CONSTITUTION AND RULES

OP

JANATA DAL (united)

JANATA DAL (United)7, JANTAR PJ1ANTAR ROAD

NSW OSLHI-1H 0 001

JANATA DAL (United)7, Jantar Mantar Road,

New Delhi - 110001

ARTICLE IName of the Party

The name of the Party is JANATA DAL (United)

ARTICLE II

Aims and Objects

Janata Dal (U) shall bear true faith and allegiance tothe Constitution of India as by law established, and to theprinciples of socialism, secularism and democracy, and woulduphold the sovereignty, unity and integrity of India.

Janata Dal (U) is dedicated to the task of building up ademocratic secular and socialist State of India on Gandhian prin-ciples, inspiration from our rich heritage and the noble traditionsof our struggle for national independence and individual liberty.The Party believes in a polity that ensures decentralization of eco-nomic and political power. It affirms the right of peaceful and demo-cratic dissent, which includes satyagraha or non-violent resistance.

The concept of a theocratic State is against the prin-ciples of Janata Dal (U) and no member of an organisationhaving faith in a theocratic State shall be a member of theJanata Dal (U).

ARTICLE ffl

Organisational structure

Janata Dal (U) shall consist of:

1. National: (a) The Plenary session or Specialsession of the Party;

(b) The National Council;(c) The National Executive;

JANATA DA'

JANATA DAL f U n gNEW DELHI • 110 001

2. State Units:

3. District Units:

4. Intermediate Units:

5. Primary Units:

Note:

(a) The State Councils;

(b) The State Executives;

(a) The District Councils;

(b) The District Executives

(a) Block or Tehsil or ConstituencyCouncils;

(b) Block or Tehsil or ConstituencyExecutives;

Primary Committees:

(1) The area of Block or Tehsil orConstituency and Primary Unitswill be determined by the StateCouncil concerned;

(ii) For the purpose of this Constitu-tion the word 'State' includes'Union Territory'.

(iii) All cities with Municipal Corpora-tions shall be treated as separatedistricts for the purposes of thisConstitution;

(iv) A Metropolitan area with morethan 15 lakh population may bedivided into more than one Dis-trict and their area shall be deter-mined by the State Executive.

JANATA DAL (United)7, JANTAR MANTAR ROAD

ARTICLE IV NEW DELHI-110 001

Area of State Units:

1. The State Units of the Party shall conform to the State andUnion Territories, mentioned in the First Schedule of the Con-stitution of India.

Provided that the National Executive may sanction the settingup of a Council for the Metropolitan areas of Mumbai, with re-gional status, which shall be within the jurisdiction of theMaharashtra State Unit of the Party. The powers and functionsof this Council shall be defined under the rules framed by theNational Executive;

Provided further that for administrative convenience the Na-tional Executive may with the consent of the State Executivetransfer areas of one State or Union Territory to another StateUnit.

Provided further, that the National Executive may not set up aParty Unit in any State or Union Territory, if exceptional cir-cumstances so warrant;.

2. The Headquarters of a State Unit shall be located in the capitalof the State or the Union Territory concerned, provided that aState Council may, with previous sanction of the National Exe-cutive, change its headquarters.

ARTICLE V

Membership

(a) (i) Any person of the age of 18 or over, who accepts ArticleII shall, on making a written declaration in Form A and onpayment of a biennial subscription of Rs.2 only can be-come a primary member of Janata Dal (U), provided that he/she is not a member of any other political Party, communal orother, which has a separate membership, Constitution andprogramme;No legislator or office-bearer of the Janata Dal (U) shallparticipate in the activities of any communal organisation.

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No member of Janata Dal (U) shall work in any frontorganisation which functions in competition with the onesponsored by the Janata Dal (U);

(ii) No person shall become a primary member, except in his/herpermanent place of residence, or where he/she carries onhis/her work;

(iii) The term of membership, primary and active, shall be from1st January to 31st December of the following year.'

Active Membership

(b) Any primary member may become an active member, by en-rolling 25 primary members biennially, by signing a declara-tion in Form B and by fulfilling the following conditions:

1. He/She shall enrol himself/herself as a subscriber to at least onepartyjournal;

2. He/She is of the age of 18 or over;

3. He/She is a habitual wearer of hand-spun and handwoven khadi;He/She abstains from alcoholic drinks and intoxicating drugs;

5. He/She does not observe or recognise untouchability in anyshape or form;

6. He/She believes in communal unity and has respect for the faithof others;

7. He/She undertakes to have a minimum training and to perform aminimum task, as may be prescribed by the National Execu-tive;

(c) Primary and Active membership shall be continuous so long asthe biennial subscription is paid according to rules made there-under and the other conditions prescribed are fulfilled. Renewalof primary and active membership will be deemed to have beencompleted by depositing of the requisite membership fee or feesand by filling the renewal of membership forms, primary oractive, as the case may be;

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(d) The biennial subscriptions paid by primary and active mem-bers shall be distributed in the following proportions amongthe respective units:

National Council 15%

State Council 25%

District Council 25%

Other Units 35%

Note: 35% share of primary and active membership subscription shallbe proportionately distributed amongst various subordinate unitsbelow the District Council. The proportion shall be determinedby the State Council concerned.

(e) All members of the Executives at the National, State and Dis-trict levels shall pay regularly such contributions as may beprescribed by the National Executive;

(f) Every District unit shall organise at least once in six months ameeting of all active members in its area to scrutinise and coor-dinate their activities.

ARTICLE VI

Term of office

The term of all office-bearers, every Council and every Com-mittee shall ordinarily be two years.

ARTICLE VH

Register or list of members

1. Permanent lists or registers of active and primary mem-bers shall be prepared by the District Executive duly au-thenticated and certified by the State Executive, in accor-dance with the rules prescribed. The State Executive shallsupply lists of their active members to the Central Office ofthe National Executive and keep it informed of the changes

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JANATA DAL (United)7, JANTAR MANTAR ROAD

made therein from time to time;

2. The lists or registers prepared by the District Executivesshall contain the full name, address, age, occupation, dateof enrolment and serial number of membership form ofevery member;

3. Membership shall cease by death, resignation, removal ornonpayment of biennial fee.

ARTICLE

Qualifications for Voters and Candidates

1. Every primary member, included on the primary members'roll prepared in accordance with the rules framed in thisbehalf by the National Executive, shall be entitled to votein the election to the Primary Committee;

2. Only an active member, whose name has been entered inthe Register or list of active members, shall be eligible forelection to any Council or Executive above the level of thePrimary Unit;

3. No office bearer shall be eligible to hold the same office fora third consecutive term.

ARTICLE IX

Special Representation

1. The National Executive and the Executives at the State andlower levels may co-opt upto 10% of the total membership ofthe National Council, State and other lower level Councils con-cerned.

2. A co-opted member of the National Council and the Councilsat the State and lower levels shall not exercise any voting rightin any organisational election nor shall he/she contest any elec-tion in the organisation; however, no person who is a co-optedmember shall be debarred for that reason, from seeking electionto full membership of any Committee in the normal manner.

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• i n n n i n VAlk (W//HCU/

7, JANTAR MANTAR ROAO

3. In the constitution of and election to the Councils, Committeesand office bearers at the block level and above, it shall be en-sured that the backward castes, Scheduled Castes/Tribes mi-norities and women shall be given not less than 60% represen-tation in a manner that at least one member from each of theabove categories is included therein.

