Chapter VII ELECTIONS

Commission for superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayat bodies in the State under this Act and the rules made thereunder. The Commission shall consist of a State Election Commissioner to be appointed by the Governor.

1. (2) The conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
2. (3) The Government shall, when so requested by the State Election Commission, make available to the State Election Commission such officers and staff as may be necessary for the discharge of the functions conferred on the State Election Commission under this

Notification of Panchayat Election — The Governor on the recommendation of the State Election Commission, for constituting the Panchayats and the Gram Katchahry, fix date or dates through notification published in the State Gazette and it shall be expected that the electors may elect the office bearers of the Panchayats and the Gram Katchahry in accordance with the provisions of this Act :

Administrative machinery for the conduct of election -- (1) The State Government shall, when so required, for the conduct of election of Panchayats, make available to the State Election Commission, the services of officers and staff in the required numbers.

1. (2) The State Election commission for the conduct of Panchayat election, shall designate or nominate the District Magistrate as a District Election Officer (Panchayat) for each district and shall designate or nominate one or more Deputy District Election Officer (Panchayat) for the assistance of District Election Officer (Panchayat) who shall not be below the rank of a Deputy Collector . Provided that the District Election Officer (Panchayat) subject to direction, control and supervision of the State Election Commission, shall co-ordinate and supervise all works relating to conduct of election in the area within his jurisdiction.
2. (3) For the Panchayat election the State Election Commission or on being authorised by it the District Election officer (Panchayat) shall appoint Returning Officer (Panchayat) who shall not be below the rank of Block Development officer/Circle Officer/Deputy Collector.
3. (4) The State election Commission or on being authorised by it, the District Election Officer (Panchayat) to assist the Returning Officer (Panchayat) in the discharge of his functions shall appoint one or more Assistant Returning Officer (Panchayat) who shall be an officer of the State Government.
4. (5) The District Election Officer (Panchayat) for every polling station, shall appoint a Presiding Officer (Panchayat) and to assist the Presiding Officer (Panchayat) shall appoint as many polling officer or officers as he deems necessary : Provided that any person who is a Government servant or a servant of Government Company or servant of Government aided institutions may be appointed as Presiding Officer (Panchayat)/Polling Officer : Provided further that a poling officer on being absent from the polling station, the presiding officer (Panchayat) may, under above

proviso, appoint any person who is present at the polling station other than the persons appointed by the candidate or on his behalf or has been doing other work for him as polling officer and shall accordingly inform the District Election Officer (Panchayat) : Provided further also that the polling officer subject to the direction of the State Election Commission, on being authorised by the presiding officer (Panchayat), perform all or any of the functions of presiding officer (Panchayat) under this Act and the rules framed thereunder.

1. (6) If the presiding officer (Panchayat) owing to illness or any other unavoidable reason is compelled to be absent from the polling station then his functions shall be performed by such polling officer who has been so authorised previously by Returning Officer (Panchayat) to perform such functions during such absence.
2. (7) It shall be the general duty of the presiding officer (Panchayat) to maintain order at the polling station and see that the poll is properly going on.
3. (8) It shall be the duty of a polling officer of a polling station to assist the presiding officer (Panchayat) of such polling station in discharge of his functions.

All such persons who are enrolled as electors in the electoral roll or that part of the rolls of the State Legislative Assembly Constituency for the time being in force which is concerned with the territorial constituency of any Gram Panchayat shall be the electors for concerned Panchayat Elections. Provided that the State Election Commission suo motu or on receipt of written representation from on aggrieved person, is of the opinion that there is sufficient reason for doing so, may direct such changes to be made in the electoral rolls of the concerned territorial constituency of the Panchayat, as it may deem proper. Provided further that no such change of the electoral roll shall be made after the notification of the date of Panchayat election by the

Assembly Constituency for the time being in force which is concerned with the territorial constituency of any Gram Panchayat shall be the electors for concerned Panchayat Elections.

