FREQUENTLY ASKED QUESTIONS

 ELECTION   MACHINERY

Q.1. Which authority conducts elections to Panchayati Raj Institutions ( Zilla Parishad, Panchayat Samiti and Grama Panchayat) and Urban Local Bodies (Corporations, Municipalities and Notified Area Councils) ?

 Ans.  State Election Commission.

         Under Article 243K and 243ZA of the Constitution of India, the State Election Commission is vested with powers of superin-tendence,  direction and control of the preparation of Electoral Rolls for, and the conduct of, all elections to the Panchayati Raj Institutions(PRIs) and Urban Local Bodies (ULBs).

Q.2.   What is the present composition of the State Election Commission ?

 Ans.  At present, the State Election Commission is a single-Member-Body consisting only of the State Election Commissioner.

Q.3.   Who appoints the State Election Commissioner ?   What is his status and term of office ?

 Ans.  The Governor of the state appoints the State Election Commissioner in exercise of the powers conferred on him under Art. 243K of the Constitution.

         The State Election Commissioner has been given the status of High Court Judge in the Warrant of Precedence notified by the State Government.

         Under Rule 4 of Orissa State Election Commission (Appoint-ment, Conditions of Service and Miscellaneous Provisions) Rules 1994, the term of office of the State Election Commissioner is   five years or till the Commissioner attains the age of 65 years whichever is earlier.

 Panchayat Elections

Q.4.   Who appoints the Election Officers ?

Ans.  Collector of the district  has been designated as Election Officer under Rule 2(d) of Orissa Grama Panchayat Election Rules, 1965, Rule 2(e) of Orissa Panchayat Samiti Election Rules, 1991 and Rule 2(f) of Orissa Zilla Parishad Election Rules 1994. In the  said capacity the Collector is responsible for the overall supervision of  elections to PRIs in his district under the Superintendence direction and guidance of the SEC.

The said  Rules also empower the Collector to authorise any other officer to exercise all or any of the powers and perform all or any of the duties of the Election Officer. In the exercise of the said authority, the District Collector appoints officers like Additional District Magistrate, Sub-Collector, Tahasildar,B.D.O. etc. as Election Officers to exercise all or some of the powers exercisable by the Election Officer as he may assign.

Q.5.   Who appoints Presiding & Polling Officers ?

Ans.   The Election Officer appoints Presiding and Polling Officers for conduct of elections  at polling stations within the local area of Grama Panchayat Under Rule 2 (i ) & (g) of O.G.P.E. Rules 1965, Panchayat Samiti under  Rule 2 (m) & (k) of O.P.S.E. Rules 1991 and Zilla Parishad under Rule 2 (o) & (m)  of O.Z.P.E. Rules 1994.

 Q.6.  Who can appoint Election Observers ?

Ans.   The State Election Commissioner can appoint election observers and assign them specific responsibilities for supervision of the poll-process in exercise of the plenary powers vested in him under Article 243K of the Constitution.

Q.7.   How are the Ward Members & Sarpanch of  a G.P., members of Panchayat Samiti and Members of Zilla Parishad elected?

 Ans.   The Ward Members and Sarpanch of G.P., Members of Panchayat Samiti and Zilla Parishad are elected directly through  universal adult franchise.

Q.8    How are the Naib Sarpanch, Chairman & Vice-Chairman of Panchayat Samiti and President and Vice-President of Zilla Parishad Elected ?

 Ans.   The Naib-Sarpanch is elected by the elected members from among themselves at the  first meeting of the Grama Panchayat after a General Election   under section 14 of O.G.P. Act. The Chairman of Panchayat Samiti is elected by the elected members at the first  meeting of the Samiti  after a  General Election   in the manner prescribed in Chapter VI of O.P.S.E Rules and the Vice-Chairman is elected at a subsequent meeting  convened for the purpose within 30 days of declaration of result of election of Chairman under Rule 44 of O.P.S.E. Rules,1991. The President of the Zilla Parishad is elected by the elected members at the first meeting of the Parishad after a General Election  according to the provisions under Part - VI of O.Z.P.E. Rules. The Vice-President of Zilla Parishad is elected at a subsequent meeting convened on a  date notified by the Election Commission under Rule 55 of O.Z.P.E. Rules, 1994.

