The Bihar Municipal Election Rules, 2007

{
    "id": 15854,
    "slug": "the-bihar-municipal-election-rules-2007",
    "title": "The Bihar Municipal Election Rules, 2007",
    "short_title": "The Bihar Municipal Election Rules, 2007",
    "act_number": "Published vide Memo No. 1747, dated 21.4.2007",
    "act_year": 2007,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Municipal Election Rules, 2007",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title extent and commencement.",
            "chapter": null,
            "content": "Part-1\nDefinitions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Act\" means the Bihar Municipal Act, 2007;\n(b) \"bye-election\" means an election held to fill a casual vacancy under Section 484 of the Act and Rule 114 of these Rules;\n(c) \"candidate\" means a person who has been or claims to have been duly nominated as a candidate at any election and includes a candidate who, with the election in prospect has held himself out as prospective candidate;\n(d) \"corrupt practice\" means any of the practices specified in Section 481 of the Act;\n(e) \"general election\" means an election held for the offices of the Councillors under sub-section (6) of Section 12 of the Act;\n(f) \"elector\" in relation to a ward of municipality means a person whose name is for the time being entered in the electoral roll of that ward;\n(g) \"electoral right\" means the right of a person to stand or not to stand as or to withdraw from being candidate, or to vote or refrain form voting, at an election;\n(h) \"form\" means a form set out in these Rules, which may be subject to change if so required by the State Election Commission;\n(i) \"electoral offence\" means any of the offences specified in Section 454-469 of the Act;\n(j) \"Registration Officer\" means the officer appointed under Rule 5 of these Rules;\n(k) \"returned candidate\" means a candidate whose name has been published under Section 14 as an elected Councillor or who has been elected under sub-section (1) of Section 23 of the Act to be the Chief Councillor or Deputy Chief Councillor of a Municipality;\n(l) \"Returning Officer\" means an officer appointed as such under the Act;\n(m) \"Section\" means a Section of the Act;\n(n) \"Ward\" means an area specified as such in Rules made under Section 13 of the Act.\nPart II\nPreparation of Electoral Rolls.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Qualification for registration as electors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Electoral rolls.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Registration Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Agency for the preparation and publication of electoral roll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Subdivision of the electoral roll of a ward.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Form of electoral roll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Publication of draft electoral roll.",
            "chapter": null,
            "content": "(a) the Main Office of the Municipality;\n(b) the Circle Offices of the Municipality if any;\n(c) the Police-station situated within the ward or within the jurisdiction of which the ward or any part of it may be situated;\n(d) the post offices, as the Registration Officer may think fit, situated within the ward; and\n(e) the municipal markets and such public reading-rooms and public libraries as the Registration Officer may think fit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Sale of printed copies of draft electoral roll to the public.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Appointment of Revising Authority.",
            "chapter": null,
            "content": "(ii) The Revising Authority may call upon the Executive Officer to produce all relevant or necessary documents or papers in his power or possession for the discharge of his duties under these Rules.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Notice inviting claims and objections.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Particulars regarding claims and objections.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Claim for inclusion of names in the roll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Register of claims and objections.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Notice of claims and objections.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Objection to inclusion in roll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Procedure for issuing notice by Revising Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Transfer of claim or objection by Registration Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Publication of notices for claims and objections.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Disposal of claims by Revising Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Inquiry into claims and objections by the Revising Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Decisions of the Revising Authority regarding claims and objections to be final.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. The Revising Authority.",
            "chapter": null,