ARTICLE X

Primary Committee

1. A Primary Unit may be set up in an area coterminus with aGram Panchayat or a Ward or a Mohalla or a polling Station orany such area as may be decided by the District Council wherethere are at least one active member and 25 primary members;provided that in hill areas the number of primary members re-quired shall be 15 only;

2. A Primary Committee shall consist of a minimum of 5 and amaximum of 11 members, including the President elected bythe Primary members of the Unit;

3. The President of a Primary Committee shall be an active memberof the party.

4. The President may appoint a Secretary from among the mem-bers of the Committee.

ARTICLE XI

Block or Tehsil or Constituency Council

1. A Block or Tehsil or Constituency Council shall consist of:

(i) Members elected by the primary units, within the area ofthe Block or Tehsil or Constituency Council at the rate ofone member per primary unit having a primary member-ship of upto one hundred and two members, if the mem-bership is more than a hundred,

(ii) Ten representatives elected by Party members in PanchayatSamities and municipal bodies situated within the area of

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the Block or Tehsil or Constituency Council, from amongstthemselves,

(iii) Co-opted members,

2. No Block or Tehsil Constituency Council shall be set up unless50% of the Primary Committees are duly constituted in its area;

3. A Block or Tehsil or Constituency Executive shall consist of15 members including the President elected by the members ofthe Block or Tehsil or Constituency Council, in accordance withthe rules prescribed. The President shall appoint Secretariesfrom among the members of the Block or Tehsil or ConstituencyExecutive;

4. The President of the Block or Tehsil or Constituency Unit shallconvene a meeting of the office bearers of the Primary units in itsarea at least once in three months.

ARTICLE XII

District Council

1. A District Council shall consist of:

(i) Members of the Block or Tehsil or Constituency Executive,falling within its jurisdiction;

(ii) Members elected, in accordance with the rules prescribedfrom the local bodies situated within the area of the Dis-trict Council, not exceeding 100 of the total number of partymembers in such bodies;

(iii) Ex-Presidents of the District Council who have completedone full term and are active members;

(iv) Members of Janata Dal (U) in legislatures both Central andState from the District;

(v) Leaders of Janata Dal (U) in Municipal Corporations,Municipalities and District Boards, Zila Parishad orJanapada in the District;

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JANATA DAL >'"-,7, JANTAR KANTX.R

(vi) Co-opted members

2. No District Unit shall be set up unless 50% of the intermediateunits are duly constituted in its area:

3. A District Executive shall consist of not more than 51 mem-bers, including the President elected by the members of the Dis-trict Council in accordance with the rules prescribed. The Presi-dent shall appoint the following office bearers from among themembers of the District Executive:

Three Vice-Presidents

A Treasurer

Not more than five Secretaries.

4. The District President shall convene a meeting of the office-bearers of intermediate units in its area at least once in threemonths.

ARTICLE XIII

State Council

1. The State Council shall consist of:

(i) Representatives elected by the District Councils at the rateof one per each Assembly or Metropolitan Constituency;

(ii) All members of Janata Dal (U) in the State Legislature con-cerned and all members of Parliament from that State;

(iii) Ex-Presidents of the State Council who have served a fullterm and are active members of Janata Dal (U);

(iv) The Leader of Janata Dal (U) in the State Legislature;

(v) Presidents of the District Councils, provided that they shallnot be eligible to become either the President or the Secre-tary of the State Janata Dal (U);

(vi) The National Council Members who reside in the State,;

(vii) Co-opted members.

2 No State Council shall be set up unless 50%6f the District Unitsare duly constituted in its area;

3. Every member of the State Council shall pay a biennial fee ofRs. 50 to the State Council;

4. The State Executive shall consist of not more than 65 members(including the President), elected by the State Council, in ac-cordance with the Rules prescribed. The President shall appointthe following office-bearers from among the members of theState Executive:

Not more than five Vice-presidents;

Secretary-General;

Treasurer;

Not more than ten General Secretaries;

Not more than ten Secretaries;

The Leader of Janata Dal in the State legislature shall be ex-officio member of the State Executive.

5. The State President shall convene a meeting of the office-bear-ers of the District Units in its area at least once in six months.

ARTICLE XTV

National Council

1. The National Council shall consist of :

(i) Representatives elected by the members of State Council,equivalent to the number of Lok Sabha members which theState is entitled to elect, b£ proportional representation,with the single transferable vote;

(ii) Presidents of the State Council and Presidents of the Dis-trict Councils, Leaders of Janata Dal (U) in State Legisla-

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TAOALC"iTARUANT

2W DELHI- 1tures and Delhi Metropolitan Council and the Leader ofJanata Dal (U) in Parliament;

(iii) All members of Janata Dal (U) in Parliament;

(iv) Ex-Presidents of Janata Dal (U), Ex-Prime Ministers andEx Chief Ministers who are active members of the Party;

(v) Co-opted members.

Members of the National Council shall have to contest electionfrom their respective States.

5% members of the National Council shall be nominated fromamongst professionals and social workers from different fields.

2. The National Council shall have power to frame Rules, notinconsistent with this Constitution for regulating all mattersconnected with Janata Dal (U) which shall be binding on all sub-ordinate units. The National Council shall meet as often as re-quired by the National Executive, or on a joint requisition ad-dressed to the National Executive, by not less than 20% of thetotal number of National Council members, having full votingrights. A requisition shall specify the purpose for which therequisitionists desire a meeting of the National Council. A req-uisitioned meeting shall be held within 2 months of the receiptof the requisition, provided that not more than one requisitioncan be moved in one year. At any requisitioned meeting, addi-tional items of business may be brought up by the National Ex-ecutive for consideration;

3. At all meetings of the National Council other than requisi-tioned meetings, at least 4 hours shall be allotted for consider-ation of propositions, of which due notices have been given bythe members of the National Council, in accordance with therules prescribed in that behalf;

4. Not less than one-fifth of the total number of members shallform the quorum for a meeting of the National Council;

5. Every member of the National Council shall pay an annual feeof Rs. 100/-. He/She shall receive a certificate, duly signed by one

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L (United)RRGAO

of the Secretaries of the National Council to the effect that he/she is a member. A member will not be permitted to take part inany meeting of the National Council, Subjects Committee or Ple-nary Session, without paying the fee.

ARTICLE XV

Subjects Committee

1. The National Council shall meet as the Subjects Committeeunder the Chairmanship of the President, immediately preced-ing the Plenary Session. The National Executive shall submitto the Subjects Committee the programme of work, includingthe draft resolutions, for Janata Dal (U) Plenary Session;

2. As far as possible, four hours shall be allotted for considerationof the propositions, of which due notice shall be given by theState Councils or the members of the National Council.

ARTICLE XVI

Delegates

All members of the State Councils and the National Councilshall be delegates to the Plenary Session.

ARTICLE XVIIPlenary Session

1. A Plenary Session of Janata Dal (U) shall ordinarily be heldonce in two years on the 1st of May and at a place to be decidedupon by the National Executive;

2. The Plenary Session shall consist of the President and all otherdelegates;

3. The Plenary Session shall consider resolutions, recommendedto it for adoption by the Subjects Committee in the first in-stance. Thereafter, the Session shall take up any substantivemotion, not included in the draft resolutions referred to above,only when 50 members, before the commencement of the day's

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(AftHANTA

^V DELHI-r

sitting, request the President in writing to allow them to placethe motion before the Session. However, no such motion shallbe allowed, unless it has been previously discussed at the meet-ing of the Subjects Committee and received the support of atleast a third of the members then present at the Subjects Com-mittee meeting;

4. The State Council, in whose jurisdiction the Plenary Session isheld, shall act as the Reception Committee and may co-opt ad-ditional members for the purpose;

5. The Reception Committee shall make all necessary arrange-ments, including collection of funds, of which separate and fullaccounts shall be maintained. These accounts shall be auditedby the auditors appointed by the National Executive within sixmonths of the Session;

6. Surplus funds and assets shall be divided between the NationalCouncil and the State Council equally.

ARTICLE XVIU

Special Session

1. Special Session of the party may be held, if the National Coun-cil so decides or if a majority of the State Councils, throughtheir resolutions, make a request to the President, to convenesuch a special Session for discussion of the agenda specified inthe resolution;

2. Delegates to the Plenary Session shall be the delegates for theSpecial Session;

3. Such a Session shall be organised by the State Council of theState selected for holding the Session.

ARTICLE XIX

Election of the President

1. For election of the President the National Executive shall appointa Returning Officer who shall not hold any office bearer's post atthe National level for two years. The Returning Officer shall ap-

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JANATA ̂ AL (United)

point Presiding Officers and make arrangements for the poll, asper rules prescribed;

2. Any ten members of the National Council, may jointly proposethe name of any member of the National Council for election asPresident of the Party. Such proposal must reach the ReturningOfficer, appointed by the National Executive, in accordance withthe rules prescribed;

