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MPTC & ZPTC Elections Nomination Process

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0% found this document useful (0 votes)
3K views19 pages

MPTC & ZPTC Elections Nomination Process

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ASO Chitvel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ELECTIONS TO MPTCs & ZPTCs 2020

TRAINING MATERIAL
CONSTITUTION, POWERS AND FUNCTIONS OF SEC:

 Under Article 243K of the Constitution of India and Section 200(1) of A.P.P.R. Act
1994, the State Election Commission is constituted for superintendence, direction
and control of preparation of electoral rolls for, and the conduct of elections to, all
Rural Local Bodies.

 Under Section 201(1), the Commission is empowered to give such directions as it


may deem necessary to the Commissioner of Panchayat Raj, District Collector or
any officer or servant of the Government and Panchayat Raj Institutions so as to
ensure efficient conduct of elections.

 Under Section 201(4) read with Article 243K(3) of the Constitution, the
Government shall place at the disposal of the Commission such staff of
Government, Gram Panchayats, MPPs and ZPPs for the purpose of conduct of
elections to Rural Local Bodies.

 Under Section 201(5), the State Election Commissioner may, subject to control
and revision, delegate his powers to such officers as he may deem necessary.

 Under Section 210(1), officers and staff employed in connection with preparation
of electoral rolls for, and the conduct of all elections to Rural Local Bodies shall be
deemed to be on deputation to the Commission and they shall be subject to the
control, superintendence and discipline of the Commission during such period.

ADMINISTRATIVE MACHINERY:

 Rule 3 of A.P.P.R. (Conduct of Elections) Rules 2006 empowers the Commission


to specify the administrative machinery for conduct of elections to Rural Local
Bodies. Notification was already issued by the Commission appointing the
following administrative machinery in connection with conduct of elections to
RLBs.
o Election Authority: Commissioner of Panchayat Raj.
o District Election Authority: District Collector in his respective district.
o Addl. District Election Authorities: Joint Collector, CEO of ZPP and DPO.
o Dy.District Election Authorities: RDOs or Sub-Collectors, as the case may be.
o Asst. District Election Authorities: Tahsildars and MPDOs.
APPOINTMENT OF RETURNING OFFICER:

 One Returning Officer is to be appointed for all ZPTCs in a Zilla Praja Parishad.
Preferably, Joint Collector may be appointed as RO. Alternatively, Chief Executive
Officer of ZPP can be appointed as RO.
 Nominations shall be received for all ZPTCs at the office of the Zilla Praja Parishad
only. Separate counters can be opened for receipt of nominations and each
counter can be manned by an ARO. More number of counters may be opened on
the last date for filing of nominations.
 For MPTC elections, an RO is to be appointed for all MPTCs in a Mandal Praja
Parishad. Preferably, senior officer working as special officer for any scheme or
programme may be appointed as RO. Alternatively, any experienced officer not
below the rank of MPDO can be appointed as RO. The RO shall be the ARO for
ZPTC election of that Mandal.
 Nominations shall be received for all MPTCs at the office of the Mandal Praja
Parishad only. Separate counters can be opened for receipt of nominations and
each counter can be manned by an ARO. More number of counters may be
opened on the last date for filing of nominations.
 Collector & DEA shall appoint ROs for ZPTC and MPTC election.
 ARO may be appointed to assist any RO. ARO shall, subject to the control of RO,
be competent to perform all or any of functions of RO, provided that no ARO shall
perform any functions of RO which relate to scrutiny of nominations, unless RO is
unavoidably prevented from performing such functions.

ELECTION NOTIFICATION:

 Election Notification issued by the State Election Commission under Rule 4 of


A.P.P.R. (Conduct of Elections) Rules, 2006 contains dates appointed for various
stages of election process commencing from issue of Election Notice by RO and
ending with declaration of results after counting of votes.
 The Election Notification contains the names of the Mandals / ZPTCs in each
district going for poll in 1st and 2nd Phases. The names of MPTCs in MPP may not
be indicated in the Election Notification. The Collectors shall not notify elections to
MPTCs for which there are legal and administrative impediments for conduct of
elections. The list of MPTCs for which elections are not held shall be sent to the
Commission.
 Elections are notified for ZPTC Yetapaka in East Godavari ZPP. Elections are not
notified to MPTCs in Yetapaka MPP of East Godavari District as the term of elected
body will expire in 2021.