            "content": "(a) whose qualification as entered in the roll is not sufficient to entitle him to be registered, or\n(b) who is incapacitated from voting by reason of the disqualification or disability imposed by or under the provisions of the Act; or\n(c) who is proved to him to be dead; or\n(d) who has been entered in more than one place on the roll of the same ward, provided that\n(i) before passing an order under clause (a) or (b), the Revising Authority shall, if this can conveniently be done, give an opportunity to any person concerned to be heard; and\n(ii) before passing an order under clause (d) the Revising Authority shall issue a notice upon the person whose name has been entered more than once on the roll of the same ward, informing that he may select, within such time as may be specified in the notice, the entry to be retained.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Power and function of the Registration Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Final Publication of electoral rolls.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Revision of electoral rolls after final publication in special cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Costs incurred on the preparation of electoral roll to be borne by the Municipality.",
            "chapter": null,
            "content": "Part III\nConstitution, Reservation and Allotment of Constituencies (Wards/Municipalities)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Constitution and numbering of wards of a Municipality.",
            "chapter": null,
            "content": "(i) For election to the post of Councillors in each Municipality, reservation and allotment of wards for the Scheduled Castes/Scheduled Tribes/ Backward Classes and Women of these categories in admissible number under Section 12(2)(a) of the Act shall be made by the District Magistrate under the direction, controls and supervision of the State Election Commission.\n(ii) First of all the number of wards to be reserved under Section 12(2) of the Act for each category shall be calculated in Form - 7 in the manner laid down by the State Election Commission.\n(iii) Wards having highest population of Scheduled Castes and Scheduled Tribes in descending order of population shall be reserved for and allotted to Scheduled Castes or Scheduled Tribes, as the case may be, in admissible number.\n(iv) Subject to the limit of fifty per cent total reservation including Scheduled Castes/Scheduled Tribes and Backward Classes, a maximum of twenty per cent of total seats of wards shall be reserved for Backward Classes in each Municipality. For this the following procedure shall be followed:-\n(i) All the wards in the concerned municipality shall be arranged\n(a) showing categorywise (Scheduled Castes, Scheduled Tribes, other and total) population in Form - 8\n(b) descending order of the population showing Scheduled Castes population, Scheduled Tribes population, other classes population and total population (including Scheduled Castes/ Scheduled Tribes and other classes) in Form - 9\n(ii) Those wards which have been reserved and allotted to Scheduled Castes/Scheduled Tribes (including their women) shall not be reserved for the Backward Classes. Seat for Backward Classes shall be reserved and allotted from the remaining wards.\n(iii) Those wards which have highest total population in descending order, shall be reserved for Backward Classes in admissible number. Out of the wards so reserved for Backward classes, those wards shall be reserved for Backward Class women in admissible number, which come first in descending order of total population.\n(iv) Details of such reserved/unreserved wards shall be prepared in Form -10.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Determination of seats for reservation of Municipalities.",
            "chapter": null,
            "content": "(i) All Municipalities in the State (separately for Nagar Panchayat, Nagar Parishad and Nagar Nigam) shall be arranged\n(a) showing categorywise (Scheduled Castes, Scheduled Tribes, other and total) population in Form - 8\n(b) descending order of the population showing Scheduled Castes population, Scheduled Tribes population, other classes population and total population (including Scheduled Castes/Scheduled Tribes and other classes) in Form - 9\n(ii) Municipalities having highest population of Scheduled Castes/Scheduled Tribes in descending order shall be reserved for and allotted to members of Scheduled Castes/Scheduled Tribes in admissible number. Out of constituencies so reserved, as nearly as fifty per cent number of total Municipalities but not exceeding it, municipalities coming first in descending order of the population shall be reserved for women of Scheduled Castes or Scheduled Tribes.\n(iii) Subject to the limit of fifty per cent reservation (including Scheduled Castes/Scheduled Tribes and Backward Classes) a maximum of twenty per cent of a total seats of Chief Councillors of each category of municipality in the State shall be reserved for members of Backward Classes. For this the following procedure shall be adopted:-\n(iv) Details of such reserved/unreserved Municipalities shall be prepared in Form -10.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Conditionalities of reservation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. The determination of number of Wards/Municipalities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Procedure to be adopted in case of equality of population.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Rotation of Wards/Municipalities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. No reservation in case of single post.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Maintenance of constituencywise reservation register.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Publication of the list of Constituencies (Wards) reserved by the District Magistrate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Publication of the list of Constituencies (Municipalities) reserved by the Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Publication of the list of reserved Constituencies in the Official Gazette.",
