Parishad.

Notwithstanding anything in this Act no Bar of jurisdiction court shall have any jurisdiction in respect of any of Court. | matters connected with the disqualification of members of Gram Panchayat, member of [***]

and Members of Zilla Parishad.

122. (1) Notwithstanding anything contained Directions from in this Act it shall be lawful for the Government to Government. issue directions to any Gram Panchayat, [***]

and Zilla Parishad, in matters relating to the State and national policies, and such directions shall be binding on the Gram Panchayat, [***] and Zilla Parishad.

1. (2) The State Government may-
   • (a) Call for any record or register, and other document in possession or under the control of any Panchayat :
   • (b) require any Panchayat to furnish any return. plan estimate, statement, account or statistics ; and (¢) require any Panchayat to furnish any information or report on any matters connected with such Panchayat.
2. (3) The Government shall constitute Election Constitution of Tribunal consisting of one member to be appointed Election Tribunal by the Government to dispose of :
   • (a) (i) all election petitions challenging elections to a Panchayat :
     • (ii) matters relating to disqualification of a member of the Panchayat ; and
     • (iii) any other election matter, in such manner as may be prescribed. &
   • (b) The headquarters of the Tribunal shall be at such place as may be notified. (¢) The decision of the Election Tribunal made under Clause (a) of this sub-section shall be final. CHAPTER-VI ELECTORAL OFFENCES AND ELECTION DISPUTES 123. (1) No person shall, on the date or dates Prohibition of on which a poll is taken in any polling stations commit canvassing in or any of the following acts within the polling station or near polling station. in any public or private place within a distance of one hundred metres of the polling station, namely61
   • (a) canvassing for votes ; or
   • (b) soliciting the vote of any voter; or
   • (c) persuading any voter not to vote for any particular candidate ; or
   • (d) persuading any voter not to vote at the election ; or
   • (e) exhibiting any notice or sign ( other than an official notice relating to the election).
3. (2) Any person who contravenes the provisions of sub-section (1), shall, on conviction, be punished with fine which may extend to rupees five hundred.
4. (3) An offence punishable under this section shall be cognizable. 124. (1) No person shall on the date or dates Penalty for disorderly oh which a poll is taken at any polling station,- conduct in or near
   • (a) use or operate within or at the polling station entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker ; or
   • (b) shout, or otherwise act in a | disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
5. (2) Any person who contravenes or willfully aids or abets the contravention of the provisions of sub-section (1) shall, on conviction be punished with imprisonment which may extend to three months or with fine or with both.
6. (3) If the presiding officer of a polling station has reason to believed, that any person is committing or has committed an offence punishable under this section he may direct any police officer to arrest such person and thereupon the police officer shall arrest him.
7. (4) Any police officer may take such steps and use such force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention. 125. (1) Any person who during the hours Penalty for misconduct fixed for the poll at any polling station misconducts at polling station. himself or fails to obey the lawful directions of the presiding officer, may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
8. (2) The powers conferred by sub-section
9. (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
10. (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer he shall, on conviction, be punished with imprisonment | for a term which may extend to three months, or | with fine, or with both.
11. (4) An offence punishable under sub-section(3) shall be cognizable. 126. (1) Every officer, clerk, agent or other Maintenance of person who performs any duty in connection with secrecy of voting. the recording. or counting of votes at any election shall maintain and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate secrecy.
12. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both. 127. (1) No person who is a returning officer Officer etc. at or a presiding officer or a polling officer at any election elections not to or any officer or clerk appointed by the returning act for candidate officer or the presiding officer to perform any duty in or influence voting. connection with an election shall, in the conduct or the management of the election, do any act (other than the giving of a voter) for the furtherance of the prospects of the election of a candidate.
13. (2) No such person as aforesaid, and no member of a police force, shall endeavour,-
    • (a) to persuade any person to give his vote at an election ; or
    • (b) to dissuade any person from giving his vote at an election ; or
    • (c) to influence the voting of any person at an election in any manner.
14. (3) Any person who contravene the provisions of sub-section (1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.
15. (4) An offence punishable under sub-section(2) shall be cognizable. 128. (I) If any person to whom this section Breaches of official applies is without reasonable cause guilty of any act duty in connection or omission in breach of his official duty, he shall on with elections. conviction, be punished with fine which may extend to five hundred rupees.
16. (2) An offence under sub-section (1 )shall be cognizable.
17. (3) No suit of other legal proceeding shall lie against any such person for damages in respect of such act or omission as aforesaid.
18. (4) The person to whom this section applies are the returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt or nominations or withdrawal of candidatures or the recording or counting of votes at an election ; and the expression "official duty" shall for the purpose of this section be construed accordingly, but shall not include duties imposed: otherwise than by or under this Act. 129. (I) Any person who at any election Removal of ballot fraudulently takes, or attempts to take, a ballot paper papers from out of a polling station, or willfully aids or abets the polling station to doing of any such act, shall, on conviction, be be an offence. punished with imprisonment for a term which may extend to one year or with fine or with both.
19. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under subsection (1), such officer may, before such person | leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
20. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer; shall be kept by such officer in safe custody.
21. (4) An offence punishable under sub-section
22. (1) shall be cognizable. 130. (1) A person shall be guilty of an offence Other offences if at any election, he, - and penalties
    • (a) fraudulently defaces, or fraudulently thereof. destroys any nomination paper ; or
    • (b) fraudulently defaces, destroys or removes any list notice or other documents affixed by or under the authority of a returning officer, or
    • (c) fraudulently defaces, or fraudulently destroys any ballot paper or the official mark or any ballot paper ; or
    • (d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper ; or
    • (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
    • (f) without due authority destroys, takes opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election ; or
    • (g) fraudulently or without due authority as the case may be, attempts to do any of the foregoing acts or willfully aids or abets the doing of any such acts.
23. (2) Any person guilty of an offence under this section shall.-
    • (a) if he is a returning officer or presiding officer of a polling station or any other officer or clerk employedon official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine or with both ;
    • (b) if he is any other person, on conviction, be punished with imprisonment for | a term which may extend to six months or with | fine or with both.
24. (3) For the purpose of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act in connection with such election.
25. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.