3. After eliminating the names of those who have withdrawn, heshall publish the names of the remaining candidates. If, after'elimination, there remains only one candidate, he shall be de-clared duly elected as President of the Party;

4. On a date fixed by the National Executive, which shall not or-dinarily be less than seven days, after the final publication ofthe names of contesting candidates, each member of the Na-tional Council shall be entitled to record, for the election of thePresident, his vote in the following manner. On the voting pa-per, which shall exhibit the names of the candidates, record hisvote for one of them. If there are more than two candidates, themembers of the National Ccuncil shall record at least two pref-erences by writing the figures l,2,etc, against the names of thecandidates. In such a case, he may give more than two prefer-ences if he wishes to do so, but any voting paper showing lessthan two preferences, will be regarded as invalid. The votingpaper shall be deposited in the ballot box, provided for the pur-pose;

5. Presiding Officers shall forward the ballot boxes to the Return-ing Officer. After the receipt of all the ballot boxes, the Return-ing Officer shall count the votes of the first preference recordedfor each candidate. If a candidate secures more than 50% of thefirst preferences the candidate who has secured the smallestnumber of first preferences shall be eliminated, and the secondpreference, recorded by the voter who gave him the first prefer-ence, shall be taken into account, in counting the votes of theremaining candidates. In this counting, the candidates who se-cure the smallest number of votes shall be eliminated. By thisprocess of elimination of the candidates who secure the smallestnumber of votes in subsequent counting, after the transfer ofvotes according to recorded preferences, the candidate who se-

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JANATA DAL (United)7, JANTA1" H7AR RCAO

cures more than 50% of the votes shall be declared as President;

6. In the event of any emergency arising by reason of any cause,such as the death or resignation of the President, elected asabove, the National Executive shall forthwith fix a date for afresh election by the members of the National Council as pres-cribed above. The new President shall be elected within a periodof six months. Until a new President is elected, the National Ex-ecutive shall elect an acting President from amongst its ownmembers;

7. The President shall preside over the Plenary Session or SpecialSession of the Party. He shall exercise all the powers of theNational Executive, when it is not in Session.

ARTICLE XX

National Executive

1. The National Executive shall consist of the President and se-venty four members elected by the National Council, as per rulesprescribed by the National Executive. The President shall ap-point three Vice Presidents, a Treasurer, a Secretary-General, andnot more than ten General Secretaries from amongst the membersof the National Executive. He may also appoint not more than tenSecretaries.

2. The quorum for a meeting of the National Executive shall befifteen.

3. The National Executive shall be the highest Executive author-ity of the Party and shall have the power to carry out the poli-cies and programmes, laid down by the Plenary Session or theSpecial Session or by the National Council and shall be respon-sible to the National Council. It shall be the final authority inall matters regarding interpretation and application of the pro-visions of this Constitution.

4. The National Executive shall place before every meeting of theNational Council, a report of the proceedings of the previousmeeting of the National Council and also an agenda of businessfor the meeting and shall allot time for non-official resolutions,

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JANATA m.L (United)^mRROAO

:•• 110 001

of which due notice may have been given by the members of theNational Council, in accordance with the rules prescribed inthat behalf.

5. The National Executive may appoint one or more auditors orinspectors or other officers, to examine the records, papers andaccount books of all party units. It shall be incumbent on allsuch units to furnish all the required information to the audi-tors, inspectors or other officers, and to give them access to alloffices, accounts and other records.

6. The National Executive shall have the power.

(a) to frame rules for the proper working of the organisation.Such rules shall, as early as possible, be placed before theNational Council;

(b) to issue instructions to various units, not inconsistent withthis Constitution;

(c) it shall be the final authority in all disciplinary matters;

(d) in special cases, to relax application of provisions underArticles V and VIII.

.7. The National Executive shall have the accounts of the NationalCouncil audited annually by an auditdr or auditors appointedby it;

8. The National Executive shall fix the date, by which formationof subordinate, District and State Units and the National Coun-cil shall be completed;

9. The National Executive shall appoint a Board of Trustees forholding properties belonging to the National Council. The termof the Board shall be four years and the President shall beexofficio Chairman and the Treasurer of the party shall be anexofficio member of the Board;

10. To meet any special situation, the National Executive shallhave the power to take such action in the interest of Janata Dal(U), as it may deem fit, provided, however, that if any action istaken which is beyond the powers of the National Executive, as

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JANATA "V i . (Untied)7, JANT* " '-' '+NTAR ROAO

wnvt . .-110 001

defined in this Constitution, it shall be submitted as early aspossible to the National Council for ratification.

ARHCLEXXI

Treasurer

The tresaurer shall be in charge of the funds of Janata Dal (U) and shallkeep proper accounts of all investments, income and expenditure.

ARTICLEXXn

Secretary General

Subject to the general control of the President, the SecretaryGeneral shall head the Secretariat and shall be in change of the function-ing of Janata Dal (U) and shall be responsible for the preparation andpublication of the report of the proceedings of Janata Dal (U) PlenarySession or Special Session including its audited accounts, as soon aspossible after the session. He shall prepare a report of the work of theNational Council and the National Executive, including an audited state-ment of accounts for the period, since the last submission of such reportand submit the same to the meeting of the National Council, to be held atthe beginning of each year and have it circulated to the members suffi-ciently in advance of the meeting.

ARTICLEXXffl

Scrutiny of Membership

The State and District Executives shall arrange for periodicalscrutiny and disposal of complaints regarding the enrolment of primaryand active members, in accordance with the rules prescribed by the Na-tional Executive, but when complaints of a grave nature are reported to theNational Executive, it may enquire into such complaints and take suchaction as may be deemed necessary.

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JANATA DAL (United)7, JANTAB fANTAR ROA0

ARITCLEXXIV

Election Disputes

The State and District Executives shall arrange for disposal ofcomplaints regarding party elections, in accordance with the rules pre-scribed by the National Executive. The National Executive may enter-tain and dispose of appeals against the decisionof the State Executives,in the manner prescribed.

ARTICLE XXV

Election Machinery

1. The State Council and District Councils shall appoint, by majo-rity of two-thirds of its members present and voting, a StateReturning officer and District Returning officers respectively atthe time of the Election of the State Unit Presidents and DistrictUnit Presidents;

2. If any State Council fails to appoint a State Returning Officersimultaneously with the election of the State Unit President,the National Executive shall appoint a State Returning Officer.Similarly, if any District Council fails to appoint a District Re-turning Officer simultaneously with the election of the DistrictUnit President at the first meeting of the District Council, theState Executive shall appoint a District Returning Officer.

3. The State Returning Officer shall conduct all party elections inthe State. He/She shall, in consultation with the Executive of theState and District Executives, appoint Assistant Returning Of-ficers and such other officers, as may be necessary, for the properconduct of election in the State. He/She shall also perform suchother functions, as are allotted to him/her by the National Execu-tive, from time to time;

4. The State Returning officer shall hold office ordinarily forone term but he/she shall continue to function till a new StateReturning officer is appointed or he/she is removed from office,in accordance with the rules framed in this behalf by the NationalExecutive.

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ARTICLEXXVI

Flag

The flag of Janata Dal (U) shall be green flag on which the Party'selection symbol is superimposed in white colour.

ARUCLEXXVH

Election Symbol

The election symbol of the party shall be Arrow (Teer)

ARTICLE XXVffl

Central Parliamentary Board

1. The National Executive shall constitute a Central ParliamentaryBoard, consisting of its Chairman (who shall not hold any otheroffice in the Party organisation at the National level) and 22 othermembers, including the President, the Secretary-General and theleader of Janata Dal (U) in Parliament for the purpose of regulat-ing and coordinating the Parliamentary activities of Janata Dal(U) in Parliament and in the State Legislatures and for making thefinal selection of the candidates for' Parliament, State Legisla-tures and Delhi Metropolitan Council, in accordance with theRules framed in that behalf. The Secretary- General shall be theSecretary of the Board.

2. All decisions of the Parliamentary Board shall be taken collec-tively. In case of difference of opinion, the majority decision shallprevail.