            "chapter": null,
            "content": "Part - IV\nConduct of Election of Councillors",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Notification for election of Councillors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Notice of particulars of election.",
            "chapter": null,
            "content": "(a) the last date for making nominations, which shall be a date not earlier than the eighth day and not later than the fourteenth day after the date of publication of the notice in Form 11 under sub-rule (2);\n(b) the date for scrutiny of nominations, which shall be a date not later than the third day after the last date for making nominations:\n(c) The last date for the withdrawal of candidature, which shall be the third day after the date of scrutiny or the third day after the last date of scrutiny of nomination, as the case may be; and\n(d) 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 fifteenth day after the last date for the withdrawal of candidatures.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Nomination of candidates and deposition of fee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Presentation of nomination paper and requirement for a valid nomination.",
            "chapter": null,
            "content": "(a) A declaration regarding enrolment as an elector;\n(b) a declaration regarding conviction by Court of law or criminal cases pending in any court of law;\n(c) a caste certificate as a proof of belonging to the Scheduled Caste/ Schedule Tribes/Backward Classes issued by Block Development Officer/Sub-divisional Officer/District Magistrate in case of nomination being filed by a candidate who wants to avail of the benefits of the reservation of seats and amount of nomination fee available to the members of the Scheduled Caste/Scheduled Tribes/Backward Classes.\n(d) A challan of Government Treasury or a Nazir Receipt showing a deposit of a sum of Rupees two hundred, Rupees five hundred and Rupees one thousand of the candidate is a member of the Scheduled Cast/ Scheduled Tribes/Backward Classes/Woman for the post of councillor from Nagar Panchayat, Municipal Council and Municipal Corporation respectively or a sum of Rupees four hundred, Rupees one thousand and Rupees two thousand respectively for the post of councillor from Nagar Panchayat, Municipal Council and Municipal Corporation, if a candidate is not a member of such classes, and\n(e) Particulars of the candidate as may be prescribed by the State Election Commission.\n(f) A declaration on oath regarding assets and liabilities, educational qualifications etc., of the candidate in a form prescribed by the State Election Commission.\n(a) permit any clerical error in the nomination paper in regard to said names or number to be corrected in order to bring them into conformity with the corresponding entries in the electoral rolls; and\n(b) where necessary, direct that any clerical or printing error in the said entries shall be overlooked.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Notice of nomination and the time and place for scrutiny.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Candidate to be given facilities to examine nomination papers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Scrutiny of Nomination papers.",
            "chapter": null,
            "content": "(i) that the candidate is not qualified or is disqualified for being chosen to fill the seat under the Act; or\n(ii) that the name of the proposer or the seconder is not registered on the electoral roll of the Ward for which the candidate is nominated; or\n(iii) that the proposer or the seconder has subscribed another nomination paper which have already been received by the Returning Officer; or\n(iv) that there has been any failure to comply with any of the provisions of the Act or of the Rules relating to the nomination of candidates; or\n(v) that the candidate or any proposer or seconder is not identical with the person whose electoral number is given in the nomination paper as the number of such candidate, proposer or seconder, as the case may be, or\n(vi) that the signature of the candidate or of any proposer or seconder is not genuine or has been obtained by fraud; or\n(vii) that the following documents have not been submitted along with nomination papers\n(a) declaration regarding enrollment as an elector\n(b) declaration regarding conviction by a Court of law or criminal cases pending in any Court of law.\n(c) Castes Certificates as a proof of belonging to the Scheduled castes/Scheduled Tribes/Backward Classes issued' by Block Development Officer/Divisional Magistrate/District Magistrate in case of nomination being filed by a candidate who wants to avail of the benefits of reservation of seats and amount of nomination fee available to the members of the Scheduled Casts/Scheduled Tribes/Backward Classes.\n(d) Challan or Receipt of fee deposited.\nExplanation:-\n(i) the production of the electoral roll or certified copy of an entry made in the electoral roll of any ward shall be conclusive evidence of the right of any elector, named in that entry to stand for election or to subscribe a nomination paper, as the case may be, unless it is proved that the candidate or the proposer or seconder is disqualified under the Act or these Rules as the case may be.\n(ii) where a person has subscribed, whether as proposer or seconder, a larger number of nomination papers than there are vacancies to be filled, those of the papers so subscribed which have been first received up to the number of vacancies to be filled shall be deemed to be valid.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Decision of Returning Officer to be final.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "48. Publication of the list of valid nominations and withdrawal of candidature.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "49",
