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Q.No.21
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What
are the provisions for composition of Zila Parishad and election
to its President and Vice-President?
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Ans.
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Under
Section 118 of the 1994 Act, every Zila Parishad shall consist of-
(a)
the members directly elected from the wards (which shall not be
more than thirty and not less than ten)
(b)
the Chairman of Panchayat Samitis in the district, ex-officio members
(c)
the members of the House of People, Haryana Legislative Assembly
whose constituency lie within the district or part thereof, ex-officio
members; and
(d)
the President or Vice-President who shall be elected by and amongst
the elected members of the Zila Parishad
Under
Section 121 read with Rule 77 of the 1994 Rules, a President or
Vice-President of Zila Parishad shall be elected by and from amongst
the elected members in a meeting convened for the purpose by the
Deputy Commissioner of the district.
The
ex-officio members have no right to vote at the time of election
of the President and Vice-President. However, they can exercise
this right in other matters including at the time of cancellation
of No Confidence Motion as President and Vice-President..
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Q.No.22
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What
are the provisions for Motion of No Confidence against the Chairman
and Vice-Chairman of Panchayat Samiti?
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Ans.
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As
per provisions contained in the first proviso to Section 62 (1)
of the 1994 Act, the Chairman and Vice-Chairman of a Panchayat Samiti
can be removed if a resolution is passed on motion of No Confidence
by not less than two third of the total number of elected members
of Panchayat Samiti at a meeting convened by the Sub-Divisional
Officer (Civil) under Rule 10(1) of the 1994 Rules.
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Q.No.23
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What
are provision for Motion of No Confidence against the President
and Vice-President of Zila Parishad?
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Ans.
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Under
the provisions contained in Section 123(2) of the 1994 Act, the
President or Vice-President of Zila Parishad can be removed if the
resolution is passed on Motion of No Confidence by not less than
2/3rd of the total number of elected Members of Zila
Parishad at a meeting convened by the Deputy Commissioner under
Rule 10 of the Haryana Panchayati Raj Rules,1995
However,
no requisition can be entertained before the expiry of one year
from the date on which the election to Chairman or Vice-Chairman
of Panchayat Samiti or President or Vice-President of Zila Parishad,
as the case may be, was notified. Whenever a meeting is convened
during the term of office of Chairman and Vice-Chairman of Panchayat
Samiti and President or Vice-President of Zila Parishad for considering
the Motion of No Confidence and such motion for vacating the office
fails, no further meeting shall at any time thereafter be convened
for considering similar proposal unless a period of atleast one
year intervenes between the last failure and the date on which
such further meeting is convened.
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Q.No.24
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Who
has right to vote in the Panchayat elections?
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Ans.
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Under
the provisions contained in Section 165 of the 1994 Act read with
Section 172 of the Representation of People Act, 1950, all persons
of eighteen years and above who are registered as voters in the
list of voters of the concerned Panchayati Raj Institution, prepared
for the conduct of Panchayat elections, are eligible to vote in
the Panchayat elections.
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Q.No.25
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Who
are the persons entitled to be elected as Members of Panchayati
Raj Institutions?
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Ans.
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As per provisions contained in Section 173(2) of the 1994 Act, all
persons who have attained the age of twenty one years and whose
name is in the list of voters, shall unless disqualified under
this Act or under any other law for the time being in force, be
qualified to be elected from any electoral divisions i.e. constituencies
of Panchayati Raj Institution. However, any person whose name is
not entered in the list of voters of the concerned Panchayati Raj
Institution, shall not be qualified to be elected from the electoral
division i.e. constituency thereof.
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Q.No.26
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What
are the disqualification for membership of the Panchayati Raj Institutions?
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Ans.
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Person shall be disqualified for being elected to a Gram Panchayat,
Panchayat Samiti or Zila Parishad if –
(i)
he is a Citizen of India; or
(ii)
his name is not entered in the list of voters in respect of the
concerned Panchayati Raj Institution; or
(iii)
Is convicted under the Protection of Civil Rights Act, 1955 unless
a period of five years has elapsed since his release or since his
conviction; or
(iv)
has convicted of any other offence and has been sentenced to imprisonment
for not less than six months, unless a period of five years, or
such lesser period as the Government may allow in any particular
case, has elapsed since his release; or
(v)
is of unsound mind or
(vi)
is insolvent; or
(vii)
has been removed from any office held by him in a Panchayati Raj
Institution before the commencement of this Act under the Punjab
Gram Panchayat Act, 1952 and the Punjab Panchayat Samiti Act, 1961
and a period of five years has not elapsed from the date of such
removal; or
(vii)
has been disqualified from holding office under the provisions of
this Act; or
(viii)
holds any salaried office or office of profit in any Panchayati
Raj Institution; or
(ix)
is directly or indirectly by himself or his partner any share or
interest in any work done by order of the Panchayati Raj Institution;
or
(x)
in any transaction or money advanced or borrowed from any officer
or servant or any Panchayati Raj Institution; or
(xi)
fails to pay any arrear of any kind due of the Panchayati Raj Institution
or any sum recoverable from him in accordance with the provisions
of this Act within three months after a special notice has been
served upon him in this respect; or
(xii)
is a servan6t of Government or any Local Authority; or
(xiii)
is disqualified or has been disqualified under any other provisions
of this Act and the period for which he was so disqualified has
not elapsed; or
(xiv)
has been during the period of one year from the date of election,
in an unauthorized possession of land or other immovable property
belonging to the Panchayati Raj Institution; or
(xv)
being a Sarpanch or Panch or a member of the Panchayati Raj Institution,
has cash in hand in excess of that permitted under the rules and
does not deposit the same alongwith interest prescribed under the
Act within the time specified; or
(xvi)
being a member or Chairperson of the Panchayati Raj Institution
has in his custody the prescribed records and registers and other
property belonging to, or vested in the Panchayati Raj Institution
and does not handover the same in pursuance of a general or special
order of the prescribed authority within the time specified in the
order; or
(xvii)
has more than two living children;
Provided
that this disqualification of more than two living children shall
not apply for the persons who had more than two living children
before 21st April, 1995 unless he had additional child
after the said date.