Provided that the State Election Commission suo motu or on receipt of written representation from on aggrieved person, is of the opinion that there is sufficient reason for doing so, may direct such changes to be made in the electoral rolls of the concerned territorial constituency of the Panchayat, as it may deem proper. Provided further that no such change of the electoral roll shall be made after the notification of the date of Panchayat election by the

Determination of Elected Members after Census- Upon the publication of figures of each Census, the number of elected members of a Panchayat shall be determined by the State Government on the basis of the population of the Panchayat area as ascertained at that Census: Provided that the determination of the number as aforesaid shall not affect the then composition of the Panchayat unit until the expiry of the term of office of the elected members then in office. Provided further that notwithstanding any other provision contained in this Act, until the relevant figures for the census taken in the year 2011 are published, it shall not be necessary for the Government to re- determine the number of elected members on the basis of population of the Panchayat area ascertained at the 2001 census.

(1) The State Election Commission may nominate an Observer who shall be an officer of State Government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the State Election Commission.

1. (2) The Observer nominated under sub-section (1) shall have the power

to direct the Returning Officer for the constituency or for any of the constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result, if in the opinion of the Observer, booth capturing has taken place at a large number of polling stations or at places fixed for the poll or counting of votes or any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained.

1. (3) Where an Observer has directed the Returning Officer under this section to stop counting of votes or not to declare the result, the Observer shall forthwith report the matter to the State Election Commission and thereupon the State Election Commission shall, after taking all material circumstances into account, issue appropriate directions.

Explanation -

For the purposes of sub-section (2) and sub-section (3), “Observer” shall include any such officer of the State Election Commission as has been assigned under this section the duty of watching the conduct of election or elections in a constituency or group of constituencies by the State Election Commission.

etc. deemed to be on deputation to State Election Commission - The District Election Officer (Panchayat),. Returning Officer, Assistant Returning Officer, presiding officer, polling officer and any other officer related with election work of rural local bodies and any police officer designated for the time being by the State Government, for the conduct of such election shall be deemed to be on deputation to the State Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the result of such election and accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the State Election Commission.

1. (1) Promoting enmity between classes in connection with election.- Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
2. (2) Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll - (l) No person shall-
   • (a) convene, hold, attend, join or address any public meeting or procession in connection with an election; or
   • (b) display to the public any election matter by means of

cinematograph, television or other similar apparatus; or

1. (c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
   • (II) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
   • (III) In this section, the expression “election matter” means any matter intended or calculated to influence or affect the result of any election.

1. (3) Disturbances at election meetings.- (1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both. An offence punishable under clause (1) shall be cognizable.
2. (2) This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon the constituency to elect a member or members and the date on which such election is held.
3. (3) if any police officer reasonably suspects any person of committing an offence under clause (1), he may, if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.
4. (4) Restrictions on the printing of pamphlets, posters, etc.- (1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and address of the printer and the publisher thereof.
5. (2) No person shall print or cause to be printed any election pamphlet or poster-
   • (a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
   • (b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document, -
     • (i) where it is printed in the capital of the State, to the State Election Commission, and
     • (ii) in any other case, to the District Magistrate of the district in which it is printed.
6. (3) For the purposes of this section -
   • (a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression “printer” shall be construed accordingly; and
   • (b) “election pamphlet or poster” means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates but does not include any handbill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
7. (4) Any person who contravenes any of the provisions of clause (1) or clause (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
8. (5) Maintenance of secrecy of voting - (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an 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 such secrecy.
9. (2) Any person who contravenes the provisions of clause (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
10. (6) Officers etc., at elections not to act for candidates or to influence voting - (1) No person who is a District Election Officer (Panchayat) or a Returning Officer, or an Assistant Returning Officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the Returning Officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of prospects of the election of a candidate.
11. (2) No such person as aforesaid, and no member of a police force, shall endeavor -
    • (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.
12. (3) Any person who contravenes the provisions of clause (1) or clause (2) shall be punishable with imprisonment which may extend to six months or with fine or with both.
13. (4) An offence punishable under clause (3) shall be cognizable.
14. (7) Prohibition of canvassing in or near polling stations - (1) No person shall, on the date or dates on which a poll is taken at polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meters of the polling station, namely:
    • (a) canvassing for votes; or
    • (b) soliciting the vote of any elector; or
    • (c) persuading any elector not to vote for any particular candidate; or
    • (d) persuading any elector not to vote at the election; or
    • (e) exhibiting any notice or sign (other than an official notice) relating to the election.
15. (2) Any person who contravenes the provisions of clause (1) shall be punishable with fine which may extend to five hundred rupees, by the Magistrate having the local jurisdiction.
16. (3) An offence punishable under this sub-section shall be cognizable.
17. (8) Penalty for disorderly conduct in or near polling stations - (1) No person shall, on the date or dates on which a poll is taken at any polling station,-
    • (a) use or operate within or at the entrance of the polling station, or

in any public or private place in the neighborhood thereof, any apparatus for amplifying or reproducing the human voice such as megaphone or a loudspeaker or

1. (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 neighborhood 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.