            "title": "49. No refund of deposit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "50",
            "title": "50. Preparation and publication of the list of contesting candidates.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "51. Procedure in contested and uncontested elections.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "52",
            "title": "52. Fixing time for poll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "53",
            "title": "53. Polling Station and Presiding and Polling Officers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "54",
            "title": "54. Appointment of Election Agent and revocation of such appointment on his death.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "55",
            "title": "55. Appointment of Polling Agent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "56",
            "title": "56. Revocation of the appointment of the Polling Agent on his death",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "57",
            "title": "57. Appointment of Counting Agent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "58",
            "title": "58. Revocation of the appointment of the Counting Agent on his death.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "59",
            "title": "59. Information at the Polling Station.",
            "chapter": null,
            "content": "(a) Name and number of the Polling Station\n(b) Electoral roll of the ward pertaining to that Polling Station\n(c) Name of each candidate in Devanagari script and the election symbol allotted to him which will remain in same order as indicated in Rule 50.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "60",
            "title": "60. Manner of voting.",
            "chapter": null,
            "content": "Explanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "61",
            "title": "61. Duties and powers of the Presiding Officer at the Polling Station.",
            "chapter": null,
            "content": "(a) the Polling Officers,\n(b) each candidate, his election agent and one Polling Agent of each candidate (hereinafter referred to as the Polling Agent) appointed in writing by the candidate, and authorised in this behalf by the Returning Officer;\n(c) the police or other public servants on duty;\n(d) the companion of blind or infirm electors who cannot move without help, and\n(e) such other persons as the Presiding Officer may from time to time admit for the purpose of identifying voters or otherwise assisting him in taking the poll:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "62",
            "title": "62. Closing and sealing of the Ballot boxes prior to commencement of the poll.",
            "chapter": null,
            "content": "(a) Name of the Municipality;\n(b) Name of the Polling Station and Number;\n(c) Serial number of Ballot Box (which will be noted on the label of the outside portion after the polling is over; and\n(d) Date of poll.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "63",
            "title": "63. Identification of Voters.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "64",
            "title": "64. Electronic Photo Identity Card (EPIC) to be the prime basis of identification.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "65",
            "title": "65. Admission into and closure of Polling Stations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "66",
            "title": "66. Compartment in Polling Stations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "67",
            "title": "67. Provisions of ballot boxes/Electronic Voting Machines and other articles at the Polling Station.",
            "chapter": null,
            "content": "(a) A notice specifying the polling area, the electors of which are entitled to vote at the Polling Station and when the polling area has more than one Polling Station the particulars of the electors so entitled; and\n(b) a copy of the list of contesting candidates.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "68",
            "title": "68. Ballot paper.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "69",
            "title": "69. Procedure before recording of votes.",
            "chapter": null,
