KERALA PANCHAYAT RAJ ACT, 1994
[Act No. 13 of 1994]
PREAMBLE
An Act to replace the present enactments relating to Panchayats and district councils by a comprehensive enactment.
Whereas it is expedient to replace the present enactments relating to Panchayats' and district councils by a comprehensive enactment to establish a three-tier Panchayat Raj System in the State in line with the Constitution (Seventy-third Amendment) Act, 1992, for securing a greater measure of participation of the people in planned development and in local governmental affairs, by constituting village, block and district Panchayats;
And endow such Panchayats with such powers and authority to enable them to function as institutions of self-government;
And entrusting such Panchayats the preparation of plans and implementation of schemes for economic development and social justice including the implementation of sc
(1). This Act may be called the Kerala Panchayat Raj Act. 1994.
(2) It extends to the whole of the State of Kerala except the areas which are within the limits of the Cantonments, Nagar Panchayats, Municipal Councils, Municipal Corporations and the Industrial areas of the State.
1[Provided that the provisions in chapters XXV B, XXV C of this Act shall extent to the areas within the limits of Town Panchayats, Municipal Councils and Municipal Corporations in the State of Kerala.]
(3) It shall come into force at once,
2[Provided that Sections 235A to 235Z shall come into force on the 3[1st day of January, 2006.]
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1. Inserted by Act 31 of 2005, w.e.f. 24-3-1999.
2. Inserted by Act 13 of 2000, w.e.f. 1-10-1999.
In this Act, unless the context otherwise requires, -
(i) 'article' means an article of the Constitution of India;
(ii) 'Block Panchayat' means a Block Panchayat constituted at intermediate level under clause (b) of sub-section (1) of Section 4;
(iii) 'building' includes a house, out-house, stable, latrine, shed, hut and any other structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever;
(iv) 'by-election' means an election other than general election;
(v) 'candidate' means a person who has been or claims to have been duly nominated as a candidate at any election;
(iv) 'causal vacancy' means a vacancy occurring otherwise than by efflux of time:
1[(via.) 'Committee' means a Standing Committee constituted under this Act or any other committee constituted by the
(1) For the purposes of this chapter, each constituency of a Village Panchayat may be specified as a village under clause (g) of Article 243.
(2) All persons whose names are included in the electoral rolls relating to a village comprised within the area of a Village Panchayat shall be deemed to be constituted as Grama Sabha of such village;
1[(3)Grama Sabha 2[shall meet at the place, date and time, fixed by the Convener of Grama Sabha in consultation with the president of the village panchayat and the Convener of the Grama Sabha shall intimate the details of the meeting to the Grama Sabha Members by a public notice] and to such meetings, the 2[Convener of Grama Sabha] shall, compulsorily invite the members of the Block Panchayat, the District Panchayat and the Legislative Assembly representing the area of Grama Sabha:
Provided that the Convener shall, on a request i
1[(1) Grama Sabha shall, in such manner and subject to such procedure, as may be prescribed, perform the following powers and functions, namely:
(a) to render assistance in the collection and compilation of details required to formulate development plans of the Panchayat;
(b) to formulate the proposals and fixing of priority of schemes and development programmes to be implemented in the area of Village Panchayat;
(c) to prepare and submit to the Village Panchayat a final list of eligible beneficiaries in the order of priority relating to the beneficiary oriented schemes on the basis of the criteria fixed;
(d) to render assistance to implement effectively the development schemes by, providing facilities locally required;
(e) to provide and mobilize voluntary service and contribution in cash or in kind necessary for the development plans;
(1) The Grama Sabha shall have the following responsibilities, namely:
(i) dissemination of information regarding developmental and welfare activities;
(ii) participating in and canvassing of programmes of Health and Literacy and such other time bound developmental programmes;
(iii) collecting essential socio-economic data;
(iv) providing feedback on the performance of development programmes;
(v) resort to moral sanction to pay taxes, repayment of loans, promote environmental cleanliness and to maintain social harmony;
(vi) mobilize local resources to augment resources of the Panchayat;
(vii) supervising development activities as volunteer teams and;
(vii) make arrangements for reporting urgently incidence of epidemics, natural calamities etc.
