The Karnataka Panchayat Raj (Conduct of Election) Rules -1993

Rule 3. Conduct of election:

(1) Election to the Zilla Panchayat, Taluk Panchayat and Grama Panchayat shall be conducted under the superintendence, direction and control of the State Election Commission.

(2) Subject to the superintendence, direction and control of the State Election Commission, the Deputy Commissioner shall coordinate and supervise all work in the district in connection with the conduct of elections to the Zilla Panchayat, Taluk Panchayat and Grama Panchayat. The Deputy Commissioner shall also perform such other functions pertaining to the said elections as may be entrusted to him by the State Election Commission.

Rule 12. Notification of election:

(1) Subject to the provisions of the Act all vacancies of members in Zilla Panchayat, Taluk Panchayat and Grama Panchayat shall be filled by elections. The Deputy Commissioner shall with the approval of the State Election Commission fix the date of such election.

(2) For the above purpose the Deputy Commissioner shall by a notification in form 1 or 2 as may be appropriate fix :-

(i) the last date for the making nominations which shall be the seventh day after the date of publication of the notification or if that day is a public holiday the next succeeding day which is not a public holiday.

(ii) the date for the scrutiny of nominations which shall be the day immediately following the last date of making nominations or if that day is a public holiday the next succeeding day which is not a public holiday.

(iii) the last date for withdrawal of candidature which shall be the second day after the date for the scrutiny of nominations or if that day is a public holiday the next succeeding day which is not a public holiday.

(vi) the date or dates on which a poll shall if necessary, be taken which or the first of which shall be a date not earlier than the tenth day after the last date for the withdrawal of candidatures and the hours during which poll shall be taken, the total period of which on any allotted day shall not be les than eight hours.

(v) the date before which the election shall be completed.

3(a) On the issue of a notification under sub-rule (2) the returning officer shall give a public notice of the intended election in form 3 by displaying it on the notice board in his office and in the offices of Zilla Panchayat, Taluk Panchayats and Grama Panchayats and at such other places as he deems necessary, inviting nominations for such elections.

(b) In the said notice, the returning officer shall specify among other things the last date for receipt of nominations, the place at which nominations are to be delivered, date of scrutiny of nominations, last date of withdrawal of candidates, date or dates on which a poll shall, if necessary, be taken and the hours of poll and the date before which elections shall be completed which shall conform to the dates notified in that behalf by the Deputy Commissioner under Sub -rule (2).

Rule 14. Presentation of nomination papers:

(1) On or before the date appointed under rule 12 for making nominations, each candidate shall either in person or by his proposer, between the hours of eleven O'clock in the forenoon and three o'clock in the afternoon deliver to the returning officer at the place specified in this behalf in the public notice issued under rule 12, a nomination paper completed in Form 4 or Form 5 as may be appropriate signed by the candidate and by an elector of the Grama Panchayat as proposer.

Provided that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.

Rule 15. Deposits by Candidates:

(1) A candidate shall not be deemed to be duly nominated for election from a constituency he deposits or causes to be deposited:

(a) in the case of an election from a Taluk Panchayat or Zilla Panchayat constituency a sum of five hundred rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe or Backward Classes or a woman a sum of Two hundred and fifty rupees; and
(b) In the case of an election from a Grama Panchayat constituency a sum of rupees Two hundred or where the candidate is a member of a Scheduled Caste or Scheduled Tribe or Backward Classed or a Women a sum of One hundred rupees;
Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency not more than one deposit shall be required of him under the sub-rule.

(2) Any sum required to be deposited under sub-rule (1) shall not be deemed to have been deposited under that sub-rule unless at the time of delivery of nomination paper under rule 14 the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or in his behalf in the Government treasury.

Rule 20. Recognition of Political Parties:

Every political party recognised by the Election Commission of India as a National Party or as a State Party in the State of Karnataka under the Election Symbols (Reservation and Allotment) Order, 1968 shall be the recognised political parties for the purpose of election to Taluk Panchayats and Zilla Panchayats.

Rule 21. Publication of a list of recognised Political parties and Symbols:

For the purpose of these rules the State Election Commission shall publish by notification,

(i) in the case of elections to Taluk Panchayat and Zilla Panchayat.

(a) a list of recognised political parties and symbol reserved to each such recognised political party and
(b) a list of free symbols

(ii) in the case of election to Grama Panchayat, a list of free symbols.

Rule 22. Allotment of Symbols:

(1) A candidate set up by a recognized Political party in the election shall choose, and shall be allotted, symbol reserved for that party and no other symbol.

(2) A reserved symbol shall not be chosen by or allotted to any candidate other than a candidate set up by a recognized political party.

(3) Any candidate other than the candidate set up by recognized political party in the election shall choose and shall be allotted in accordance with the rules herein after provided, one of the symbols specified as free symbols.

"Provided that in the case of a candidate set up by an unrecognized political party in the election shall be allotted the free symbol chosen by such candidate and no one else and in case candidate set up by two or more unrecognized political parties choose the same free symbol, the Returning Officer shall decide by lot to which of those candidates set up by such unrecognized political parties choose the same free symbol shall be allotted and allot that free symbol to the candidate to whom the lot falls and to no one else. The remaining free symbols shall be allotted to other candidates.