ELECTORAL ROLLS:

 Electoral Roll of ZPP/MPP shall remain frozen on the date of issue of Election
Notification by the Commission.
 Any inclusions, deletions or transpositions ordered in Assembly electoral rolls by
the ERO concerned under continuous updation up to the date of Election
Notification by the Commission shall be carried out in the electoral rolls of Gram
Panchayats and consequently in the Territorial Constituency-wise electoral rolls of
ZPP/MPP.
 Under Rule 5 of Conduct of Elections Rules, 2006, the RO shall display on the
Notice Board of the ZPP/MPP the updated voters list of all the Territorial
Constituencies in ZPP/MPP, as the case may be. The updation shall be with
reference to the date of Election Notification issued by the Commission.
 Sufficient number of printed copies of updated electoral rolls to be kept ready for
conduct of elections.

ELECTION NOTICE:

 RO concerned shall issue Election Notice in Form-II in Telugu language. Election


Notice shall be signed by RO only. This Election Notice is to be displayed on the
Notice Board of the Zilla Praja Parishad and all the Mandal Praja Parishads.
 RO shall specify the particulars of election; reservation details; place, dates and
hours for presentation of nomination papers, scrutiny, withdrawal, poll, etc., in
the Election Notice.
 Election Notice is to be issued in the morning on the date appointed well before
the time for commencement of nomination filing.
 RO shall secure all the statutory and non-statutory forms and other material
required for undertaking nomination process well before the date appointed for
issue of public notice.
 Blank Nomination papers, formats for declarations to be filed by the candidates
along with nomination papers are to be supplied free of cost to all the intending
candidates.
 RO shall scrupulously follow the instructions issued by the Commission on
preparation of Check List of nominations at the time of filing of nominations by
each candidate and issue original copy of the Check List to the candidate
indicating the deficiencies and documents, if any, to be filed by the candidate and
the time limit within which the documents are to be submitted to the RO. Original
copy to be given to the candidate and duplicate to be retained with RO.

QUALIFICATION OF CANDIDATES:

 Any person aspiring to be a Member of MPTC or ZPTC by election must be


qualified and must not be disqualified under A.P. Panchayat Raj Act, 1994.
 Crucial date for determining whether a candidate is qualified or disqualified is not
the date of filing nomination paper, but the date fixed for the scrutiny of
nominations.
 No person shall be qualified for election as Member MPTC unless his name
appears on the electoral roll of the Mandal Praja Parishad concerned (in which the
MPTC is falling) and he/she is not less than twenty-one years of age.
 No person shall be qualified for election as Member ZPTC unless his name
appears on the electoral roll of the Zilla Praja Parishad concerned (in which the
ZPTC is falling) and he/she is not less than twenty-one years of age.
 Proposer of a candidate contesting for Member MPTC shall be a registered voter
in that MPTC, for which he is proposing the candidate.
 Proposer of a candidate contesting for Member ZPTC shall be a registered voter in
that ZPTC, for which he is proposing the candidate.