ARTICLEXX1X

State Parliamentary Board

1 The State Executive shall constitute a State Parliamentary Board,consisting of its Chairman (who shall not hold any other office inthe party organisation at the State level) and not more than 14members including the State President, the State Secretary- Gen-eral and Leader of Janata Dal (U) in the State Legislature. TheState Secretary- General shall be the Secretary of the Board.

2. Keeping in view the recommendations of the Committees in theConstituencies, the State Parliamentary Board shall recommend

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JANATA DAL (United)7, JANTAP r.f.'lNTAR RCAD

candidates for the Central and State legislatures to the CentralParliamentary Board. It shall also select party candidates for theelection to the various local bodies, in accordance with the direc-tions of the Central Parliamentary Board;

3. The Central Parliamentary Board shall frame necessary rules,to give guidance in respect of selection of candidates and othermatters relating to the conduct of elections.

ARTICLE XXX

Disciplinary Action Committees

A three member Disciplinary Action Committees shall be con-stituted at various levels, to deal with cases of indiscipline, as per therules prescribed.

ARTICLE XXXIVacancies

1. All vacancies caused by resignation, removal or death shall,unless otherwise provided for, be filled in the same manner in which theprevious incumbent was chosen and persons so elected, shall hold officefor the unexpired term;

2. In the absence of any provision to the contrary, a Unit or Board,once it is properly constituted, shall not become invalid by reason of anyvacancy in it.

ARTICLE XXXn

Changes in the Constitution

This Constitution can be amended, altered or added to, only bya Plenary Session of the party, provided that the National Council on therecommendation of the National Executive, shall have the power toamend, alter or add to this Constitution, except Article II, by a majorityof two- thirds of its members present and voting after due notice. Thechanges made by the National Council shall be placed before the nextPlenary Session of the Party for ratification, but they may come intooperation even before the ratification, from such date, as may be pre-scribed by the National Council.

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JANATA DALfi7.JANTARMANTA

JANATA DAL (U)

PRIMARY MEMBERSHIP FORM (A)

(Name of State)

From No

PLEDGE

I wish to become a member of Janata Dal (U). I am more than18 years of age and believe in the principles and programmes of JanataDal(U).

I shall bear true faith and allegiance to the Constitution of In-dia as by law established, and the principles of socialism, secularismand democracy, and would uphold the sovereignty, unity and integrity ofIndia.

I subscribe to the values and ideals set before the country byMahatnia Gandhi, and dedicate myself to the task of building up a demo-cratic, secular and socialist State in India, drawing inspiration from India'srich heritage and the noble traditions of the struggle for National inde-pendence;

I firmly believe that this task can be achieved by peaceful meansalone which includes satyagraha or non-violent resistane;

I am not a member of any other political party, communal or other,which has a separate Membership, Constitution and programme, Ibelieve in the promotion of Khadi and in prohibition and do notbelieve in any kind of discrimination, on the basis of caste or creed, sex orreligion.

I undertake to abide by the Constitution, Rules and disciplineof the Party;

I herewith deposit Rs. 21- as membership subscrisption for twoYears from. to.

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7" J*VT> -vwrawpc^

JANATA DAL (U)ACTIVE MEMBERSHIP FROM (B)

Under Article . (B) of the Constitution

From No..

I wish to be enrolled as an active member of Janata Dal (U) for two yearsfrom to I declare that:

(i) I am of the age of 18 or over,

(ii) I am a habitual wearer of hand-spum and hand-woven Khadi,

(iii) I abstain from alcoholic drinks and intoxicating durgs,

(iv) I do not observe or recognise untouchability in any shape or form,

(v) I am a believer in communal unity and have respect for the faiths of others;

(vi) I undertake to have the minimum training and to perfrom the minimum task, aslaid down from time to tme by the National Executive,

(vii) I have enrolled myself as a subscriber to.

Janata Dal (U) Publication..

for the period of two years from to

I have enrolled 25 primary members of the party and I am depositing herewith themembership forms and Rs. 50/- the membership fees thereof,

Name .' ,

Father's or Husband's Name

Age Occupation..

Date

Singnature of the enroller Signature oftheapplicant

22

RECEIPTTO BEGIVENTO THE APPLICANT

Receipt No

Received from.

(Address)

on Jhe application for active membership of Janata Dal(U) along with Rs. 50/- being the membership fee collected by enrolling25 primary members.

Signature of the enroller Signature of the Secretary

23

RULESOF

JANATA DAL (U)

UNDER ARTICLES OF THE JANATA DAL (U)CONSTITUTION

24

ARTICLE II - Clause 5

Primary Committee

JAi'-tA;/- -••••

7,JANT>-.- ,N2Y< *....•>

•,'iTARR-:..:;. 110 001

The area of a Primary Unit shall ordinarily be coterminus with aGram Panchayat in rural area and a Ward or a Polling Station in munici-pal area as may be determined by the State Unit concerned.

ARTICLE IV - Clause 1

The Bombai Metropolitan Unit shall have the authority to selectcandidates for election to the Mumbai Municipal Corporation. The MumbaiMetropolitan Unit shall however function under the overall supervisionand guidance of the Maharashtra State Unit. Guidelines in this respectwill be issued by the President of the Janata Dal (U).

ARTICLE V (a)

Membership

1. The Central Office of the Party and the State Units shall getprinted primary and active membership forms. District Unitsmay also print these forms with the prior permission that maybe issued by the State Unit concerned; -

2. Membership forms shall be serially numbered and shall carrythe facsimile signatures of the all-India President of the Party;

3. Primary membership forms shall be issued in the form of books,each book containing 25 forms. Active membership forms shallbe bound in books of not less than 10 and not more than 20forms in each book.

4. (a) The District Unit shall primarily be responsible for theenrolment of members in the District. The State Unit shallissue membership forms to the District Units which in turnshall issue them to the subordinate Committees and throughthem to individuals. Where a District Unit is permitted toprint membership forms, it shall issue the forms to the Sub-ordinate Committees under intimation to the State Unit.Not more than 500 primary membership forms and 50 ac-tive membership forms shall be issued to an individual at a

25

?, JANTAR i^KaWvE^il - 110 001

time. More membership forms shall be issued to individu-als only when full account of the forms already issued is

. rendered and the fees realised thereof paid,

(b) If there are complaints against the Subordinate Commit-tees that they are not making available enough membership forms, the District Unit may issue forms direct to in-dividuals and may, if it deems fit, take disciplinary actionagainst the Committee concerned. If there are complaintsthat the District Units are not issuing forms properly, theState Unit shall directly issue forms to Party Units and in-dividuals and may also take disciplinary action against theDistrict Unit and the office-bearers concerned. If there arecomplaints that the State Units are not issuing the formsproperly, the Central Office of the Party shall directly issueforms to Committees and individuals.

5. (a) When membership forms are issued to individuals or PartyUnits, a signed acknowledgement shall be obtained in allcases and an undertaking to return the unused forms withproper account of forms used and to remit subscriptions infull of members enrolled, whenever called upon to do so,should be obtained,

(b) Membership forms are to be issued to:

(i) Members of the National Executive and permanent in-vites to it;

0i) Members of the Janata Dal (U) in Parliament;

(iii) Members of and permanent and special invites to theState Executive;

(iv) Members of the Janata Dal (U) in State Legislatures,Metropolitan Councils, Municipal Corporations andPanchayati Raj institutions at the District and Tehsilor Block levels;

(v) Members of the District Units of the Party;

(vi) Members of the block or constituency units as the casemay be and other active members;

26

7, J&NTAfc .'vWtlKtf f^

(vii) Official party candidates, who fought elections and by-elections to Parliament, Legislative Assemblies andCouncils but lost.

(c) When unused membership forms are returned by an indi-vidual or a Committee, a signed acknowledgement shall beissued. In the event of any individual failing to return theunused forms and/or accounts of used forms in time he shallbe disqualified from contesting organisational elections.

6. (a) The State Units shall maintain separate registers for theissue of membership forms, both primary and active, show-ing the serial numbers of forms issued to each unit or indi-vidual, dates of issue and return of unused forms;

(b) The District Units and the Subordinate Committees shallalso maintain similar registers.