Explanation:- "For the purpose of this rule, the expression "unrecognized political party" means a political party registered as a party in the State of Karnataka under the Election Symbols (Reservation and Allotment) Order, 1968 and which is not a recognized political party within the meaning of the said order".

(4) Where any free symbol & other than the one chosen by a candidate setup by un-recognised political party, has been chosen by only one candidate at the election, the returning officer shall allot that symbol to that candidate and to no one else.

(5) Where the same free symbol other than the one chosen by a candidate setup by un-recognised political party is chosen by more than one candidate.

(a) the returning officer shall decide by lot to which of those candidates that free symbol shall be allowed and shall allot it to the candidate, to whom the lot falls and to no one else.
(b) Where there are more number of candidates than the number of free symbols specified, the returning officer shall allot any other symbol in his discretion to the relating candidates.

Explanation:- For the purpose of these rules a candidate shall be deemed to be set up by a political party, if and only if,

(a) the candidate has made a declaration to that effect in his nomination paper; and
(b) a notice in writing to that effect, has been delivered to the returning officer before 3 O' clock in the afternoon on the last date for making nominations and
(c) the said notice is signed by the president or the secretary or any other officer-bearer of the party and the president, secretary or such other office bearer is authorised by the party to send such notice and the name and specimen signature of the president, the secretary or such other office bearer are communicated in advance to the returning officer of the constituency and to the State Election Commission. In the case of a national party the authorisation may be made by the president or Secretary of the party's unit at the state level any other office bearer of such unit who is empowered by it.

Rule 30. Adjournment of poll in emergency:

(1) If at 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 on account of any natural calamity or any other sufficient cause, the presiding officer for such polling station or the returning officer shall announce adjournment of the poll to a date to be notified later, and where the poll is adjourned by a presiding officer, he shall forthwith inform the returning officer.

(2) Whenever a poll is adjourned under sub-rule (1), the returning officer shall immediately report the circumstances to the Deputy Commissioner and State Election Commission and shall as soon as may be, with the previous approval of the State Election Commission publish a notice appointing the day on which the poll shall re-commence from the stage at which it was left immediately before the adjournment and fix the polling station and the hours during which, the poll shall be taken, and shall not count the votes cast at the election of such constituency until such adjourned poll shall have been completed.

(3) In every such case as aforesaid, the returning officer shall notify in such manner as the State Election Commission may direct the date, place and hours of polling fixed under sub-rule (2).

Rule 35. Form of ballot paper:

(i) Every ballot paper shall have a counterfoil attached thereto and the said ballot paper and the counterfoil shall be in such form and particulars therein shall be in the language or languages the State Election Commission may direct.

(2) The names of the candidates shall be arranged on the ballot paper in the same order in which they appear in the list of contesting candidates.

(3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner.

Rule 36. Design of ballot boxes:

Every ballot box shall be of such design as may be approved by the State Election Commission.

Rule 74. Declaration of result of election and returns of election:

The returning officer shall, subject to rule 73,

(i) in the case of election from a Zilla Panchayat and Taluk Panchayat constituency

(a) Declare in Form 32 or 33 as may be appropriate, the candidate to whom the largest number of valid votes has been given to be elected and send signed copies thereof to the Government, the State Election Commission, the Commissioner and the Deputy Commissioner,

(b) Complete and certify the returns of election in Form 36 and Send signed copies thereof to Government, State Election Commission, the Commissioner and the Deputy Commissioner.

(ii) in the case of election from a Grama Panchayat Constituency;

(a) Where there are only non reserved seats declare in Form 34 or 35 as may be appropriate such number of candidate equal to the number of seats in the constituency as have secured the highest number of votes in the descending order; to be duly elected;

(b) where the seats to be filled include one or more seats reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes or the women, first declare in that order in the Form 34 or 35 as may be appropriate such candidate or candidates qualified to be chosen to fill the reserved seat or seats, who have secured the largest number of votes, to be duly elected to the reserved seat or seats as the case may be, and thereafter declare from among the remaining candidates (including those who are qualified to be chosen for the reserved seat or seats) such of the candidates as have secured the highest number of votes in the descending order to be duly elected to non reserved seats, and

(c) complete and certify the return of election in Form 36 and send signed copies thereof to the State Election Commission and the Deputy Commissioner.

Rule 79. Disposal of election papers:

Subject to any directions to the contrary given by the State Election Commission or by a competent court:

(a) The packets of unused ballot papers shall be retained for a period of six months and shall thereafter be destroyed in such manner as the State Election Commission may direct,
(b) The other packets, referred to in sub-rule(1) of rule 78 shall be retained for a period of one year and shall thereafter be destroyed;
     Provided that packets containing the counterfoils of used ballot papers shall not be destroyed except with the previous approval of the State Election Commission,
(c) All other papers relating to the election shall be retained for such period as the State Election Commission may direct.