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Q.No.27
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What
is the qualifying date for attaining the age of eighteen years of
a voter?
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Ans.
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The first day of January of the year in which the list of voters
is prepared or revised is the qualifying date for attaining the
age of eighteen years of a voter.
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Q.No.28
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What
is the relevant date for attaining the age of twenty one years of
the candidate?
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Ans.
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The
relevant date for attaining the age of twenty one years of the candidate
is with the date fixed for scrutiny of nomination papers.
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Q.No.29
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What
are the amounts of security deposits prescribed for contesting the
elections as a candidate for election to Panchayati Raj Institution?
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Ans.
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Under Rule 28 of the 1994 Rules, the rates of the security deposits
have been prescribed per details given below :-
(in rupees)
Panch -
50
Sarpanch - 100
Member Panchayat Samiti - 150
Zila Parishad - 200
However,
the amount of security to be deposited by the candidates of Scheduled
Castes and Backward Classes are given below :-
(in rupees)
Panch - 20
Sarpanch - 50
Member Panchayat Samiti - 75
Zila Parishad - 100
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Q.No.30
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What
are the limits of expenditure prescribed for the candidate which
they can incur in the elections?
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Ans.
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The
limits of expenditure have been prescribed for the candidates by
the State Election Commission for the various offices of the Panchayati
Raj Institutions, as per details given below :-
Panches
– Rs.5000/-
Sarpanches
– Rs.15000/- (a Gram Panchayat having upto 15 wards)
Sarpanches
– Rs.25000/- (a Gram Panchayat having more than 15 wards)
Member
Panchayat Samiti – Rs.50000/-
Member
Zila Parishad – Rs.100000/-
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Q.No.31
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What
are the number of the Gram Panchayats and Panches and Sarpanches
elected to these Gram Panchayats?
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Ans.
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There
are 6035 Gram Panchayats in the State and thus 6035 Sarpanches
have been elected as Chairpersons of these Gram Panchayats. Further,
54764 Panches have been elected to the 54764 wards of the Gram Panchayats.
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Q.No.32
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What
are the numbers of Panchayat Samitis and Members directly elected
to these Panchayat Samitis?
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Ans.
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There
are 114 Panchayat Samitis in the State and 2426 Members are directly
elected to these Panchayat Samitis.
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Q.No.33
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What
are the numbers of Zila Parishads and Members directly elected
to these Zila Parishads?
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Ans.
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There
are 19 Zila Parishads in the State for which 314 Members are directly
elected.
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Q.No.34
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What
were the numbers of Polling Booths set-up during the Second General
Panchayat Elections to the Panchayati Raj Institutions held in March,
2000?
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Ans.
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16146
Polling Stations were set-up in the Second General Panchayat elections
to the Gram Panchayats, Panchayat Samitis and Zila Parishads held
in March, 2000.
Generally
one polling station is created for each ward and the polling station
is located in a public building located in the ward itself In case
no suitable public building is available in the ward, then it can
be located in some private building and also outside the ward.
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Q.No.35
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What
is procedure for the Counting of votes and declaration of results
of election of Panches and Sarpanches of Gram Panchayats?
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Ans.
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In the booklet/guidelines issued by the Commission for the Returning
Officers and Polling Officers, after the close of Polling, the votes
polled for elections to the office of Panches and Sarpanches are
counted by the Presiding Officers at the polling stations itself.
The result for election to Panches are declared on Form no.18 and
that of Sarpanch on Form No.19.
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Q.No.36
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What
is procedure for Counting of votes for election to Panchayat Samitis
and Zila Parishads and declaration of results thereof?
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Ans.
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The
counting of votes for the office of Members of Panchayat Samitis
and Zila Parishads is made on the dates and at the centres prescribed
by the Deputy Commissioner-cum- District Election Officers (Panchayats).
The results are declared by the Returning Officer of the Panchayat
Samiti after compiling the result sheets prepared by the counting
staff on Form 20.
Similarly
the elections to the office of Members of Zila Parishads are declared
by the Deputy Commissioner who is also the Returning Officer of
the Zila Parishad after compiling the result sheet received from
the Asstt. Returning Officer (Panchayat) for Zila Parishad on Form
21.
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Q.No.37
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Are
the election to the Panchayati Raj Institutions held on party lines?
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Ans.
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(1) As
per provisions contained in para 9(1) of the Registration of Political
Parties and Allotment of Symbols, Order, 2004, issued by the Commission
vide No.SEC/2E-III/2004/4381, dated 23/04/2004, the election to
the office of Panches and Sarpanches of the Gram Panchayats are
not held on party lines.
(2)
However, the elections to the Members of Panchayat Samitis and Zila
Parishads are held on party lines for which the National Parties
recognized and registered with the Election Commission of India
and the State level Political Parties in the State of Haryana recognized
and registered with the Election Commission of India and with the
State Election Commission can set-up their candidate for election
to the Panchayat Samitis and Zila Parishads.
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