Chapter II Chapter II

Gram Sabha — Constitution of Panchayats

1. (1) After making such inquiry as may be necessary, the Government may, by notification, declare a local area, comprising of a village or a group of villages or any part or parts thereof, or a combination of any two or more of them to be a Panchayat area for the purposes of this Act and also specify its headquarters.
2. (2) For every Panchayat area, there shall be a Panchayat as from such date as the Government may, by notification, appoint.
3. (3) The Government may, at the request of the Panchayat concerned, or otherwise, and after previous publication of the proposal by notification, at any time,—
   • (a) increase the area of any Panchayat area by including within such Panchayat area any village or group of villages;
   • (b) diminish the area of any Panchayat area by excluding from such Panchayat area any village or group of villages;
   • (c) alter the headquarters of any Panchayat area;
   • (d) alter the name of any Panchayat area; or
   • (e) declare that any area shall cease to be a Panchayat area.

As from the date appointed under section 3, all persons whose names are for the time being entered as electors in the electoral roll for a Panchayat shall be deemed to constitute the Gram Sabha for that Panchayat.

1. (1) There shall be four ordinary meetings of the Gram Sabha to be held on any Sunday of January, April, July and October of every year, to be convened by the Sarpanch.
2. (2) There shall also be special meetings of the Gram Sabha to be convened by the Sarpanch on 26th January, 15th August, 2nd October and 19th December, every year.
3. (3) The meetings of the Gram Sabha shall be presided over by each Sarpanch and attended by the concerned Panchayat member. In the absence of the Sarpanch, Deputy Sarpanch or ward member, the meeting may be presided over by any member chosen by the Gram Sabha.
4. (4) In the event, the Sarpanch fails to convene the meeting of the Gram Sabha, as specified in sub-section (1) and (2), the meeting shall be convened by the Block Development Officer in the following month.
5. (5) The Sarpanch shall, upon a reacquisition in writing by not less than one-tenth of number of members call an extraordinary meetings of the Gram Sabha, within thirty days from the receipt of such requisition.
6. (6) One-tenth of the total number of members of the Gram Sabha shall form the quorum for the meeting.
7. (7) When there is no quorum for any meeting after fifteen minutes from the appointed time, the meeting shall stand adjourned for half an hour and when it re-assembles, no quorum shall be necessary to transact the business communicated to members in the agenda of the appointed meeting.
8. (8) An officer nominated by the Block Development Officer shall attend the Gram Sabha meetings.

1. (1) The Sarpanch shall place before the Gram Sabha for its approval the following matters:-
   • (a) the annual statement of accounts;
   • (b) annual administration report;
   • (c) budget estimates;
   • (d) the development and other programmes of the work proposed for the current financial year;
   • (e) the last audit report and the replies made thereto;
   • (f) proposal for fresh taxation or enhanced taxation;
   • (g) proposal for organising community service, voluntary labour or mobilization of the local people for any specific work included in any programme;
   • (h) identification of the beneficiaries under various programmes of the Government;
     • (i) determination of the priorities of the work to be under taken by the Panchayat;
   • (j) utilisation certificate in respect of the developmental works undertaken by the Panchayat from the grants-in-aid or Panchayat funds.
2. (2) The Gram Sabha shall constitute minimum two Supervisory Committees to supervise the Panchayat work and other activities. The Supervisory Committees shall submit its report to the Panchayat and also place a copy of their report in the meeting of the Gram Sabha for an appropriate decision.
3. (3) The Government shall constitute Vigilance Committees to oversee the quality of work, schemes and other activities for each Gram Panchayat. The terms and conditions of appointment of the members of Vigilance Committees shall be such as may be prescribed.
4. (4) The decision taken by the Gram Sabha shall be binding on the Panchayat provided it is not contrary to the rules and regulations framed under this Act or any other law for the time being in force and it shall be the duty of the Sarpanch to execute the same as early as possible.
5. (5) Any person aggrieved by the decision of the Gram Sabha, may prefer an appeal to the Director within a period of thirty days from the date of such decision and the Director’s decision on such appeal shall be final.
6. (6) The Director, after giving notice to the Panchayat and the public notice to be displayed on the notice board of the Panchayat and the Office of the Block Development Officer, may pass such order as he may deem fit and proper.
7. (7) Any member of the Gram Sabha shall, have the right to obtain information relating to any developmental works undertaken by the Panchayat as well as certified copies of the proceedings of the meeting of the Panchayat and Gram Sabha.
8. (8) The Gram Sabha shall constitute two or more ward development committees. The power, functions and the manner of constitution of such committees, shall be such as may be prescribed.
9. (9) A Gram Sabha shall carry out such other functions as the Government may, by general or special order, require.]

