Chapter III CONSTITUTION OF GRAMA PANCHAYATS AND STANDING COMMITTEES

4. Declaration of panchayat area and establishment of Grama Panchayats. - (1) Subject to the general or special orders of the Government, the Deputy Commissioner, if, in his opinion, it is expedient to declare a ny area comprising a village or group of villages having a population of 1[not less than five thousand and not more than seven thousand]1 to be a panchayat area, may, after pervious publication, declare such area as a panchayat area for the purposes of thi s Act and also specify its headquarter: Provided that the Government may order that an area with a population of 1[not less than two thousand five hundred]1 may be so declared as a panchayat area in such areas of the districts of Belgum, Chickmagalur, Dakshina Kannada, Dharwar, Hassan, Kodagu, Shimoga , 2[Udupi , Haveri]2 and Uttara Kannada as may be specified by the Government: Provided further that irrespective of population, wherever it is found necessary, the Government, as a special case, may, order that an area within 1[a radius of five kilometers (diameter of ten kilometers)]1 from the centre of a v illage may be so declared as a panchayat area in such areas of the districts of Belgaum, Chickmagalur, Dakshina Kannada, Dharwar, Hassan, Kodagu, Shimoga 1[Udupi , Haveri]1 and Uttara Kannada as may be specified by the Government: Provided also that the Deputy Commissioner may, with, the previous permission of the Government declare any area comprising a village or group of villages having a population of 1[either less than five thousand or more than seven thousand]1 to be a panchayat area. (2) Subject to the general or special orders of the Government and the provisions of this Act, the Deputy Commissioner may, at the request of the Grama 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 head quarters 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. (3) The Commissioner may either on an application made within thirty days from the date of the notification by any person aggrieved by such notification, or suo moto , and after giving 44 a reasonable opportunity of being h eard to the applicant or the Grama Panchayat concerned revise the orders of the Deputy Commissioner under sub -section (1) or sub -section (2) and may also if he considers necessary, modify it as provided in the third proviso to sub -section (1). Every order so passed revising or modifying the order of the Deputy Commissioner shall be published in the Official Gazette. (4) In every panchayat area declared as such under this section, there shall be established a Grama Panchayat.

5. Constitution of Grama Panc hayat .- (1) The Grama Panchayat shall consist of such number of elected members as may be no tified from time to time by the 3[1[Government]1]3, at the rate of one member for 2[every four hundred population]2 or part thereof of the panchayat area: 1. Insert ed by Act 29 of 1997 w.e.f. 20.10.1997. Provided that the determination of the number as aforesaid shall not affect the then composition of the Grama Pa nchayat until the expiry of the term of office of the elected members then in office: 1[Proviso x x x]1 (2) Seat 1[shall, subject to the general or special order of the 2[Government]2, be reserved by the De puty Commissioner]1 in a Grama Panchayat, - (a) for the Scheduled Castes; and (b) for 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 Grama Panchayat as t he population of the Scheduled Castes in the panchayat area or of the Scheduled Tribes in the panchayat area bears to the total population of the panchayat area; 1[Proviso x x x]1 1[Provided that at least one seat each shall be reserved in a Grama Panchayat for the persons belonging to the Scheduled Castes and the Scheduled Tribes: Provided further that, if no person belonging to the Scheduled Castes is available the seat reversed for that category shall also be filled by the persons belonging to Scheduled Tribes and vice -versa.]1 (3) Such number of seats w hich shall, as nearly as may be one -third of the total number of seats of the Grama Panchayat 1[shall, subject to the general or special order of the 4[Government]4, be reserved by the Deputy Commissioner]1 for persons belonging to the Backward classes: 3[But the number of seats so reserved for the Backward Classes under this sub -section shall be so determined, that the total number of seats reserved for the Scheduled Castes and the Scheduled Tribes under sub -section (2) and the Backward 45 Classes under this sub-section shall not exceed fifty per cent of the total number of seats in the Grama Panchayat.]3 2[Provided that out of the seats reserved under this sub -section, eighty per cent of the total number of such seats shall be reserved for the perso ns falling under category “A” and the remaining twenty per cent of the seats shall be reserved for the persons falling under category "B": Provided further that if no person falling under category “A” is available, the seats reserved for that catego ry shall also be filled by the persons falling under category “B” and vice versa . Explanation .- For the purpose of this sub -section, proviso to clause (b) of sub -section (2) of section 44, sub -section (2) of section 123, clause (b) of sub -section (2) of section 138, sub -section (2) of section 162 and clause (b) of sub -section (2) of section 177, categories “A” and “B” shall mean category ‘A’ and ‘B’ referred to in clause (2) of section 2.]2 (4) Not less than 2[fifty percent ]2 of the seats reserved in each category, for persons belonging to the Scheduled Castes, Scheduled Tribes and Backward classes and of the non-reserved seats in the Grama Panchayat 1[shall, subject to the general or special order of the 4[Government]4, be reserved by the Deputy Commissioner]1 for women 3[subject to an overall limit of one half rounding of to the next number]3. 1[Proviso x x x]1 1[Provided that the seats reserved under sub -sections (2), (3) and (4) shall be allotted by rotation, to different constituencies in the Panchayat area 2[and such r otation shall be continued for a period of 3[five years ]3]2]1 Provided further that nothi ng 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 for whom seats have been reserved in a Grama Panchayat from standing for election to any non -reserved sea t in such Grama Panchayat. (5) Subject to the provisions of sub -sections (2), (3) and (4), 1[and subject to the general or special order of the 2[Government]2, the Deputy Commissioner]1 shall, by notification, determine, - 46 (a) the constituencies into which the area within the jurisdiction of every Grama Panchayat shall be divided for the purpose of election to every Grama Panchayat; (b) the extent of e ach constituency; (c) the number of seats if any reserved for the Scheduled Castes, the Scheduled Tribes, Backward Classes or women in each constituency; and (d) the number of seats allotted to each Constituency which shall be one or more. (6) If for any reason the election to any Grama Panchayat does not result in the election of the required number of members as specified in sub -section (1), the 1[Deputy Commissioner]1 shall within one month from the date on which the names of the elected members are published by him under sub -section (8) arrange another election for the election of such number of members as will make up the required number. (7) Notwithstanding anything contained in sub -sections (1) and (6), but subject to any general or special orders of the Government, where two -thirds of the total number of members of any Grama Panchayat have been elected, the Grama Panchayat shall be (8) The 1[Deputy Commissioner]1 shall publish, in the prescribed manner the names of members elected or deemed to have been duly elected.