DISQUALIFICATIONS (SEC. 18, 19, 19A, 19B & 20A READ WITH SEC. 156 (2)
OF A.P.P.R. ACT):-

 No village servant and no officer or servant of the Government of India or any


State Government or of local authority or an employee of any institution receiving
aid from the funds of the Government and no office bearer of any body
constituted under a law made by the Legislature of the State or of Parliament
shall be qualified for being chosen as or for being a Member of MPTC / ZPTC.
 Government employees (State and Central Government), Local Body employees,
employees of PSUs are disqualified.
 Anganwadi workers are disqualified.
 Office bearers of Water Users’ Associations are disqualified.
 Chairmen and Members of Marketing Committees are disqualified.
 Chairman and Trust Board Members of charitable or religious institutions are
disqualified.
 Officer bearers of Cooperative Societies of all types are not disqualified
(cooperative societies are all organisations registered under the Cooperative
Societies Act).
 A person shall be disqualified for being chosen as and for being, a Member of
MPTC / ZPTC, if he is otherwise disqualified by or under any law for the time
being in force for the purposes of elections to the Legislature of the State,
provided that no person shall be disqualified on the ground that he is less than 25
years of age, if he has attained the age of 21 years.
 If a person is convicted for an offence under sub-sec. (1) of Sec. 8 of R.P. Act
1951 -
o with only fine, he shall be disqualified for a period of six years from the
date of such conviction; and
o if sentenced to imprisonment, he shall be disqualified from the date of such
conviction and shall continue to be disqualified for a further period of six
year since his release.
 If a person is convicted for an offence under sub-sec. (2) of Sec. 8 of R.P. Act
1951 and sentenced to imprisonment for not less than six months, he shall be
disqualified from the date of such conviction and shall continue to be disqualified
for a further period of six years since his release.
 If a person is convicted for an offence under sub-sec. (3) of Sec. 8 of R.P. Act
1951 and sentenced to imprisonment for not less than two years, other than any
offence referred to in sub-sec. (1) or sub-sec. (2), he shall be disqualified from
the date of such conviction and shall continue to be disqualified for a further
period of six years since his release.
 A person convicted by a Criminal Court for an offence under Protection of Civil
Rights Act, 1955 or for an offence involving moral delinquency shall be
disqualified for a period of five years from the date of conviction, where he is
sentenced to imprisonment, while undergoing sentence and after for a period of
five years from the date of expiration thereof.
 A person of unsound mind and stands so declared by a competent court under
the Lunacy Act, 1912 shall be disqualified.
 A deaf-mute person is also disqualified.
 An applicant to be adjudicated an insolvent by a competent court or an
undischarged insolvent is disqualified.
 A person having subsisting contract made with or any work being done for the
Gram Panchayat, MPP, ZPP or any State or Central Government is disqualified.
However, where a contract is fully performed, it shall not be deemed to be
subsisting merely on the ground that the GP / MPP / ZPP / State or Central
Government has not performed its part of the contractual obligations.
 Fair Price Shop dealers are not disqualified under Sec. 19(2)(d) as decided by
High Court in WP No. 14189 of 2006.
 Petrol Bunk dealers and Gas Distribution Company dealers are not disqualified.
 Paid legal practitioner on behalf of or against the MPP is disqualified for
contesting as Member MPTC. Paid legal practitioner on behalf of or against the
ZPP is disqualified for contesting as Member ZPTC.
 Persons employed as Manager or Secretary of any company or corporation (other
than a cooperative society) in which not less than 25% of the paid up share
capital is held by the State Government, are not eligible to contest.
 An honorary Magistrate under the CPC, 1973 with jurisdiction over any part of the
village is not eligible to contest.
 Persons having any dues otherwise than in a fiduciary capacity to Gram
Panchayat / MPP / ZPP, as the case may be, is disqualified in terms of Sec.
19(2)(i) read with Sec. 156(2) and 184(2) of the said Act. Provided that where
dues are paid and obtained a challan or receipt thereof in token of such payment,
he shall not be disqualified from the date of such payment.
 A person having more than two children shall be disqualified for contesting.
However, persons having more than two children before 30.5.1994 (i.e.,
commencement of A.P.P.R. Act) are not disqualified. Additional children born
within one year, i.e., up to 29.5.1995 will not be taken into consideration. Further,
if one or more children are born after 29.5.1995, such person will incur
disqualification. Children given on adoption shall be counted against their natural
or biological parents as decided by the High Court in WP No.17947 of 2005, dtd.
19.07.2006. The High Court also held in WP Nos. 23854 and 24267 of 2008
dtd.31.12.2008 that where triplets are born in the first issue or twins are born in
the second issue, parents of such children shall not be disqualified as things
beyond human control happened in those cases. In the following table, various
cases which fall under Sec. 19(3) and the implication of the court orders in
deciding qualification / disqualification are illustrated.
No. of Children Born
Qualified or
Before Between 30.5.1994 Total
After 29.5.1995 Disqualified
30.5.1994 and 29.5.1995
3 Nil Nil 3 Qualified
3 1 or 2 Nil 4 or 5 Qualified
3 1 1 5 Disqualified
3 Nil 1 4 Disqualified
Nil 1 1 2 Qualified
Nil 2 (single births) 1 3 Disqualified
Nil Twins 1 3 Disqualified
Nil 1 Twins 3 Qualified
Nil 1 2 (not twins) 3 Disqualified
Nil Nil 2 2 Qualified
Nil Nil 1 + Twins 3 Qualified
Nil Nil Triplets 3 Qualified
Nil Nil 3 (single births) 3 Disqualified

 Person convicted of any offences (relating to elections) punishable under Chapter


IXA of IPC, 1960 is disqualified for contesting elections for a period of six years
from the date of conviction. [Sec. 19A read with Sec. 156(2) and 184(2)].
 Any person against whom a finding of having indulged in any corrupt practice is
recorded in the verdict in an election petition filed under Sec.233 of A.P.P.R. Act,
or any person convicted of an offence punishable under Chapter II of Part-V of
A.P.P.R. Act (Election Offences) shall be disqualified from contesting elections for
a period of six years from the date of conviction or verdict, as the case may be.
[Sec. 19A read with Sec. 156(2) and 184(2)].
 Persons who failed to lodge an account of election expenses within the time and
in the manner required by or under A.P.P.R. Act shall be disqualified for
contesting for a period of three years from the date of the order issued by the
State Election Commission. [Sec. 19B read with Sec. 156(2) and 184(2)].