Q.9.   Who is responsible for preparation of Electoral Rolls for direct elections to PRIs? How is such Electoral Roll prepared ?

 Ans.   The State Election Commission is responsible for preparation of Electoral Rolls for direct elections to Grama Panchayats under Article 243K of the Constitution read with section 9 of O.G.P. Act, 1964, to Panchayat Samiti under section 16-B of O.P.S. Act, 1959 and to Zilla Parishad under section 6A of O.Z.P. Act, 1991.

Such electoral rolls are prepared  Ward-wise and Samiti and Parishad Constituency-wise by splitting the electoral roll of the Assembly Constituency relatable to the area comprised within the Ward, Samiti/ Parishad Constituency for the time being in force and following the procedures prescribed under the respective Election Rules.

Q.10(a)Who is responsible for delimitation of wards for Constitution of Gram Panchayat ? How is such delimitation carried out?

Ans.   The Collector of the District is responsible under section 8 of O.G.P. Act, 1964 to determine the number of Wards into which the Grama is to be divided and  the extent of each such ward.

The delimitation is carried out on the basis of decennial population census figures. The total number of wards in any Grama shall not be less than 11 and more than 25 and as far as practicable their population shall be equal.

(b)  Who is responsible for delimitation of Samiti Constituency for Constitution of Panchayat Samiti ? How is such delimitation carried out?

Ans.          Under section 16(2-A) of O.P.S. Act, 1959 the Collector is responsible for division of the Samiti area into Constituencies in such a manner that every Constituency shall as far practicable, have population of not less than two thousand and not more than ten thousand and the territorial area of  a Grama is not  to be bifurcated. A draft statement showing the proposed division of Constituencies in the Samiti area is published by him under Rule 7-D inviting objections and suggestions within a period of seven days and after considering such objections and suggestions the collector publishes the final statement of division of Samiti  Constituencies under Rule 7-F.

(c)   Who is responsible for delimitation of Parishad  Consti-tuency for Constitution of Zilla Parishad ? How is such delimitation carried out?

Ans.          Section 6(3-A)(a) of O.Z.P. Act, 1991  empowers the Collector to divide the Parishad area into constituencies in such a manner that every Constituency as far as practicable has a population of forty thousand, it does not extend beyond the territorial limits of the block, and the territorial area of a Grama is not bifurcated.The same procedure  as in case of a Samiti Constituency  is followed by the Collector for draft and final publication of the statement of division of Parishad Constituency.

Q11(a)Who is responsible for reservation of seats in Grama Panchayat ? How is such reservation carried out?

Ans. The Collector of the district is responsible for making reservation of seats in Grama Panchayat. Such reservation of seats is carried out in the manner prescribed under section 10(3 & 4) of the O.G.P. Act and rule 3 of O.G.P.E. Rules. According to the said provisions seats are reserved for  S.Cs & S.Ts, backward class of citizens and women in every Grama Panchayat.

(b)  Who is responsible for Reservation of Seats in Panchayat Samiti? How is such Reservation carried out ? 

Ans. The Collector of the district is responsible for reservation of seats in Panchayat Samiti Constituencies. Seats are reserved for S.Cs , S.T.s backward class of citizens and women as per the procedure prescribed under section 16(2) of O.P.S.E. Act and  chapter II-A of Orissa Panchayat Samiti Election Rules,1991.

(c)  Who is responsible for Reservation of Seats in Zilla Parishad Constituencies? How is such reservation carried out ?     