(2) The Gram
(1) The Government shall, by notification in the Gazette, constitute with effect from such date as may be specified in the notification,
(a) a Village Panchayat for each village or for group of villages;
(b) a Block Panchayat at intermediate level; and
(c) a District Panchayat for each District Panchayat area and specify the names and headquarters of such panchayats.
(2) The Government may, at the request of the Panchayat concerned, or after consultation with the Panchayat and after previous publication of the proposal by notification,
(a) increase the area of any Village Panchayat by including within such Panchayat area any village or group of villages:
(b) diminish the area of any Village Panchayat by excluding from such Panchayat area any village or group of villages;
(c) alter the headquarters of a Pancha
(1) Every Panchayat shall be a body corporate by the name of the Panchayat specified in the notification issued under Section 4, shall have perpetual succession and a common seal, and shall, subject to any restriction or qualification imposed by or under this Act or any other law, be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purposes for which it is constituted.
(2) A District Panchayat, a Block Panchayat and a Village Panchayat shall exercise such powers, perform such functions and duties and shall have such responsibilities and authorities as are provided by or under this Act or any other law for the time being in force.
(1) The total number of seats in a Village Panchayat, a Block Panchayat and a District Panchayat to be filled by direct election shall be notified by the Government in accordance with the scale specified in sub-section (3) with reference to the population of the territorial area of the Panchayat concerned.
(2) The Government may after, publication of the relevant figures of each census, by notification alter the total number of seats in a Panchayat notified under sub-section (1) subject to the scale specified in subsection (3).
1[(3) The number of seats to be notified under sub-section (1) or under subsection (2) shall not,-
(a) in the case of Village Panchayat, be less than twelve or more than twenty-two
(b) in the case of a Block Panchayat, be less than twelve or more than twenty-two;
(c) in the case of a District Panchayat; be less than six
(1) Every Village Panchayat shall consist of elected members equal to the number of seats notified under sub-section (1) of Section 6.
(2) All the seats in a Village Panchayat shall be filled by persons chosen by direct election in accordance with the provisions of this Act.
(3) In every Village Panchayat, seats shall be reserved for the Scheduled Castes and the Scheduled Tribes.
(4) The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear, as nearly as may be, the same proportion to the total number of seats in that Panchayat as the population of the Scheduled Castes in that Panchayat area or, as the case may be, of the Scheduled Tribes in that Panchayat area bears to the total population of the Panchayat area, and such seats shall be allotted by the 1[State Election Commission] or an officer authorized by i
(1) Every Block Panchayat shall consist of,-
(a) elected members equal to the number of seats notified under subsection (1) of Section 6;
(b) the Presidents of the Village Panchayats in the territorial area of the Block Panchayat; and
1[(c) xxxx]
(2) All the seats in a Block Panchayat notified under sub-section (1) of Section 6 shall be filled by persons chosen by direct election in accordance with the provisions of this Act.
(3) In every Block Panchayat, stipulated seats shall be reserved for the Scheduled Castes and the Scheduled Tribes.
(4) The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear, as nearly as may be, the same proportion to the total number of seats in that Block Panchayat as the population of the Scheduled Castes in that
(1) Every District Panchayat shall consist of,-
(a) elected members equal to the number of seats notified under subsection (1) of Section 6; and
(b) the president of the Block Panchayats in the district;
1[(c) xxxx
(d) xxxx]
(2) All the seats in a District Panchayat notified under sub-section (1) of Section 6 shall be filled by persons chosen by direct election in accordance with the provisions of this Act.
(3) In every District Panchayat, stipulated seats shall be reserved for Scheduled Castes and the Scheduled Tribes.