FILING OF NOMINATIONS:

 Candidates can obtain Nomination Paper (Form-IV) and other declaration forms to
be submitted along with nomination forms from the office of RO.
 Nominations are received from 10:30 AM to 5:00 PM on all days, including public
holidays, at the place and on the dates mentioned in the Election Notice by RO.
 Nomination paper has to be signed by the candidate and his/her proposer and it
must be presented by the candidate or his/her proposer in person. Nomination
paper submitted after appointed time or by post or through any other person
cannot be received.
 A candidate may file nominations for more than one Territorial Constituency of an
MPP / ZPP, as the case may be, but he shall withdraw his nominations to all but
one Territorial Constituency of an MPP / ZPP of his choice before the date and
time fixed for withdrawal of candidature, failing which all his nominations shall
become invalid and he shall not be allowed to contest from any Territorial
Constituency of an MPP / ZPP as the case may be.
 A candidate can contest for both MPTC and ZPTC. If he is elected to both the
posts, he has to retain one and vacate the other within 15 days from the date of
election as prescribed in G.O.Ms.No.135, PR & RD, dt:13.03.1995 [issued under
Sec.234 of A.P.P.R. Act].
 Maximum number of vehicles that will be allowed to come within the periphery of
100 metres of RO’s office at the time of nomination paper shall be one and
maximum number of persons allowed to enter RO’s office shall be three (including
candidate and/or proposer).
 Persons belonging to SC/ST/BC, contesting from a seat reserved for that
particular category, shall produce community certificate issued by competent
authority or file a declaration (embedded in Nomination form) made before any
Gazetted Officer of Government or before any officer of the Revenue Department
not below the rank of Tahsildar.
 The rates of Deposits to be made by the contesting candidates is given in the
table below.

Name of the Office Deposit to be remitted by Deposit to be remitted by


candidates, other than SC, ST SC, ST and BC candidates
and BC candidates
Member ZPTC Rs.6,000/- Rs.3,000/-
Member MPTC Rs.3,000/- Rs.1,500/-

 SC/ST/BC candidates, who wish to pay deposit at concessional rate, shall furnish
declaration in Part-III of Nomination Paper irrespective of the fact whether they
contest for a reserved seat or non-reserved seat.
 Declaration on criminal antecedents, assets and liabilities and educational
qualifications in the prescribed proforma attested by two witnesses shall be
submitted along with nomination paper. While filling the declaration, all columns
should be filled up and no column should be left blank. If there is no information
in respect of any column, either ‘Nil’ or ‘Not applicable’, as the case may be, shall
be mentioned.
 Candidates shall file declaration at the time of filing of nominations with regard to
maintenance of election expenditure accounts.
 RO shall enter date and time of filing nomination and put initials thereon. Give
running serial number to nomination papers. If more than one set of nomination
is filed by one candidate, give serial number in the order in which they are
presented. Fill up Part-VI of Nomination Form and hand over to candidate /
proposer as acknowledgement.

CHECK LIST OF NOMINATIONS FILED BY CANDIDATES:

 RO shall conduct preliminary examination of nomination papers and documents


submitted along with it and issue a Checklist to candidates making endorsement
about defects, if any, noticed in nomination paper and the documents to be
submitted. Original checklist should be kept with the nomination paper and a copy
of it is to be handed given to candidate or his/her proposer, who delivers
nomination papers to RO. Candidates have to rectify defects pointed out in the
checklist and submit documents / declarations, if any, before the deadline
indicated therein.
 All forms, declarations, certificates, if any, not submitted at the time of filing
nominations, shall be submitted to the RO, as indicated by him in checklist, before
5:00 PM on the last date for filing of nominations.

PUBLICATION OF LIST OF NOMINATIONS RECEIVED:

 RO shall publish a list of nominations received everyday in Form-V on the notice


board for the information to the public.
 On the last day appointed for the receipt of nominations and immediately after
the hour fixed for their receipt is past, RO shall publish in Telugu language a list
of all the nominations received in Form-V for Member MPTC / Member ZPTC with
a notice indicating that the nomination papers will be taken up by RO for scrutiny
at the specified place and on the date and time appointed.
SCRUTINY OF NOMINATIONS:

 Date and time for scrutiny of nominations is specified by the Commission in the
Election Notification. In addition to these particulars, place of scrutiny will also be
specified in the Election Notice issued by RO.
 RO himself should conduct the scrutiny and where RO is unavoidably prevented
from performing such function, ARO can be authorised to perform scrutiny.
 Candidate, Proposer and one other person authorised by candidate can be
present at the time of scrutiny. However, it is not necessary that the candidate or
his representative should be present at the time of scrutiny.
 Scrutiny of nominations is a quasi-judicial function of RO, but that does not give
him the status of a court. Enquiry into the question of validity or otherwise of a
nomination paper is a summary enquiry.
 Even if one of the nomination papers of a candidate is accepted, his remaining
nomination papers must also be scrutinised individually.
 All present at the time of scrutiny should be given reasonable opportunity of
inspecting all nomination papers and their accompanying documents. They should
not, however, be permitted to handle those papers.
 Where an objection is made against any nomination paper, RO must record his
decision giving reasons for accepting or rejecting the objection.
 RO can raise objection to any nomination suo motu also.
 If the nomination of a candidate has been objected to, he should be given
reasonable opportunity of rebutting the same and, where necessary, scrutiny
proceedings in relation to his nomination may be adjourned. However, scrutiny
proceedings in relation to other candidates should continue.
 If the nomination of any candidate is rejected, copy of order should be furnished
to the candidate urgently as he is entitled to file an appeal before RDO concerned
(in case of Member MPTC) and District Collector concerned (in case of Member
ZPTC) the next day.