Ans.  According to sub-section 3-A of  section 6 of Orissa Zilla Parishad Act, 1991 the Collector prepares final statements showing reservation of seats in Parishad Constituencies and the  State Government have been empowered to accord approval to such reservation. The manner in which such reservation is carried out  has been prescribed under the said section.

Q.12. Who is responsible for reservation of offices of Sarpanch & Naib- Sarpanch, Chairman and Vice-Chairman of Panchayat Samiti and President and Vice-President of  Zilla Parishad in favour of S.C, S.T. and Women etc.? How is such reservation carried out ?

Ans. The Collector is empowered to reserve the office of Sarpanch of Grama Panchayat and Chairman of Panchayat Samiti under section 10(5) and 6 of O.G.P. Act, 1964 and section 16(3-a) of O.P.S. Act, 1959  respectively in favour of S.C., S.T. and Women. Under section 8(3) of O.Z.P. Act, 1991  the State Government is responsible for reservation of the  offices of President of Zilla Parishad in favour of S.C., S.T. and Women.

          All the offices of Sarpanch of Grama Panchayat, Chairman of Panchayat Samiti and President of  Zilla Parishad in Scheduled Areas  are reserved for S.Ts .

Where the office of Sarpanch, Chairman of Panchayat Samiti and President   of Zilla Parishad are not reserved for women or the person elected   to the said office is  not a women, the offices of Naib-Sarpanch, Vice-Chairperson of Panchayat Samiti and Vice-President  of Zilla Parishad are reserved for women under   section 14 of O.G.P Act, 1964 16(3) of O.P.S. Act, 1959 and  8(1) of O.Z.P. Act, 1991 respectively .

Q.13. What is the term of office of Sarpanch, Naib Sarpanch, Chairman & Vice-Chairman of P.S and President & Vice-President of Z.P. ? How can they be removed ?

 Ans.   The term of office of Sarpanch, Naib-Sarpanch, Chairman and Vice-Chairman of  Panchayat Samiti  and President and Vice President of Zilla Parishad is co-terminus with that of the members of   the respective local bodies and is five years from the date of their first meeting  after  every General Election.

 Under  Section -24 of O.G.P. Act, 1964, Sarpanch, Naib-Sarpanch of Grama Panchayat can be removed by a vote of no confidence supported by majority of not less than two thirds of the total membership of the Grama Panchayat in a meeting specially   convened for the purpose on the basis of a requisition signed by  at least one third of  the membership.Under Section - 46-B of O.P.S. Act, 1959 Chairman and Vice-Chairman of Panchayat Samiti and under Section - 39 of O.Z.P. Act, 1991 President and Vice-President of Zilla Parishad can be removed through similar procedure. However, no requisition can be entertained before expiry of two years from the date of  entering upon such office by the incumbent.

Q14.  Who is eligible to vote in the Panchayat election ?

Ans.   All persons of 18 years of age who are enrolled as electors in the Electoral Roll of the concerned PRI prepared for the purpose are eligible to vote in the Panchayat Elections.

Q.15. What are the disqualifications for membership  of  a PRI ?

Ans.   A person shall be disqualified for being elected to a PRI if he is not a citizen of India or his name is not in the Electoral Roll in respect of the concerned PRI, is of unsound  mind, is an insolvent is suffering from Tuberculosis   or infectious  type of Leprosy or is convicted of an election offence or for an offence involving moral turpitude and sentenced to imprisonment of not less than six months unless a period of 5 years has elapsed  since his released or is ordered  to give security for good behavior  under section 110 of Cr.P.C. or holds any office of profit  or is a teacher  in any  recognized school  or holds office as a Minister or  dismissed from Government Service or of any local authority or has failed  to pay any arrear to any cooperative society  of which he is a member or is in the habit of encouraging litigation or interested in a subsisting contract in any work being done for the PRI, or is a legal retainer of the PRI, is a member of  Legislative Assembly or Parliament or is disqualified under any law for the purposes of election to legislature of the state or is disqualified  under any state law or is in arrear  of any dues payable by him to the PRI or has more than one spouse living  or has more than two children. The last named  disqualification shall not apply if the  person  had had more than two children before 21.04.1995 unless he begot an additional child after the said date. Rule 25 of O.G.P. Act gives full description of the disqualifications.   