6. Incorporation of Grama Panchayat. - Every Grama Panchayat shall be a body corporate by the name of the “ -----Grama Panchayat” and shall have perpetual succession and a common seal, and subject to such restrictions as are imposed by or under this Act or any other enactment, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, moveable or immoveable, whether without or within the limits of the area over which it has authority, of entering into contracts and of doing all things necessary, proper or expedient for the purposes for which it is constituted.

7. Method of voting and procedure for election. - (1) Every voter shall have as many votes as there are members to be elected for the constituency. No voter shall give more than one vote to any one candidate. (2) Subject to the provisions of this Act, elections to the Grama Panchayat shall be held by ballot 2[on non -party basis ]2 in accordance with such rules as may be prescribed. 1[ 3[XXX]3 ]1 2. Deemed to hav e been substituted by Act 49 of 2020 w.e.f. 31.03.2020

Grama Panchayats.

9. Right to vote. - (a) Every person whose name appears in the voters list relating to a constituency shall, subject to the other provisions of the Act be entitled to vote at any election which takes place in that constituency while the voters list remains in force and no perso n whose name does not appear in such voters list shall vote at any such election. (b) No person shall vote at an election under this Act in more than one constituency or more than once in the same constituency and if he does so, all his votes shall be inv alid. 1[(c) It shall be the duty of every person whose name appears in the voters list of a Grama Panchayat to vote at the election of panchayat and it shall be compulsory. However, he will be free to cast his vote in favour of none of the candidates c ontesting election as indicated in sub-section (d). (d) If Election Commissioner makes a suitable provision, the qualified voter shall cast his vote in favour of none of the candidates contesting at the election, in case where he does not want to cast his vote in favour of any candidate.]1

10. List of voters. - (1) Subject to the provisions of sub -section (2) the electoral roll of the Zilla Panchayat for the time being in force for such part of the const ituency shall be deemed to be the list of voters for such Grama Panchayat constituency. 48 (2) No amendment, transposition or deletion of any entry in the electoral roll of the Zilla Panchayat made after the last date of making nominations for an election in any Grama Panchayat constituency 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[(3) The Tahsildar concerned shall prepare in the prescribed manner, a list of voters for each Grama Panchayat constituency and the Secretary of the Grama Panchayat shall maintain a copy of such list.]1

11. Qualification for membership .- Every person whose name is in the list of voters of any Grama 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 of the Grama Panchayat: Provided that in the case of seats reserved for the Scheduled Ca stes or Scheduled Tribes or Backward Classes and 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.