GROUNDS FOR REJECTION OF NOMINATIONS:

 RO will examine nomination paper and decide all objections, which may be made
in application or on his own motion after such summary enquiry, if necessary, and
reject any nomination on any of the following grounds.
 If the candidate is ineligible for election under sections 17, 18, 19, 19A, 19B and
20A read with Section 156(2) and 184(2) of A.P.P.R. Act, 1994.
 If the name of the candidate is not registered in the electoral roll of the Mandal
Praja Parishad in case of election to Member MPTC.
 If the name of the proposer is not registered in the electoral roll of the Zilla Praja
Parishad in case of election to Member ZPTC.
 If there has been any failure on the part of the candidate or his proposer to
comply with any of the provisions of Rule 8 (Nomination of Candidates), 9(3)
(filing of declaration about criminal antecedents, assets and liabilities and
educational qualifications); and 10 (Deposits) of the Conduct of Election Rules.
 If the candidate’s nomination has not been delivered at the place specified in the
Election Notice issued by RO.
 If the nomination paper has been delivered to the RO or a person authorised by
him in this behalf, by a person other than the candidate or his proposer.
 If the nomination paper has been delivered to a person other than RO or person
authorised by him in this behalf.
 If the nomination paper is not substantially in the prescribed form.
 If the nomination has not been signed either by the candidate or by the proposer
or by both at the places meant for such signature in the nomination paper.
 If the deposit required has not been made in accordance with the law.
 If the signature of the candidate or his proposer is not genuine.
 If a candidate files a nomination paper to contest a seat reserved for SC/ST/BC or
Women and the candidate does not belong to such reserved category or not a
woman.
 If the candidate has not filed the declaration prescribed by the Commission on
disclosure of information regarding criminal antecedents, assets and liabilities and
educational qualifications in the prescribed proforma and attested by the
witnesses.
 Nomination paper shall not be rejected on ground of defect which is not of
substantial character, like writing / printing mistakes which are of unintentional
nature.
 Any wrong information or suppression of information in candidate’s declaration is
not defect of substantial character. However, failure to furnish declaration is
defect of substantial character entailing rejection of nomination.
PREPARATION OF LIST OF VALIDLY NOMINATED CANDIDATES:

 Immediately after all the nomination papers have been scrutinised and the
decisions either accepting or rejecting the nominations have been recorded, RO
shall prepare a list of validly nominated candidates in Form-VI and affix it on the
notice board of his office.
 There shall be one entry only in respect of each validly nominated candidate in
the list, although more nomination papers than one in respect of a candidate may
have been accepted as valid.

APPEAL AGAINST REJECTED NOMINATION:

 Decision of RO rejecting the nomination of a candidate is subject to review or


revision by the concerned Appellate Authority (RDO / Sub-Collector concerned in
case of MPTC and District Collector concerned in case of ZPTC).
 Appeals can be filed only against rejected nominations.
 No appeal can be filed or entertained against any nomination accepted in scrutiny
by RO. Any person aggrieved by the orders of acceptance of nomination by RO
may filed an Election Petition in the Election Tribunal within 30 days from the date
of declaration of results under Section 233 of A.P.P.R. Act, 1994 and A.P.P.R.
(Election Tribunals in respect of GPs, MPPs and ZPPs) Rules, 1995.
 A person whose nomination paper is rejected by RO may prefer an appeal against
the decision of RO before the concerned Appellate Authority on the day
immediately following the date of scrutiny of nominations.
 RO shall make available to the Appellate Authority all such rejected nomination
papers and documents, on which appeals were filed, immediately well in time as
the appeals are to be disposed by Appellate Authority on the next day after filing
of appeals before him.
 Orders of the Appellate Authority on the appeal filed against rejected nomination
are final. Any person aggrieved by the order of the Appellate Authority, may file
an Election Petition before the Election Tribunal after completion of elections. No
further appeal can be filed with the State Election Commission as per law.