Q.16.          Which is the relevant date for determining the age(18 years) of a voter ?

Ans. Unless the State Election Commission prescribes otherwise, the qualifying date for determining the age of a voter would mean the first day of January of the year as has been prescribed as the reference date by the Election Commission of India for the Electoral Roll to State Assembly and Parliament under section 14(b) of R.P. Act, 1950.

Q.17.          Which is the relevant date for determining the age (21years) of a candidate ?

 Ans.   The relevant date for  ascertaining the age of a candidate is the date fixed for scrutiny of nominations.

Q.18. How much is the security deposit for contesting as a candidate for elections to GP/PS/ZP ? Is there any concession for a candidate belonging to SC or ST ?

 Ans.   Rates of security deposit for contesting  for various   offices are as follows :

However, for candidates belonging to S.C. & S.T. rates of security deposit are as follows:

Q.19. What is the permissible limit of expenditure that a candidate can incur in an election?

 Ans.   No limit of expenditure has been prescribed yet in the existing laws of the State for election to various tiers of PRIs.

Q.20. How many GPs are there in Orissa ? How many ward members are elected to these GPs ?                 

Ans.   There are   5254 Grama Panchayats in Orissa .

A total of 81,077 ward members are  elected to these G.Ps.

Q.21. How many Panchayat Samitis are there is Orissa ? How many members are directly elected to these Samitis ?

 Ans.   There are 314 Panchayat samitis in the State.

          5,260 nos. of members are directly elected to these Samitis .

Q.22. How many Zilla Parishads are there  in Orissa ? How many members are directly elected to these Parishads?

  Ans.  There are 30 (Thirty) Zilla Parishads  in Orissa.

854 nos. of members  are directly elected to these Parishads.

Q.23(a)How many polling booths were set up during the last general elections to the Panchayat Bodies during Jan. 1997 ?

Ans.           81,077 nos. of  polling booths were set up during General Elections to P.R.Is in January 1997.

(b)  How are the Polling Stations assigned in Panchayat election? Where are such Polling Stations located ?

 Ans.          According to rule 19 of OGPE Rules, rule 12 of OPSE Rules and rule 15 of OZPE Rules, there shall be one polling station  in each ward. Usually, the Polling Station is located in public buildings within the ward. In case no suitable public building is available in a ward or on similar cogent ground the Election Officer can assign a single polling station for a group of wards in which case there shall be separate compartments for each ward at the polling station.

Q.24a.How and where  is the counting done and  results declared for election of a Ward-member and Sarpanch ?

 Ans.         Under Rule - 48 to 50 of Orissa Grama Panchayat Election Rules 1965, after close of the polling,  the Presiding Officer counts the votes polled both for Ward Member and Sarpanch and declares the results of election in respect of Ward Member at the Polling Booth and forwards the results of counting for the office of Sarpanch in Form No.8-A to the Election Officer. On the date fixed for declaring the results of  the office of Sarpanch, the Election Officer adds the election results received from different presiding officers and declares the results in Form No.8-B at Block Head Quarters Under Rule -51 of O.G.P.E. Rules 1965.

(b)  How and where is the counting done and results declared for election of a member of  Panchayat Samiti ?

 Ans.   After close of the polling the Presiding Officer counts the votes polled at the polling station and submits the results of such counting   in Form No.13 to the Election Officer. On the date fixed for declaring the results of election, the Election Officer adds the votes polled  by the candidates  in different Polling Stations and after recording the details in Form No.14 announces the results at the block head quarters under the provisions of Rule 31.