            "content": "(i) are you the person enrolled as follows (reading the whole entry from the roll) ?\n(ii) have you already voted at the present election in this ward?\n(iii) have you already voted at this general election for any other ward of the municipality?\n(a) the inspection of his left forefinger to the Presiding Officer or any Polling Officer; and\n(b) an indelible ink mark to be put on his left forefinger\n(a) refuses to allow such inspection of his left forefinger; or\n(b) refuses to allow an indelible ink mark to be put on his left forefinger; or\n(c) persists in doing any act with a view to remove such mark after it has been put; he shall not be entitled to be supplied with any ballot paper or to record his vote at the election.\n(ii) In deciding the right of a person to obtain a Ballot Paper for the purpose of voting at an election, the Presiding Officer may interpret any entry in the electoral roll so as to overlook merely clerical or printing errors, but shall record his reasons for doing so and the interpretation he has adopted on the counterfoil of the ballot paper issued to such person.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "70",
            "title": "70. Casting of votes.",
            "chapter": null,
            "content": "(a) proceed to one of the voting compartments;\n(b) there make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for which he intends to vote;\n(c) fold the ballot paper so as to conceal his vote;\n(d) insert the folded ballot paper into the ballot box; and\n(e) quit the polling station.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "71",
            "title": "71. Recording of votes of blind or infirm electors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "72",
            "title": "72. Tendered votes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "73",
            "title": "73. Challenged votes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "74",
            "title": "74. Spoilt and returned ballot papers and ballot papers found out side ballot boxes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "75",
            "title": "75. Recording of votes of Presiding and Polling Officers and Polling Agents.",
            "chapter": null,
            "content": "(a) issue to the applicant an election-duty certificate in From - 22\n(b) mark \"EDO\" against the name of the applicant in the marked copy of the electoral roll to indicate that an election duty certificate has been issued to him; and\n(c) ensure that he is not allowed to vote at the Polling Station where he would otherwise have been entitled to vote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "75",
            "title": "76. Issue of ballot papers to persons to whom certificate has been granted under Rule 75.",
            "chapter": null,
            "content": "(a) obtain thereon the signature of the person producing it.\n(b) have the person's name and electoral roll number as mentioned in the certificate entered at the end of the marked copy of the electoral roll; and\n(c) issue to him a Ballot Paper and permit him to vote, in the same manner as an elector entitled to vote at that Polling Station.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "77",
            "title": "77. Sealing of ballot boxes, etc., after the close of the poll.",
            "chapter": null,
            "content": "(a) The marked copies of electoral roll;\n(b) Unused Ballot Paper;\n(c) Cancelled Ballot Paper;\n(d) The cover and list of tendered votes;\n(e) List of challenged votes; and\n(f) Other such papers for which the Returning Officer has directed to place them in the sealed packet.\n(2) The Presiding Officer will allow the candidate, Election Agent or Polling Agent present there to put his seal on each such packet if he so likes.\n(a) Ballot boxes;\n(b) Ballot paper and paper seal account;\n(c) Sealed packets specified in sub-rule (3); and\n(d) All other papers used in poll, and deposit them at the specified place.\n(2) The Returning Officer or the Officer authorized will arrange for the custody of things noted in sub-rule (1) from the time of the commencement of the counting till the end of it.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "78",
            "title": "78. Account of Ballot Papers and Paper Seals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "79",
            "title": "79. Notice of counting of votes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "80",
            "title": "80. Persons who may be present during counting of votes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "81",
            "title": "81. Procedure to be followed at the counting of votes.",
            "chapter": null,
            "content": "(a) All the ballot boxes placed for the counting of votes shall be counted and checked and the Returning Officer shall satisfy himself that all such ballot boxes as contain the ballot papers which are to be counted at such place have been received and accounted for.\n(b) The Returning Officer shall then allow the candidates or their Election Agents and Counting Agents present at the counting an opportunity to inspect the ballot boxes and their seals for satisfying themselves that they are in order,\n(c) The Returning Officer shall also satisfy himself that none of the boxes has in fact been tampered with. If any ballot box is found by the Returning Officer to have been tampered with or destroyed or lost the Returning Officer shall postpone the counting of votes and shall with the approval of the State Election Commission appoint a date for taking of a fresh poll in that ward. After the fresh poll has been completed he shall recommence the counting on the date and at the time and place appointed by him in this behalf of which notice has been previously given to the candidates and their counting agents.