1. (2) Any person who contravenes, or willfully aids or abets the contravention of, the provisions of clause (1) shall be punishable with imprisonment which may extend to three months or with fine or with both.
2. (3) If the presiding officer of a polling station has reason to believe 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.
3. (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 clause (1), and may seize any apparatus used for such contravention.
4. (9) Penalty for misconduct at the polling station - (1) Any person who during the hours fixed for the poll at any polling station misconducts 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.
5. (2) The powers conferred by clause (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
6. (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 be punishable with imprisonment for a term which may extend to three months or with fine or with both.
7. (4) An offence punishable under clause (3) shall be cognizable.
8. (10) Penalty for failure to observe procedure for voting.-If any elector to whom a ballot paper has been issued, refuses to observe the

procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.

1. (11) Penalty for illegal hiring or procuring of conveyance at elections - If any person is guilty of any such corrupt practice as is specified in clause (vi) of Section 141 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.
2. (12) Breaches of official duty in connection with election - (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees. (1-A) An offence punishable under clause (1) shall be cognizable.
3. (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
4. (3) The persons to whom this section applies are the District Election Officers (Panchayat), Returning Officers, Assistant Returning Officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.
5. (13) Penalty for Government servants for acting as election agent, polling agent or counting agent - If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
6. (14) Prohibition of going armed to or near a polling station - (1) No person, other than the Returning Officer, the presiding officer, any police officer and any other person appointed to maintain peace and order, at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act,

1959 (54 of 1959), of any kind within the neighborhood of a polling station.

1. (2) If any person contravenes the provisions of clause (1), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
2. (3) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked under Sec. 17 of that Act.
3. (4) An offence punishable under clause (2) shall be cognizable.
4. (15) Removal of ballot papers from polling station to be an offence -
5. (1) Any person who at any election takes, or attempts to take, a ballot paper out of a polling station, or willfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.
6. (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 clause (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.
7. (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.
8. (4) An offence punishable under clause (1) shall be cognizable.
9. (16) Offence of booth capturing - Whoever commits an offence of booth capturing shall be punishable with imprisonment for term which shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine; Explanation

-(1) For the purposes of this clause and section 97(b)

“booth capturing” includes, among other things, all or any of the following activities, namely:

1. (a) seizure of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;
2. (b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and preventing others from free exercise of their right to vote;
3. (c) coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;
4. (d) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes;
5. (e) doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.

1. (2) An offence punishable under clause (1), shall be cognizable.
2. (17) Other offences and penalties therefor - (1) A person shall be guilty of an electoral offence if at any election he –
   • (a) fraudulently defaces or fraudulently destroys any nomination paper; or
   • (b) fraudulently defaces, destroys or removes any list, notice or

other document affixed by or under the authority of a Returning officer; or

1. (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or
2. (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
3. (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
4. (f) without due authority destroys, takes opens or otherwise interferes with any ballot box or ballot papers therein used for the purposes of the election; or
5. (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

1. (2) Any person guilty of an electoral offence under this section shall –
   • (a) if he is a Returning Officer or an Assistant Returning Officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both;
   • (b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both.
2. (3) For the purposes 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 any election including the counting of votes or to be 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.
3. (4) An offence punishable under Sub-sec. (2) shall be cognizable.

(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the Panchayats of the State shall, on the day of poll, be granted a holiday. (2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day. (3) If an employer contravenes the provisions of clause (1) or clause (2), then such employer shall be punishable with fine which may extend to five hundred rupees. (4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.

1. (2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in

accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.

1. (3) If an employer contravenes the provisions of clause (1) or clause (2), then such employer shall be punishable with fine which may extend to five hundred rupees.
2. (4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.

(1) No, spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating-house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months, or with fine, which may extend to two thousand rupees, or with both. (3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed off in such manner as may be prescribed.

1. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months, or with fine, which may extend to two thousand rupees, or with both.
2. (3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed off in such manner as may be prescribed.