12. Disquali fication for members. - A person shall be disqualified for being chosen and for being a member of a Grama Panchayat, - (a) if he is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legislatures: 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 year. (b) if he has been sentenced by a criminal court to imprisonment for a term exceeding three months in respe ct of an offence under the Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966), such sentence not having been subsequently reversed or quashed or the offence pardoned; or (c) if an order has been passed against him under section 117 of the Code of Crimi nal Procedure, 1973 (Central Act 2 of 1974) in proceedings instituted under section 110 of the Code, such order not having been subsequently reversed or quashed; or (d) if he has been dismissed from service under any local authority; or 2[(d-1) if he has been subject to compulsory retirement or removal or dismissal from the service of the Central Government or the State Government; or. (d-2) if he has been subject to compulsory retirement or removal or dismissal from the service of the Co -operative So ciety and institutions or if, he has been removed from the post of Chairperson and membership of the Co -operative society and institutions; or]2 (e) if, having been a legal or medical practitioner or a chartered accountant he has been disenrolled or suspe nded by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or (f) if he has been removed from membership of any local authority; or (g) if he holds any office of profit under any local or other authority subject to the control of the central Government, the State Government or the Government of any other State, other than such offices as are declared by rules made under this Act not to disqualify the holder; or 49 Explanation. - For the purpose of this clause, a person shall not be deemed to hold an office of profit under the Grama Panchayat by reason only that he is an Adhyaksha or Upadhyaksha of the Grama Panchayat. (h) if, save as hereinafter provided he has directly or indirectl y any share or interest in any work done by order of the Grama Panchayat, or in any contract or employment with, or under, or by, or on behalf of, the Grama Panchayat 1[or if he is either directly or indirectly by himself or by his agent, partner or employ ee involved in obtaining or execution of any such work or contract on behalf of the Grama Panchayat or of any contract for the supply of goods and services to the Grama Panchayat;]1or 2. Ins erted by Act 19 o f 2022 w.e.f. 05 .04.2022. (i) if he is employed as paid legal practitioner on behalf of the Grama Panchayat or accepts employment as legal practitioner against the Grama Panchayat; or 1[(j) if he does not have a sanitary latrine for the use of the memb ers of his family: 1[Provided that nothing in this clause shall apply to a person, if at the time of filing his nomination he gives an undertaking to construct within one year from the date of commencement of his term of office as a member, a sanitary latrine for the use of members of his family and also complies with such undertaking after becoming a member]1]1 1[(k)]1 if arrears of any kind are due by him to the Grama Panchayat under this Act: 1. Renumbered by Act 29 of 1997 w.e.f. 20.10.1997. 1[(l) if he is found guilty, directly involved in any act of misuse or abuse of power or authority as member of the panchayat in executing any scheme, plan or proje ct of the panchayat or of misappropriation of funds or other assets of the panchayat during the term of his membership ]1 2[or while holding any office of panchayat.]2 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016 Provided that, - (a) the disqualification in clause (c) will cease to operate after the expiry of the period during which a person is ordered to furnish security; (b) the disqualification in clauses (b), (d), or (e) will cease to operate after the expiry of 1[six years]1 from the date of such sentence or dismissal , or disenrollment or earlier by an order of the Government; (c) the disqualification in clause (f) will cease to operate after the expiry of 1[six years]1 from the d ate of such removal; (d) a person shall not be deemed to have incurred disqualification under clause (h) by reason of his, - (i) having a share in any joint stock company or a share or interest in any association registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or in any co -operative society, which shall contract with or be employed by or on behalf of the Grama Panchayat; or (ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Grama Panchayat is inserted; or 50 (iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Grama Panchayat. 1[(e) the disqualification under clause (l) shall cease to operate after the expiry of six years from the date of the order.]1

13. Vacation of seat by members. - (1) If a member of a Grama Panchayat, - (a) is or becomes subject to any of the disqualifications mentioned in section 12 ; or (b) votes or takes part in discussion in contravention of the provisions of sub -section (4) of section 53; or 2[XXXX ]2 his seat shall be deemed to be or to have become, as the case m ay be vacant: Provided that where an application is made by a member to the Grama Panchayat for leave to absent himself and the Grama Panchayat fails to inform the applicant of its decision on the application within a period of one month from the date of the application, the leave applied for shall be deemed to have been granted by the Grama Panchayat. (2) If any question arises as to whether a person is, or has become subject to disqualification under sub -section (1), the 1[State Election Commission]1 may 1[either suo moto or on a report made to it]1 and after giving an opportunity to the person concerned of being heard, decide the question.

14. Prohibition of simultaneous membership. - (1) If a person is elected by more than one Grama Panchayat constituency, he shall by notice in writing signed by him and delivered to the Deputy Commissioner within the prescribed time, choose any one of the constituencies wh ich he shall serve and the choice shall be final. (2) If the person does not make the choice referred to in sub -section (1), the Deputy Commissioner shall determined by lot and notify the constituency which such person shall serve. (3) The said person sh all be deemed to have been elected only for the constituency so chosen or notified, as the case may be , and the vacancy or vacancies thereby arising in respect of the other constituency or constituencies shall be filled by election.

15. Election petition .- (1) No election to fill a seat or seats in a Grama Panchayat shall be called in question except by an election petition presented on one or more of the grounds specified in sub -section (1) of section 19 and section 20 to 2[1[the Designated Court ]1]2 within whose territorial jurisdiction the panchayat area concerned or the major portion of the panchayat area concerned is situate by any candidate at such election or by any voter qualified to vote at such election together with a deposit of five hundred rup ees 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 or if there are more than one returned candidate at the election, and if the dates of declaration of the results of the their election are different, the last of those dates. (2) A petitioner shall join as respondent to his petition, - 51 (a) where the p etitioner, in addition to claiming a declaration that the election of all or of 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 (b) any other candidate against whom allegation of any corrupt practice are made in the petition; (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 true copy of the petition. Explanation. - The expression “returned candidate” means a candidate who has been declared as duly elected.