(4) The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear, as nearly as may be, the same proportion to the total number of seats in that District Panchayat as the population of the Scheduled Castes i
(1) 1[The Government shall by notification in the Gazette, constitute a Delimitation Commission consisting of the State Election Commission as the Chairman and four Officers, not below the rank of Secretary to Government, as members. The said Delimitation Commission shall, as soon as may be after fixing the strength of a Panchayat at any level under Section 6, and after determining the number of seats to be reserved for Scheduled Castes, Scheduled Tribes and for Women].--
(a) divide every Panchayat into as many constituencies as there are seats and fix the boundaries of such constituencies:
Provided that the population of each constituency shall, as far as practicable, be the same throughout the Panchayat area:
Provided further that where the territorial area of a Block Panchayat is divided into constituencies, the boundaries of such constituencies shall not divide any constituency of a
1[The State Election Commission or an officer authorized by it] 2[or the Delimitation Commission] may , from time to time, correct any printing mistake in any order made under Section 10 or any error therein arising from an inadvertent slip or omission.
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1. Substituted by Act 13 of 1999.
2. Substituted by Act 3 of 2005, w.e.f. 10-1-2005
(1) As soon as may be, after a request by the State Election Commission to the Governor under clause (3) of Article 243 K, the Government shall lend the services of such number of officers and employees as may be necessary to assist the State Election Commission in the discharge of its functions.
(2) The Government may in consultation with the State Election Commission, appoint an officer not below the rank of Additional Secretary to Government as Secretary to the State Election Commission.
(3) The officers and employees referred to in sub-section (1) and sub-section (2) shall continue to be Government servants for all purposes and their terms and conditions of service shall continue to be the same as applicable to them under the Government.
(4) The State Election Commission shall, in consultation with the Government 1[xxxx] designate or nominate such of the officers of the Government or
(1) The State Election Commission shall, in consultation with the Government, designate or nominate an officer of the Government or a local authority as district election officer for each district:
Provided that the State Election Commission, may designate or nominate more than one such officer for a district if it is satisfied that the functions of the office cannot be performed satisfactorily by one such officer.
(2) Where more than one district election officer is designated or nominated for a district, the State Election Commission shall in the order designating or nominating them also specify the area in respect of which each such officer shall exercise jurisdiction.
(3) Subject to the superintendence, direction and control of the State Election Commission, every district election officer shall co-ordinate and supervise all works in the area within his jurisdiction including preparation and re
(1) The electoral rolls for all the constituencies comprised in a Village Panchayat shall be prepared and revised, in such manner as may be prescribed, by an electoral registration officer who shall be such officer of the Government or of a local authority as the State Election Commission may, in consultation with the Government, designate or nominate in this behalf.
(2) An electoral registration officer may, subject to such restrictions as may be prescribed, employ competent teachers of schools including aided schools or Government employees or employees of local authorities for the preparation and revision of the electoral rolls for the constituencies.
Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off t
(1) The State Election Commission may designate one or more persons as assistant electoral registration officers to assist any electoral registration officer in the performance of his functions:
Provided that every such person shall be an officer of the Government or of a Panchayat.
(2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer.
(1) For every constituency in a Village Panchayat there shall be prepared an electoral roll in accordance with the provisions of this Act.
(2) The draft electoral roll shall be published at the 1[respective] Panchayat office, and the village office, and 2[xxxx] at the headquarters of the block and the taluk office, for facilitating the voters to verify the same and the final list shall be published after taking decisions on the objections and applications.
(3) The electoral rolls for the constituencies of Block Panchayats and District Panchayats shall consist of the electoral rolls for all the constituencies of the Village Panchayats comprised within the constituencies of the Block Panchayat or, as the case may be, of the District Panchayat and it shall not be necessary to prepare or revise separate electoral rolls for such constituencies.
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(1) A person shall be disqualified for registration in an electoral roll if he,
(a) is not a citizen of India; or
(b) is of unsound mind and stands so declared by a competent Court; or
(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.
(2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included:
Provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of subsection (1) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal.
No person shall be entitled to be registered in the electoral roll for more than one constituency.
No person shall be entitled to be registered in the electoral roll for any constituency more than once.
Subject to the foregoing provisions of this chapter, every person who,
(a) is not less than eighteen years of age on the qualifying date; and
(b) is ordinarily resident in a constituency, shall be entitled to be registered in the
(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of a dwelling house therein.