(1) Every candidate at a panchayat election shall, either by himself or by his election agent, keep a separate and correct account of all expenditures in connection with the election, incurred or authorised by him or by his election agent between the dates on which he has been nominated and the date of declaration of the result thereof, both dates inclusive. (2) The account shall contain such particulars, as may be prescribed. (3) The total of said expenditure shall not exceed such amount as may be prescribed.

1. (2) The account shall contain such particulars, as may be prescribed.
2. (3) The total of said expenditure shall not exceed such amount as may be prescribed.

If the State Election Commission is satisfied that a person (a) has failed to lodge an account of election expenses within the time and manner required by or under this Act and (b) has no good reason or justification for the failure, the State Election Commission shall by order declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

1. (b) has no good reason or justification for the failure, the State Election Commission shall by order declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

of voters of any Panchayat constituency shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected as a member or office bearer of the Panchayat : Provided that in the case of seats reserved for Scheduled Castes or Scheduled Tribes or Backward Classes or Women, no person who is not a member of any of the Schedule Castes or Scheduled Tribes or

Disqualification for Membership - (1) Notwithstanding anything contained in this Act, a person shall be disqualified for election or after election for holding the post as Mukhiya, member of the Gram Panchayat, Sarpanch, Panch of the Gram Katchahri, member of the Panchayat Samiti and member of Zila Parishad, if such person—

1. (a) is not a citizen of India ;
2. (b) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State : Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years;
3. (c) is in the service of Central or State Government or any local authority ;
4. (d) is in service of any such institution receiving aid from Central or State Government or any local authority;
5. (e) has been adjudged by a competent court to be of unsound mind;
6. (f) has been dismissed from the service of Central or State Government or any local authority for misconduct and has been declared to be disqualified for employment in the public service;
7. (g) has been sentenced by a criminal court whether within or out of India to imprisonment for an offence, other than a political offence, for a term exceeding six months or has been ordered to furnish security for good behavior under section 109 or section 110 of the Code of Criminal Procedure 1973 (Act 2, 1974) and such sentence or order not having subsequently been reversed;
8. (h) has under any law for the time being in force become ineligible to be a member of any local authority;
   • (i) holds any salaried office or office of profit under the Panchayat;
9. (j) has been found guilty of corrupt practices, Provided that on being found guilty of corrupt practices, the disqualification shall cease after six years of general election.

1. (2) If any question arises as to whether a Member of a Panchayat at any level or Mukhiya of Gram Panchayat or Sarpanch of Gram Katchahri was before election or has become after election subject to any of the disqualifications mentioned in clause (1), the question shall be

referred for the decision of State Election Commissioner. The matter of disqualification may be brought to the notice of State Election

Commission in the form of a complaint, application or information by any person or authority. The State Election Commission may also take suo-motu cognizance of such matters and decide such matters expeditiously after allowing sufficient opportunity to the affected parties of being heard.

1. (3) If a person, who is chosen as a member of Panchayat, a Mukhiya, a Sarpanch is or becomes member of the Lok Sabha, Rajya Sabha, State Legislative Assembly or State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation or a Member of a Sanitary Board, or a member of a Nagar Panchayat or a member of any other Panchayat or Mukhiya, Sarpanch, then within fifteen days from the date of commencement

of the term of office of a member of Lok Sabha, Rajya Sabha, State

Legislative Assembly or State Legislative Council, or of a Councillor of Municipality or Municipal Corporation or a Member of Sanitary Board or Nagar Panchayat or a Member of other Panchayat or Mukhiya or Sarpanch, his seat in the Panchayat shall become vacant unless he has previously resigned his seat in the Lok Sabha, Rajya Sabha, State Legislative Assembly or State Legislative Council, Municipality or the Municipal Corporation, Sanitary Board or the Nagar Panchayat or of any such Panchayat as the case may be.

1. (4) Oath and affirmation - Immediately after election a member of a Panchayat, Sarpanch or Panch of a Gram Katchahry and Mukhiya of Gram Panchayat shall make and subscribe before such person as the State Election Commission may appoint in this behalf, an oath or affirmation and if such member of a Panchayat, Sarpanch or Panch of a Gram Katchahry or Mukhiya declines or otherwise refuses to make and subscribe such oath or affirmation as aforesaid shall be deemed

to have vacated his office forthwith. If such member of a Panchayat,

Sarpanch or Panch of a Gram Katchahry or Mukhiya fails to make and subscribe an oath/affirmation after election and within three months of the date on which his term of office commences, his seat on the expiry of the said period shall be deemed to have become vacant.

