Vidhi Codex

The Punjab State Election Commission Act, 1994

The Punjab State Election Commission Act, 1994

General1994127 sections

This law establishes the Punjab State Election Commission to oversee elections for local government bodies known as Panchayats and Municipalities. It applies to the state of Punjab and gives the commission the authority to prepare voter lists and manage the voting process. The Act matters because it ensures these local elections are conducted fairly and independently, allowing citizens to elect representatives for their immediate communities by regulating the rules for candidates and the overall conduct of the polls.

Start reading →Read full ActSections
  1. 1. Short title and commencement
  2. 2. Definitions
  3. 3. Election to Panchayats and Municipalities
  4. 4. Qualification for appointment as Election Commissioner
  5. 5. Salary
  6. 6. Term of Office
  7. 7. Leave
  8. 8. Pension payable to the Election Commissioner
  9. 9. Right to subscribe to General Provident Fund
  10. 10. Other Conditions of service
  11. 11. Disqualifications for membership of a Panchayat or a Municipality
  12. 12. State Government to decide disputes regarding disqualification
  13. 13. Appointment of Deputy Election Commissioner and Secretary to Election Commission
  14. 14. District Electoral Officer
  15. 15. Electoral Registration Officer
  16. 16. Returning Officer
  17. 17. Returning Officer to include Assistant returning Officers
  18. 18. General duty of the Returning Officer
  19. 19. Provision for polling stations for constituencies
  20. 20. Appointment of Presiding Officer for polling stations
  21. 21. Duties of Presiding Officer
  22. 22. Duties of Polling Officer
  23. 23. District Electoral Officer, Electoral Registration Officer, Returning Officer, Assistant Returning Officer, Presiding Officer and Polling Officer deemed to be on deputation to the Election Commission
  24. 24. Electoral Rolls for every constituency
  25. 25. Disqualification for registration in an electoral roll
  26. 26. No person to be registered in more than one constituency
  27. 27. No person to be registered more than once in any constituency
  28. 28. Conditions of registration
  29. 31. Correction of entries in electoral rolls
  30. 33. Appeals
  31. 34. Fee for applications and appeals
  32. 35. Appointment of dates for nominations, etc
  33. 36. Public notice for election
  34. 37. Nominating of candidates for election
  35. 40. Notice of nominations and the time and place for their scrutiny
  36. 44. Election agents
  37. 45. Disqualification for being an election agent
  38. 47. Appointment of polling agents
  39. 48. Appointment of counting agents
  40. 52. Non-attendance of polling or counting agents
  41. 53. Death of candidates before poll
  42. 54. Procedure in contested and uncontested elections
  43. 55. Eligibility of members of Scheduled Castes to hold seats not reserved for those castes
  44. 56. Casual Vacancies in the Panchayats and Municipalities
  45. 57. Fixing time for poll
  46. 58. Adjournment of poll in emergencies
  47. 59. Fresh poll in the case of destructions etc of ballot boxes
  48. 60. Adjournment of poll or counter mending of election on the ground of booth capturing
  49. 61. Manner of voting at elections
  50. 62. Special procedure for voting by certain person
  51. 63. Special procedure for preventing personation of electors
  52. 64. Voting machines at elections
  53. 65. Right to vote
  54. 66. Counting of votes
  55. 67. Destructions loss etc. of ballot paper at the time of counting
  56. 68. Equality of votes
  57. 69. Declaration of Results
  58. 70. Report of the results
  59. 71. Publication of results
  60. 72. Date of election of candidate
  61. 73. Setting up of Election Tribunals.
  62. 74. Election petitions.
  63. 75. Election Tribunal to try election petitions.
  64. 76. Presentation of petition.
  65. 77. Parties to the petition.
  66. 78. Contents of petition.
  67. 79. Relief that may be claimed by the petitioner.
  68. 80. Trial of election petitions.
  69. 81. Procedure before the Election Tribunal.
  70. 82. Documentary evidence.
  71. 83. Secrecy of voting not to be infringed.
  72. 84. Answering of criminating question and certificate of indemnity.
  73. 85. Expenses of witness.
  74. 86. Recrimination when seat claimed.
  75. 87. Decision of the Election Tribunal.
  76. 88. Other orders to be made by the Election Tribunal
  77. 89. Grounds for declaring election to be void
  78. 90. Grounds for which a candidate other than the returned candidate may be declared to have been elected
  79. 91. Procedure in case of an equality of votes
  80. 92. Communication of orders of the Tribunal
  81. 93. Translation of order of the prescribed authority etc, and its publication
  82. 94. Effect of orders of the Tribunal
  83. 95. Withdrawal of election petitions
  84. 96. Procedure for withdrawal of election petitions
  85. 97. Report of withdrawal by the Tribunal to the Election Commission
  86. 98. Abatement of election petitions
  87. 99. Abatement or substitution on death of respondent
  88. 100. Appeal to High Court
  89. 101. Application for stay of operation of order
  90. 102. Procedure in appeal
  91. 103. Security for costs
  92. 104. Security for costs from a respondent
  93. 105. Costs
  94. 106. Payment of costs out of security deposited and return of such deposits
  95. 107. Execution of orders as to costs
  96. 108. Corrupt practices
  97. 109. Promoting enmity between classes in connection with election
  98. 110. Prohibition of public meetings on the day preceding the election day and on the election
  99. 111. Disturbances at election meetings
  100. 112. Restrictions on the printing of pamphlets, posters, etc.
  101. 113. Maintenance of secrecy of voting
  102. 114. Officers, etc. At elections not to act for candidate or to influence voting.
  103. 115. Prohibition of canvassing in or near polling station.
  104. 116. Penalty for disorderly conduct in or near a polling station.
  105. 117. Penalty for misconduct at the polling station.
  106. 118. Penalty for failure to observe procedure for voting.
  107. 119. Penalty for illegal hiring or procuring of conveyance at elections.
  108. 120. Breach of official duty in connection with elections.
  109. 121. Penalty for Government servants and employees of local bodies for action as election agent, polling agent or counting agent.
  110. 122. Removal of ballot papers from polling station to be an offence.
  111. 123. Offence of booth capturing.
  112. 124. Other offence and penalties.
  113. 142. Over-riding effect
  114. 143. Repeal and savings
  115. 20. (1) (2) (3) (4). Duties of Presiding Officer.
  116. 29 (1)(2)(3)(4)(5)(6)(7)(8)(9)(10). Meaning of ordinary resident.
  117. 30 (1)(2)(3). Preparation and revision of electoral rolls.
  118. 32 (1)(2)(3). Inclusion of names in electoral rolls.
  119. 38 (1)(2)(3)(4)(5). Presentation of nomination paper and requirements for a valid nomination.
  120. 39 (1)(2). Deposits.
  121. 41 (1)(2)(3)(4)(5)(6)(7). Scrutiny of nominations.
  122. 42 (1)(2)(3). Withdrawal of Candidature.
  123. 43 (1)(2). Publication of list of contesting candidates.
  124. 46 (1)(2). Revocation of the appointment or death of an election agent.
  125. 49 (1)(2). Revocation of the appointment or death, of a polling agent or counting agent.
  126. 50 (1)(2). Functions of polling agents and counting agents.
  127. 51 (1)(2). Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent.

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