In a situation where there are no nominations or all the nominations are rejected, it is take as a first election. Then a second and final chance for fresh filing of nominations is given where no nomination could be had, which in this case was done from 20th to 22nd January 2012. However there were no nominations in this time as well. This is taken as second election and in case the seat still doesn't have any candidate in fray, it is deemed as failure of election and the relevant rules relating to nomination of a public representative is invoked and the process of appointing a nominee is initiated.
Collector Rayagada, as per the letters given below has intimated the State Election Commission about the same and the necessary steps for nominations has been initiated.
Rule 30 of Orissa Gram Panchayat Election rules, 1965; the sub rule 11 of Rule 11 of Orissa Panchayat Samiti Election Rules, 1991 and rule 13 of Orissa Zilla Parishad Election Rules, 1994, will be invoked now, where in case of Ward members and Sarpanch, the nominations of public representatives will be done by the Sub Divisional Magistrate. In case of Panchayat Samiti and ZP members, the nomination of the public representative is done by the government.
The bigger question is that these rules have been framed keeping in mind a situation where for some reasons no one files a nomination or all nominations are rejected and also hoping that only some stray cases, particularly at the lower strata of the Panchayati raj system, will present such situation. While framing these rules, no one might have contemplated a situation, that exists in Kashipur block now, which is one of organized and predetermined mass boycott and non filing of nomination for many posts, in many places.
For anyone, be it the government itself or government servants, it will be a fairly difficult task to nominate public representatives of all strata in the Panchayati Raj system ( if they may be so called) for as big area as an entire block.
The situation in Kashipur has brought to fore an unprecedented situation as far as election process is concerned. It remains to be seen how the government and the district administration handle such 'nomination' situation.