Gram Katchahry shall not be called in question except by an election petition as prescribed : Provided that if an election to any office of a Gram Panchayat or Gram Katchahry is under dispute, the election petition shall lie before such Munsif within whose jurisdiction such Gram Panchayat or Gram Katchahry is situated and if the election to any office of Panchayat Samiti or to a Zila Parishad is under dispute, the election petition shall lie before such sub-Judge within whose jurisdiction such Panchayat Samiti or Zila

Parishad, as the case may be, is situated.

1. (2) “Parties to the petition—A petitioner shall join as a respondent to his petition—
   • (a) Where the petitioner, in addition to claiming a declaration that the

election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidates has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and

1. (b) any other candidate against whom allegations of any corrupt practice are made in the petition.

anything contained in this Act-

1. (a) The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 243 K of the Constitution of India shall not be called in question in any Court;
2. (b) no election to any Panchayat shall be called in question except by

an election petition presented to the prescribed authority under this

Grounds for declaring election to be void - (1) Subject to the provisions of sub section (2) if the prescribed authority is of opinion -

1. (a) that on the date of his election, a returned candidate was not qualified or was disqualified, to be chosen as a member under this Act; or
2. (b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or
3. (c) that any nomination paper has been improperly rejected; or
4. (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected-
   • (i) by the improper acceptance of any nomination; or
   • (ii) by any corrupt practice committed in the interests of the returned candidate by an agent; or
   • (iii) by the improper reception, refusal or rejection of any vote or reception of any vote which is void; or
   • (iv) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder; the prescribed authority shall declare the election of the returned candidate to be void.

1. (2) If in the opinion of the Prescribed Authority, any agent of a returned candidate has been guilty of any corrupt practice, but the prescribed authority is satisfied-
   • (a) that no such corrupt practice was committed at the election by the candidate and every such corrupt practice was

committed contrary to the orders and without the consent of the candidate;

1. (b) that the candidate took all reasonable measures for preventing the commission of corrupt practices at the election; and
2. (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agent; then the Prescribed Authority may decide that the election of the returned candidate is not void. (d)

(1) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claims a declaration that he himself or any other candidate has been duly elected and the Prescribed Authority is of opinion-

1. (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
2. (b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes, the Prescribed Authority shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.

1. (2) The decision of the Prescribed Authority shall be final.

practices for the purposes of this Act-

1. (i) bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (Central Act 48 of 1951), for the time being in force;
2. (ii) undue influences as defined in clause (2) of the said section for the time being in force;
3. (iii) that appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate;
4. (iv) the promotion of or attempt to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the election of that candidate to or for prejudicially affecting the election of any candidate;
5. (v) the publication by a candidate or his agent or by any other person with the consent of candidate or his agent of any statement of fact which is false and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate or in relation to the candidature or withdrawal of any candidature being statement reasonably calculated to prejudice the prospects of that candidate’s election;
6. (vi) the hiring or procuring whether on payment or otherwise, any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his agent, or the use of such vehicle or vessel for the free conveyance of any voter (other than the candidate himself, the member of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act : Provided that the use of any public transport vehicle or vessel or railway carriage by any voter at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation- In this clause, the word “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise whether used for the drawing of other vehicles or otherwise.
7. (vii) the holding of any meeting at which intoxicating liquors are served;
8. (viii) the issuing of any circular, placard or poster having reference to the election which does not bear the name and address of the printer and publisher thereof;
9. (ix) any other practice which the Government may by rule specify to be a corrupt practice.

The corrupt practices referred to under this Act shall entail disqualification for membership of any local authority for a period of five years counting from the date on which the finding of the prescribed authority as to such practices takes effect under this Act.

The prescribed authority under section 142 of this Act shall after announcing the orders made under this Act send a copy thereof to the District Magistrate. 144 Fresh election, if a seat becomes vacant - If the seat of any member has become vacant or is deemed to have become vacant under this Act, a fresh election for the vacancy so caused shall be held in accordance with provisions of this Act.