16. Contents of the petition and relief that may be claimed. - (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 o f 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 (c) shall be sig ned 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 petition alleges any corrupt practice, the petition shall also be accompanie d by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof. (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition . (3) A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidate is void , claim a further declaration that he himself or any other candidate has been duly elected.

17. Trial of election petition. - (1) 1[2[the Designated Court ]2]1 shall dismiss an election petition which does not comply with the provisions of section 15. Explanation. - An order of 2[1[the Designated Court ]1]2 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 18. (2) Where more election petitions than one are presented to 2[1[the Designated Court ]1]2 in respect of the same election 2[1[the Designated Court ]1]2 may, try them separately or in one or more groups. (3) Any candidate not already a respondent shall, upon application made by him to 2[1[the Designated Court ]1]2 within fourteen days from the date of commencement of the trail and 52 subject to an y order as to security for costs which may be made by 2[1[the Designated Court ]1]2, be entitled to be joined as a respondent. Explanation. - For the pur pose of this section, a trail of petition shall be deemed to commence on the date fixed for the respondents to appear before 2[1[the Designated Court ]1]2 and answer the claim or claims made in the petition. (4) 2[1[the Designated Court ]1]2, 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 and effective trail 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. (5) The trail of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trail, be c ontinued from day to day until its conclusion, unless 2[1[the Designated Court ]1]2 finds the adjournment of trail beyond the following day to be necessary for reasons to be recorded. (6) Every election petition shall be tried as expeditiously as possible and endeavor shall be made to conclude the trail within six months from the date on which the election petition is presented to 2[1[the Designated Court ]1]2 for trail. (7) Subject to the provisions of this Act every election petition shall be tried by 2[1[the Designated Court ]1]2, as nearly as may be i n accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) to the trial of suits: Provided that 2[1[the Designated Court ]1]2 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 witne ss or witnesses is doing so on frivolous grounds or with a view to delay the proceedings. (8) The provisions of the Indian Evidence Act, 1872 shall subject t o the provisions of this Act be deemed to apply in all respects to the trail of the election petition. 53 (9) Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of the election petition on th e ground that it is not duly stamped or registered.

18. Decision of 2[1[the Designated Court ]1]2.- (1) At the conclusion of the trail of an election petition 2[1[the Designated Court ]1]2 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 candidate s to be void and the petitioner or any other candidates to have been duly elected. (2) At the time of making an order under sub -section (1) 2[1[the Designated Court ]1]2 shall also make an order, - 2. Subs tituted by Act 44 of 2015 w.e.f. 25.02.2016. (a) where any charge is made in the petition of the 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 com mitted 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 trail to have been guilty of any corrupt practice and the nature of that practice; and (b) fixing the total amount o f the costs payable and specifying the person 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 the clause (a) unless, - (i) he has been given notice to a ppear before 2[1[the Designated Court ]1]2 and to show - cause why he should not be so named; and (ii) if he appears in pursuance of the notice, he has b een given an opportunity of cross examining any witness who has already been examined by 2[1[the Designated Court ]1]2 and has given evidence against him, of calling evidence in his defence and of being heard.

19. Grounds for declaring election to be void. - (1) Subject to the provisions of sub - section (2) if 2[1[the Designated Court ]1]2 is of opinion, - (a) that on date of his election a returned candidate w as not qualified, or was disqualified, to be chosen as a 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 54 (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 corrup t 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; 2[1[the Designated Court ]1]2 shall declare the election of the returned candidate to be void. (2) If in the opinion of 2[1[the Designated Court ]1]2, any agent of a returned candidate has been guilty of any corru pt practice, but 2[1[the Designated Court ]1]2 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 order 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 agents, then 2[1[the Designated Court ]1]2 may decide that the election of the returned candidate in not void.

been elected.

21. Procedure in case of equality of votes. - If during th e trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then 55 2[1[the Designated Court ]1]2 shall deci de between them by lot and proceed as if the one on whom the lot falls had received an additional vote.

22. Corrupt practices. - The following shall be deemed to be corrupt practices for the purposes of this Act, namely, - (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; 1[(ia) coercion or fraud enti cing of any voter or member of the Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be, to trade the post of member or Adhyaksha or upadhyaksha of the Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be, during elec tion for a consideration ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016 (ii) undue influence as defined in clause (2) of the said section for the time being in force; (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 fla g 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; (iv) the promotion of or attempt to promote, feelings of enmity or hatredness 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 or for prejudicially affecting the election of any candidate; (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 that candidate’s electio n; (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 v oter (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. (vii) the holding of any meeting at which intoxicating liquors are ser ved; (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; 56 (ix) any other practice which the Government may by rules specify to be a corrupt practice.

23. Order as to corrupt practices. - The corrupt practices referred to in section 22 shall entail disqualification for membership of any local authority for a period of five years counting from the date on which the finding of 2[1[the Designated C ourt]1]2 as to such practices takes effect under this Act.

