Term of office of members

(1) the term of office of members of a village 139.Powers of the state Election Commission.— (1) Where the State Election Commission in deciding any question under sub-section (2) of section 34 or section 36 of this Act considers it necessary or proper to make an inquiry, and the commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decision in the matter which is being inquired into the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely;- (a)summoning and enforcing the attendance of any person and examining him on oath; (b)requiring the discovery and production of any document or other material object producible as evidence; (c)receiving evidence on affidavits; (d)requisitioning any public record or a copy thereof from any court or office; (e)issuing commissions for the examination of witnesses or documents. (2)The Commission shall also have the power to require any person including Government officials subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject matter of the inquiry. (3)The commission shall be deemed to be a civil court and when any such offence, as is described in section 175; section 178, section 179, section 180 or section 228 of the Indian Penal Code (Central Act 45 of 1860), is committed in the view or presence of the Commission, the Commission may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973. (4)Any proceeding before the Commission shall be deemed to be judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code 1860 (Central Act 45 of 1860) 140.Statements made by persons to the State Election Commission. - No statement made by a person in the course of giving evidence before the State Election Commission shall subject him to, or be used against him in, any Civil or criminal proceeding except a prosecution for giving false evidence by such statement. Provided that the statement (a)is made in reply to a question which he is required by the State Election Commission to answer, or (b)is relevant to the subject matter of the inquiry. 141.Procedure to be followed by the State Election Commission. — The State Election Commission shall have the power to regulate its own procedure, including the fixing of places and times of its sittings and deciding whether to sit in public or in private. 142.Protection of action taken in good faith. — No suit, prosecution or other legal proceeding shall lie against the State Election Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this chapter or of any order made there under or in respect of the tendering of any opinion by the Commission to the Government or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings. 143.Extension of time for completion of election. - It shall be competent for the State Election Commission for reasons which it considers sufficient, to extend the time for the completion of any election by making necessary amendment in the notification issued by it under section 49. 144.Return of forfeiture of candidates deposit. - (1) The deposit made under section 53 shall either be returned to the person making it or his legal representative or be forfeited to the panchayat concerned in accordance with the provisions of this section. (2)Except in cases hereafter mentioned in this section, the deposit shall be returned within three months after the result of the election is declared. (3)If the candidate is not shown or his name is shown incorrectly in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned to him or to his heir as the case may be, as soon as practicable, after the publication of the list or after his death as the case may be. (4)Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one 50[sixth] of the total number of valid votes polled by all the candidates. 145.Staff of every local Self Government Institution to be made available. - Every department of the Government and every local Self Government institution or 51[other authorities and every educational institution including an aided school or private affiliated college] in the State shall when so requested by the State Election Commission or the District Election Officer make available - (a)to the electoral registration officer, such staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral roll; or (b)to any returning officer such staff as may be necessary for the performance of any duties in connection with an election. 146.Special provision for adoption of Electoral roll of the Assembly Constituency. - (1) Notwithstanding anything contained in this Act, the State Election Commission may, - if it deem necessary, prepare the electoral rolls of panchayats without conducting an enumeration by adopting the electoral rolls of the Assembly Constituencies as in force for the purpose of elections under this Act. Substituted by Act 7 of 1995. Inserted by Act 7 of 1995. (2)The Electoral roll of Assembly Constituency as adopted under sub-section (1) shall be divided into separate parts for each constituency of the panchayats and all electors included in the electoral roll for the Assembly Constituency relating thereto shall be incorporated in the electoral roll of the Constituencies of the panchayat concerned. Explanation. - In this section ‘Assembly Constituency means a constituency for the purpose of election to the State Legislative Assembly. (3)In preparing the electoral rolls under sub-section (1) the State Election Commission shall mutatis mutandis follow the procedure laid down for the preparation of electoral rolls under this Act and the rules made there under. 147.Jurisdiction of civil courts barred. - No civil court shall have jurisdiction - (a)to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency; or (b)to entertain any question on the legality of any action taken by or under the authority of an electoral registration officer or of any decision given by any other person appointed under this Act for the revision of any such roll; (c)to entertain any question on the legality of any action taken or of any decision given by the returning officer or by any other persons appointed under this Act in connection with an election. 148.Expensed in connection with elections. - Funds to meet all expenses in connection with the elections to the panchayats including those in relation to the preparation of electoral rolls therefore, shall be provided by the Government at the first instance and such expenses shall be got reimbursed to the Government from the panchayats concerned in such manner as may be prescribed: Provided that if elections are conducted to different levels of the panchayats simultaneously then the total expenses for election to such panchayats shall be recovered only proportionately from the panchayats concerned. panchayat, a block panchayat or a district panchayat shall be five years from the date fixed for convening the first meeting of that panchayat. (2)Ordinary vacancies in the office of members of panchayat at any level shall be filled at general elections which shall be fixed by the Government to take place on such day or days within three months before the occurrence of the vacancies as they think fit. (3)A casual vacancy in the office of a member of panchayat at any level shall be filled by the State Election Commission, within six months after the occurrence of the vacancy, through a bye-election. (4)No bye-election shall be held to fill a vacancy occurring within six months before the ordinary date of retirement by efflux of time. (5)A member of a Panchayat at any level elected at a bye-election shall enter upon office forthwith, but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.