Election
Machinery
1. Which
authority conducts elections to Corporation, Municipalities and other Local
Bodies?
The
State Election Commission constituted under the Constitution (73rd and 74th)
amendments Act, 1992 for each State / Union Territory
are vested with the power of conduct of elections to the Corporations,
Municipalities, District Panchayats, Panchayat Unions and Village Panchayat.
2. What
is the status of the Tamil Nadu State
Election Commissioner?
The
Status of Tamil Nadu State Election Commissioner is equivalent to that of an
High Court Judge.
3. Who
appoints the Tamil Nadu State
Election Commissioner?
Governor
of Tamil Nadu appoints the Tamil Nadu State Election Commissioner.
4. Who
are the State Election Officers?
The
Commissioner/Director of Rural Development and Panchayat Raj,
Commissioner/Director of Town Panchayats and Commissioner of Municipal
Administration are the State Election Officers.
5. Who is
incharge of Conduct of elections at District level?
District
Election Officer/ District Collector supervises the election work in the
Districts.
6. Who
appoints the State Election Officers and District Election Officers?
Tamil
Nadu State Election Commission appoints the State Election Officers and
District Election Officers.
7. Who is
responsible for election in any local body?
The
Returning Officer of the respective local body is responsible for conduct of
election in that local body.
8. Who
appoints the Returning Officer?
The
District Election Officer appoints the Returning Officer.
9. Who
appoints Election Observer?
The
Tamil Nadu State Election Commission appoints Election observers.
10. Who
is the Electoral Registration Officer for local bodies?
The
Panchayat Union Commissioner/Commissioner of Municipality, Executive Officer of
Third Grade Municipalities and Town Panchayat Commissioner of City Municipal
Corporation/Revenue Officer in the case of Chennai are the Electoral
Registration Officers.
11. Who
appoints Presiding Officer and Polling officers?
The Presiding/Polling
Officers are appointed by the Returning Officer
Electoral Roll
1. Who is
responsible for preparation of local body electoral roll?
The
Electoral Registration Officer (ERO) of the Local Body concerned is responsible
for preparation of local body electoral roll. The Panchayat Union Commissioner
is the ERO of Panchayats, the Executive Officers are the EROs for Town
Panchayats and Third Grade Municipalities, the Commissioner is the ERO of
Municipalities and Corporations.
2. What
is the minimum age limit for enrolment in an electoral roll?
A
person who has completed the age of 18 years as on the first day of January of
the year can enroll himself as an voter in the assembly electoral roll
concerned.
3. What
is the procedure to include the name in the local body electoral roll?
The
Electoral roll of the local body is prepared based on the current electoral
roll of the Legislative Assembly Constituency concerned. Hence, the name
of the individual should first be included in the respective Assembly electoral
roll by submitting an application in Form 6 to the Electoral Registration
Officer (RDO) of the Assembly Constituency Concerned. The ERO of Assembly
Constitution will handover a list of such inclusions to the local body ERO
before the last date of nomination and the newly enrolled voters will be
included in the local body electoral at the appropriate ward by the local body
ERO.
4.
What is the last date for inclusion in the electoral roll?
There
is no such restriction for applying for enrolment of the name as a voter in the
electoral roll. However, during any election, inclusion, addition, deletion,
modifications, etc., will be made till the last day of receiving nominations.
Any applications received after the last date of nomination till the election
procedure is over will be processed only after the election is over. It should
also to be kept in mind that the ERO requires a minimum of seven clear days
notice time for processing applications related to inclusion, addition,
deletion, etc., in the assembly electoral roll.
5. What
is the procedure for making addition, deletion and modifications in the local
body election?
All
omissions of names in any part of the roll or objections to any entry in the
roll, at any point of time after its publication, shall be settled first by
getting amended suitably in the relevant portion of the electoral roll of the
Assembly Constituency based on which the Panchayat roll is prepared.