1. (1) A Panchayat shall consist of, such number of members as the Government may, by order, determine, so far as may be in accordance with the following Table:- TABLE For a Panchayat with a population of Number of members Classification
2. (1) 1500 or more but not more than 2000 5 D
3. (2) more than 2000 but not more than 5000 7 C
4. (3) more than 5000 but not more than 800 9 B
5. (4) more than 8000 ... . 11 A
6. (2) All the members of a panchayat shall be elected.
7. (3) The 16[State Election Commisssion in consultaion with the Government,] shall divide each Panchayat area into wards the number of which shall be equal to the number of members determined in respect of such Panchayat under sub-section (1).
8. (4) In every Panchayat, seats shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats in the Panchayat as the population of the Scheduled Castes and the Scheduled Tribes in the Panchayat area bears to the total population of the Panchayat area:

Provided that

17[State Election Commisssion in consultaion with the

Government,] may by notification reserve any seat reserved for Scheduled Castes and Scheduled Tribes for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes:

18[Provided further that the

19[State Election Commisssion in consultaion with the Government,] may, by order published in the Official Gazette, direct any Panchayat to co-opt in such manner as may be prescribed, a person belonging to the Scheduled Caste, where there is a reasonable population of the Scheduled Caste but the reservation may not be made.]

1. (5) The 20[State Election Commisssion in consultaion with the Government,] may, by notification reserve such number of seats in any Panchayat as may be considered necessary, taking into account the population of the backward classes in the Panchayat area, for persons belonging to the backward classes.
2. (6) Not less than one third (including the number of seats reserved for women belonging to Scheduled Castes or Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women: Provided that the seats reserved under sub-section (4), (5) and (6) shall be allotted by rotation to different wards in the panchayat area: Provided further that nothing contained in this section shall be deemed to prevent a woman or a person belonging to the Scheduled Castes and Scheduled Tribes or Backward Classes from contesting for elections to any non-reserved ward in such Panchayat.
3. (7) Notwithstanding anything contained in sub-section (1) where two-thirds of the total number of members are required to be elected or have been elected, failure to elect the remaining members shall not affect the constitution of the Panchayat.
4. (8) The Director shall publish, in the prescribed manner, the names of members elected or deemed to have been duly elected to a Panchayat. 21[Explanation:— In this section, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures of have been published, but where figures of census are not available, the population shall be ascertained from other relevant authenticated records maintained by the Government.]

Every Panchayat shall, by the name specified by the Government in this behalf, be a body corporate having perpetual succession and a common seal, and subject to the provisions of this Act, have powers to acquire, hold or dispose of properties both movable and immovable and to contract and shall by the said name sue or be sued.

Every person whose name is in the list of voters referred to in section 13 of the wards in a Panchayat shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected from any ward in that Panchayat: Provided that in the case of seats reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes or women, no person who is not a member of any of the Scheduled Castes or Scheduled Tribes or Backward Classes or is not a woman, as the case may be, shall be qualified to be elected to such seat.

A person shall be disqualified for being chosen as, and for being, a member of the Panchayat if,—

1. (a) he is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legislature: Provided that no person shall be disqualified on the ground that he is less than twenty- five years, if he has attained the age of twenty-one years;
2. (b) he has been dismissed from service of the Government or any local authority;
3. (c) he holds any office of profit under any local or other authorities subject to the control of the Central Government, the State Government or the Government of any other States, other than such offices as are declared by rules made under this Act not to disqualify the holder;
4. (d) he is in arrears for such period as may be prescribed of any tax, fee or other sum due to the Panchayat;
5. (e) he has been convicted by a court of any offence involving moral turpitude and five years have not been elapsed since his release; or
6. (f) he has directly or indirectly any share or monetary interest in any work done by or to the Panchayat or any contract or employment with, under or by or on behalf of, the Panchayat;
7. (g) he is employed in any Corporation, whether statutory or otherwise, owned or controlled or financed in part or fully, by the Central Government or the Government or any State Government.

member of the House of the People, the Council of States or the State Legislative

Assembly, then at the expiration of a period of fifteen days of such election, his seat in the Panchayat shall become vacant, unless he has previously resigned from his seat in the House of the People, Council of States or the State Legislative Assembly, as the case may be].

