Chapter IV - CHIEF MINISTER

 

Election of Chief Minister.

15.    (1) After the election of the Speaker and the Deputy Speaker following a general election, or wherever the office of the Chief Minister falls vacant for any reason, the Assembly without debate one of its members as the Chief Minister.

Chapter IV substituted vide Notification NO.PAB/Legis:1(03)/ 2013 dated 5th September, 2013.

 

 

 

           (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 Secretary a nomination paper set out in the Schedule V 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 Secretary 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 Schedule V.

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

 

Scrutiny.

16.    (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 15, in the presence of such candidates, their proposers or seconders as may wish to be present.

EXPLANATION.– Where he determines the time for scrutiny of nomination papers other than the time mentioned in this sub-rule, the Secretary 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; or

(b)   any provision of Rule 15 has not been complied with; or

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

          (3) Notwithstanding anything in 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 remedied 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.

 

Withdrawal.

17.    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.

 

Election.

18.    (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 Schedule VI.

          (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.

Governor to be informed.

19.   The Speaker shall, as soon as may be, inform the Governor the name of the Chief Minister elected under these rules.

 

Vote of confidence in Chief Minister.

19-A. (1) Whenever the Governor requires the Chief Minister to obtain a vote of confidence from the Assembly in a session summoned for the purpose under clause (7) of Article 130 of the Constitution, voting shall be recorded under Schedule VI.

 

           (2)   A Member, nominated by the Chief Minister, may give notice in writing to the Secretary for moving a resolution of seeking a vote of confidence in the Chief Minister under sub-rule (1) and the Secretary shall, as soon as possible, circulate the notice to the Members.

           (3) The notice for moving the resolution under sub-rule (2). -

(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 sufficient circulation for purposes of sub-rule (2); and

(c)   shall be entered in the name of the Member    concerned by the Secretary in the Orders of the Day.

EXPLANATION.– In this sub-rule, “short notice” includes a notice given on the day on which consideration of resolution is contemplated.

         (4) The Speaker shall take up the resolution under sub-rule (2) or matter on the day fixed by the Governor to take up the matter of vote of confidence under sub-rule (1).

Rule19-A substituted vide Notification No.PAB/legis:I(3)/2013 dated 5th April, 2018

          (5)  After the resolution is moved, the Speaker shall not adjourn the sitting of the Assembly on that day until the resolution is voted upon.

          (6) The Speaker shall not allow any debate on the resolution under this rule and shall hold voting under Schedule VI.

          (7) In a sitting fixed for moving of a resolution under sub-rule (2) or taking up the matter under sub-rule (1), there shall be no business or proceedings other than those relating or consequential to the resolution or the matter.

          (8) If, on the day fixed by the Governor for obtaining a vote of confidence from the Assembly under sub-rule (1), the Chief Minister refrains from obtaining the vote of confidence, the Speaker shall declare that the Chief Minister does not command the confidence of the majority of the Members.

 

          (9) The Speaker shall, as soon as possible, inform the Governor the result of the proceedings under this rule.

 

 

Resolution for vote of no confidence against Chief Minister.

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 




Declaration of Leader of the Opposition.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Removal of Leader of the Opposition.

19-B. (1) A notice of a resolution under clause (1) of Article 136 of the Constitution shall be given in writing to the Secretary by not less than twenty per centum of the total membership of the Assembly.

          (2) The Secretary 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.

          (4)  Leave, to move the resolution, shall be asked for after the recitation from the Holy Quran, and before any other business entered in the List of Business is taken up:

          Provided that the Speaker shall call such Members as may be in favour of the leave being granted to rise in their seats, and if less than twenty per centum of the total membership of the Assembly rise in their seats, he shall declare that the Member has not the leave of the Assembly and when the requisite number so rise he shall call upon the Member to move the resolution.

 Proviso to Sub-Rule 4 of Rule-19-B added vide Notification No.PAB/ Legis: (3)/2013 dated 5th April, 2018.

           (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 Schedule VI 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.


LEADER OF THE OPPOSITION.

19-C. (1) Subject to this rule, the Speaker shall declare the Leader of the Opposition.

 

           (2) After the election of the Chief Minister consequent to the general elections, or the vacation of office of the Leader of the Opposition owing to any cause or on the requisition of majority of the members of the Opposition, the Speaker shall inform the members of the Opposition about the date, time and place for submission of the name for Leader of the Opposition.

 

          (3) The Speaker, after verification of the signatures of the members, shall ascertain the majority on the date, time and place fixed for submission of the name of Leader of Opposition and declare the member who commands the majority of the members of the Opposition as Leader of the Opposition.

 

          (4) In case a member of the Opposition has signed two or more proposals or he has not signed any proposal, the Speaker may ascertain the signatures of such a member for purposes of declaration of the Leader of the Opposition under this rule.

 

 

Rule19-C added vide Notification No.PAB/Legis: I (3)/2013 dated, 5th April, 2018.

19-D. (1) A notice signed by a majority of the members of the Opposition may be given to the Secretary showing that

the Leader of the Opposition has lost the support of the majority of the members of the Opposition.

 

          (2) The name of the proposed Leader of Opposition shall be mentioned in the notice under sub-rule (1).

 

          (3) After verification of the signatures of the Members of the Opposition, if the Speaker is satisfied that the Leader of the Opposition does not command the majority of the members of Opposition, he shall declare that the Leader of the Opposition stands removed.

 

          (4) When the Leader of Opposition is removed, the Speaker shall immediately ascertain the member who commands majority of the members and declare him as the Leader of the Opposition.

 

          (5) The Speaker shall follow the procedure contained in rule 19-C for ascertainment of the majority under this rule.

 

19-E.  Whenever the office of the Leader of the Opposition becomes vacant, it shall be filled in the manner provided in rule 19-C.