Anybody wishing to raise a claim for inclusion of any name in the roll or any
objection in respect of any entry in the roll so published, shall submit a
proper claim or objection under the provisions of the Registration of Electors
Rules, 1960 to the Electoral Registration Offices of the concerned Assembly
Constituency. Subject to the provisions in Section 30 of the local body
Act and based on the orders of the Electoral Registration Officer of the
Assembly Constituency on such claims and objections, the Local body Electoral
Registration Officer shall amend the relevant portion of the Local body
electoral roll, incorporating the changes by issuing an amendment to the
relevant part of the Local Body electoral roll.
6. Can
one be enrolled in more than one place?
A
person cannot be enrolled as a voter in more than one place as per the
provisions contained under Sec.17 and 18 of R.P Act1950.
7. If the
name of a person is found in two places or more than once, can he vote in more
than one place?
No. One cannot vote more
than once in the election even if his name is included in more than one place.
Political
Parties
1. Who is the
authority to register the political party?
The
Election Commission of India is the authority to register political parties
under Sec.29A of the Registration of People Act.
2. What
are the parties considered as recognized political parties for local body
election?
Every
political party recognised by the ECI as a National party or as a State party
in the State of Tamil Nadu
under the Election symbols (Reservation and Allotment) order, 1968 shall be
recognised parties for the purpose of election to local bodies in Tamil Nadu.
3. Who
will publish the list of recognized parties and symbols?
The Tamil Nadu State
Election Commission will publish the list of recognised political parties and
their symbols and the list of free symbols from time to time for use in the
local body elections.
Conduct
of Elections
1. Which offices
of local body are elected directly by the voters?
In Rural Local Bodies the
Offices of the Village Panchayat Ward Member, Village Panchayat
President, Panchayat Union Ward Member and District Panchayat Ward Member
are elected directly by the voters. In the case of Urban Local bodies the
Offices of the Ward Members/Councilors are elected directly by the voters.
2. No. of
offices/Wards of local bodies in Tamil Nadu?
Offices/ Seats in Urban & Rural Local Bodies
Office
|
No.
of Offices/Seats
|
|
URBAN:
|
|
|
Corporation Mayor
|
10
|
|
Corporation Councillor
|
820
|
|
Municipal Chairmen
|
125
|
|
Municipal Councillors
|
3,697
|
|
Town Panchayat Chairmen
|
529
|
|
Town Panchayat Ward Members
|
8303
|
|
|
|
|
RURAL:
|
|
|
District Panchayat Ward Members
|
655
|
|
Panchayat Union Ward Members
|
6,471
|
|
Village Panchayat Presidents
|
12,524
|
|
Village Panchayat Ward Members
|
99,324
|
3. Is there any
reservation for women in local body election?
Yes.
Not less than one third of the total no. of Offices and seats are reserved for
women.
4. What
is the maximum number of votes, a voter has to cast in a local body
election?
In
Rural Local Bodies a voter has to cast a minimum of 4 votes and a maximum of 6
votes (in the case of Multi member wards in Village
Panchayats). In Urban Local Bodies a voter has to cast one
vote only.
5. What
is Election Notification and Notice of Election?
Election
Notification contains the election programme notified by the State Election
Commission and published in the Gazette. In pursuance of the Election
Notification issued by the State Election Commission, the Returning
Officers publish the Election Notice in their respective office and in
the office of the AROs.
6. What
is the minimum age for contesting in local body elections?
A
person who has attained the age of 21 years can contest in the local body
election provided his name should find place in the electoral roll of the
respective local body.
7. Can a
non resident of a local body contest in the election?
A
person who resides within the area of the local body and whose name finds place
in the electoral roll alone can contest in the election of a local body.
8.
Whether a candidate contesting in a ward election should be a resident of that
respective ward?
It
is not required that a contesting candidate should be a resident of that ward
but he should be resident of the particular local body and his name must find
place in the electoral roll of that local body.
Not
more than four nomination paper can be presented by or on behalf of any
candidate for any one election.
10. Whether
the nomination paper has to be filed by the candidate alone?
The
nomination paper can be filed either by the candidate or his proposer directly
with the Returning Officer/Assistant Returning Officer at the place and time
fixed for this purpose.
11.Is
there any concession in election deposit for candidate belonging to SC/ST?
