Freequently Asked Questions

October 19, 2022 by admin

Here is the list of a few Frequently Asked Questions related to elections in Haryana State.

State Election Commission Haryana

Q.N. 1	By which order/notification of the Government, the SEC, Haryana was constituted?
Answer	The SEC, Haryana was constituted under the provisions of Article 243K read Article 243 ZA of the Constitution of India, vide Government Notification No. S.O.101/Const/Art.243A/243ZA/93 dated 18th November 1993.

Q.N.-2	What is the composition of the State Election Commission?
Answer	The State Election Commission is a single member Commission comprising the State Election Commissioner.

Q.No.-3	Who appoints the State Election Commissioner and what is his/her tenure in the office?
Answer	The Governor of the State appoints the State Election Commissioner for a period of five years from the date he/she assumes the office or till he/she attains the age of sixty-five years, whichever is earlier.

Q.N.-4	What is the role of the State Election Commission?
Answer	The State Election Commission has been vested with the powers of superintendence, direction, and control of the preparation of electoral rolls/voter lists for, and the conduct of, all elections to the PRIs and municipalities under article 243K of the Constitution of India and section 161 (3) of Act, 1994, section 9 of the Act, 1994 and section 3A of the Act, 1973.

Panchayati Raj Institutions PRIs

Q.N.- 1	Who is eligible to get his/her name included in the voter’s list of a PRI?
Answer	Any person, whose name exists in the relevant part of the electoral roll of the State Legislative Assembly constituency till the first day of filing of nomination of the PRI.

Q.N.-2	Which authority is responsible for the preparation of the voter’s list of PRIs?
Answer	Deputy Commissioner-cum-District Election Officer (P) concerned.

Q.N.-3	What is the validity period of the existing voter’s list?
Answer	The existing voter’s list of the Panchayati Raj Institutions shall continue to be valid till revision of the existing voter’s list.

Q.N.-4	Whether any person can inspect the voter’s list and ask for a certified copy of it.
Answer	Yes. A fee of rupees two per page has been prescribed for providing certified copies of the voter’s list.

Q.N.-5	What is the term of the PRIs (Gram Panchayats, Panchayat Samitis, and Zila Parishads)?
Answer	Five years from the date of 1st Meeting.

Q.N.-6	How are members of the PRIs elected?
Answer	Members of PRIs are elected directly by the electors who are registered as voters in the voter’s list of Gram Panchayat of the concerned Ward.

Q.N.-5	Who is eligible to vote in elections to the PRIs?
Answer	Answer All persons who are registered as voters in the voter’s list of the concerned ward of the PRIs.

Q.N.-8	How are the Chairpersons/Vice-Chairpersons of Panchayat Samitis and President/Vice President of Zila Parishad elected?
Answer	Chairperson/Vice Chairperson of the Panchayat Samiti and President/Vice Presidents of the Zila Parishad are elected indirectly by the elected members from amongst themselves of the Panchayat Samiti and Zila Parishad concerned.

Q.N.9	Who is eligible to contest elections in the PRIs elections?
Answer	Any person who has attained the age of twenty-one(21) years and whose name is entered in the list of voters of PRIs shall, unless disqualified under Haryana Panchayati Raj Act, 1994 or rules made there under for the time being in force, is be eligible to contest the election of PRIs.
Q.N.10	Which is the relevant date to determine the age of 21 years for the candidate to contest the election of PRIs?
Answer	The date for scrutiny of nominations is the relevant date to determine the age of 21 years of a candidate to file nomination for contesting the election of PRIs.