(c)   How and where is the counting done and results declared for election of a member of Zilla Parishad ?

 Ans.         According to Rule - 36, of Orissa Zilla Parishad Rules 1994, unless the Commissioner otherwise directs, the Presiding Officer takes up  counting of  votes polled at Polling Station and forwards the results of counting in Form No.11-A  to the Election Officer. On the date fixed for declaring the results, the Election Officer adds the votes polled by candidates  in different Polling Stations  and after recording in Form No.12 announces the results.

Q.25(a)What is the procedure for formal constitution of a GP ? From which date is a G.P. deemed as formally constituted ? What is its tenure.?

 Ans.          Under Section -10 of  Orissa Grama Panchayat Act,1964, every Grama Panchayat is constituted of the elected Sarpanch, Naib-Sarpanch &. Ward Members. A Grama Panchayat is formally constituted from the date of first meeting  of the Grama Panchayat and its tenure  is 5 years from the said date  as per section - 17 of  the Act.

 (b)               What is the procedure for formal constitution of a PS ? From which date is a P.S deemed as formally constituted? What is its tenure ?

Ans.         Under Section -16 of  Orissa Panchayat Samiti Act, 1959  a Panchayat Samiti is constituted of  Chairman, Vice-Chairman , Elected Members of the Panchayat Samiti and also Sarpanches   of Gram Panchayats situated within the block, every member of the House of People and  of the Legislative Assembly representing constituencies which comprise wholly or partly the area of the Samiti and every member  of Rajya Sabha who is registered  as an elector within the area of the Samiti as ex-officio members. The  ex-officio members cannot exercise the right to vote at the time of election of  Chairman  and Vice-chairman. However, they can exercise  this right in all other matters  including at the  time of consideration of no-confidence motion against the Chairman and Vice-Chairman.

          A Panchayat Samiti is formally constituted  on the date of its 1^st meeting after every General Election and its tenure is 5 years from the said date.

(c)               What is the procedure for formal constitution of a ZP? From which date is a Z.P. deemed as formally constituted ? What is its tenure ?

Ans.  Under Section 6 of Orissa Zilla Parishad Act, 1991 every Zilla Parishad consists of the President and the Vice-President  and the members elected from every constituency within the Parishad area; and also Chairman of each Panchayat Samiti situated within the district,  every member of the House of  the People and of State Legislative Assembly representing constituencies which comprise wholly or partly the area of the Parishad and members  of the Rajya Sabha who are registered  as electors within the area of the Parishad   as ex-officio  members. The ex-officio members cannot exercise the right to vote at the time of election of President and Vice-President. However they can exercise this right in all other matters including at the time consideration of no-confidence motion against the President and Vice-President . Every Parishad  is deemed as formally constituted  from the date   of its 1^st meeting  and its tenure is 5 years from the date of such meeting  under section -7 of Orissa Zilla Parishad Act,1991.

Q.26.Are all elections to PRIs held on party lines ?

Ans.  Only elections of members of Zilla Parishad are  held on  party lines under section -6(4)  of Orissa Zilla Parishad Act,1991. All other elections to P.R.Is are held on non-party lines.

Municipal Elections

Q.27. Who appoints the Election Officers ? Who can be appointed as Election Officers ?

Ans.  The State Election Commissioner can appoint any officer of the State  Government as Election Officer under Rule -2(e) of Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Election) Rules, 1994.Usually, he appoints the Collector of the district as Election Officer with full powers and other senior officers such  as A.D.M., Sub-Collector, Tahasildar, as Election Officers  with specific powers as the circumstances warrant.

Q.28. Who appoints Polling Officers ?

Ans.  The Election Officer appoints Polling Officers under Rule 2(I) of (O.M.D.W.R.S.C.E.) Rules, 1994.

Q.29. Who can appoint Election Observers ?