7. (a) No person shall be enrolled as a member by any unit orindividual unless he pays the full subscription and in thecase of an active member unless he also fulfils the condi-tions laid down in Article V of the Constitution,

(b) The State Executive can remove the name of an activemember from the list of active members if a District Unitor a Subordinate Committee after enquiry establishes thathe or she has not fulfilled the conditions laid down in Ar-ticle V for active membership,

8. (a) The State Units shall send to the Central Office full reportsof membership enrolment during the year giving detailedfigures of primary and active membership within twomonths of the expiry of the last date for enrolment fixed forthe year. Along with the report, the State Unit shall alsoremit the full National Council share of membership sub-scription and the Party Fund due to the Central Office ac-companied by a list of active members with their full par-ticulars. No person shall enrol himself as a member in morethan one place,

(b) Any State Unit or its subordinate Committee, which failsto comply with these rules, shall be liable to disciplinaryaction.

27

9. Primaiy and active membership forms issued for one Districtshall in no case be used in another District except with theprior approval of the State Unit concerned.

10. Area of enrolment of primary and active members shall beconfined to the State concerned provided that an activemember duly enrolled in one State can ask for the transferof his membership to another State.

ARTICLE V (b)

Active Membership

1. Any person who wishes to be enrolled as an active membershould have been a primary member for at least one year,i.e., full 365 days, prior to the date of his enrolment asactive member. This clause shall, however, come into op-eration only with effect from the date to be decided by theNational Executive of the party;

2. The following shall be the minimum tasks for active mem-bers:

(a) Participation in training or educational camps organisedfor party workers at least once a year;

(b) Participation in one of the following constructiveprogrammes;

Q) Eradication of untouchability;

Qi) Organisation of Kisans, agricultural labour and tribals;

(iii) Promotion of temperance and prohibition;

(iv) Promotion of Khadi and Village Industries;

(v) Organisation of labour;

(vi) Organisation of Youth;

(vii) Organisation of students;

(viii) Promotion of small savings campaign;

(ix) Promotion of Village Sanitation, Health and Hygiene;28

DAL (ttn

(x) Promotion of education and adult education;

(xi) Work for Rashtrabhasha Prachar and development ofIndian languages;

(xii) Promotion of cooperatives;

(xiii) Work in Volunteer Organisations recognised by the Party;

(xiv) Promotion of Panchayati Raj;

(xv) Work in Land Army and other employment generatingschemes;

(xvi) Active participation in rural development work;

(xvii) Work for communal and caste harmony;

(xviii) Active involvement in women's welfare activities;

(xix) Promotion of family Welfare Programme.

ARTICLE VI

Register of Members

1. Lists of Primary Members shall be maintained by the District andsubordinate committees duly authorised by the State Executive.These lists shall contain the following particulars:

1. Serial Number,

2. Name;

3. Father's or Husband's name;

4. Permanent place of residence or place of work;

5. Permanent address;

6. Present address;

7. Age;

29

JANATA BAL (Untied)

8. Occupation;

9. Date of enrolment;

10. Serial number of enrolment form;

11. Remarks.

2 Permanent register of Active Members shall be maintained by theState Executives and the District Executives. These registers shallcontain the following particulars

1. Serial number;

2. Name;

3. Father's or Husband's name;

4. Permanent place of residence or place of work;

5. Permanent address;

6. Present address;

7. Age;

8. Occupation;

9. Date of enrolment as active member;

10. Serial number of the active membership enrolment form,;

11. Subordinate Committee of which the applicant is a member,

12. Date of enrolment as primary member;

13. Serial number in the primary membership register;

14. Date of payment of renewal subscription;

15. Activity or activities in which the member is engaged.

30

vt*iw (7, JANTAR MANTAR RC

' 'fOCO1

3. Alterations in the lists of primary members and registers of activemembers, if any, necessitated by the decision of the Executive of theDistrict or State, as a result of disciplinary actions taken, shall berecorded in red ink under the signature of the President or the Secre-tary of the Unit concerned.

Identity Card for an active member, as decided by the Central Of-fice, shall be issued by the District Unit.

ARTICLE VB

Preparation of Rolls of Primary and Active Members

1. The District Unit shall, before the 31 st of March, in every two yearsor at such time as the National Executive may decide, publish thepreliminary roll of primary and active members enrolled or renewedduring the previous term. The revised and final roll, after scrutinyshall be published not later than the 31st of August every secondyear or at such time as the National Executive may decide.

2. The final roll published as above shall be in force till the next rollis prepared.

ARTICLE VID

Special Representation

(a) In the election of members to the Council, Executive or Com-mittee of the units from Block level and above, the ballot papershall be in two parts, Part I for election of 60% of the totalnumber of members to be elected ( to the nearest number) torepresent the special categories of Scheduled Castes/Tribes,Backward Classes, Minorities and Women and Part II contain-ing the names for election of the rest. A voter may mark hispreferences in each Part starting from 1 to the maximum of thenumber allowed in the respective Part. A ballot paper withoutthe preference of' 1' in Part I to Part II will be invalid. The votingshall be secret and by proportional representation according tothe system of single transferable vote for each Part,

(b) In appointment of office bearers and members to Committeesfrom the Block Level and above, the President of the Unit shall

31

7, JANTAB if/AfvT&R ROAiJMSYi 'iiiz-hl • tsS 001

ensure that the scheduled Castes/Tribes, Backward Classes, Mi-norities and Women shall be given not less than 60% represen-tation in a manner that at least one member from each of theabove categories is included therein,

Provided that of the five posts at the National and State Levels,namely President, Chairman of the Parliamentary Board, Leaderof the Legislature Parry, Vice-President/Sr.Vice President andSecretary General/ Senior General Secretary, it is ensured thatone each shall go to Schedule/Tribe, Backward Class and Mi-nority,

(c) Only those representing special interests shall be co-opted tothe Units at various levels except at the primary level. Out ofthe total co-opted members at least 25% shall be women, 25%shall be from minorities, 30% shall be from Scheduled Castesand Scheduled Tribes and the remaining 20% from other un-represented sections,

(d) One person belonging to Scheduled Castes or ScheduledTribes shall be co-opted as a member of the primary commit-tee.

ARTICLE IX

Primary Committee

All the primary members enrolled within the jurisdiction of a pri-mary unit shall be voters in the election of the President and the membersof the Primary Committee.

The maximum strength of a primary Committee including itsPresident shall be governed by the total number of primary memberswithin its jurisdiction on the following basis

Number of primary members Maximum strength ofthe Primary Committee

Upto50 5Over 50 and upto 100 7Over 100 11

32

All primary members of the Unit shall meet at an appointedtime and place fixed for the election and each member shall be entitledto vote for one of the candidates for the Presidentship. The election shallbe by show of hands and declaration of result shall be on the basis ofsimple majority. Members of the Primary Committee shall also be electedby the same process.

ARTICLE X

Block or Constituency Executive

(a) A candidate for election to a Block or Constituency Executiveneed not necessarily be a member of a Primary Committee;

(b) A candidate for election to a Block or Constituency Executiveshall ordinarily be a resident of the Block or Constituency con-cerned.

ARTICLEXI

District Executive

(a) A candidate for election to a District Executive need not neces-sarily be a member of a Subordinate Committee or Council;

* •

(b) A candidate for election to a District Executive shall ordinarilybe a resident of the District concerned.

ARTKXEXn

State Council

(a) A candidate for election to a State Council need not necessar-ily be a member of a Subordinate Committee or Council;

(b) A candidate for election to a State Council shall ordinarily be aresident of the State concerned.

33

ARTICLE Xffl f

National Council

Members who wish any proposition to be considered by theNational Council shall send such propositions in writing so as to reachthe Central Office of the Party at least 15 days prior to the date of themeeting of the National Council.