Q.N.11	What is the educational qualification prescribed for contesting the election of PRIs ?
Answer.	The following educational qualification is prescribed in the Act, 1994 to contest PRIs election:-

Name of the post	Category
	General/BC	Women and SC	SC (Women)
	Should have passed the following examination
Member Zila Parishad	10th	8th	8th
Member Panchayat Samiti	10th	8th	8th
Sarpanch	10th	8th	8th
Panch	10th	8th	5th

Q.N.12	What is the security amount specified to contest the election of PRIs?
Answer	Under Rule 28 of the Rules, 1994, the following amounts have been prescribed for the candidates to be deposited with the nomination paper of the PRIs:
	Name of office	General	Scheduled Caste and Backward Class
	Panch	Rs.250/-	Rs.125/-
	Sarpanch	Rs.500/-	Rs.250/-
	Member Panchayat Samiti	Rs.750/-	Rs.375/-
	Member Zila Parishad	Rs.1000/-	Rs.500/-
Q.N.13	What is the expenditure limit prescribed for contesting elections of PRIs?
Answer.	Name of Office		Expenditure limit (in rupees)
	Panch		50,000/-
	Sarpanch		2,00,000/-
	Member Panchayat Samiti		3,60,000/-
	Member Zila Parishad		6,00,000/-
Q.N.14	Election Observers are appointed under which provisions?
Answer	Election Observers are appointed by the SEC in the exercise of the powers vested under Article 243K of the Constitution of India, Section 173-A of the Haryana Panchayati Raj Act, 1994 read with Section 20B of the Representation of the People Act, 1951.

Q.N.15	Under which section of the Act provisions of disqualifications for being elected as and for being a Member are prescribed?
Answer	Under section 175 of the Haryana Panchayati Raj Act, 1994.
Q.N.16	Under this provision election expenditure is required to be filed by the contesting candidates?
Answer	As per provisions contained in the Haryana Panchayati Raj Election Expenditure (Maintenance and Submission of Accounts) Order, 1996 issued by the State Election Commission.
Q.N.17	What is the time limit to file election expenditure statement?
Answer.	Within 30 days after the declaration of the election result.
Q.N.18	What action can be taken against a candidate/ elected person if he/she does not file the accounts of election expenses within the prescribed limit or who incurs election-related expenditure beyond the prescribed limit?
Answer	He/she can be removed from the office (if elected) and he/she can be disqualified for contesting an election for a period of three years from the passing of such order.
Q.N.19	What are the total numbers of Panchayats, Panchayat Samitis, and Zila Parishads in the State?
	Name of Panchayati Raj Institution	No.	Name of office	No.
	Gram Panchayats	6228	Sarpanch	6228
			Panch	62077
	Panchayat Samiti	143	Members	3087
	Zila Parishads	22	Members	411
Q.N.20	Counting of votes and declaration of result of the PRIs are provided under which provision?
Answer	Rule 62 of the Haryana Panchayati Raj Election Rules, 1994.
Q.N.21	Whether elections to PRIs in the State are held on party lines?
Answer	Yes, Elections to Panchayat Samiti and Zila Parishad can be held on Party lines, only if t h e political parties wish to contest on party symbol.
Q.N.22	Who is the authority to determine the reservation of wards in PRIs?
Answer	State Government (Development and Panchayat Department)
Q.N.23	Which authority determines the reservation of offices of Sarpanches, Chairpersons of Panchayat Samitis, and President of Zila Parishads in the State of Haryana?
Answer.	The reservation of Sarpanch, Gram Panchayat, Chairperson/Vice-chairperson of Panchayat Samiti and President/Vice-President of Zila Parishad is determined by State Government (Development & Panchayat Department)
Q.N.24	What is the term of office of a Member of PRIs, if elected against a casual vacancy (during bye-election)?
Answer	The remaining period of the seat against which he/she is elected.
Q.N.25	Whether an election petition can be filed before the SEC or State Government Authority?
Answer	No

