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North East India's Local Information Service

Guwahati Municipal Corporation Election 2013 -Download Voter List

    1. Short title and commencement.-(l) These rules may be called the Gauhati Municipal Corporation Election Ru1es, 1973.
(2) It shall come into force at once.
2. Interpretation.-(l) In these ru1es, unless the context otherwise requires---
    (a) 'Act' means the Gauhati Municipal Corporation Act, 1971 (Assam Act I of 1973);    
(b)'Ballot box' includes any box, bag or other receptacle for use for the insertion of ballot papers by electors;
( c) 'Candidate' means a contesting candidate;
(d) 'Election' means an election of councillors, Mayor, Deputy Mayor and Chairman and members of the Standing and other Committees including Ward Committees;
(e) 'Elector', subject to the provisions of sub-rule (2) in relation to a ward, means a person whose name is entered in the electoral roll of the ward for the time being in force and who is not subject to any disqualification for voting;
(f) 'Electoral Roll No.' of a person means¬
        (i) the serial No. of entry in the electoral roll in respect of that
        person; ..
(ii) the serial No. of the part of the electoral roll in which such
        entry occurs;
(iii) the number and name of the ward of Gauhati Municipal Corporation to which the electoral roll relates;
(g) 'Form' means a form appended to these ru1es and includes a transaction thereof in Assamese;
(h) "State Election Commission" means the Election Commission constituted by the Government of Assam and as referred to in Article 243-ZA of the Constitution of India.
    (i) "Section" means a section of the Act.
(2) For the purposes of these rules a person who is unable to write his name shall, unless otherwise expressly provided in these rules, be deemed to have signed an instrument or other paper, if--
(a) he has placed a mark on such instrument or other paper in the presence of the Returning Officer or the Presiding Officer or such officer as may be specified in this behalf by the State Election Commission; and
(b) such officer on being satisfied as to his identity has attested the    mark as being the mark of that person.
CHAPTER II
QUALIFICATIONS OF ELECTORS AND PREPARATION,
PUBLICATION, CORRECTION AND REVISION
OF ELECTORAL ROLLS
3. Persons qualified to vote.-Every person whose name is in a ward roll shall be deemed to be entitled to vote at that ward election, and every person whose name is not in the said roll shall be deemed to be not entitled to vote.
4. Registration Officer. - The electoral roll of every ward shall be prepared and published by the officer referred to in these rules as the Registration Officer appointed in this behalf by the State Election Commission by notification in the Official Gazette.
5. Preparation, publication, revision and correction of electoral rolls.-(l) For the purpose of election to the Corporation, the assembly electoral roll for the time being in force on such date, as the State Election Commission may by notification in the Official Gazette specify, shall be the basis for preparation of draft electoral rolls for the wards in the city :
Provided that for the purpose of the first general election for constitution of the Corporation a summary revision of electoral roll shall be taken up for preparation of the draft ward electoral rolls;
Provided further that the eligibility for inclusion of names in the ward Electoral roll will be in accordance with Sections 16 to 20 of the Representation of people Act, 1950 (43 of 1950).
(2) Printed copy of the draft electoral roll for each ward shall be published by the Registration Officer by affixing for public inspection a complete copy of the roll and displaying a notice of such publication, at--
(i) The main office of the Corporation;
(ii) Police Stations or outposts situated within the ward or within the jurisdiction of which the ward or any part of it may be situated;
(iii) any other suitable place the Registration Officer may think fit.
COMMENTS
Change in electoral roll.-If the calendar of events is published and the election process has begun, no charge can be made in the list of voters for the purpose of setting right any defect. [State of Karnataka  v. V.G. Nagappa, AIR 1975 SC 1708.]
Electoral rolls-Preparation of.-After preparation of electoral roll, opportunity should be given to the parties concerned to scrutinize whether the persons enrolled as electors, possessed the requisite qualifications. [The Commissioner of Ajmar  v. Radhey Shyam Dani, AIR 1957 SC 304.]
Validity of electoral roll.- If electoral roll is not in conformity with rules election held on the basis of such electoral roll, invalid. [Chief Commissioner v. Radhey Shyam Dani, 1957 SCR 68.]
Period for lodging claims and objections. - Every claim for inclusion of names in the electoral roll and every objection to any entry therein shall be lodged within a period of seven days from the date of publication of the draft electoral roll.
7. Form for claims and objections. - (l) Every claim shall be---
(a) in Form 1;
(b) signed by the person desiring his name to be included in that ward roll and countersigned by another person whose name is already included in that ward roll.
(2) Every objection to the inclusion of a name in the electoral roll shall be---
(a) in Form 2;
(b) preferred only by a person whose name is already included in that ward roll; .
(c) countersigned by another person whose name is already included in that ward roll ill which the name objected to appears.
(3) Every objection to a particular or particulars of an entry in the ward roll shall be--
(a) in Form 3;
(b) preferred only by the person to whom that entry relates.
(4) Every claim or objection shall be presented to the Registration Officer or to such other officer as may be designated by him.
8. Procedure of Registration Officer. - The Registration Officer shall
(a) maintain in duplicate, the lists of claims and objections, entering therein the relevant particulars;
(b) keep exhibited one copy of such list in the notice board in his office.
9. Disposal of claims and objections.-In the matter of disposal of claims and objections the procedure laid down under Rules 17, 18, 19, 20, 21 and 21-A of Registration of Electors Rules, 1960 relating assembly electoral rolls shall be followed.
10. Final publication of electoral roll. - (I) The Registration Officer shall thereafter-
(a) prepare a list of amendments to carry out his decision under Rule 9 and to correct any clerical or printing errors or other inaccuracies subsequently discovered in the roll; and
(b) publish the ward roll together with the list of amendments, by making a complete copy thereof available for inspection and displaying a notice stating the fact of final publication at his office.
(2) On such publication, the roll together with the list of amendments shall be the electoral roll of the ward.
11. (i) The cost of preparing the ward roll shall be determined by the State Election Committee and the sum so determined shall be paid out of the State Election Commission fund except the cost for the first general election which will be borne by the State Government.
(ii) The Registration Officer shall forward the requisite number of copies of ward rolls to the State Election Commission. Printed copies of the ward rolls will be sold to the public on payment of such charges as the State Election Commission may direct.
12. .Commencement of duration of Municipal electoral rolls. - The Municipal electoral roll received under the last preceding rule shall come into operation on the date on which the roll is finally published.