24. Communication of orders. - 2[1[the designated court ]1]2 shall after announcing the orders made under sections 18 and 19 send a copy thereof to the 2[the State Election Commissioner and the concerned panchayat ]2. 1[24A. Transfer of pending c ases .- All cases pending before Civil Judge (Junior Division) and Civil Judge(Senior Division) now called as Court of a Civil Judge or Court of a Senior Civil Judge pertaining to election disputes before the date of commencement of the Karnataka Panchayath Raj (Second Amendment) Act, 2015 shall stand transferred to the concerned designated Court and shall be disposed off as if they are pending before them. ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

25. Fresh election if a seat becomes vacant. - If the seat of any member has become vacant or is deemed to have become vacant under section 13, a fresh election for the vacancy so caused shall be held in accordance with the provisions of this Act.

26. Prohibition of canvassing in or near polling station. - (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) Any person who contravenes the provisions of sub section (1) shall on conviction, be punished with fine which may extend to rupees five hundred. (3) An offence punishable under this section shall be cogni zable.

27. 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 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 pu blic 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 . 57 (2) Any person who contravenes or willfully aids or abets the contravention of the provisions of sub -section (1) shall, on conviction, be punished with imprisonment which may extend to three months or with fine or with both. (3) If the presiding officer of a polling statio n 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. (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.

28. Penalty for misconduct at polling station. - (1) Any person who du ring 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. (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) If any person who has been so removed from a polling station reenters 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 fi ne, or with both. (4) An offence punishable under sub -section (3) shall be cognizable.

29. 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 a ny election shall maintain and aid in maintaining , the secrecy of the voting and shall not ( expect for some purpose authorised by or under any law) communicate to any person any information calculated to violate secrecy. (2) Any person who contravenes t he 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.

30. Officers etc., at elections not to act for candidate or influence voting. - (1) No person who is a returning officer or a presiding officer 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 the 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. (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. (3) Any person who contravenes the provisions of sub -section (1) or sub -section (2) sha ll , on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both. (4) An offence punishable under sub -section (2) shall be cognizable.

31. Breaches of official duty in connection with elections. - (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his 58 official duty, he shall , on conviction, be punished with fine which may extend to five hundred rupees. (2) An offence under sub -section (1) shall be cognizable. (3) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid. (4) The persons 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 purpos e of this section be constructed accordingly, but shall not include duties imposed otherwise than by or under this Act.

1[31A. Offence of booth capturing. - Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term whi ch shall not be less than six months but which may extend to two 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 one year but which may extend to three years and with fine. 1. Section 31A and 31B inserted by Act 29 of 1997 w.e.f. 20.10.1997. Explanation. - For the purpose of this section, 'booth capturing' includes among other things, all or any of the following activities, namely: - (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 1[XXX]1 and doing of any other act which affects the orderly conduct of elections; (b) taking possess ion 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 prevent others from voting; (c) threatening any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote; (d) seizure of a place for counting of votes by any person or persons, making counting authorities surrender the ballot papers 1[XXX]1 and the doing of anything which affects the orderly coun ting of votes; (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 furtherance of the prospects of the election of a candidate.

agent.

32. Removal of ballot papers from polling stations to be an offence. - (1) Any person who at any election fraudulently takes, or attempts to ta ke, a ballot paper out of a polling station or willfully aids or abets the doing of such act, shall, on conviction, be punished with imprisonment for a term which mat extend to one year or with fine or with both. (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, 59 before such person leaves the polling station, arrest or direct a police officer to arrest such person and may searc h 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. (3) Any ballot paper found upon the person arreste d 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. (4) An offence punishable under sub -section (1) shall be cognizab le.

33. Other offences and penalties thereof. - (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, noti ce or other documents affixed by or under the authority of a returning officer; or (c) fraudulently defaces, or fraudulently destroys any ballot paper or the official mark 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 authorised by law to put in; or (f) without due authority des troys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or (g) fraudulently or without due authority, as the case may be, attempts to do any of the forgoing acts or willfully aids or abets the doing of any such acts. (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 e lection, 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 o r with both. (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 t he 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) An offence punishable under clause (b) of sub -section (2) shall be cognizable.

34. Promotion of enemity 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 enemity or hatred between different classes of the 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.

35. Prohibition of pubic meetings on the day preceding the election day and on the election day. - (1) No person shall convene, hold or attend any public meeting, within any 60 polling area within forty -eight hours before the commencement of the poll or on the date or dates on which poll is taken for an election in that polling area. (2) Any person who contravenes the provisions of sub -section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

36. Powers of Deputy Commissioner to prohibit fairs etc. , on election day. - The Deputy Commissioner may, in order to ensure free and fair election, prohibit any fair (including cattle fair) or shandies in a panchayat area on the day of election to the Grama Panchayat of such area.

37. Disturbance at election m eetings. - (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. (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 th at 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 witho ut warrant.

38. 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 addresses of the printer and the publisher thereof. (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 d elivered 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) 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 pamphlets or posters means any p rinted 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) Any person who contravenes any of the provisions of sub -section (1) or sub -section (2) shall, on convict ion, 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.

