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ORDER Sub:- Scrutiny of Nominations for Seats Reserved for SC STATE ELECTION COMMISSION, ODISHA TOSHALIBHAWAN, B-2,1ST FLOOR, SATYANAGAR BHUBANESWAR-751007 E-mail ID :[email protected] Fax No. 0674-2573494 No. 4534/SEC dtd. 18-11-2016 ORDER Sub:- Scrutiny of nominations for seats reserved for S.C./ S.T. /Backward Class of citizens-Procedure regarding. Seats have been reserved for Scheduled Caste, Scheduled Tribe and Backward Class of citizens under the Odisha Grama Panchayat Act, 1964, Odisha Panchayat Samiti Act, 1959 and Odisha Zilla Parishad Act, 1991 in pursuance of Article 243-D of the Constitution of India. The list of Scheduled Castes for Odisha as per the Constitution ( Scheduled Castes) Order, 1950 and of Scheduled Tribes as per Constitution ( Scheduled Tribes) Order 1950 are indicated in Annexure I & II, respectively. The list of Backward Class of citizens have not been even in the three State Acte and Rules. (2) The Commission, therefore, in exercise of its power under Article 243-K of the Constitution and such other enabling powers in that behalf, has directed that the list of Socially and Educationally backward classes, notified by the Government of Odisha, in ST and SC Development Department from time to time will be adopted for purpose of filling up the seats reserved for backward class of citizens (BBC). The up-to-date list of such Socially and Educationally backward classes obtai ned from the Government of Odisha, is given inAnnexure III. (3) The Commission has further noted that in the Nomination Forms prescribed under the three election Rules, there is space for the candidate to declare that he/she is a member of Scheduled Caste or Scheduled Tribes or Back Ward Classes of the State of Odisha. (4) In the three State Acts and respective election rules framed there under there is no provision or prescribed procedure as to how the claim of a candidate that he/she belongs to Scheduled Caste/Scheduled Tribe or backward class of citizens should be substantiated or verified. Since large number of seats have been reserved for Scheduled Caste/Scheduled Tribes and Backward class of citizen in Grama Panchayats/Panchayat Samities/Zilla Parishads it is necessary that candidates belonging to the reserved categories for which the post is reserved contest the election. In this regard, the following guidelines which are being issued in consonance with the relevant guidelines on nomination, scrutiny, withdrawal and allotment of symbols (Instruction SI. No.17) issued by the Election Commission of India in their letter No. 4/3/2008/JS-1l/Vol.III, dated 2nd July 2008 addressed to the Chief Electoral Officers of all States and Union Territories may be adopted while scrutinizing nominations for reserved seats of Ward Member, Sarapanch, P.S.Member and Z.P.Member. (a) All those contesting to the seats reserved for SC/ST/BCC shall have to submit the caste certificate of that category issued by the competent authority along with nomination form. 365 (b) Xerox copy of caste certificate shall be enclosed with nomination form and the candidate or his representative may be asked to submit the original certificate for verification during the time of scrutiny. Non submission of caste certificate by a candidate shall lead to rejection of candidature. (c) Caste certificate issued from the competent authority anywhere in the State of Odisha is acceptable but caste certificate issued from outside the State is not acceptable. (d) If a candidate has declared in the nomination form that he/she belongs to Scheduled Caste/Scheduled Tribes or Backward Class of citizens, the same should first be verified with reference to the enclosure at 1,11, and III of this order, as the case may be. (e) On verification, the Election Officer is to satisfy himself that the candidate contesting for reserved seat belong to SC/ST/ BCC as the case may be. (f) Where the certificate produced by the candidature is challenged that the certificate produced is forged or is not issued by the competent authority, the Election Officer should get the position cross checked with the authority which purportedly issued the SCI ST/ BCC candidate in question, before deciding the validity of the nomination paper of the candidate concerned. If on such cross checking /verification the Election Officer is satisfied that the certificate in question is not genuine, he shall not only reject the nomination of the candidate concerned but also initiate criminal proceeding against the candidate for adducing forged documentary evidence before him. (g) If the Election Officer receives information in connection with change of religion of a person belonging to Scheduled Caste by which he has ceased to become a Member of Scheduled Caste or any objection filed with concrete evidence stating change of religion through which the concerned person is no more a member of the Scheduled Caste, the Election Officer after such summary enquiry shall decide the issue. As a measure of abundant caution, the Election Officer will urge upon the candidate where caste certificate is under challenge to file an affidavit duly sworn in before the Executive Magistrate or before Notary Public stating that he continues to be a Member of the Scheduled Caste indicating his/her sub-caste. In case candidate declines to file affidavit during the period of scrutiny the Election Officer shall record the fact and take appropriate decision in the matter of acceptance of the nomination on the basis of his summary inquiry. Earlier instructions regarding scrutiny of nominations for seats reserved for SCI ST/ BCC issued by the Commission in Order No. 4048, dtd 6-11-2006 shall be deemed to have been modified to the extent as may be necessary to confirm the directions contained in this communication, from the date of it’s issue. By the order and in the name of State Election Commission Sd/- Secretary ■ ■ . 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