Yes.
There is fifty percent concession for candidates belonging to SC/ST.
12.
Whether a contesting candidate can be a proposer?
The
Contesting candidate can be a proposer for a ward/Office other than the one in
which he contests.
13.
Whether a candidate nominated by more than one nomination paper for a seat is
required to remit separate deposits?
If
a candidate has been nominated by more than one nomination paper for a seat or
office, Deposit made with the first nomination is sufficient.
14. Is
it necessary for the SC/ST candidates to produce the community certificate at
the time of nomination?
Necessary
Certificate/undertaking by the candidate in the nomination paper itself would
be sufficient. However, if required so by the Returning Officer he has to
produce the evidence at the time of scrutiny.
15.
What is the polling hours?
The
Polling hours is 7.00 a.m to 5.00 p.m.
16. If
a contesting candidate set up by a recognised political party dies before poll
what will be the consequence.
I
f a contesting candidate set up by a recognised political party
dies as a contesting candidate and a report of his death is received before the
commencement of the Poll, the Returning Officer, shall, upon being satisfied
about the fact of the death of the candidate, by order, adjourn the poll and
report the fact to the State Election Commission, the State Election Officer
and the District Election Officer and all Proceedings with reference to the
election shall be commenced afresh in all respects by the State Election
Commission, as if for a new election subject to certain conditions as provided
in the Rules.
17. Is
there any preference for women electors at a polling station on polling day?
Where
a polling station is for both men and women electors, the presiding Officer may
direct that they shall be admitted into the polling station alternatively in
separate batches. The Returning Officer or the Presiding Officer may
engage the services of a woman to serve as an attendant at any Polling Station to
assist women electors and also to assist the Presiding Officers in taking the
poll in respect of women electors generally, and in particular to help in
searching any woman elector in case it becomes necessary.
18.
What is challenging of identity?
Any
Polling agent may challenge the identity of a person claiming to be particular
elector by first depositing the prescribed sum in cash with the Presiding
Officer for every such challenge. After enquiry if the Presiding Officer
considers that the challenge has been established, he shall debar the person
challenged from voting besides taking appropriate action against him.
19.
What is contested election and uncontested election?
If
more than one candidate stands in the election after scrutiny and withdrawal of
nomination and where poll becomes necessary it is called contested
election. Where only one candidate is found eligible after scrutiny and
withdrawal and where no poll is necessary it becomes uncontested election and
the candidate is elected unopposed.
20. If
you go to your polling station and find that some body else has impersonated
for you and already voted in your name, can you vote in such circumstances?
Yes.
If a person finds that someone else has already voted in his name, then also he
will be allowed to vote. But his ballot paper will be marked as a
Tendered Ballot paper by the Presiding Officer. This will be kept
separately in the prescribed cover as per the Election Rules.
21. On
the day of poll, can any one vote in the name of another person, even with his
consent?
No.
On the day of poll no one can vote in the name of another even with his
consent. If he does so it would amount to impersonation.
22.
What is the eligibility to get refund of the deposit amount?
A
candidate who secures more than one sixth of the total valid polled votes in
that election is eligible to apply for the refund of deposit from the Returning
Officer.
23. Is
a candidate free to spend as much as he likes on election?
No.
A Candidate cannot spend more than the ceiling amount prescribed for that
election.
24. Are
the candidates required to file any account of election expenses?
Yes.
As per the election laws a candidate shall file his election expenditure within
thirty days from the date of declaration of result of election.
25.
What is the penalty if a candidate does not file his account of election
expenses?
Failure
to lodge the election expenditure account will attract disqualification to hold
the post and to contest in the local body for a period of three years from the
date of disqualification.
26.
What is the procedure to be followed when an elector deciding not to vote (in a
polling station where EVM is used) after making entries in Form 21?
If an elector, after his
electoral roll number has been duly entered in the register of elector in Form
21 and has put his signature or thumb impression thereon as required under rule
68 decided not to record his vote, a remark to this effect shall be made
against the said entry in Form 21 by the Presiding Officer and the signature or
thumb impression of the elector shall be obtained against such remark.