If any question arises as to whether a member of a Panchayat has become subject to any disqualification referred to in section 10, it shall be referred to the State Election Commission for decision and its decision thereon shall be final.

1. (1) If a member of a Panchayat—
   • (a) is or becomes subject to any of the disqualifications mentioned in section 10; or
   • (b) absents himself for more than three consecutive ordinary meetings of the Panchayat without the leave of the Panchayat or is absent from the State of Goa for more than four consecutive months: Provided that when an application is made by a member for leave to the Panchayat for leave to absent himself and the Panchayat fails to inform the applicant of its decision on the application within a period of one month from the date of the receipt of the application by the Panchayat, the leave applied for shall be deemed to have been granted by the Panchayat.
   • (c) absents himself with leave of the Panchayat for a period not exceeding six months but fails to attend the next meeting of Panchayat after the expiry of such leave.
   • (d) votes or takes part in discussion in contravention of the provisions of sub-section
2. (4) of section 55, his seat shall be deemed to be or to have become, as the case may be, vacant.
3. (2) If any question arises as to whether a person is or has become subject to disqualification under 23[clause (b) clause (c) or clause (d)] of sub-section (1), the 24[Block Development Officer] may either suo-moto or on a report made to him and after giving an opportunity to the person concerned of being heard, decide the question whose decision shall be final.

1. (1) Subject to the provisions of sub-section (1), the electoral roll of the 25[Legislative Assembly of the State] for the time being in force for such part of the ward of a Panchayat shall be deemed to be the list of voters for such Panchayat wards.
2. (2) No amendment transposition or deletion of any entry in the electoral roll of the 26[Legislative Assembly of the State] made after, the last date of making nominations for an election in any Panchayat ward and before the completion of such election shall form part of the list of voters for such election for the purpose of this section.

1. (1) Every person whose name appears in the voters list relating to a ward shall, subject to the other provisions of this Act, be entitled to vote at any election which takes place in that ward while the voters list remains in force and no person whose name does not appear in such voters list shall vote at any such election.
2. (2) No person shall vote at any election under this Act in more than one ward or more than once in the same ward.

The election of members from wards of a Panchayat shall be held in accordance with such manner as may be prescribed on such date or dates as the Government may, by notification direct: Provided that a casual vacancy in a ward shall be filled up within a period of six months from the date of occurrence of the vacancy.

27[Provided further that nothing contained in this section shall apply if,-

1. (a) the remainder of the term of a member in relation to a vacancy is less than one year ;or
2. (b) the State Election Commission in consultation with the Government certifies that it is difficult to hold the bye-election within the said period.]

1. (1) No election to fill a seat or seats in a Panchayat shall be called in question except by an election petition prescribed on one or more of the grounds specified in sub-section (1) of section 20 and section 21 to such authority as may be prescribed, by any candidate at such election or by any voter qualified to vote at such election together with a deposit of five hundred rupees as security for costs, within thirty days from, but not earlier than, the date of declaration of the result of the election of the returned candidate at the election, and if the dates of declaration of the results of their election are different, the last of these dates.
2. (2) A petitioner shall join as respondents 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 candidate 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 candidates against whom allegations of any corrupt practice are made in the petition.

1. (3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. Explanation:— The expression “returned candidate” means candidate who has been declared as duly elected.

1. (1) An election petition,—
   • (a) shall contain a concise statement of the material facts on which the petitioner relies;
   • (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have

committed such corrupt practice and the date and place of the commission of each such practice; and

1. (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for the verification of pleadings:

Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.

1. (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.
2. (3) A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.

1. (1) The prescribed authority shall dismiss an election petition which does not comply with any of the provisions of sections 16 and 17. Explanation:— An order dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of sub-section (1) of section 19.
2. (2) Where more election petitions than one are presented to the prescribed authority in respect of the same election the prescribed authority may, try them separately or in one or more groups.
3. (3) Any candidate not already a respondent shall, upon application made by him to the prescribed authority within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the prescribed authority, be entitled to be joined as a respondent.

Explanation:— For the purpose of this section, a trial of petition shall be deemed to commence on the date fixed for the respondents to appear before the prescribed authority and answer the claim or claims made in the petition.