Ans.  The State Election Commissioner can appoint election observers and assign them specific responsibilities for supervision of the poll-process in exercise of the plenary powers vested in him under Article 243ZA of the Constitution.

Q.30(a)How are the Ward Councillors elected ?

Ans.  Ward Councillors are directly elected  by all electors of the Ward above 18 years of age.

 (b)      How are the Chairperson & vice-Chairperson elected ?

Ans.  The Chairperson of every Municipality is elected by the elected Councillors at the first meeting of the Municipality convened after the publication of their names in the Orissa Gazette after every  General Election according to section 47 of the O.M. Act,1950.

The Vice-Chairperson of every Municipality is elected by the Councillors at a subsequent meeting which is convened by the Chairperson  within 30 days of  the date of  election of the Chairperson under section 47(b) of O.M. Act, 1950.

Q.31. Who is responsible for preparation of electoral rolls for election of Councillors? How is such electoral roll prepared?

Ans.  The State Election Commission is responsible  for preparation of Electoral Rolls of Urban Local Bodies for election of Councillors   under section 11-A of  Orissa Municipal Act, 1950, read with Article 243ZA of the Constitution.

         The Electoral Roll is prepared by the Election Officer under the supervision of the State Election Commission by splitting the Electoral Roll of the Assembly Constituency relatable to the area of the Ward and observing the procedures laid down under section -13 of Orissa Municipal Act, 1950 read with Rule - 4 to 15 of Orissa Municipal (Delimitation of Ward, Reservation of Seats and Conduct of Election) Rules, 1994.

Q.32. Who is responsible for delimitation of ward ? How is such delimitation carried out ?

Ans.  The District Magistrate is responsible for delimitation of  Municipal Wards. According to Section - 12 of Orissa Municipal Act,1950 the District Magistrate, in case of new Municipality of his own motion and in case of   Municipality already in existence, after consulting the Municipality shall by notification divide the Municipal area into Wards. The number of Wards in any Municipal Area shall not be less than eleven and more than forty and there shall be equitable distribution of population among the various Wards which shall be compact in area.

The District Magistrate publishes the proposed division of Municipal Wards inviting objections within a period of ten days and after considering the objections and suggestions publishes final statement of division of wards under Rule 2-A of Orissa Municipal Rules 1994.

Q.33. Who is responsible for reservation of wards? How is such reservation carried out?

Ans.  The District Magistrate is responsible for reservation of seats in Municipal Wards for S.Cs, S.Ts, Backward class of citizens and women as provided under section 11 of Orissa Municipal Act, 1950. Such reservation is carried out in the manner prescribed  under  section -11  of Orissa Municipal Act, 1950 read with rule -2-A and 3 of Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Election) Rules, 1994.

Q.34. Who is responsible for reservation of offices of Chairpersons & Vice-Chairpersons in favour of SC, ST   Backward class of citizen and  Women etc. ? How is such reservation carried out ?

Ans.  The State Government is responsible for reservation of offices of Chairpersons in favour of S.C, S.T. Backward  class of  citizens and  women under Section - 47(4) of Orissa Municipal Act,1950. Such reservation  is carried out according to the provisions of  section -47(3) of the O.M. Act and Rule -67 of  Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Election) Rules, 1994.

Q.35. Who is eligible to vote in Municipal elections ?

Ans.  All  persons  of 18 years of age  and enrolled as electors in the Electoral Roll  of the Municipal Ward are eligible to vote in the Municipal Elections for the said Ward.

Q.36. Who is eligible to contest as a candidate in the Municipal elections ?

 Ans. Under Rule - 25(1) of Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Election) Rules, 1994 any person whose name is registered as a voter  in any Ward in a Municipality shall be eligible to contest as a candidate   from any of the Wards of the said Municipality  if  he is not less than 21 years of age.  

Q.37. What are the disqualifications of being a candidate ?

