باب نمبر 4: وزیر اعلیٰ

Chapter IV

[1][A – Election

17.   Election of Chief Minister.- (1) After the election of the Speaker and the Deputy Speaker following a general election, or whenever the office of the Chief Minister falls vacant for any reason, the Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members as the Chief Minister.

            (2)        At any time before 5:00 pm preceding the day on which the Chief Minister is to be elected, any member may nominate another member for election as the Chief Minister (hereinafter called ‘the candidate’) by delivering to the [2][Secretary General] a nomination paper set out in the First Schedule signed by himself as proposer and by another member as seconder, together with a statement signed by the candidate that he consents to the nomination.

            (3)        The nomination paper in terms of sub-rule (2), may be delivered either by the candidate, or the proposer, or the seconder.

            (4)        A candidate may be nominated by more than one nomination paper but no member shall subscribe, whether as proposer or seconder, more than one nomination paper at an election.

            (5)        The [3][Secretary General] shall endorse under his signature the date and time of the receipt on each nomination paper, shall record it in the register maintained for the purpose, and shall issue an acknowledgement as set out in the First Schedule.

            (6)        If a member has subscribed to more than one nomination paper, the nomination paper delivered to the [4][Secretary General] prior in time shall be valid and all subsequent nomination papers shall be invalid and shall not be taken into consideration.

18.   Scrutiny.- (1) The Speaker shall, at 6:00 pm on the day preceding the day of the election or at such other time as he may determine, scrutinize the nomination papers received in terms of rule 17, in the presence of such candidates, their proposers or seconders as may wish to be present.

            Explanation.- Where the Speaker determines the time for scrutiny of nomination papers other than the time mentioned in this sub-rule, the [5][Secretary General] shall intimate the candidates, the proposers and the seconders, the time determined by the Speaker for scrutiny of the nomination papers.

            (2)        The Speaker may reject a nomination paper if he is satisfied that-

(a)  the proposer or the seconder or the candidate is not a member;

(b)  any provision of rule 17 has not been complied with; or

(c)  the signature of the proposer or the seconder or the candidate is forged.

            (3)        Notwithstanding anything in [6][sub-rule] (2), the Speaker shall not reject a nomination paper on the ground of any defect which is not of substantial nature and may allow any such defect to be rectified at the time of scrutiny.

            (4)        The Speaker shall endorse on each nomination paper his decision accepting or rejecting the nomination paper and shall, in case of rejection, record brief reasons for the rejection of a nomination paper.

            (5)        The rejection of a nomination paper of a candidate shall not invalidate the nomination of the candidate through another valid nomination paper.

            (6)        The decision of the Speaker, accepting or rejecting a nomination paper, shall be final.

19.   Withdrawal.- A candidate may withdraw his candidature at any time before the commencement of the election by submitting an application, in writing under his hand, to the Speaker.

20.   Election.- (1) Before the commencement of the election, the Speaker shall read out to the Assembly the name or names of the candidates validly nominated in the order in which their nomination papers were received and shall proceed to conduct the election in accordance with the procedure prescribed in the Second Schedule.

            (2)        If there is only one contesting candidate and he secures the votes of the majority of the total membership of the Assembly, the Speaker shall declare him to have been elected as the Chief Minister; but, in case, he does not secure that majority, all proceedings for the election, including nomination of the candidates, shall commence afresh.

            (3)        If no candidate secures the votes of the majority of the total membership of the Assembly in the first poll, the Speaker shall conduct a second poll between the candidates who secure the two highest numbers of votes in the first poll and shall declare the candidate who secures the majority of votes of the members present and voting to have been elected as Chief Minister:

            Provided that if the number of votes secured by two or more candidates securing the highest number of votes is equal, the Speaker shall hold further polls between them until one of them secures the majority of votes of the members present and voting, and shall declare such candidate to have been elected as the Chief Minister.

21.   Governor to be informed.- The Speaker shall, as soon as may be, inform the Governor the name of the Chief Minister elected under these rules.]

B – Vote of Confidence

22.   Vote of confidence in Chief Minister.– (1) A member may give notice in writing to the [7][Secretary General] for moving a resolution for seeking a vote of confidence in the Chief Minister under [8][clause (7)] of Article 130 of the Constitution and the [9][Secretary General] shall, as soon as may be, circulate the notice to the members.

            (2)        The notice for moving the resolution under sub-rule (1)–

            (a)  shall contain a statement signed by the Chief Minister that he has consented to the moving of the resolution;

            (b)  may be given at short notice and its announcement in the House or release to the news media shall be a sufficient circulation for purposes of sub-rule (1); and

            (c)  shall be entered in the name of the member concerned by the [10][Secretary General] in the List of Business, as soon as may be, after the receipt thereof.

      Explanation:– In this sub-rule, ‘short notice’ includes a notice given on the day on which its consideration is contemplated.

            (3)        The resolution may be taken up on any day including a holiday, an off day or a private members’ day.

            (4)        After the resolution has been moved, the Assembly shall not be adjourned on that day until the resolution has been voted upon.

            (5)        There shall be no debate on the resolution under this rule and voting shall be held in accordance with the provisions of the Second Schedule.

            (6)        In a sitting fixed for the moving of a resolution mentioned in sub-rule (1), there shall be no business or proceedings other than those relating or consequential to the resolution.

            (7)        If, on the day fixed by the Governor for obtaining a vote of confidence from the Assembly under [11][clause (7)] of Article 130 of the Constitution, the Chief Minister refrains from doing so, it shall be deemed that he does not command the confidence of the majority of the members.

            (8)        The Speaker shall, as soon as may be, inform the Governor the result of the proceedings under this rule.

C – Vote of No Confidence

23.   Resolution for vote of no confidence against Chief Minister.– (1) A notice of a resolution under clause (1) of Article 136 shall be given in writing to the [12][Secretary General] by not less than twenty per centum of the total membership of the Assembly.

            (2)        The [13][Secretary General] shall, as soon as may be, circulate the notice to the members.

            (3)        A notice under sub-rule (1) shall be entered in the name of the members concerned in the List of Business for the first working day after the expiry of seven clear days of the receipt of the notice.

[14][(4) Leave to move the resolution shall be asked for after the commencement of the sitting in terms of sub-rule (3) of rule 24 and before any other business on the List of Business, is taken up.]

      (5)  When the resolution is moved, the Speaker may, after considering the state of business, allot a day for the voting on the resolution:

      Provided that the resolution shall not be voted upon before the expiry of three days, or later than seven days, from the day on which the resolution is moved in the Assembly.

      (6)  On the day appointed under sub-rule (5), the Speaker shall, without debate, put the resolution to the vote of the Assembly in accordance with the provisions of the Second Schedule and the Assembly shall not be adjourned on that day until the resolution has been voted upon.

      (7)  There shall be no other business on the day allotted by the Speaker for consideration of, and voting on, the resolution.

      (8)  The Speaker shall, as soon as may be, inform the Governor of the decision made by the Assembly in respect of the resolution.