(2) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
(3) A Member of Parliament or of the State Legislature or President or Vice- President of a Panchayat at any level shall not during the term of his office cease to be ordinarily resident in the constituency, in the electoral roll of which he is registered as an elector, at the time of his election as such member, or President or Vice-President by reason only of his absence from that constituency in connection with his duties as such member or President or Vice-President, as the case may be.
(4) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatme
(1) The electoral roll for each constituency in a Village Panchayat shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act.
(2) The said electoral roll,-
(a) shall, unless otherwise directed by the State Election Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date
(i) before each general election to a Panchayat at any level; and
(ii) before each by-election to fill a casual vacancy in a seat allotted to the constituency;
(b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the State Election Commission;
Provided that if the electoral roll is not r
If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied, after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency of a Panchayat,
(a) is erroneous or defective in any particular; or
(b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency; or
(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general, or special directions, if any, given by the State Election Commission in this behalf, amend, transpose or delete the entry:
Provided that before taking any action on any ground under
(1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll.
(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll of that constituency, direct in writing that his name be included therein:
Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant's name from that roll.
(3) No amendment, transposition or deletion of any entry shall be made under Section 23 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section after the last date
An appeal shall be within such time and in such manner, as may be prescribed, to the district election officer from any order of the electoral registration officer under Section 23 or Section 24.
Every application under Section 23 or Section 24 and every appeal under Section 25 shall be accompanied by the prescribed fee which shall, in no case, be refunded.
If any person makes in connection with-
(a) the preparation, revision or correction of an electoral roll; or
(b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either, knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to rupees 1[five thousand] or with both.
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1. Substituted by Act 13 of 1999, w.e.f. 24-3-1999
(1) If any electoral registration officer, assistant electoral registration officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without, reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable with fine which shall not be less than one thousand rupees.
(2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.
(3) No Court shall take cognizance of any offence punishable under subsection (1) unless there is a complaint made by order of, or under authority from, the State Election Commission.
A person shall not be qualified for chosen to fill a seat in a Panchayat at any level unless,
(a) his name appears in the electoral roll of any constituency in the panchayat ;
(b) he has completed his twenty-first year of age 1[on the date of filing of nomination];
(c) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes, he is a member of any of those castes or of those tribes as the case may be;
2[Provided that even if a candidate has omitted any word or words inadvertently when he makes and subscribes signature in such oath or affirmation and in the case he has been subsequently elected as member and assumed office on oath or affirmation made in the Second Schedule he shall not be considered as disqualified for the mistake happened earlier].
(d) in the case of a seat reserved for women, such person
(1) No officer or employee in the service of the State or Central Government or of a local authority or a corporation controlled by the State or Central Government or of a local authority or any company in which the State or Central Government or a local authority 1[not less than fifty one percent share] or of a Statutory Board or of any University in the State shall be qualified for election or for holding office as a member of a Panchayat at any level.
1[Explanation.-- For the purpose of this section, company means a Government company as defined in Section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and includes a co-operative society registered or deemed to be registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969)].
(2) Any officer or employee referred to in sub-section (1) who has been dismissed for corruption or disloyalty shall be disqualified for a period of five years fro
Every person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code, 1860, (Central Act 45 of 1860) or under any other provision of law mentioned in Section 8 of the Representation of the People Act, 1951 (Central Act 43 of 1951) or under any law or rule relating to the infringement of the secrecy of an election, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of a member of a Panchayat at any level for a period of six years from the date of his conviction.
(1) The case of every person found guilty of a corrupt practice by an order under Section 101 shall be submitted, as soon as may be after such order takes effect, by such authority as the Government may specify in this behalf, to the Governor for determination of the question as to whether such person shall be disqualified and if so, for what period:
Provided that the period for which any person may be disqualified under this subsection shall in no case exceed six years from the date on which the order made in relation to him under Section 101 takes effect.