Q.N.26	Who is the competent authority to decide the election petitions?
Answer.	Civil Court of the district concerned designated as Election Tribunal.
Q.N.27	Whether any period of filing the election petition has been prescribed?
Answer.	Yes, within 30 days after the declaration of the election result.
Q.N.28	Whether NOTA is applicable in the election of PRIs?
Answer.	Yes
Q.N.29	What will be the effect if NOTA got the highest number of votes?
Answer.	None of the contesting candidates will be declared as elected. In such a situation, a fresh election shall be held and all such contesting candidates who have secured fewer votes than NOTA shall not be eligible to re-file the nomination/contest election
Q.N.30	Whether the political parties are registered separately by the SEC for the purpose of contesting elections to the PRIs?
Answer	“No” The political parties registered with the Election Commission of India under section 29A of the Representation of the People Act, 1951 are treated as registered with the SEC without any formal registration. Similarly, the National Parties and State Parties recognized by the Election Commission of India are recognized by the SEC. However, the SEC issues its own notification w.r.t. the political parties recognized and registered by the Election Commission of India from time to time.
Q.N.31	How many votes are required by the contesting candidate in PRIs election so that his/her security deposit is not forfeited?
Answer.	The number of votes received by the candidate in the case of Panch, Member Panchayat Samiti, and Zila Parishad should exceed 1/3rd of the total number of votes polled for the candidate who is elected and in the case of Sarpanch, it should exceed 1/10^th of the total number of votes polled for the office of Sarpanch to ensure that his/her security deposit is not forfeited.
Q.N.32	Which alternative documents can be produced for establishing the Voter’s identity if Elector’s Photo Identity Card (EPIC) is not available to the Voter?
Answer	The Aadhar Card issued by UIDAI, Passport, Driving License, Income Tax Identity (PAN) Card, Service Identity Card issued to employees by Central/State Government Offices, Public Sector Undertakings, Local Bodies or other public Limited Companies, Pass Book of accounts, having photographs, opened in a scheduled Bank or Post Office, Freedom Fighter Identity Card having a photograph, SC/ST/OBC certificate having a photograph, issued by the competent authority, Certificate of Physical Handicap having photograph issued by the Competent Authority, Arms License having a photograph,Job Cards with photograph issued under the National Rural Employment Guarantee Scheme, Property documents with photographs such as Pattas, Registered Deeds etc, Pension Documents such as Ex-Servicemen Pension Book/Pension Payment Order, Ex-Servicemen’s Widow/Dependent Certificate, Old Age Pension Order, Widow Pension Order, with photograph, Health Insurance Scheme Smart Cards with Photograph, Ration Cards with photographs. or any other similar documents having photographs establishing the identity of the electors to the satisfaction of the Presiding Officer.

Q. No.33	Whether the SEC has the power to remove an elected member of PRIs after the issuance of formal notification of the result?
Answer.	Yes, only on one condition. If an elected person fails to file the account of election expenditure or who incurred expenditure beyond the prescribed limit.
Q.N.34	Whether an adopted son who has a different (biological) father’s name in educational qualifications and voters list can contest the election?
Answer	Yes, the SEC has issued a clarification in this respect vide letter No.SEC/4E- II/2021/431-432, dated 09.06.2021.
Q.N.35	Whether nomination papers filed by a candidate not signed at the time of submission or filing of nomination papers can be signed thereafter before the scrutiny of nomination papers or not?
Answer.	Nomination papers cannot be signed after submission or before scrutiny.
Q.N.36	Whether a candidate is allowed to appoint persons as polling agents from anywhere?
Answer.	No. Such person who is appointed by the candidate as polling agent must ordinarily be a resident and elector of the concerned polling station area only and not from outside the concerned polling area
Q.N.37	Under which rule name of any person can be included, deleted and corrected in the finally published voters’ list?
Answer	Rule 12B of the Haryana Panchayati Raj Elections Rules, 1994.
Q.N.38	Is canvassing allowed near the polling booth on the day of polling?
Answer.	No canvassing shall be allowed within a distance of one hundred meters of the polling booth on the day of polling.
Q.N.39	Whether there is a separate Code of Conduct for PRIs elections?
Answer.	Yes, a separate Model Code of Conduct has been prescribed by the SEC, with respect to PRIs elections and a booklet has been printed for this purpose. At the time of general elections and bye-elections of the PRIs, the Model Code of Conduct comes into force from the date of announcement of the election program by the SEC and it remains in force till the declaration of results of the elections.