WITHDRAWAL OF CANDIDATURE:

 Candidate may withdraw his candidature by notice in writing in Form-VII signed


by him and delivered to RO by such candidate in person at any time after
presentation of his nomination paper and not later than 3’O Clock in the afternoon
of the third day succeeding the day appointed for scrutiny of nominations whether
or not it is a public holiday.
 Notice of withdrawal of candidature can be delivered by the proposer or election
agent authorised in writing by the candidate, where notice cannot be delivered by
such candidate.
 RO shall give a receipt in Form-VII on being satisfied about the genuineness of
such notice of withdrawal and the identity of candidate and shall cause for its
publication in Form-VIII.
 Candidate cannot be allowed to withdraw his notice of withdrawal of candidature
once it is submitted.
 No provision for retirement from contest after the last date fixed for withdrawal of
candidature.

SUBMISSION OF FORM-A AND FORM-B:

 Candidates set up by Recognised Political Parties and Registered Political Parties


(with or without reserved symbol) are required to submit Form-A / Form-B as per
the deadlines given below.
o Form-A shall be submitted to the Collector & District Election Authority
concerned before 5:00 P.M. on the last date for making nominations.
o Form-B shall be submitted to the Returning Officer concerned before 3:00
P.M. on the last date for withdrawal of candidature.

Setting up of candidate by a political party – Submission of Form-A / Form-B:

 Categories of political parties entitled to set up candidates through


Form-A / Form-B:

o Recognised National Parties registered with APSEC.


o Recognised State Parties in the State of Andhra Pradesh registered with
APSEC.
o Recognised State Parties of other States registered with APSEC.
o Registered Political Parties with a reserved symbol.
o Registered Political Parties without a reserved symbol.
o Registered Political Parties without a reserved symbol for which a common
free symbol is allotted under paragraph 6A of the Symbol Order, 2001.

 Requirements to be fulfilled by candidates set up by political parties:


o The candidate has made the prescribed declaration to this effect in the
nomination paper;
o The candidate is a member of a particular political party and his/her name is
borne on the rolls of members of that party;
o A notice by the political party in writing in Form-A and/or Form-B, as the case
may be, delivered to the designated authority within the time prescribed
herein;

 Form-A:

o Authorizing a party functionary to sign Form-B in respect of any area / region /


district / local body.
o Form-A to be delivered to Collector & DEA before 5:00 P.M. on the last date
for filing of nominations.
o Collector & DEA will arrange to send copies of Form-A with his/her
endorsement to the Returning Officers concerned before 3:00 P.M. on the last
date for withdrawal of candidature.
o In case of Recognised National Party, the authorisation in Form-A shall be
signed by the President / General Secretary of the State Unit of that party. In
case of all other categories of political parties, the authorisation in Form-A
shall be issued by the President / General Secretary of that party.

 Form-B:

o Form-B is an intimation about the name(s) of the candidate(s) set up by


the party for the local body constituencies.
o Form-B shall be delivered to the Returning Officer concerned before 3:00
P.M. on the last of withdrawal of candidature. It is the responsibility of the
political party concerned to deliver Form-B to the RO before the deadline.
o If any political party chooses not to authorize any functionary in Form-A,
such political party may directly issue Form-B on setting up of candidate(s)
and send it to the Returning Officer concerned before the deadline.
o If any political party has authorized party functionaries in Form-A, such
authorized party functionary shall issue Form-B intimating the names of the
candidates set up by the party for local body constituencies directly to the
Returning Officers concerned before the deadline.
o Form-A to be delivered to the Collectors & District Election Authorities and
Form-B to be delivered to the Returning Officer concerned have to be
signed in ink only by the President / General Secretary or persons
authorised by the political parties.
o No facsimile signature or signature by means of rubber stamp, etc., of
President / General Secretary or authorised person shall be accepted and
no form transmitted by fax shall be accepted by the Collector & DEA or the
Returning Officer, as the case may be.

 Substitution of a candidate by a political party:

o A Political Party which has given a notice in Form-B in favour of a


candidate for a local body constituency may rescind that notice and may
give a revised notice in Form-B in favour of another candidate for that
constituency.
o It should be clearly indicated in the revised notice in Form-B that the
earlier notice in Form-B has been rescinded.
o The revised notice shall reach the Returning Officer concerned before 3:00
P.M. on the last for withdrawal of candidature.
o The said revised notice in Form-B shall be signed by the same party
functionary who has issued earlier notice in Form-B.

 Receipt of more than one Form-B:

o In case more than one notice in Form-B is received by the Returning


Officer in respect of two or more candidates for a local body constituency
and the political party fails to indicate in such notices in Form-B that the
earlier notice(s) in Form-B has or have been rescinded, the Returning
Officer shall accept in notice in Form-B in respect of the candidate whose
nomination paper was first delivered to him and the remaining candidate(s)
in respect of whom also notice(s) in Form-B has or have been received by
him, shall not be treated as candidates set up by such political party.