(2) Before giving his decision on any question mentioned in sub-section (1) the Governor shall obtain the opinion of the State Election Commission on that question and shall act according to such opinion.
if the State Election Commission is satisfied that a person,
1[(a) has failed to lodge an account of election expenses within the prescribed time and manner and has no sufficient reason or justification for such failure; or
(b) the accounts lodged are false;
(c) has incurred election expenses exceeding the prescribed limit]
the State Election Commission shall, by order published in the Gazette, declare him to be disqualified and any such person shall be disqualified for a period of five years from the dale of the order.
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1. Substituted by Act 13 of 1999. w.e.f. 24-3-1999.
(1) A person shall be disqualified for being chosen as and for being a member of a Panchayat at any level, if he-
(a) is so disqualified by or under any law, for the time being in force, for the purposes of elections to the Legislative Assembly; or
1[(b)
(i) has been sentenced by a Court or Tribunal to imprisonment for a period not less than three months for an offence involving moral turpitude;
(ii) has been found guilty of an offence of corruption by a competent authority under any law in force;
(iii) has been held personally liable for maladministration by the Ombudsman constituted under Section 271 G; or)
(c) has been adjudged to be of unsound mind; or
(d) has voluntarily acquired the citizenship of a foreign State; or
(e) has been sentenced by a Criminal Court for any
(1) Subject to the provisions of Section 36 or Section 102, a member shall cease to hold office as such, if he
1[(a) is found guilty as described under clause (b) of sub-section (1) of Section 34 or is sentenced for such an offence; or]
(b) has been adjudged to be of unsound mind; or
(c) voluntarily acquired the citizenship of a foreign state; or
(d) has been sentenced by a Criminal Court for any electoral offence punishable under Section 136 or 2[xxxx] Section 138 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification; or
(e) has applied to be adjudicated, or is adjudicated, an insolvent; or
(f) acquires any interest in any subsisting contract made with, or wo
Section 35 of the Kerala Panchayat Raj Act, 1994, delineates grounds for disqualification of elected members of Panchayats, aiming to uphold accountability, transparency, and democratic principles within local self-governments. It prescribes specific circumstances under which a member ceases to hold office, including absenteeism, misconduct, or violation of statutory provisions.
Section 35 enumerates various grounds for disqualification, such as:- Absence from meetings without permission for a specified period (Section 35(1)(p) and (k))- Conviction of certain offences leading to disqualification- Giving up membership of political parties (defection)- Other violations like acquiring interest in subsisting contracts, misconduct, or failure to file asset declarations
Specifically, Sections 35(1)(p) and (k) relate to absence from meetings and misconduct, respectively, leading to automatic disqualification if the prescribed conditions are met.
In summary, Section 35 of the Kerala Panchayat Raj Act, 1994, provides a comprehensive framework for disqualifying members based on absenteeism, misconduct, defection, or failure to comply with statutory obligations. The section emphasizes automatic cessation of office upon breach, with procedural safeguards allowing members to challenge orders. Judicial pronouncements reinforce the importance of procedural correctness and the authority of the Election Commission, while also clarifying the scope of involuntary absence and the effect of criminal proceedings on disqualification.
1[No member of a Panchayat shall be a member of the Parliament or of the State Legislature at the same time and accordingly he shall cease to hold the office as a member of the Panchayat,
(a) where a person elected as a member of the Panchayat has been a member of the Parliament or of the Legislature before assuming his office and has not resigned the membership thereof or;
(b) where a member of the Panchayat who is elected or nominated as a member of the Parliament or of the State Legislature on assuming such office.]
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1. Inserted by Act 13 of 1999 w.e.f. 1-10-2000
(1) Whenever a question arises as to whether a member has become disqualified under Section 30 1[or Section 35 except clause (n)] thereof after having been elected as a member, any member of the panchayat concerned or any other person entitled to vote at the election in which the member was elected, may file a petition before the State Election Commission, for decision.
2[Provided that, the Secretary or the Officer authorized by the Government in this behalf may refer such a question to the State Election Commission for decisions.]