ARTICLE XIV

Delegates

A delegate shall not be permitted to take part in any PlenarySession of the Party unless he pays a delegate's fee of Rs. 20/-

ARTICLE XV

National Executive

A . I . Only a member of the National Council shall be entitled tocontest election to the National Executive;

2. Nominations shall be proposed and seconded by members ofthe National Council provided that no member shall proposemore than 5 candidates;

3. Nomination papers shall signify the consent of the candidatesproposed.

B. 1. Voting shall be by secret ballot and by proportional represen-tation according to the system of single transferable vote;

2. A voter can record on the ballot paper as many votes as thenumber of members to be elected to the National Executive,provided that not more than one vote shall be cast in favour ofany candidate;

3. A ballot paper shall be rendered invalid if a voter records morevotes than the number of members to be elected to the NationalExecutive;

34

JANATA DAL (United)

4. These rules shall apply mutatis mutandis to the election of mem-bers of the State Council, State Executive, District Executiveand Constituency or Block Committee;

5. The Presidents of the State Units and Subordinate Units shallbe elected by secret ballot and declaration of result shall be onthe basis of simple majority.

ARTICLE XVI

Scrutiny of Membership

1. Any person, who has been refused enrolment as an active mem-ber under Article V(b) or whose name has been omitted from orincorrectly entered in the register of primary and active mem-bers, or any member, who objects to the entry of any nametherein, may submit to the President or Secretary of the DistrictUnit concerned an objection in writing against such refusal,omission, irregular or wrong entry, within 15 days of the publi-cation of the preliminary electoral results;

2. The Executive Committee of the District after hearing the ob-jections of any other party concerned, may direct any name tobe entered into; corrected or omitted from the register of pri-mary and active members. The Executive Committee shall or-dinarily dispose of such complaints within 15 days of their fil-ing;

3. The Executive Committee of a District Unit shall have the powerto scrutinise the membership forms of any primary or activemember, and to enquire into whether the rules and provisionsof the Party Constitution governing such membership have beenfulfilled or not. The Executive Committee may also scrutinisethe periodical reports submitted by the members and take ap-propriate decisions after giving an opportunity to the personsconcerned to explain;

4. The Executive Committee of a District Council shall maintaina brief record of such proceedings and decisions taken shall becommunicated to those concerned within three days of takingsuch decisions;

35

JANATA DAL

5. If there is no duly elected District Unit functioning in the Dis-• trict at the time and there is only an Ad Hoc Unit, all objections

should be submitted to the Convener or the President of the AdHoc Unit as the case may be;

6. Appeals against the decisions of the Executive Committee of aDistrict shall be filed before the Executive Committee of theState by the aggrieved party within ten days of such decisions.The Executive Committee of the State shall dispose of suchappeals ordinarily within 15 days of their filing. The decisionof the Executive Committee of the District shall be operativeonly after the expiry of the time-limit fixed for appeals or afterthe disposal of an appeal already filed;

7. It shall be competent for the National Executive and the Execu-tive Committees of the States and Districts to delegate the au-thority vested in them under these rules to one or, moreSub-Committees;

8. The aggrieved party may file an appeal before the National Ex-ecutive within 15 days of the decision taken by the ExecutiveCommittee of the State. The National Executive shall entertainonly appeals of grave nature and its decisions shall be final.

ARTICLE XVH

Election Disputes

1. A complaint against the elections of the President and mem-bers of an Executive Committee of a State Unit and members ofthe National Council shall be filed before the Secretary of theElection Disputes Panel to be appointed by the National Execu-tive within 15 days of the declaration of the results of suchelections;

2. Only a member of the State Council concerned can file a peti-tion referred to in Clause (I) above;

3. Every election petition, other than those coming under clause(I)above, shall be filed before the Secretary of the Election Dis-putes Panel to be set up by the District Executive concernedwithin seven days of the declaration of the result of such an

36

JANATA

election. Wherever there are Ad Hoc Committees in a Districtthe Panel will be constituted by the State Executive and a Statewhere there is an Ad Hoc Committee, the Election DisputesPanel will be set up by the National Executive. However, a pe-tition against the election of office-bearers and members of anExecutive of the District shall be filed before the State ElectionDisputes Panel;

4. Election petitions may be presented to the respective authori-ties either in person or by registered post;

5. It shall not be competent for any Party unit to pass any interimorder by way of stay or injection on a member or an officebearerfrom acting as such pending the disposal of the petition or ap-peal;

6. Every election petition shall ordinarily be disposed of by theElection Disputes Panel of the District within thirty days of itspresentation. In case of its failure to dispose of the petition withinthe prescribed period, the State Election Disputes Panel mayarrange for its disposal;

7. Appeals against the decision of the Election Disputes Panel ofthe District shall be filed before the State Election DisputesPanel within ten days of the declaration of the decision by theDistrict Election Disputes Panel. All such appeals should ordi-narily be disposed of within a month of their presentation. Andif the State Election Disputes Panel fails to do so the NationalExecutive may make suitable arrangements for their disposal;

8. No person other than the candidate who files election petitionor appeal shall plead before the Election Disputes Panel con-cerned except with its prior approval. Lawyers shall in no casebe engaged;

9. Appeals against decision of a State Election Disputes Panelmay be filed before the Central Election Disputes Panel within15 days of the declaration of the decision by the State ElectionDisputes Panel. The Central Election Disputes Panel shall notentertain such appeals unless there is a prima facie case in eachsuch appeal.

37

^ H 7,

ARTICLE XVHI

Election Machinery

1. Every State Returning Officer and all other Returning Officersunder him/her shall be members of the parry but shall not holdany office or membership of any Committee or Unit. They shallnot also stand as candidates for any party election within thearea in which they function as Returning Officer during the pe-riod they hold such office and for one year thereafter;

2. The State and District Returning Officers shall locate their of-fices at the respective headquarters of the State and DistrictUnits, provided that with the special permission of the State orthe District Executive concerned, as the case may be, they canestablish their offices elsewhere;

3. A State Returning Officer shall be responsible for the conductof all the party elections in the State. He/She shall fix the time-table for elections in consultation with the State Executive. He/She shall take appropriate decisions for the proper conduct ofelections in accordance with the spirit of the Constitution agdthe Rules thereof;

4. A State Council shall be competent to remove from office aState Returning Officer if three-fourths of the members presentand voting at a general meeting of the Council, on being satis-fied that he/she has failed to discharge his/her duties in a mannerbefitting his/her office, so decide provided that before such ac-tion is taken due opportunity shall be given to him/her to answerthe charges brought against him;

5. A State Returning Officer or any other Election Officer, ap-pointed by the National Executive, can be removed by the Na-tional Executive if it is satisfied that he/she has not discharged orwill not discharge his/her duties in a manner befitting his officeprovided that before such action is taken due opportunity shallbe given to him/her to answer the charges against him/her;

6. A State Returning Officer can remove from office any DistrictReturning Officer or any other Election Officer if he/she is satis-fied that he/she has failed to discharge his/her duties in a manner

38

7, JANTAR MANTAfi BOmN5Y* DELHI - 110 001

befitting his/her office provided that before such action is takendue opportunity shall be given to him/her to answer the chargesbrought against him/her;

7. No Returning Officer or any other Election Officer shall havethe power to delegate any of his/her functions except with theprior permission of the State Returning Officer or the officer im-mediately superior to him/her;

8. Subject to the supervision and control of the State ReturningOfficer, a District Returning Officer shall be responsible forconduct of all Part) elections in the District. He/she shallalso appoint, with the approval of the State Returning Officer,Assistant Returning Officers, polling and other officers in theDistrict;

9. The District Returning Officer shall fix the location of the poll-ing stations and specify the area covered by each such pollingstation and publish them at least 10 days before the date ofpolling. He/She shall also noftfy at least 10 days in advance ofthe date of poll, the exact date and hours of polling;

10. The Polling Officers shall be responsible for keeping order atthe polling stations and for ensuring that the election is con-ducted fairly;

11. Nomination papers shall be filed before the concerned DistrictReturning Officer by the candidate or his/her representative inperson or by registered post addressed to the Returning Officer.Nomination papers can be printed, typed or hand-written.;

12. Withdrawal's by the validly nominated candidates shall be filedbefore the concerned Returning Officer so as to reach him/her atleast 48 hours prior to the time fixed for commencement ofpolling. Withdrawal papers shall be in the candidate's own hand-writing.