 General Guidelines:

o The substitute candidate (also commonly called dummy candidate) of a


political party will set in only in the event of the nomination of the main
candidate being rejected in scrutiny or withdrawal of candidature by the
main candidate (if the nomination of substitute candidate is otherwise valid
and he is still in the field).
o Where a candidate has made a declaration in his nomination paper that he
has been set up by the political party but could not produce authorization
in Form-A / Form-B from the political party concerned within the stipulated
time, he shall be treated as an independent candidate.
o Where a candidate has not made a declaration in any of his nomination
papers that he has been set up by a particular party, he shall not be
deemed to have been set up by that party even if that party gives you
intimation to that effect in Forms A / Form B subsequently, and he shall
not be allotted the symbol reserved for that party. He shall be treated as
an Independent.

PREPARATION OF LIST OF CONTESTING CANDIDATES:

 The list of contesting candidates shall be prepared in Telugu in Form-IX as


specified in Rule 15(1) of A.P.P.R. (Conduct of Elections) Rules, 2006.
 For the purpose of listing, the names of the candidates shall be classified into four
categories, namely –
o Candidates of recognized political parties (National and State political
parties in the State of Andhra Pradesh and the State political parties in the
other States come under this category);
o Candidates of registered political parties with a reserved symbol;
o Candidates of registered political parties without a reserved symbol; and
o Independent candidates.
 The serial numbers of the candidates of all the above four categories shall be
given consecutively and not separately for each category.
 The names of the candidates in Form-IX shall be arranged in Telugu alphabetical
order on the basis of the first letter of their names as written in the nomination
papers irrespective of whether the name given is a proper name or surname. The
initials, if any, prefixed to the name of the candidate shall be ignored for the
aforesaid purpose.
 If two candidates in the same category have the same name but different initials,
then the two names should be arranged inter-se with reference to the first letter
of the initial.
 Further, if two or more such candidates have the same name but different
surnames, then their names should be arranged inter-se in alphabetical order with
reference to the surnames.
 If two or more candidates falling under the same category bear the same name,
they shall be distinguished by the addition of their occupation or residence or in
some other manner. In the list of contesting candidates, names of such
candidates shall be arranged in the order in which their nominations were
received by RO.
 There will also be no objection to the addition of any honorific, academic,
hereditary, professional or any other title to the name of a candidate, but such
title should on no account be taken into consideration, in the arrangement of
names in alphabetical order.
 It should be noted that only the name of the candidates in same serial order as
they appear in the list of contesting candidates in Form-IX shall be printed on the
ballot paper.
 There is no need to print or affix symbol allotted to the contesting candidates in
Form-IX. It is enough to mention the name of the symbol in Col. 5 of the said
form.
 Copy of the list is to be furnished to each of the contesting candidates besides
displaying it on the notice board.
 Detailed illustration on arrangement of names of contesting candidates is given in
Commission’s Circular No. 40/SEC-B1/2019, dt.26.03.2019 (Page No. 76 to 79 of
Compendium of Instructions).

ALLOTMENT OF SYMBOLS TO CANDIDATES:

 In case of election (contest), RO shall assign to every contesting candidate a


distinctive symbol as per the provisions of Registration of Political Parties and
Allotment of Symbols Order 2001, as amended from time to time, and any other
instructions issued by the Commission in this behalf.

Allotment of symbols to candidates set up by Recognised Political Parties


registered with the APSEC:

 Candidates set up Recognized National and State parties registered with the
APSEC shall get only the symbols reserved for those parties in the symbol
notification.
 Candidates set up by Recognized State parties of other States registered with the
APSEC will get only the symbols reserved for those parties in the symbol
notification.

Allotment of symbols to candidates set up by Registered Political Parties


with reserved symbol:

 Candidates set up by Registered political parties with a reserved symbol to get


only the symbol reserved for those parties in the symbol notification.

Allotment of common free symbols to candidates set up by Registered


Political Parties without reserved symbol:

 Under Para 6A of Symbol Order 2001, a registered political party without a


reserved symbol can apply to APSEC for allotment of a common symbol for its
candidates from among free symbols. Subject to fulfillment of certain conditions,
APSEC may allot common symbol to such parties.
 If orders are issued by APSEC for allotting common symbol to candidates of a
registered party without a symbol, RO shall allot common symbol as per orders of
APSEC.

