The functional clean toilet qualification — s. 21(g) and order 4537
Rajasthan ULB General Election 2026 · public notice 27.08 · nomination to 31.08 · 🔴 MEMBER scrutiny 01.09.2026
⚠️ Correction — 23.08.2026, a few hours after publishing
I first wrote "scrutiny 17.09.2026" in this file. 🔴 That was wrong. 17.09 is the CHAIRPERSON scrutiny. This order is about the member post, and member scrutiny is 01.09.2026 (see BALOTRA §5). 🚨 The gap was 16 days — time the RO does not actually have. The declaration must reach the RO before scrutiny on 01.09.
Why this file exists. Section 21(g) was already correctly recorded in our material — that is right and nothing there changes. But how the qualification is to be proved, what the form is, and what the RO does if it is not filed — that whole procedure sits in order 4537 dated 01.11.2019, printed in the Commission's Compendium at item 44, pp. 160–162, and it appeared in none of our modules.
🚨 This order creates a ground of rejection. Nomination opens in four days.
1. 🔴 First, the trap that can appear at the nomination counter today
Three different documents are all called "Annexure 1 / Upabandh I / Parishisht-1"
| # | Real name | What it is | Pages | Held |
|---|---|---|---|---|
| 1 | Upabandh – I (affidavit) | offences · immovable property · liabilities — the affidavit filed before the RO | 7 pages | ✅ forms_candidate/Self_Declaration_Municipality_Upaband_I.pdf |
| 2 | Anusuchi – 1 {rule 81(1)} | 🚨 the nomination form for the VICE-CHAIRPERSON | 1 page | ✅ forms_candidate/Annexure1ULB.pdf |
| 3 | Parishisht – 1 (order 4537) | the toilet declaration / undertaking | 1 page | 🔴 was not held as a separate file — now extracted: training/forms/O4537_Parishisht1_toilet_declaration.jpg |
🚨 Never conflate these
The Commission's website entry "Self Declaration (Municipality) (Annexure-I)" is the AFFIDAVIT, not the toilet declaration.
Annexure1ULB.pdfis made under rule 81(1) — it is the Vice-Chairperson's nomination form, not a member's. 🔴 I opened all three files myself. The seven-page affidavit contains not one word about a toilet — it carries offences (items 5, 7), immovable property, and liabilities (item 9).
2. The order's identity card
| Item | Detail |
|---|---|
| Number | P.1(4)(1) / NaPa / RaNiA / 2014 / 4537 |
| Date | 01.11.2019 |
| To | All District Election Officers (Municipality) (Collectors) and all Returning Officers, through the DEO |
| Subject | Qualification for a member in municipal elections — functional clean toilet |
| Signed by | (Shyam Singh Rajpurohit) Chief Electoral Officer & Secretary |
| Location | Compendium, item 44, printed pp. 160–162 |
| Enclosures | 1. format of the toilet declaration/undertaking · 2. format of the memo |
⚠️ It is a 2019 order — so why treat it as in force?
Because the Commission reprinted it in its own Compendium for this election (item 44, printed pp. 160–162). That is the test already set out in Supersession register Part 2 — basis (a). It is not my inference.
3. What the qualification is — in the order's own words
"Section 21(g) of the Rajasthan Municipalities Act, 2009 requires, for contesting the election of a municipal member, that the premises in which the candidate resides has a functional clean toilet, and that no member of his family goes for open defecation."
🔴 Two definitions — from the Explanation to clause (g)
| Term | Meaning (the order's own text) |
|---|---|
| clean toilet | "any water-sealed toilet system or arrangement enclosed by three walls, one door and a roof" |
| member of the family | "the candidate's husband/wife, children, and the parents residing with such person" |
🎯 Drill exactly this in class — "three walls, one door, one roof, water-sealed." And family = spouse + children + parents living with them. (Not parents living elsewhere.)
4. 🚨 The procedure — this is the RO's job
| Step | What happens |
|---|---|
| 1 | The candidate files the Parishisht-1 declaration/undertaking attached to the nomination paper with the RO |
| 2 | 🔴 If it was not attached — the RO immediately issues a memo requiring the undertaking/declaration. The memo format is Parishisht-2 |
| 3 | 🔴🔴 The declaration must reach the RO BEFORE the scrutiny of nomination papers begins — in Balotra, 01.09.2026 |
| 4 | 🚨 If it is not filed before scrutiny, the RO may reject the nomination paper |
🔴 Note the words — "may be rejected"
The order does not say "shall be rejected". But the printed memo at Parishisht-2 warns the candidate plainly — "…failing which the nomination paper will be rejected at scrutiny." ➡ In practice the RO must issue the memo and must fill in the date and time. Rejecting outright without issuing the memo would be contrary to this order's procedure.
What the RO fills into the memo (Parishisht-2)
| Field | Fill |
|---|---|
| Memo number · date | ✔ |
| From | Returning Officer, ……… Municipal Board / Council / Corporation |
| To | name of the candidate |
| Subject | name of the body · ward number |
| 🚨 The key field | "…before the commencement of scrutiny, that is before ………… hours on ………… date" — fill in both date and time |
The memo's closing warning (printed): "Note also that if the declaration you have made is false, or is not true, or conceals any fact, legal action will be taken." 🔗 Which route that legal action takes — see order 793 → False declarations / false evidence — what the RO may and may not investigate (false evidence = BNS 2023 ss. 227/229, not IPC 191/193)
5. ✅ Both formats are now held
| Format | File |
|---|---|
| Parishisht-1 — toilet declaration/undertaking | training/forms/O4537_Parishisht1_toilet_declaration.jpg |
| Parishisht-2 — the RO's memo | training/forms/O4537_Parishisht2_RO_memo.jpg |
What the candidate declares in Parishisht-1:
(1) "There is a functional clean toilet in my house, enclosed by three walls, one door and a roof. It has a water-sealed toilet system or arrangement." (2) "No member of my family (spouse, children and parents residing with me) goes for open defecation."
With it: verification · candidate's signature · 🚨 witness's signature (with name and address)
⚠️ Do not leave the witness block blank — it is printed on the form.
6. 🚨 For the Balotra RO/ARO — five sentences
| # | Sentence |
|---|---|
| 1 | "The toilet declaration is for the member post — section 21(g)." |
| 2 | "If it is not attached, I issue the Parishisht-2 memo immediately, and I fill in the date and time." |
| 3 | "That declaration must reach me before scrutiny begins." |
| 4 | "If it does not, the nomination may be rejected at scrutiny." |
| 5 | 🚨 "'Annexure-I' means three different things — the 7-page affidavit, the Vice-Chairperson's nomination form (rule 81), and the toilet declaration. I will say the full name when I ask for one." |
Source: Order 4537 dated 01.11.2019 — Compendium item 44, printed pp. 160–162, all three pages read first-hand How it was found: matching the Compendium's 85 orders against our material (23.08.2026) Hindi parallel: स्वच्छ कार्यशील शौचालय — धारा 21(g) एवं आदेश 4537 Related: False declarations / false evidence — what the RO may and may not investigate · बालोतरा जिला — प्रशिक्षण पैक · DLMT Training Material — Correction Sheet · Supersession register — which order replaces which · DEO_QUESTIONS_en