13. The following shall be the procedure for elections to be held byballot

(i) The Polling Officer shall be responsible for ensuring se-crecy of voting and for regulating the number of voters tobe admitted to the polling booths at a time;

39

JANATA DAL (SJntiscj

(n) The District Returning Officer or the concerned Polling Of-ficer shall permit the agents of the candidates access to thepolling booths for observing the polling on behalf of thecandidates concerned. The Polling Officer shall initial eachballot paper in one corner before handing it over to the voter;

(iii) At the close of polling the Polling Officer shall count thevotes secured by each candidate and report the figures tothe Returning Officer. The candidates and/or one of theiragents may be allowed to be present at the counting if theyso desire;

(iv) On receipt of the figures relating to the number of votessecured by each candidate, the Returning Officer shall de-clare the results.

14. The following shall be the procedure when voting is to be heldby show of hands

(i) The Polling Officer shall notify the time for the commence-ment of voting. He/She shall, however, have the power toextend this by half an hour if he/she finds it necessary;

(ii) The Polling Officer shall scrutinise every voter before heenters the meeting place;

(iii) The Polling Officer shall associate in the counting one agentof each candidate. After counting, the Polling Officer mayobtain the signatures, of the Polling agents on the recordedstatement of counting particulars.

15. A candidate shall not use vehicles for bringing voters to thepolling station nor shall he/she resort to any undesirable pam-phleteering or other kinds of public propaganda during the pen-dency of the election process. Contravention of these provi-sions shall render the candidate's election invalid and furthermake him/her liable to disciplinary action;

16. The first meeting of the members of the State Council shall beconvened and presided over by the State Returning Officer orin his absence by a nominee of the National Executive. At sucha meeting the President of the State Council and members of

40

7, JANTAPi ;,:.-,:"/:<«;-?;"•-"NSV/i-c. :..• " -:' -1

the Executive shall be elected from amongst the elected mem-bers of the State Council. Similarly, the first meeting of themembers of the District Council shall be convened and pre-sided over by the District Returning Officer concerned, or in his/her absence, by a nominee of the State Returning Officer and atsuch a meeting the President of the District Unit and members ofthe District Unit and members of the District Executive shall beelected. Similarly, the first meeting of the Block or ConstituencyCouncil shall be convened and presided over by the Block orConstituency Returning Officer concerned, or in his/her absenceby a nominee appointed by the District Returning Officer con-cerned, or in his/her absence by a nominee appointed by theDistrict Returning Officer and at such a meeting the President ofthe Block or Constituency Council and members of Block or Con-stituency Executive shall be elected.

ARUCLEXK

Central Parliamentary Board

1. A Central Parliamentary Board shall be set up by the NationalExecutive at its first meeting after its formation and shall con-tinue in office till a new Board is set up. With the exception of theChairman of the Board and the two-ex-officio members, rest ofthe members of the Parliamentary Board shall be elected fromamongst the members of the National Executive by proportionalrepresentation according to the system of single transferablevote.

ARTKXEXX

State Parliamentary Boards

1. A State Parliamentary Board shall be set up by the State Coun-cil from amongst its members ordinarily at the first meetingafter its formation and shall continue in office till a new StateParliamentary Board is set up. The election shall be bypropotional representation according to the system of singletransferable vote;

2. If any State Council fails to elect a State Parliamentary Boardas provided in the Constitution, the National Executive shalltake necessary steps to constitute the State Parliamentary Board.

41

JANATA7, J*X7ar~

ARTICLEXXI

Disciplinary- Rules

1. Authorities Competent to take Disciplinary Action. The Na-tional Executive shall constitute a Central Disciplinary ActionCommittee consisting of not more than seven members to dealwith cases of indiscipline. It will dispose of appeals againstdecisions of State Disciplinary Action Committees and deal withcases referred to it by the Secretary General of the Party;

2. Subject to the following restrictions, the National Executive,the State Executives and the District Executives can take actionagainst a Committee subordinate to it or office bearers thereofwho commit breach of discipline:

(a) The National Executive can take action against any partyunit and any individual party man but not against the Na-tional Council,

(b) The Executive of a State Council can take action onlyagainst units subordinate to it and individuals other thanmembers of the National Council and members of Parlia-ment in whose case it can only pake recommendations tothe National Executive for disciplinary action,

(c) The Executive of a District can take action only againstunits subordinate to it and members of the District Counciland of its subordinate units, provided that the District Ex-ecutive cannot take such action against a person who is adelegate or a member of a legislature or of Parliament. Insuch cases, it can only make recommendations to the com-petent authority for taking disciplinary action,

3. The Executive of a State and the District Executive may consti-tute sub-committees to examine cases for disciplinary actioncoming before it and to make recommendations to the ExecutiveCommittee concerned

Power of Suspension

3. (a) The President of the Janata Dal (U) can place under suspen-sion any unit subordinate to the National Council and anymember of the Party if there is a prima facie breach of disci-pline. The President shall report such action to the NationalExecutive for approval at its first meeting after the date ofaction,

42

(b) The President of the State Council can place under suspen-sion any member of the Party, any unit subordinate to theState Council, any member of the State Council, or unit sub-ordinate to the State Council but not a member of Parliament,State Legislature, or National Council, if there is a prima faciecase of breach of discipline against the member or unit con-cerned provided that in case of a District Unit or any memberof the State Council he can do so only with the concurrenceof the President, Janata Dal (U). Such cases of suspensionand subsequent decision shall be reported to the Janata Dal(U) Central Office within a week from the date of such sus-pension or decision. But he/she shall place the matter beforefirst meeting of the Executive of the State after the date ofaction or decision and proceedings should be initiated so asto dispose of disciplinary action cases within one month ofthe suspension order.

Breach of Discipline

4. Breach of Discipline includes the following:

(a) Acting or carrying on propaganda against any programmeor decision of the Janata Dal (U).

Explanation : A member shall, however, be free to express, within theparty forum, his/her views regarding any decision orprogramme of the party,

(b) Violating any rule or disobeying any order passed by a com-petent authority of the party,

(c) Collecting funds for the Party unauthorisedly, misusing theparty funds, or indulging in malpracrtices in enrolment ofmembers or in conduct of a party election,

(d) Being guilty of an offence involving moral turpitudeblackmarketing, bribery, corruption, forgery or embezzle-ment,

(e) Dealing in liquor,

(f) Acting in a way calculated to lower the prestige of the Part*43

or carrying on propaganda against any Party unit or itsoffice-bearers,

(g) Casting serious aspersions in public against a party mem-ber.

Notice

5. (a) No diciplinary action shall be taken against an individualor unit without an opportunity being given, with at leasttwo weeks' notice to the unit, Committee or individual con-cerned, to explain its or his/her case and answer such chargesas are made against it or him/her,

(b) Notice can be issued at the instance of the President of theUnit competent to take disciplinary action, provided that he/she feels there is case of prima facie breach of disciplineagainst the Committee or person concerned.

(c) Disciplinary Action proceedings at any level shall be com-pleted within a period of 2 months from the date of thecommencement of such proceedings.

Punishment

6. (a) In case of a party unit, supercession of such a Unit and incase of individual members of the unit such action as maybe necessary,

(b) In the case of an office-bearer or member of any party unit,his/her removal from office of membership and fixation of aperiod during which he/she cannot be elected or nominatedto any office or membership of any unit or enrolled as aprimary member,

(c) In the case of a primary or active member, his/her removalfrom membership and disqualification from membership fora specified period,

(d) Provided that if any person, against whom disciplinary ac-tion has been taken and punishment awarded, is a memberof any local body, legislature, Parliament or holds any otherposition by virtue of his being a partyman, he/she may alsobe called upon to resign from such bodies.

44

NEW biz-hi -110 0017. Report of Disciplinary Action

Any disciplinary action taken either by the executive of a Dis-trict or of a State shall be reported to the President of the StateUnit and the National Executive respectively within a week oftaking such action.