\n(d) If the Returning Officer is satisfied that all such ballot boxes as contain ballot papers which are to be counted at such place have been received and are in order, he shall take up the counting of ballot papers contained in the ballot boxes used at the Polling Station in their serial ; number.\n(e) As each ballot box is opened for counting, the mark or marks made on the box or in any of its component parts or attachments Shall be checked. Thereafter the ballot papers shall be taken out from the box and arranged in convenient bundles and counted with the aid of persons appointed to assist in the counting of votes. An account of the Ballot Paper found in each box shall be recorded in a statement in Form 24(a).\n(f) Returning Officer shall allow the candidates and their election agents and counting agents who may be present reasonable opportunity to inspect all ballot papers, which in the opinion of the Returning Officer are liable to be rejected but shall not allow them to handle those or any other ballot papers. The Returning Officer shall, on every ballot paper which is rejected endorse the word \"Rejected\". If any candidate or his election or counting agent questions the correctness of the order of rejection of any ballot paper, the Returning Officer shall also record briefly on such ballot paper the ground of its rejection. All ballot papers rejected shall be bundled together.\n(g) (i) Every ballot paper which is not rejected shall be counted as one valid vote:\n(ii) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed, the Returning Officer shall make the entries in a result sheet in Form 24(b) and announce the particulars.\n(h) The valid ballot papers of each candidate and the rejected ballot papers shall thereafter be bundled separately and the several bundles made up into a separate packet which shall be sealed with the seals of the Returning Officer and such of the candidates, their election agents or counting agents, if any, as may desire to affix their seals thereon and on the packets, so sealed, and the following particulars shall be recorded therein, namely\n(i) the name of the ward;\n(ii) the particulars of the polling station where the ballot papers have been used, and\n(iii) the date of counting.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "82",
            "title": "82. Ground on which ballot papers may be rejected.",
            "chapter": null,
            "content": "(a) it bears any mark or writing by which the elector can be identified;\n(b) it bears any serial number or marks different from the serial numbers or marks of ballot papers authorised for use at the polling station; or\n(c) if no vote is recorded thereon; or\n(d) if votes are given on it in favour of more than one candidate; or\n(e) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given; or\n(f) it it is surplus ballot paper; or\n(g) if it does not bear the distinguishing mark or signature of the Presiding Officer; or\n(h) if the mark on the ballot paper has been made by an instrument other than the prescribed one; or\n(i) if the ballot papers or not printed in accordance with name of the candidate or candidates, serial number or symbol allotted to a candidate as recorded Form 14(b); or\n(j) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established;\n(k) other such grounds as prescribed by a general or special direction of the State Election Commission:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 81
        },
        {
            "number": "83",
            "title": "83. Verification of account of ballot papers, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        },
        {
            "number": "84",
            "title": "84. Declaration of results and grant of Election Certificate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 83
        },
        {
            "number": "85",
            "title": "85. Procedure to be adopted when the poll is taken by EVM.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 84
        },
        {
            "number": "86",
            "title": "86. Report of the result.",
            "chapter": null,
            "content": "(i) names of the candidates for whom valid votes have been given:\n(ii) the number of valid votes of each candidate;\n(iii) the name of the candidate elected;\n(iv) the number of votes declared invalid; and\n(v) the number of tender votes given.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 85
        },
        {
            "number": "87",
            "title": "87. Publication of names of elected Councillors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 86
        },
        {
            "number": "88",
            "title": "88. Inspection of contents of packets.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 87
        },
        {
            "number": "89",
            "title": "89. Destruction of packets.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 88
        },
        {
            "number": "90",
            "title": "90. Custody and Preservation of election papers.",
            "chapter": null,
            "content": "(i) claims and objection with reference to the preliminary electoral rolls.\n(ii) final electoral rolls.\n(iii) nomination papers of candidates.\n(iv) withdrawal of candidate.\n(v) orders by the Returning Officer regarding the division of wards into polling areas and appointment of a Polling Station for each such area.\n(vi) appointment letters of agents or candidates.\n(vii) list of candidates nominated, and\n(viii) return of election expenses.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 89