1. (4) The prescribed authority, may upon such terms as to costs and otherwise as he may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in his opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition,

which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.

1. (5) The trial of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trial be continued from day to day until its conclusion, unless the prescribed authority finds the adjournment of trial beyond the following day to be necessary for reasons to be recorded.
2. (6) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the prescribed authority for trial.
3. (7) Subject to the provisions of this Act, every election petition shall be tried by the prescribed authority, as nearly as may be in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), to the trial of suits: Provided that the prescribed authority shall have discretion to refuse for reasons to be recorded in writing to examine any witness or witnesses if he is of the opinion that their evidence is not material for the decision of petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.
4. (8) The Provisions of the 28[Bharatiya Sakshya Adhiniyam, 2023 (Central Act 47 of 2023)], shall subject to the provisions of this Act be deemed to apply in all respects to the trial of an election petition.
5. (9) Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of the election petition on the ground that it is not duly stamped or registered.
6. (19) Decision of the prescribed authority.— (1) At the conclusion of the trial of an election petition, the prescribed authority shall make an order,—
   • (a) dismissing the election petition; or
   • (b) declaring the election of all or any of the returned candidates to be void; or
   • (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidates to have been duly elected.
7. (2) At the time of making an order under sub-section (1), the prescribed authority shall also make an order,—
   • (a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording,-
     • (i) a finding whether any corrupt practice has or has not been proved to have been committed at the election and the nature of that corrupt practice; and
     • (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and
   • (b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid: Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless-
     • (i) he has been given notice to appear before the prescribed authority and to show- cause why he should not be so named; and
     • (ii) if he appears in pursuance of the notice he has been given an opportunity of cross examining any witness who has already been examined by the prescribed authority and has given evidence against him, of calling evidence in his defence and of being heard.

1. (1) Subject to the provisions of sub- section (2), if the prescribed authority is of opinion,—
   • (a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen as member under this Act; or
   • (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
   • (c) that any nomination paper has been improperly rejected; or
   • (d) that the result of the election, in so far as it concerned a returned candidate, has been materially affected,—
     • (i) by the improper acceptance of any nomination; or
     • (ii) by any corrupt practice commuted 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 order made thereunder; the prescribed authority shall declare the election of the returned candidate to be void.
2. (2) If in the opinion of the prescribed authority, any agent of a returned candidate has been found 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;
   • (b) that the candidate took all reasonable measures for preventing the commission of corrupt practices at the election; and
   • (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.

(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.

If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that

whom the lot falls has received an additional vote.

The following shall be deemed to be corrupt practices for the purposes of this Act, namely:—

1. (i) bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (Central Act 43 of 1951), for the time being in force;
2. (ii) undue influence as defined in clause (2) of section 123 of the Representation of the People Act, 1951 (Central Act 43 of 1951), for the time being in force;
3. (iii) the 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 enemity or hatred between different classes of the citizens 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 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 a statement reasonably calculated to prejudice the prospects of the 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 members 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 expression “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 in section 23 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 shall after announcing the orders made under sections 20 and 21 send a copy thereof to the Government.

If the seat of any member has become vacant or is deemed to have become vacant under section 12, a fresh election for the vacancy caused shall be held in accordance with the provisions of this Act.

1. (1) No person shall, on the date or dates on which a poll is taken in any 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 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).
2. (2) Any person who contravenes the provision of sub-section (1) shall, on conviction, be punished with fine which may extend to rupees five hundred. [(2) Any person who contravenes the provision of sub-section (1) shall be liable to a penalty which may extend to five thousand rupees..]
3. (3) An offence punishable under this section shall be cognizable.

1. (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 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.
2. (2) Any person who contravenes or willfully aids or abets the contravention of the provision of sub-section (1) shall, on conviction, be punished with imprisonment which may extend to three months or with fine or with both.
3. (3) If the presiding officer of a polling station has reasons 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.
4. (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.

1. (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 authorized in this behalf by such presiding officer.
2. (2) The powers conferred by sub-section (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.
3. (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.

1. (4) An offence punishable under sub-section (3) shall be cognizable.

1. (1) Every officer, clerk, agent or other person who performs any duty in connection with 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 authorized by or under any law) communicate to any person any information calculated to violate secrecy.
2. (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.