8. Appeal

(a) It shall be opdh to any Party unit or Party member againstwhom disciplinary action is taken, to appeal to the Na-tional Executive and to the State Executive in the case ofdecisions of the District Executive, within three weeks ofthe receipt of the order provided that pending the appeal,the order appealed against is obeyed. The President of theJanata Dal (U) or President of a State Unit, as the case maybe, may, however, stay the execution of the order appealedagainst whenever deemed fit,

(b) Appeals should be filed in duplicate within three weeks ofthe receipt of the order to the Commitee concerned,

(c) Pending the disposal of an appeal against disciplinary ac-tion involving removal from an elective post the vacancythus created shall not be filled,

(d) An appeal shall be diposed of within a period of 2 monthsof its filing.

MISCELLANEOUS

1. Disqualifications of a Candidate in Election

(a) State Returning officers and other election officers shall notbe eligible to stand as candidates for any party election inthe areas where they function during the time they are inoffice and for a period of one year thereafter,

(b) Default in Payment of Party Subscription and other dues

A member of the Janata Dal (U) in Parliament or of a StateLegislature, who fails to pay his contribution to the Party

45

DALfiJn

within the time fixed by the Executive of the party concerned,shall be debarrred from contesting any elective post in theparty or organisation,

(c) For purposes of the above clause the following requirementshave to be fulfilled by the different Party functionaries orUnits concerned.

(i) The Secretaries of the Janata Dal (U) in Parliament andState Legislatures shall convey from time to time to theSecretary of the State Unit and the Secretary' of theDistrict Unit concerned information about the memberswho have failed to pay their dues within the time limit,

(ii) The Secretaries of State Unit and District units con-cerned shall on receipt of such information intimate theState Returning officer and district Returning officersof the names of such members who are defaulters andare therefore debarred from contesting the elections,

(iii) In the event of a defaulter clearing his arears, the Sec-retaries of the Party concerned shall intimate that factto the Secretary of the State Unit and District Unit con-cerned and a similar intimation shall be given by theSecretary of the State Unit and the District Unit to theState Returning Officer concerned. If such informa-tion is received at least 24 hours prior to the time fixedfor filing nominations, the State Returning Officer andthe District Returning Officer shall deel are him/her eli-gible to be a candidate,

(d) Partymen, who are not members of Parliament or a Legislatureand against whom there are any arrears pending, will also benot eligible for standing for organisational elections or to benominated to any unit.

2. Term of Co-opted Members

(a) When a member of a State Unit or District Unit is elected froman area in which be does not reside, he should indicate in writ-ing to District Unit or State Unit concerned the name of the

46

i ; ' , .

District Unit or subordinate unit under which he/she desires toremain a primary member before the first meeting of the Unitconcerned failing which he/she will be deemed to have opted formembership under the District Unit or the subordinate unit inthe area from which he/she has been elected,

(b) When a member of Parliament or State Legislature is electedfrom an area coming under more than one subordinate unit orDistrict Unit, as the case may be, he/she shall be entitled tobecome an ex-officio member of the Subordinate Unit and theDistrict Council concerned under whose jurisdiction he/she nor-mally resides.

Method of Voting

4. (i) Where the Constitution or Rules do not specify the methodof election to any office or Commitee, voting shall be by ballotand where more than one member has to be elected, it shouldbe by proportional representation according to the system ofsingle transferable vote,

(ii) The represesntation of local bodies in a Block or ConstituencyUnit, District Unit and State Unit shall be through election byan electoral college consisting of party members of these bod-ies. Such election shall be by proportional representation ac-cording to the system of single transferable vote. The same sys-tem of voting shall apply to election of representatives of theJanata Dal (U) in Parliament and of the State Legislature to PartyCouncils or cornmiittees concerned.

Formation of Party Councils or Commitees

5. A party Unit shall be deemed to have been duly constitutedprovided that at least three-fourths of the total elective strengthof the Council or Committee of the Unit concerned, as may bedetermined by the Returning officer, have been filled through a •validly conducted election.

Acting President

6. The President of a Party Unit shall have the authority to ap-point an acting President for a short period from amongst the

47

the Vice-Presidents with the prior permission of the superiorunit concerned in case he/she is not able to function as such fora limited period.

Formation of Ad Hoc Committees at the District and SubordianteLevels

7. On failure of a District or subordinate Unit or any other lowerUnit thereof to be constituted or to function in terms of theConstitution or in accordance with the directives of the supe-rior Units, the latter may suspend the existing Committee andform and Ad Hoc Committee to carry on party work in the area,but no District Unit shall be superseded, suspended or an AdHoc Commitee constituted by the State Unit without the priorapproval of the National Executive and similarly no DistrictUnit shall supersede or form an Ad Hoc subordinate unit with-out the prior approval of the State Unit concerned. An Ad HocCommittee so constituted shall ordinarily function for a period ofthree months at a time upto a total period of one year with theapproval of the immediately superior unit. Unless otherwise speci-fied an ad hoc Committee shall enjoy the same powers and privi-leges as a normal Committee.

However, the National Executive shall have the right to extendthe period of an ad hoc Committee beyond one year under spe-cial circumstances.

Procedure to be followed by the Central Disciplinary Action Committee.

8. (a) When a case of alleged indiscipline is referred to the Com-mittee by the Secretary General of the Party, the particu-lars of the case shall be entered in a register maintained forthe purpose.

(b) The case having been registered, notice of the same shallbe issued to the person against whom proceedings areintiated and to the complainant, if any. Notice along withcopy of the complaint and other documents, if any, shall besent to the person concerned asking him/her to file his/herreply within 15 days of the receipt of the notice.

48

^EWD^r.iiOOOl

(c) Notice shall be served upon the person concerned throughregistered post with acknowledgement due or 'dasti' letterif available in Delhi.

(d) On the receipt of a reply the Committee shall, after pursuingthe same frame the points for determination of evidence, ifso, documentary or oral.

(e) The parties, as the circimstances of the case require, shall becalled upon to produce the evidence. It shall be the sole respon-sibility of the parties concerned to produce their evidence.

(I) The Committee may, at the most, at the instance of a parry, issueletter of request to any person asking him to appear for his evi-dence or to produce any document but if the person concernedfails to respond, the Commitee will not issue any second letter ornotice.

(g) Before the closing of evidence the parties shall be heard andthereafter the Commitee shall decide the case and give its deci-sion in writing. A notice about the same shall be sent to theparties, if any one of them is not present when the decision ispronounced.

(h) In case the person against whom the case has been referred to isabsent despite notice the Commitee may, if it deems fit, eitherissue another notice or proceed ex parry against the person con-cerned.

Provided that if in case of ex-party proceedings, at any timebefore the case is decided, the person concerned comes and sat-isfies the Committee that he had just and reasonable cause whichprevented him from appearing before the Committee earlier,the Committee may, in its discretion, set aside the ex-party pro-ceedings and proceed to hear the case in the manner mentionedabove.

APPEAL

(i) On receipt of an appeal, it shall be entered in a register tobe maintained for the purpose and a date shall be fixed forthe hearing of the appeal.

49

(j) Alongwith the appeal, the appellant shall furnish his ad-dress which will be known as 'REGISTERED ADDRESS'.Any letter sent to him on that address shall be deemed tobe a sufficient notice upon him

(k) The Appellant shall be informed of the date of hearing eitherpersonally or by registered post with acknowledgement dueor by dasti letter, if local address available.

(1) Before the date of hearing of the appeal, relevant papers fromthe concerned State Council shall be called for.

2. If deemed necessary the State Council against whose decisionthe apeal has been preferred shall also be heard through itsrepresentative.

3. After hearing the applellant and any person or body, the appealmay be decided on the very day or any other convenient day. Inthe later case the decision shall be communicated to the con-cerned parties.

4. These rules are not exhaustive and the Committee shall in theabsence of a specific provision, act in accordance with naturaljustice, equity and fair play.

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March, 2001Price : Rs. 10/-

Published by N. Balakrishnan for and on behalf of the Janata Dal (United)7, Jantar Mantar Road, New Delhi! 10001 and Printed at the

VedicMudranalaya,3957, Ahiran Street, Pahari Dhiraj, DeM-110006Tel. : 3537158, 3535895