Ans.  According to section 16 of  Orissa Municipal Act, 1950 no person shall be qualified  for election as a Councillor of a Municipality if his name is not included   in the Electoral Roll of the Municipal area , is less than  21 years of age,   is unable to read and write either English , Hindi  or the language of State  or has been adjudged by a competent Court of unsound mind or is a deaf, mute, a leprosy  or a tuberculosis  patient or is insolvent or is in arrear of any dues payable to the Municipality for a period of one year immediately preceding  the election  or is a person against whom  an order of surcharge  for willful negligence of misconduct has either been certified for payment or confirmed in appeal in respect of any money or property of Municipality  or is interested in a subsisting contract made for any work being done for the Municipality or is employed as a paid legal practitioner  or on behalf of the Municipality or as legal practitioner against the Municipality or  is an officer   or servant  under the Municipality or an honorary Magistrate within the jurisdiction of the Municipality or he is a Government Servant who has been dismissed for corruption or disloyalty to the State unless a period of five years has elapsed  since his dismissal or has been sentenced by a Criminal Court to transportation  or to imprisonment  for a period of more than six months or has been convicted  or found guilty of offence  of corrupt or illegal practice  relating to election  or  is disqualified  by or under any law for the purpose of election to State Legislature or  is disqualified  under any State Law or has more than one spouse living or has more than two children. The last named disqualification shall not apply  if the person had had more  than two children before 30.05.1995 unless he begot and additional child after the said date.

 Q.38. Which is the relevant date for determining the age (18 years) of a voter ?

Ans. According to Section -14 (b) of R.P. Act,1950 the qualifying date for determining the age of a voter means the 1^st day of January of the year in which the Electoral Roll is prepared or revised.

          The State Election Commission may prescribe any other qualifying date  at the time of publication of  Preliminary Electoral Roll for the purpose of  holding election to an ULB. 

Q.39.  Which is the relevant date for determining the age (21 years) of a candidate?

Ans.  The date of publication of the Preliminary Electoral Roll is the relevant date for determining the age of 21 years of a candidate under Rule - 25(b) of  Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Election) Rules, 1994.

Q.40. How much is the security deposit for contesting as a candidate for election to Urban Local Bodies ? Is there any concession for a candidate belonging to SC or ST ?

Ans.  Under Rule-27 of Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Election) Rules, 1994 the amount of security deposit for contesting as a candidate for election to Urban Local Bodies has been fixed at Rs.100/-. For candidates belonging to SC or ST  a concessional security deposit of Rs.50/- has been prescribed.

Q.41. What is the permissible limit of expenditure that a candidate can incur in an election?

Ans.  According to Section -17A  of Orissa Municipal Act 1950 the permissible limit of expenditure that a candidate can incur in an election is Rs.25,000/-.

Q.42. What is the method of filing accounts of election expenses ? Is there a time-limit ?

Ans. The method of  maintaining & filling of accounts of election expenses has been prescribed by the State Election Commission in notification No.4671 and Order No.4675 both dtd.24.05.97.

The time limit for submission of accounts by the candidate is   30 days from the date of declaration  of results  according to Section - 17A(5) of the Orissa Municipal Act,1950.

Q.43.What is the Penalty if a candidate/elected Councillor does not file his accounts of election expenses within the prescribed time ?

Ans.  Under Section -17A(3) of  O.M. Act,1950 failure on the part of the candidate to file his account of election expenses within the Prescribed time will be treated as a contravention of the provisions of the said section and he shall be deemed to have committed corrupt practice within the meaning of section - 28 of the Act. A candidate /elected member committing corrupt practice can be disqualified from contesting election/ continuing in office by the competent tribunal. 

Q.44.How many Corporations are there in Orissa? How many Ward Councillors are elected to these Corporations in the entire State?

Ans.  There are two Municipal Corporations, namely, Bhubaneswar and Cuttack in Orissa. Cuttack has 35 Ward Councillors whereas  Bhubaneswar has 30.