(1) No person who is a returning officer or a presiding or a polling officer at any election or any 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 management of the election do any act (other than the giving of a vote ) for the furtherance of the prospects of the election of a candidate.

1. (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;
   • (c) to influence the voting of any person at an election in any manner.
2. (3) Any person who contravenes 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.
3. (4) An offence punishable under sub-section (2) shall be cognizable.

1. (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, on conviction, be punished with fine which may extend to five hundred rupees.
2. (2) An offence under sub-section (1) shall be cognizable. [(2) If any person to whom this section applies, without reasonable cause, commits any act or omission in breach of his official duty, he shall be liable to a penalty which may extend to five thousand rupees.]
3. (3) 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. (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 of nominations or withdrawal of candidature, 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.

1. (1) Any

person who at any election fraudulently 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 on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.

1. (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 sub-section (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.
2. (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.
3. (4) An offence punishable under sub-section (1) shall be cognizable.

1. (1) A person shall be guilty of an 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 documents affixed by or under the authority of returning officer; or
   • (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on 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 authorized 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 purpose 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.
2. (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 employed on 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.
3. (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 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 in connection with such election.
4. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

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 enemity or hatred between different classes of citizens of India shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine or with both.

(1) No person shall convene, hold or attend any public meeting, within any polling area within forty eight hours before the commencement of the poll or the date or dates on which poll is taken for an election in that polling area.

1. (2) Any person who contravenes the provision of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

[(2) Any person who contravenes the provisions of sub-section (1) shall be liable to a penalty which may extend to two thousand five hundred rupees.]

The Collector may, in order to ensure free and fair election prohibit any fair (including cattle fairs) in a

Disturbance of election meetings.—

1. (1) Any person who at a public meeting held in connection with an election under this Act, 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 shall, on conviction be punished with fine which may extend to five hundred rupees. [(1) Any person who, at a public meeting held in connection with an election under this Act, 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, shall be liable to a penalty which may extend to five thousand rupees.]
2. (2) If any police officer reasonably suspects any person of committing an offence under sub-section (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 to so 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.

1. (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 addresses of the printer and the publisher thereof.
2. (2) No person shall print or cause to be printed any election pamphlet or posters:—
   • (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 documents, one copy of the declaration is sent by the printer, together with one copy of the document to the District Magistrate.
3. (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 or any placard or poster having reference to an election but does not include any hand bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
4. (4) Any person who contravenes any of the provisions of sub-section (1) or sub-section
5. (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

If any person is guilty of any such corrupt practice as is specified in clause (vi) of section 23 at or in connection with an election, he shall, on conviction, be punished with fine which may extend to five hundred rupees. [40. Penalty for illegal hiring or procuring of conveyance at election.— If any person is guilty of any such corrupt practice as is specified in clause (vi) of section 23 at or in connection with an election, he shall be liable to a penalty which may extend to five thousand rupees.”]

34[40A Grant of paid holiday to employees on the day of poll.— (1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to Panchayat shall, on the day of poll, be granted a holiday.

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.]

No court shall take cognizance of an offence punishable under clause (a) of sub-section (2) of section 34, unless there is a complaint made by an order of or under authority from the Director.

The members of a Panchayat shall, save as otherwise provided in this Act, hold office, for a term of five years.

The term of office of the members elected at a general election shall commence on the date appointed for the first meeting of the Panchayat.

1. (2) The term of office of a member elected to fill a casual vacancy shall commence on the date of publication of his name under sub-section (8) of section 7.
2. (3) As soon as may be after the first meeting of the Panchayat, every member thereof

shall take the oath of office before such Officer as may be prescribed. No member who has not taken such oath shall vote or take part in the proceedings of any meeting nor shall he be included as a member of any committee constituted by the Panchayat.

A member of a Panchayat may resign his membership in writing under his hand addressed to the Sarpanch and his seat shall become vacant on the expiry of seven days from the date of the receipt of such resignation, unless within the said period of seven days he withdraws such resignation by writing under his hand addressed, to the Sarpanch: Provided that no such resignation shall be taken cognizance of by the Sarpanch unless presented either by the resigning member himself or his signature duly attested by Notary Public or Gazetted Officer and he is satisfied about the genuineness of signature and voluntariliness of resignation.