39. Penalty for illegal hiring or procuring of conveyance at election. - If any person is guilty of any such co rrupt practice as is specified in clause (vi) of section 22 at or in connection with an election, he shall, on conviction, be punished with fine which may extend to five hundred rupees. 61

40. Prosecution in certain offences. - No court shall take cognizance of an offence punishable under clause (a) of sub -section (2) of section 33 unless there is a complaint made by an order of or under authority from the Deputy Commissioner.

41. Term of office. - The members of a Grama Panchayat shall save as otherwise provi ded in this Act, hold office for a term of five years.

42. Commencement of term of office. - (1) The term of office of the members elected at a general election or at a second election held under sub -section (6) of section 5, shall commence on the date app ointed for the first meeting of the Grama Panchayat. (2) The term of office of a member elected under section 5 to fill a casual vacancy shall commence on the date of publication of his name under sub -section (8) of section 5.

43A Removal of members

43B. Members to declare assets and liabilities. – (1) Every member shall within three mon ths from the date of commencement of his term of office and until the expiry of his term in every calendar year, and within one month of the end of the financial year, file a declaration of the movable and immovable assets and liabilities of more than two lakhs owned by him and by all the members of his joint family in the form as may be prescribed before the state election commission through the panchayat development officer of concerned Gram Panchayat: Provided that, where the term of a member commences b efore two months of the end of the financial year such member may file his declaration within two months after the commencement of the following financial year. (2) the panchayat development officer of the concerned panchayat shall receive the declaratio ns filed by all the members and forward them to the state election commission in the first week of May of that year and, in the case of late submissions, in the first week of July of the year, with a statement of members who have filed and who have not fil ed the declaration. (3) a member, who after filing a declaration under sub -section (1), acquires or disposes of any property or incurs any liability shall file a declaration to that effect before the state election commission through the panchayat develo pment officer of the panchayat, within forty-five days from the date of such acquisition or disposal, as the case may be, and the panchayat development officer shall follow the same procedure as in sub -section (1). (4) if the member does not file the decl aration within the time without reasonable cause or the declaration is found to be false, shall be deemed to have committed guilty of misconduct and the state election commission shall after giving an opportunity of hearing, remove him from membership and declare his seat vacant. ]1]2

44. Election of Adhyaksha and Upadhyaksha. - (1) Every Grama Pan chayat shall, 1[within one month from the date of publication of names of elected members under sub - section (8) of section 5]1, 2[or immediately before the expiry of term of office of Adhyaksha and Upadhyksha]2 choose two members of the Grama Panchayat to be respectively Adhyaksha and Upadhyaksha. In the event of occurrence of any vacancy by reason of death, resignation, removal or otherwise in the office of Adhyaksha or Upadhyaksha, the Grama Panchayat shall choose another member to be the Adhyaksha or th e Upadhyaksha, as the case may be. (2) Subject to the general or special order of the 1[State Election Commission]1, the Deputy Commissioner shall reserve, - (a) such number of offices of Adhyakshas and Upadhyakshas of Grama 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 pro portion to the total number of the offices in the 63 State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State: 1[Proviso x x x]1 2[Provided that, if no person belonging to the scheduled caste is available, the seats reserved for that category, shall also be filled by the persons belonging to the scheduled tribes and vice -versa ]2 2. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. (b) such number of offices of Adhyakshas and Upadhyakshas of the Grama Panchayats, which shall as nearly as may be, one -third of the total number of offices of Adhyaksha and Upadhyaksha in the State for the persons belonging to the Backward Classes: 2[But t he number of offices of Adhyakshas and Upadhyakshas reserved for the Backward Classes under this clause shall be so determined, that the total number of offices of Adhyaksha and Upadhyaksha reserved for the Scheduled Castes and the Scheduled Tribes under clause (a) and the Backward Classes under this clause shall not exceed fifty per cent of the total number of offices of Adhyaksha and Upadhyaksha of the Grama Panchayaths in the State.]2 1[Provided that out of the offices reserved under this clause e ighty per cent of the total number of such offices shall be reserved for the persons falling under category ‘A’ and the remaining twenty per cent of the offices shall be reserved for the persons falling under category ‘B’: Provided further that if no person falling under category ‘A’ is available, the offices reserved for that category shall also be filled by the persons falling under cate gory ‘B’ and Vice versa .]1 (c) not less than 1[fifty percent]1 of the total number of offices of Adhyaksha and Upadhyaksha of Grama Panchayats in the State from each of the categories which are reserved for persons belonging to the Scheduled Castes, Sch eduled Tribe and Backward Classes and of those which are non -reserved, for women 2[Subject to an overall limit of one half of the total number rounding of to the next number]2; Provided that the offices reserved under this sub -section shall be allotted by rotation to different Grama Panchayats. 3[Provided further that the duration of the offices reserved under this sub -section shall be thirty months.]3 Explanation .- For the removal of doubts it is hereby declared that the principle of rotation for purpos e of reservation of offices under this section shall commence from the first election to be held after the commencement of the Karnataka Panchayat Raj Act, 1993. 2. Inser ted by Act 17 of 2015 w.e.f. 30.04.2015

Panchayat etc.