Q.N.40	From which date the Model Code of Conduct is enforced and operational up to which date?
Answer.	The Model Code of conduct is enforced from the date of announcement of the election schedule and is operational till the declaration of results of the elections.
Q.N.41	In which area the model code of conduct is applicable during general elections and bye-elections?
Answer.	During General elections of PRIs in the State of Haryana, the model code of conduct is applicable in the Zila Parishad area or Panchayat Samiti area, or Gram

	Panchayat area where general elections are to be held. During bye-election(s), the model code of conduct is applicable in the ward(s) where elections are to be held.
Q.N.42	What are the salient features of the Model Code of Conduct?
Answer.	The salient features of the Model Code of Conduct for PRIs elections lay down how political parties, contesting candidates, and party(s) in power should conduct themselves during the process of elections i.e. on their general conduct during electioneering, holding meetings, and processions, poll day activities and functioning of the party in power, etc.
Q.N.43	Whether Govt. transport can be used for electioneering work?
Answer.	No.
Q.N.44	Are there any restrictions on using religious places for election propaganda?
Answer.	Yes. Any place of worship like a Temple, Mosque, Church, Gurudwara, etc. cannot be used for the election campaign.
Q.N.45	Can a candidate go to the office of Returning Officer for filing a nomination with a procession?
Answer.	Yes, provided he/she will give prior information to the police authority concerned in this regard and the expenditure on the procession will be counted towards election expenditure.
Q.N.46	Is there any restriction on the use of rest houses, dak bungalows, or other Govt. accommodations for the campaign office or for holding any public meeting for the purpose of election propaganda?
Answer.	Yes. No Government property can be used for campaign/office or for holding any public meeting for the election propaganda.
Q.N.47	Whether there is any ban on the use of plastic sheets for making use of posters/banners during the election campaign?
Answer.	The political parties and candidates should try to avoid the use of plastic/polythene for the preparation of posters, banners, etc. in the interest of environmental protection.
Q.N.48	Whether there is any restriction for holding a public meeting or taking out processions?
Answer.	Yes, Prior written permission should be obtained from the district administration (Sub-Divisional Magistrate) for holding of a meeting at any public or private place and for taking out processions.
Q.N.49	Whether there is any time limit for using loudspeakers?
Answer.	Yes. The loudspeaker cannot be used at night between 10.00 P.M. and 6.00 A.M.
Q.N.50	What is the deadline after which no public meetings and processions can be taken out?
Answer.	Candidates cannot hold public meetings and processions during the period of 48 hours ending with the hour fixed for the conclusion of the poll.
Q.N.51	Whether there are any guidelines for political parties/candidates for issuance of unofficial identity slips to voters?
Answer.	Yes. The unofficial identity slip, on white paper, shall contain only the particulars of the voter i.e. name, Serial number of the voter, part No. in the electoral roll, Serial no. and name of Polling Station, and date of Poll. It should not contain the name of the candidate, his photograph, and or a symbol.
Q.N.52	Whether the use of the mobile phone is allowed in the polling station?
Answer.	The use of the Mobile phones in the polling station is strictly prohibited.

Q.N.53	Is there any restriction on going with arms to or near the polling stations?
Answer.	Carrying of the arms inside or near a polling booth is strictly prohibited.
Q.N.54	How many vehicles a candidate is entitled to use on the day of the poll?
Answer.	Not more than 2 vehicles including the vehicle in which he/she is traveling.
Q.N.55	Whether Political Party/Candidate can make arrangements for transporting voter to and from Polling Station?
Answer.	No.
Q.N.56	Whether there are restrictions on plying of Govt./private vehicles on the poll day?
Answer.	No, Vehicles not carrying voters to polling booths are allowed to ply in the village/city for normal transport purposes.

Leave a Comment Cancel reply