Allotment of symbols to candidates set up by Registered Political Parties


without reserved symbol:

 No symbol is reserved for any registered political party without reserved symbol.
 These candidates have to choose symbols from the list of free symbols notified by
APSEC in symbol notification.
 Every such candidate can give three options of free symbols in order of
preference in the nomination form.
 If such candidate has given option for a particular free symbol as his first
preference, he shall be allotted that symbol to the exclusion of all independent
candidates.
 If candidates of more than one registered political parties without reserved
symbols have given their first preference for the same free symbol, RO shall
decide by lot which of those candidates should be given that free symbol.
 However, if any of those candidates is, or was, immediately before the election,
holding the same office, and was allotted that free symbol at the previous election
to the same office, he shall be allotted that symbol without drawal of lot.
 If a candidate does not get any of the free symbols as per his preferences, he
shall be allotted a symbol at the end of the allotment process (including the
allotment of symbols to independent candidates) from out of the remaining free
symbols available for allotment with RO.

Allotment of symbols to independent candidates:

 The independent candidates have to choose symbols from the list of free symbols
notified by APSEC in symbol notification.
 Every such candidate can give three options of free symbols in order of
preference in the nomination form.
 If such candidate has given option for a particular free symbol as his first
preference and no candidate of a registered political party without a reserved
symbol has opted for that symbol as first preference, he shall be allotted that
symbol.
 If candidates of more than one independent candidates have given their first
preference for the same free symbol, RO shall decide by lot which of those
candidates should be given that free symbol.
 However, if any of those candidates is, or was, immediately before the election,
holding the same office, and was allotted that free symbol at the previous election
to the same office, he shall be allotted that symbol without drawal of lot.
 If a candidate does not get any of the free symbols as per his preferences, he
shall be allotted a symbol at the end of the allotment process (including the
allotment of symbols to other independent candidates) from out of the remaining
free symbols available for allotment with RO.

DECLARATION OF RESULT OF UNCONTESTED ELECTION (UNANIMOUS):

 If there is only one validly nominated candidate after the last hour for withdrawal
of candidature (for the office of Member MPTC or for the office of Member ZPTC),
RO shall forthwith declare such candidate(s) as duly elected in Form-X and send
the same to the Commission, Election Authority and DEA.
 RO shall grant such unanimously elected candidate a Certificate of Election in
Form-XXIX.

***

Common questions

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A candidate who files nominations for more than one Territorial Constituency must withdraw nominations for all but one of the constituencies before the date and time fixed for withdrawal of candidature. Failing to do so results in all nominations being invalid, and the candidate cannot contest any seat .

The RO handles the quasi-judicial function of scrutinizing nomination papers, ensuring all processes follow legal standards. They can raise objections suo motu and decide on validity. Objections must be detailed in the record, allowing affected candidates to rebut. Scrutiny for involved candidates can be adjourned, but for others, it proceeds continuously .

The list of contesting candidates is arranged in Telugu in Form-IX, classifying candidates into four categories: those from recognized political parties, registered parties with or without reserved symbols, and independents. Names are ordered alphabetically by the first letter of their names as written in the nomination papers. If the names are identical, the ordering considers the initials or surnames .

A Recognized Political Party must submit Form-A authorizing a party functionary to sign Form-B, notifying the candidates they set up, to respective authorities. Form-A should be delivered to the Collector & District Election Authority by the final nomination date, and Form-B to the Returning Officer by the last date for withdrawal. These forms must be signed by authorized party officials .

A candidate can withdraw their nomination by submitting a notice to the RO, who issues a receipt in Form-VII and publishes it. Once the last withdrawal date has passed, candidates cannot retire from the race, making any attempt to withdraw invalid and legally non-actionable .

A candidate aspiring to be a Member of Mandal Praja Parishad (MPTC) must have their name on the electoral roll of the concerned Mandal Praja Parishad and be at least twenty-one years of age. The candidate must not be disqualified under the A.P. Panchayat Raj Act, 1994, and the crucial date for determining qualification is the date fixed for nomination scrutiny, not the filing date .

A substitute candidate for a political party can take the place of the main candidate if the latter's nomination is rejected during scrutiny or if they withdraw, provided the substitute's nomination is valid and they remain in contention. This is contingent on the substitute having been properly nominated within the party's guidelines .

If a candidate declares in the nomination paper they are set up by a party but fails to provide Form-A/Form-B from the party within the deadline, they will be considered as independent. Additionally, if no declaration is made in any nomination about being a party candidate, they remain independent even if the party subsequently confirms with Forms A/B .

Court orders influence the disqualification of candidates concerning the birth of children. A candidate may be disqualified if they have more than two children born after 29.5.1995. The rules provide specific scenarios under which candidates qualify or disqualify based on the periods their children were born and the number of births. For instance, someone with two children born before 30.5.1994 and a third after 29.5.1995 is disqualified .

During the scrutiny of nomination papers, if there are any objections to be raised against a nomination, the Returning Officer (RO) must record their decision with reasons for either accepting or rejecting these objections. The candidate should be given an opportunity to rebut the objections, and scrutiny may be adjourned if necessary. However, scrutiny for other candidates should continue .

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