46. Term of office and conditions of service of Adhyaksha and Upadhyaksha. - 1[(1) The term of office of every Adhyaksha and every Upadhyaksha of the Grama Panchayat shall, save as otherwise provided in this Act, be 2[3[thirty months]3]2 from the date of h is election or till he ceases to be a member Grama Panchayat, whichever is earlier.]1 (2) Salary and other conditions of service of Adhyaksha and 1[Upadhyaksha and chairman standing committee ]1 shall be as prescribed. 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

47. Appointment of Adhyaksha during vacancy in the office. - During a vacancy in the office of the Adhyaksha of the Grama Panchayat, the Upadhyaksha and when there is no Upadhyaksha, 1[the Chairman of the standing committee for social justice of the concerned Gram Panchayat and if there is no such chairman ]1 an officer appointed by the Deputy Commissioner shall exercise the powers and perform the duties of the Adhyaksha until an Adhyaksha is duly elected. 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

48. Resignation or removal of Adhyaksha and Upadhyaksha. - (1) The Adhyaksha of the Grama Panchayat may resign his office by writing under his hand addressed to the Assistant Commissioner and the Upadhyaksha of the Grama Panchayat may resign his office by writing under his hand addressed to the Adhyaksha and in absence of the Adhyaksha to the Assistant Commissioner. 4[Provided that Adhyaksha or Upadhyaksha of a Gram Panchayat shall, - (i) on the grounds of proven physical or mental incapacity certified by a competent authority approved by the State Election Commission; or; (ii) on the grounds of securing employment in central Government or State Government or public undertakings; -resign his office or membership, or be liable for removal. ]4 3[Provided further that the Assistant Commissioner shall enquire into the cause of resig nation and satisfy that resignation has not been submitted under threat, coercion, undue influence and allurement and is submitted voluntarily; 65 5[XXX]5]3 (2) Every Adhyaksha or Upadhyaksha of the Grama Panchayat shall vacate his office if he ceases to b e a member of the Grama Panchayat. (3) Every resignation under sub -section (1) shall take effect on the expiry of ten days from the date of its receipt by the Assistant Commissioner or the Adhyaksha, as the case may be, unless within the period of ten day s he withdraws such resignation by writing under his hand addressed to the Assistant Commissioner or the Adhyaksha, as the case may be. (4) Every Adhyaksha and Upadhyaksha of Grama Panchayat shall, after an opportunity is afforded for hearing him, 2[and i f necessary after obtaining a report from the Taluk Panchayat and considering the same]2 be removable from his office as Adhyaksha or Upadhyaksha by the 1[Government]1 6[or an authority authorised by the Government ]6 for being persistently remiss 1[or guil ty of misconduct]1 in the discharge of his duties and an Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub - section (2) shall not be eligible for re -election as Adhyaksha or Upadhyaksha during the remaining term of office as me mber of such Grama Panchayat. (5) An Adhyaksha or Upadhyaksha removed from his office under sub -section (4) may also be removed by the 1[Government]1 from the membership of the Grama Panchayat. 4. Substitu ted by Act 37 of 2017 w.e.f.12.07.2017.

49. Motion of no -confidence against Adhyaksha or Upadhyaksha of Grama Panchayat. - 2[(1)]2Every Adhyaksha or Upadhyaksha of Grama Panchayat shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of not less than two thirds of the total number of members of the Grama Panchayat at a meeting specially convened for the purpose in accordance with the procedure as may be prescribed: Provided that no such resolution shall b e moved unless notice of the resolution is signed by not less than 3[one-half]3 of the total number of members and at least ten days notice has been given of the intention to move the resolution: 1[Provided further that no resolution expressing want of co nfidence against an Adhyaksha or Upadhyaksha, shall be moved 3[within the first 4[fifteen months ]4]3 from the date of his election: Provided also that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered an d negatived by a Grama Panchayat a similar resolution in respect of the same Adhyaksha or Upadhyaksha shall not be given notice of, or moved, 3[4[six months]4]3 from the date of the decision of the Grama Panchayat.]1 2. Renumbered as sub section 1 by Act No 44 of 2015 w.e.f 25.02.2016. 3. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016. 66 2[1[2.XXX]1]2

50. Procedure at meetings. - The procedure at a meeting of the Grama Panchayat shall be as prescribed.

51. Casual vacancies. - A casual vacancy in the office of the Adhyaksha or Upadhyaksha or member of the Grama Panchayat shall be filled by election of an Adhyaksha or Upadhyaksha or member who shall hold office so long as the Adhyaksha, Upadhyaksha or member in whose place he has been elected would have held office if the vacancy ha d not occurred.