        },
        {
            "number": "91",
            "title": "91. Prohibition of canvassing or assisting in election by Municipality employees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "92",
            "title": "92. Direction by the State Election Commission.",
            "chapter": null,
            "content": "Part V\nElection of Chief Councillor/Deputy Chief Councillor of Municipalities",
            "footnote": "",
            "is_definition": false,
            "sort_order": 91
        },
        {
            "number": "93",
            "title": "93. Calling meeting for election of Chief Councillor and Deputy Chief Councillor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 92
        },
        {
            "number": "94",
            "title": "94. Presiding Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 93
        },
        {
            "number": "95",
            "title": "95. Nomination of candidates for the office of Chief Councillor and Deputy Chief Councillor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 94
        },
        {
            "number": "96",
            "title": "96. Procedure in case of contested and uncontested electors.",
            "chapter": null,
            "content": "(a) (i) The Returning Officer shall distribute or cause to be distributed, to each Councillor qualified to vote and present at the meeting a. ballot paper in Form - 27 containing the names of all duly nominated candidates.\n(ii) A Councillor desiring to vote shall then proceed to record his vote by placing a cross mark (X) against the name of the candidate for whom he wishes to vote but shall not sign or make any mark on the paper and shall place the paper in the ballot box provided for the purpose.\n(b) The Returning Officer shall then count the votes recorded in favour of each candidate. If there are only two candidates, he shall declare the one who has majority of votes to be duly elected. If both candidates obtain an equal number of votes, the Returning Officer shall forthwith decide between those candidates by lot in the manner prescribed by State Election Commission and proceed as if the candidate on whom the lot falls had received an additional vote.\n(c) If there are more than two candidates duly nominated, the following system of elimination shall be followed.\n(i) After the votes have been recorded and counted, the Returning Officer shall announce the total number of votes recorded for each candidate. If one candidate receives more than half the total number of votes recorded, he shall be declared to be duly elected.\n(ii) If no candidate obtains more than half the total number of votes the candidate with the least number of votes shall be eliminated and a fresh vote taken. This process shall be continued until a candidate obtains more than half the total number of votes recorded whereupon he shall be declared to be duly elected.\n(iii) If the number of votes recorded for each of the candidates or for each of the candidates who obtain the least number of votes is equal, one of those candidates shall be eliminated by drawing lots in such manner as the State Election Commission may determine.\nExamples.-\n(ii) Of 18 votes recorded, A receives 9 votes and B 9, lots shall be drawn for the elimination of one of two candidates.\n(iii) Of 18 votes recorded, A receives 6 votes and B 6 votes and C 6 votes, lots shall be drawn for the elimination of one candidate and a further vote taken.\n(iv) Of 18 votes recorded, A receives 8, B 6 and C 4, C shall be eliminated and the Councillors will proceed to record their votes for A and B.\n(v) Of 18 votes recorded, A receives 8, B 5 and C 5 votes, lots shall be drawn for the elimination of B or C, and a further vote taken.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 95
        },
        {
            "number": "97",
            "title": "97. Procedure for filling a vacancy in a municipality.",
            "chapter": null,
            "content": "Part VI\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 96
        },
        {
            "number": "98",
            "title": "98. Death of candidate before poll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 97
        },
        {
            "number": "99",
            "title": "99. Adjournment of poll in emergencies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 98
        },
        {
            "number": "100",
            "title": "100. Maximum election expenses.",
            "chapter": null,
            "content": "(1) Rupees ten thousand in case of a ward from Nagar Panchayat.\n(2) Rupees twenty thousand in case of a ward from Municipal Council.\n(3) Rupees thirty thousand in case of a ward having population between 4000 -10000 from Municipal Corporation.\n(4) Rupees forty thousand in case of a ward having population between 10001 - 20000 from Municipal Corporation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 99
        },
        {
            "number": "101",
            "title": "101. Return of election expenses.",
            "chapter": null,
            "content": "(a) the date on which the account has been lodged;\n(b) the name of the candidate; and\n(c) the time and place at which such account can be inspected. The enquiry may be completed within ten days of submission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "102",