The Government may by general or special order reserve,—

1. (a) such number of offices of Sarpanch and Deputy Sarpanch of Panchayats in the State for the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of the offices in the State as the population of the Scheduled Castes in the State or the Scheduled Tribes in the State bears to the total population of the State.
2. (b) such number of offices of Sarpanch and Deputy Sarpanch of the Panchayats, which shall as nearly as may be, one-third of the total number of offices of Sarpanch and Deputy Sarpanch in the State for the persons belonging to the Backward Classes;
3. (c) not less than one-third of the total number of offices of Sarpanch and Deputy Sarpanch of Panchayats in the State from each of the categories which are reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and of those which are non-reserved for women: Provided that the offices reserved under this sub-section shall be allotted by rotation to different Panchayats.

Explanation:— For the removal of doubts it is hereby declared that the principle of rotation for purposes of reservation of offices under this section shall commence from the first election to be held after the commencement of this Act.

1. (1) At the first meeting of the Panchayat to be called on a day fixed by the Government the members of the Panchayat shall elect, from amongst themselves a Sarpanch and a Deputy Sarpanch.
2. (2) Such officer as may be specified in this behalf by the Government shall preside at such meeting but shall not have the right to vote.
3. (3) No business other than the election of the Sarpanch and Deputy Sarpanch shall be transacted at such meeting.
4. (4) In case of equality of votes, the result of the election shall be decided by lots drawn in the presence of the Officer aforesaid in such manner as he may determine.
5. (5) In the event of a dispute arising as to the validity of the election of the Sarpanch or the Deputy Sarpanch, the dispute shall be referred to such authority as may be specified by notification by the Government and the decision of such authority thereon shall be final. 35[“(6) The procedure for the election of Sarpanch and Deputy Sarpanch shall be such as may be prescribed.”]

Not withstanding anything contained in this Act and the rules framed thereunder, the Secretary shall also exercise the powers on the following matters, namely:— [\Notwithstanding anything contained in this Act and the rules framed thereunder, the Secretary shall exercise the powers on the following matters, namely:-]

1. (i) to issue the licences for construction, repairs, modification, alteration, so also occupancy certificate in pursuance of the resolution of the Panchayat; 38[(i) to issue licences for construction, repairs, modification or alteration of a building, so also occupancy certificate thereof, in pursuance of the resolution of the Panchayat, except for repairs of building which consists of a single dwelling unit for which no resolution is required.] 39[(ii) to issue the permission/license for trade, business, industry, hotel, restaurant, eating house, coffee house, sweetmeat shop, bakery, boarding house or lodging house (other than a hostel recognized by the Government) or a dharmashala or for manufacturing ice or aerated water or any other permission/license under section 68, 69, 70 or 71 of this Act, in pursuance of the resolution of the Panchayat;
2. (iii) upon an order of the Block Development Officer to issue permission/ /licence for construction, repairs, modification, alteration, or to issue permissions/license for trade, business, industry, hotel, restaurant, eating house, coffee house, sweetmeat shop, bakery, boarding house or lodging house (other than a hostel recognized by the Government) or a dharmashala or for manufacturing ice or aerated water or any other permission/license under section 66, 68, 69, 70 or 71 of this Act, or an occupancy certificate.]
3. (iv) to initiate action for stopping and or demolishing an unauthorized structure/ /building constructed without the permission of the Panchayat after resolution is passed to that effect;
4. (v) to execute the resolution passed by the Panchayat body.”] 40[“47-A. Executive powers of the Sarpanch.— Notwithstanding anything contained in this Act and the rules framed thereunder, the Sarpanch shall exercise the powers on the following matters, namely:—
5. (i) to implement the programme of welfare schemes and other developmental works;
6. (ii) to execute and implement the resolution passed by the Panchayat on the matters not specified in section 47.] 41[47-B. Execution of order by the Secretary.— Notwithstanding anything contained in section 47, the Secretary shall execute the order passed by any Authority in any appeal or petition made before such Authority under the provisions of this Act or Rules framed thereunder, if the Panchayat fails to execute the same within the time limit as specified in such order and in case no time limit has been specified, within one month 42[within fifteen days]of passing of such order.] 43[“48. Term of office and conditions of service of Sarpanch, Deputy Sarpanch, 44[elected and co-opted] members of the Panchayat.— (1) The term of office of every Sarpanch and every Deputy Sarpanch of the Panchayat shall, save as otherwise provided in this Act, cease on the expiry of his term of office as a member of the Panchayat.