52. Meeting of the Grama Panchayat. - (1) A Grama Panchayat shall meet for the transaction of business at least 1[once in a month]1 at the office of the Grama Panchayat and at such time as the Adhyaksha may determine. (2) The Adhyaksha 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 within fifteen days from the receipt of such request, call a special me eting. (3) Seven clear days notice of an ordinary meting and three 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 Grama Panchayat to the members and such officers as the Government may prescribe, and affixed on the notice board of the Grama Panchayat. (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 1[attend every meeting of the Grama Panchayat and take part in the proceedings]1 but shall not be entitled to vote. (5) If the Adhyaksha fails to call a special meeting as p rovided in sub -section (2) , the Upadhyaksha or one third of the total number of members may call such meeting for a day not more than fifteen days after the presentation of such request and require the Secretary of the Grama Panchayat to give notice to th e members and to take such action as may be necessary to convene the meeting. 1[Explanation :- for the purpose of this section, an ordinary or special meeting includes an extended meeting of such ordinary or special meeting as the case may be. (6) ev ery meeting may be allowed to be telecasted if in the opinion of the panchayat the proceeding of a such Gram Panchayat be telecasted ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

53. Quorum and procedure. - (1) The quorum for a meting of the Grama Pan chayat shall be 1[one-half]1 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 Grama 67 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 the meeting so fixed or at any subsequent adjourned meeting at which there is a quorum. 2[1[Provided that in any meeting called for the purpose of election of Adhyaksha or Upadhyaksha, if there is no quorum at the time appointed for the meeting, the presi ding authority shall wait for thirty minutes and if within such time there is no quorum, he/she shall adjourn the meeting to such time on the following working day which is not a public holiday and if there be no quorum even on the second adjourned day, e lection shall be conducted for which no quorum is necessary ]1]2 (2) Save as otherwise provided by or under this Act, at every meeting of Grama Panchayat, the Adh yaksha or in his absence the Upadhyaksha shall preside, and in the absence of both, the members present shall choose one from amongst themselves to preside for the occasion. (3) All questions shall, unless otherwise specifically provided, be decided by a majority of votes of the members present and voting. The Adhyaksha or Upadhyaksha 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 o f equality of votes he may give his casting vote. (4) No member of a Grama Panchayat shall vote on, or take part in the discussion of any question coming up for consideration at a meeting of a Grama Panchayat, if the question is one in which apart from it s 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. 1[(4A) It shall be the duty of every member of a Gra ma Panchayat to disclose to the Grama Panchayat any pecuniary interest that he has, direct or indirect, in any question coming up for consideration at a meeting of a Grama Panchayat]1 (5) If the person presi ding 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 Grama Panchayat may be chosen to preside at the meeting during the continuance of such discussion. 1[(6) Every member of Grama Panchayat or any committee thereof shall be paid a sitting fee, per day of sitting at such rate, as may be presc ribed.]1

54. Modification or cancellation of resolution. - No resolution of a Grama Panchayat shall be modified or cancelled within six months after the passing thereof, except by a resolution passed by no t less than one -half of he total number of members at an ordinary or special meeting, notice whereof shall have been given fulfilling the requirement of sub - section (3) of section 52 setting forth fully the resolution which it is proposed to modify or canc el at such meeting and the motion or proposition for the modification or cancellation of such resolution. 68

55. Minutes. - (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 th e Grama Panchayat and if any member 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 Adhyaksha or Upadhyaksha or person presiding at such meetings, and shall at all reasonable times be open to inspection by any member of the Grama Panchayat. Any person may inspect the copy of the minutes of the meeting. The minute book shall always be kep t in the office of the Grama Panchayat and shall be in the custody of the Secretary of the Grama Panchayat. 1[A copy of the proceedings shall be displayed within three days from the date of the meeting on the notice board of the Grama Panchayat along with the details of the names of the members voting respectively for or against the resolutions passed in the meetings.]1 (2) A copy of every resolution passed by the Grama Panchayat shall within ten days from the date of meeting be forwarded by the Secretary to the Executive Officer 1[and copies of the minutes of the meeting shall be furnished to all members.]1

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

57. Validity of proceedings. - (1) No disqualification of or defect in the election or appointment of any person acting as member or as the Adhyaksha of the Grama Panchayat or the Chairman or member of the committee of the Grama Panchayat constituted under this Act shall be deemed to vitiate any act or proceeding of the Grama Pan chayat 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[Provided that the executive officer of Taluk Panchayat concerned shall decide as to whether any resolution passed by the Gram Panchayat is in contravention of the provisions of the Act or the rules made thereunder and submit such resolution to the Adhyaksha of Taluk Panchayat to take action under section 237 of the Act ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. (2) No resolution of a Grama Panchayat or of any committees of a Grama Panchayat constituted under this Act shall be deemed invalid on account of any irregularity in the service of notice upon any member, provided that t he proceedings of the Grama Panchayat or committee were not prejudicially affected by such irregularity. (3) Until the contrary is proved, every meeting of a Grama Panchayat or of the committee of a Grama 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 procee dings of a committee, such committee shall be deemed to have been duly constituted and to have had the power to deal with matters referred to in the minute. 69 (4) During any vacancy in a Grama Panchayat or Committee of a Grama Panchayat, the continuing me mbers may act as if no vacancy had occurred. CHAPTER IV FUNCTIONS , DUTIES AND POWERS O F GRAMA PANCHAYAT , ADHYAKSHA AND UPADH YAKSHA