the office of the Chairman or of the Vice‑Chairman, an election to fill such vacancy shall be held in the manner provided by these rules.

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