1. (2) Salary and other conditions of service of the Sarpanch, Deputy Sarpanch, elected and co-opted members of the Panchayat shall be as prescribed”.]

During a vacancy in the office of the Sarpanch of the Panchayat, the Deputy Sarpanch and when there is no

Deputy Sarpanch an officer appointed by the Director shall exercise the powers and perform the duties of the Sarpanch until a Sarpanch is duly elected.

1. (1) The Sarpanch of the Panchayat may resign his office by writing under his hand addressed to the Director and the Deputy Sarpanch of the Panchayat may resign his office by writing under his hand addressed to the Sarpanch and in the absence of the Sarpanch to the Director.
2. (2) Every Sarpanch or Deputy Sarpanch of the Panchayat shall be deemed to have vacated his office forthwith if he ceases to be a member of the Panchayat.
3. (3) Every resignation under sub-section (1) shall take effect on the expiry of ten days from the date of its receipt by the Director or the Sarpanch as the case may be, unless within the period of ten days he withdraws such resignation by writing under his hand. 46[(4) Every Sarpanch or Deputy Sarpanch of a Panchayat shall, after an opportunity is afforded for hearing him, be removable from his office as Sarpanch or Deputy Sarpanch by the Director for being persistently remiss in the discharge of his duties or misconducting himself or misuses or abuses the powers or exercising the powers not expressly vested in him by or under the Act or the rules framed thereunder and the Sarpanch or Deputy Sarpanch so removed who does not cease to be a member under sub- -section (2) shall not be eligible for re-election as Sarpanch or Deputy Sarpanch for such period not exceeding five years as the Director may specify in his order.
4. (5) A Sarpanch or Deputy Sarpanch removed from his office under sub-section (4) may also be removed by the Director from the membership of the Panchayat for such period not exceeding five years as the Director may specify in his order.]

47[(1)] Every Sarpanch or Deputy Sarpanch shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of a total members of the Panchayat at a meeting specially convened for the purpose:

Provided that no such

48[notice of motion of no-confidence] shall be taken into consideration unless it is signed by the majority of the Members:

49[Provided further that no notice of motion of no confidence shall be moved within six months after the meeting of Panchayat defeating the motion of no confidence.]

50[(2) The notice of no confidence motion shall be delivered to the Block Development Officer who shall convene a special meeting of the Panchayat to consider the no confidence motion within fifteen days from the receipt of the notice thereof.

1. (3) A copy of notice of no confidence motion shall also be delivered to the Secretary of the Panchayat.
2. (4) The procedure to be followed for such a special meeting shall be such as may be prescribed.]

The procedure at a meeting of the Panchayat shall be as prescribed.

51[(1)] A casual vacancy in the office of Sarpanch or Deputy

member in whose place he has been elected would have held office, if the vacancy had not occurred.

52[(2) The procedure for filling up casual vacancies of Sarpanch or Deputy Sarpanch shall be such as may be prescribed.

1. (3) The date for calling the election to fill up the casual vacancy in the office of Sarpanch or Deputy Sarpanch shall be fixed by the Director within a period of sixty days from the date of occurrence of such vacancy or from the date of intimation to the Directors, whichever is earlier.]

1. (1) A Panchayat shall meet for transaction of business at least once in 53[fifteen days seven days] at the office of the Panchayat and at such time as the Sarpanch may determine.
2. (2) The Sarpanch may, whenever he thinks fit, and shall, upon the written request of not less than one-third of the total number of members and on a date 54[within fifteen days within seven days] from the receipt of such request 55[hold] a special meeting. (3)

56[Seven clear days three clear days], notice of an ordinary meeting and

57[three clear days two clear days] notice of a special meeting specifying the place, date and time of such meeting and the business to be transacted thereat, shall be given by the Secretary of the Panchayat to the members and such officers as the Government may prescribe, and affixed on the notice board of the Panchayat.

1. (4) The officers to whom notice is given under sub-section (3) and other Government officers having jurisdiction over the Panchayat area or any part thereof shall be entitled to attend every meeting of the Panchayat and take part in the proceedings, but shall not be entitled t 58[(5) If the Sarpanch fails to hold a special meeting as provided in sub-section (2), the Block Development Officer shall hold such a meeting within seven days upon the receipt of the written request of not less than one-third of the total number of members of the Panchayat.] 59[Explanation:— For the purpose of this section, the date of presentation of written request in the office of the Panchayat or the Block Development Officer, as the case may be shall be the date from which the period is to be counted.]