            "title": "102. Election Petitions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 101
        },
        {
            "number": "103",
            "title": "103. Presentation of Election Petition.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 102
        },
        {
            "number": "104",
            "title": "104. Reliefs to be claimed and grounds therefor.",
            "chapter": null,
            "content": "(a) that the petitioner or such other candidate in fact received a majority of valid votes; or\n(b) that, but for the votes obtained by the returned candidate by corrupt or illegal practices, the petitioner such other candidate would have obtained a majority of valid votes; or\n(c) that, but; for improper acceptance or rejection of any nomination, the petitioner or such other candidate would have been entitled to be declared to have been duly elected.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 103
        },
        {
            "number": "105",
            "title": "105. Contents of Election Petitions.",
            "chapter": null,
            "content": "(b) The Designated Authority in Rule 103 may, upon such terms as to costs and otherwise as he may direct at any time allow the particulars included in the said list to be amended, or order such further and better particulars in regard to any matter referred to therein to be furnished as may in his opinion, be necessary for the purpose of ensuring a fair and effectual trial of the petition:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 104
        },
        {
            "number": "106",
            "title": "106. Parties to election petition.",
            "chapter": null,
            "content": "(a) Where the petitioner, in addition to claiming declaration that the election of all or any of the returned candidate is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner; and where no such further declaration is claimed, all the returned candidates, and,\n(b) Any other candidate against whom allegation of any corrupt practice is made in the petition.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 105
        },
        {
            "number": "107",
            "title": "107. Court Fee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 106
        },
        {
            "number": "108",
            "title": "108. Withdrawal of Election Petition.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 107
        },
        {
            "number": "109",
            "title": "109. Disposal of Election Petition.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 108
        },
        {
            "number": "110",
            "title": "110. Copy of the order on Election Petition to be made available.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 109
        },
        {
            "number": "111",
            "title": "111. Information or Certified Copy of documents for filling Election Petitions to be made available within time frame.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "112",
            "title": "112. Administration of Oath.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 111
        },
        {
            "number": "113",
            "title": "113. Seats in Municipality to become vacant in case of an election of the same candidate to more than one seat.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 112
        },
        {
            "number": "114",
            "title": "114. Bye elections.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 113
        },
        {
            "number": "115",
            "title": "115. Interpretation of these Rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": true,
            "sort_order": 114
        },
        {
            "number": "116",
            "title": "116. Repeals.",
            "chapter": null,
            "content": "Appendix-I\nAppendix-I\nRegister for Account of Election Expense\n1.\nName of candidate\n:\n2.\nWard No. and Name of Municipality\n:\n3.\nDate of Filing nomination\n:\n4.\nDate of declaration of result\n:\nDeclaration\n(1) I/my election agent kept a separate and correct account of all expenditure in connection with the above election incurred or authorized by me or my election agent between the date of my nomination and the date of declaration of the result thereof, both days inclusive.\n(2) The said account was maintained in the Register furnished by the Returning Officer for the purpose and said Register itself is annexed thereto with the supporting vouchers/bills mentioned in the said account.\n(3) The account of my election expenditure as annexed hereto includes all items of election expenditure incurred or authorized by me or by my election agent and nothing has been concealed or withheld/suppressed therefrom.\nSignature of Candidate\nAcknowledgement\nAcknowledgement\nRegister of Account of Election Expenses\nRegister of Account of Election Expenses\nDate\nDetails of Election Expenditure\nBy whom expenses incurred\nSignature of Candidates\nRemarks",
            "footnote": "",
            "is_definition": false,
            "sort_order": 115
        }
    ],
    "metadata": {
        "Act ID": "bh465",
        "Act Number": "Published vide Memo No. 1747, dated 21.4.2007",
        "Enactment Date": "",
        "Act Year": "2007",
        "Short Title": "The Bihar Municipal Election Rules, 2007",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}