Q.45. How many Municipalities are there is Orissa ? How many Ward Councillors are directly elected to these Municipalities ?

Ans.  There are 30 Municipalities in Orissa. A total of  600 Ward Councillors are directly elected to these Municipalities.

Q.46. How many N.A.Cs are there in Orissa? How many Ward Councillors are directly elected to these N.A.Cs?

Ans.  There  are 71 N.A.Cs in Orissa. A total of  1010 Ward Councillors are directly elected to these N.A.Cs.

Q.47(a)How many polling booths were set up during the last general elections to Municipalities in July'1997 ?

Ans. Altogether 3250 Polling Booths were setup during last General Elections to Municipalities in July '97.  

(b)               How are the Polling Stations assigned  in Municipal Elections. Where are such Polling Station located?

Ans.  According to rule 36 of Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Election) Rules, 1994 read with the instructions issued by the Commission, in this behalf, the Election Officer with the prior approval of the Commission provide Polling Stations in each ward at the rate of one thousand voters for each Station. Such Polling Station should usually be located in public building. In case no suitable public building  is available in a particular Ward, a Polling Station for the said Ward can be established  in the neighbouring Ward, with the prior approval of the Commission.

Q.48. What were the total number votes polled during the last general elections and what was its percentage to the total number of electors ?

Ans.  Total number of votes polled during last General Election was  15,13,282. Its percentage was   56.15 % to the total number of electors.

Q.49. How and where is the counting done and results declared for election of Ward Councillors ?

Ans.   Counting of votes is done at the place fixed by the Election Officer   in the manner prescribed under Rule 58 of Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Election) Rules, 1994. Usually, these are public / Government buildings at the head quarters of the U.L.B.. The votes polled by each candidate are registered on Form No.XIX  and after the Election Officer  completes scrutiny he declares the results  in Form No.XX .

Q.50. What is the procedure for formal constitution of a Municipal Council ? From which date is such Council deemed as formally constituted ? What is its tenure ?

Ans.  According to section - 12 of Orissa Municipal Act, 1950, a Municipal Council is formally constituted after every General Election  which shall be conducted not later than 6 months from the date of publication of notification of new Municipalities and it is  reconstituted before the expiry of a period of 5 years from the date appointed for its first meeting after a General Election.

          Such Council is deemed as formally constituted from the date appointed for the first meeting of the elected Councillors referred to in clause (a) of section 47(2) of O.M. Act, 1950.

          The tenure of a Municipal Council is five years  from the date appointed for its first meeting.

Q.51. Are all elections to ULBs held on party lines ?

 Ans. Yes. Elections to U.L.Bs are held on party lines.

GENERAL

Q.52. Is there a separate set of Code of Conduct for elections to PRIs & ULBs ? Who has prescribed the same ? When is such code of Conduct made operational and when does it cease ?

Ans.  Two separate sets of  code of conducts have been prescribed by the State Election Commission for elections to Panchayati Raj Institutions and Urban Local Bodies vide his No.2370 dtd.20.11.96 and 4432 dtd.07.06.97 respectively. The code of conduct  is made operational from the date of notification of election programme and ceases after completion of election to respective Local Bodies.

Q.53. Does the State Election Commission separately register Political Parties for the purpose of contesting elections to ZP and ULBs ?

Ans.  The State Election Commission does not register political parties for the purpose of contesting elections to Z.P. and U.L.Bs. He takes cognizance of the registration of Political Parties made by the Election Commission of India and treats them as such for the purpose of election to Z.P. and U.L.Bs.      

Q.54. Can an election petition be made to the State Election Commission for removal/ disqualification of a member/councillor to PRIs/ULBs after completion of process of election and formal notification of the results?

Ans. No. Such election petition will lie to appropriate courts to adjudicate as prescribed under the relevant Acts and rules.

          Under Article 243(O)(b) and 243ZG(b) of the Constitution, no election of a member to PRIs/ULBs shall be called in question except through an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.