1. (1) The quorum for a meeting of the Panchayat shall

be one-third of the total number of members. If at the time appointed for the meeting a quorum is not present, the presiding authority shall wait for thirty minutes, and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future day as he may fix. He shall similarly after waiting for thirty minutes adjourn the meeting, if at any time, after it has begun, attention is drawn to the want of a quorum. A notice of the meeting so fixed shall be pasted in the office of the Panchayat. The business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at any subsequent adjourned meeting at which there is a quorum.

1. (2) Save as otherwise provided by or under this Act, at every meeting of Panchayat, the Sarpanch or in his absence the Deputy Sarpanch shall preside, and in the absence of both, the members present shall choose one from amongst themselves to preside over the meeting.
2. (3) All questions shall, unless otherwise specifically provided, be decided by a majority of votes of the members present and voting. The Sarpanch or Deputy Sarpanch or person presiding, as the case may be unless he refrains from voting shall give his

vote before declaring the number of votes for and against a question and in the case of equality of votes he may give his casting vote.

1. (4) No member of a Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of a Panchayat, if the question is one in which, apart from its general application to the public, he has any pecuniary interest, and if the person presiding has such an interest, he shall not preside over the meeting when such question comes up for consideration.
2. (5) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, and if a motion to that effect

be carried, he shall not preside at the meeting during such discussion or vote on or take part in it. Any member of the Panchayat may be chosen to preside at the meeting during the continuance of such discussion.

1. (6) Such sitting fees as may be prescribed shall be paid to each member for attending the meeting of the Panchayat or any committee thereof.

No resolution of a Panchayat shall be modified or cancelled within six months after the passing thereof, except by a resolution passed by not less than one-half of the total number of members at an ordinary or special meeting, notice whereof shall have been given fulfilling the requirements of sub-section (3) of section 54 setting forth fully the resolution which is proposed to be modified or cancelled at such meeting and the motion or proposition for the modification or cancellation of such resolution.

1. (1) Minutes shall be kept of the names of the members and of the

officers, if any present, and of the proceedings at each meeting of the Panchayat and if any members present at the meeting so desires, of the names of the members voting respectively for or against any resolution, in a book to be provided for the purpose and after they are read over and agreed to shall be signed by the Sarpanch or Deputy Sarpanch or person presiding at such meeting and shall at all reasonable times be open to inspection by any member of the Panchayat. Any person may inspect the copy of the minutes of the meeting. The minutes book shall always be kept in the office of the Panchayat and shall be in the custody of the Secretary of the Panchayat.

1. (2) A copy of the minutes of every meeting of Panchayat shall within ten days from the date of the meeting, be forwarded by the Secretary to the 60[Block Development Officer.]

1. (1) Any member may call the attention of the Sarpanch to any neglect in the execution of the Panchayat work or to any waste of Panchayat property or to the wants of any locality and may suggest any improvements which may appear desirable.
2. (2) Every member shall have a right to move resolution and to interpellate the Sarpanch on matters connected with the administration of the Panchayat, subject to such rules as may be prescribed.

1. (1) No disqualification of or defect in the election or appointment of any person acting as member, or as the Sarpanch of the Panchayat or Chairman or member of a Committee of a Panchayat constituted under this Act shall be

deemed to vitiate any act or proceeding of the Panchayat or any such committee, as the case may be, in which such person has taken part whenever the majority who were parties to such act or proceeding were entitled to act.

1. (2) No resolution of a Panchayat or of any Committee of a Panchayat constituted under this Act shall be deemed invalid on account of any irregularity in the service of notice upon any member, provided that the proceedings of the Panchayat or Committee were not prejudicially affected by such irregularity.
2. (3) Until the contrary is proved, every meeting of a Panchayat or of a Committee of a Panchayat constituted under this Act in respect of proceedings whereof a minute has been made and signed in accordance with this Act, shall be deemed to have been duly convened and held and all the members of the meeting shall be deemed to have been duly qualified, and where the proceedings are the proceedings of a committee, such committee shall be deemed to have been duly constituted and to have had the power to deal with matter referred to in the minute.
3. (4) During any vacancy in a Panchayat or Committee of a Panchayat, the continuing members may act as if no vacancy had occurred.