2[(2) The State Election Commission, after making such enquiry as it considers necessary in the petition referred to in or the reference made thereunder in sub-section (1) whether so however that the State Election Commission may pass an interim order as to whether a member may continue in office or not till a decision is taken on the petition or the matter inv
(1) Where a person ceases to be a member of a Panchayat at any level under Section 31 or clause (a) of Section 35, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the sentence is annulled on appeal or revision or the disqualification caused by the sentence is removed; and any person elected to All the vacancy in the interim shall, on such restoration, vacate office.
(2) Where a person ceases to be member under clause (k) of Section 35 the Secretary of the Panchayat concerned shall at once intimate the fact in writing to such person and report the same at the next meeting of the Panchayat. If such person applies for restoration to the Panchayat on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, the Panchayat may at the meeting next after the receipt of such application 'restore him to
(1) A general election shall be held for the purpose of constitution or reconstitution of new Panchayats before the expiration of the duration of the existing Panchayats.
(2) For the said purpose, the Government shall, by one or more notifications published in the Gazette on such date or dates as may be recommended by the State Election Commission, call upon all the constituencies of the Panchayats in the State to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder.
The functions of the State Election Commission under this Act or the rules made thereunder, may subject to such general or special directions, if any, given by the State Election Commission in this behalf, be performed also by the Secretary to the State Election Commission:
Provided that the commission shall have power to examine any such decision taken by the Secretary either suo motu or on the basis of any complaint, and take suitable decision thereon.
Subject to the superintendence, direction and control of the State Election Commission, the district election officer, shall co-ordinate and supervise all work, in the district in connection with the conduct of all elections to the Panchayats in the district.
1[(1) The State Election Commission may nominate adequate number of higher officials of the Government as observers in consultation with the Government for observing the election of the Panchayat.
(2) The observer nominated under sub-section (1) shall assist the State Election Commission to ensure a fair and equitable election and shall discharge such other function as may be entrusted by the Commission].
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1. Inserted by Act 13 of 1999, w.e.f. 24-3-1999
For every Panchayat, for every election to fill a seat or seats in the Panchayat, the State Election Commission shall, in consultation with the Government, designate or nominate 1[one or more returning officer who shall be an officer of the Government or of a local Self Government Institutions:
Provided that nothing in this section shall prevent the State Election Commission from designating or nominating the same person to be the returning officer for more than one Panchayats lying adjacent.
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1. Inserted by Act 13 of 1999, w.e.f.24-3-1999
(1) The State Election Commission may appoint one or more persons as assistant returning officers to assist any returning officer in the performance of his functions.
(2) Every assistant returning officer shall, subject to the control of the returning officer, be competent to perform all or any of the functions of the returning officer:
Provided that no assistant returning officer shall perform any of the functions of the returning officer which relates to the scrutiny of nominations unless the returning officer is unavoidably prevented from performing the said function.
References in this Act to the returning officer shall, unless the context otherwise requires, be deemed to include as assistant returning officer performing any function which he Is authorized to perform under sub-section (2) of Section 42.
It shall be the general duty of the returning officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act and the rules or orders made thereunder.
The district election officer shall, with the previous approval of the State Election Commission, provide sufficient number of polling stations for every Panchayat within his jurisdiction, and shall publish in such manner as the State Election Commission may direct a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.
(1) The district election officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or in relation to the election:
Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or in relation to the election, to be the polling officer during the absence of the former officer, and inform the district election officer accordingly:
Provided further that nothing in this sub-section shall prevent the district election officer from appointing the same person to be presiding officer for more than one polling station in the same pre
It shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the poll is fairly taken.
It shall be, the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his functions.
1[The Returning Officer, the Assistant Returning Officer, the Presiding Officer, the Polling Officer, any other Officer and any Police Officer designated for the time being to conduct a general election or by-election under the provisions of this Act shall be deemed to be on deputation to the State Election Commission for the period from the date of the notification for such election to the date of declaration of the result of such election and accordingly, such officer shall be subject to the control, supervision and command of the State Election Commission during that period.]
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1. Added by Act 13 of 1999. w.e.f. 24-3-1999.
As soon as the notification calling upon the constituencies in a Panchayat at any level to elect a member or members is issued, the State Election Commission shall, by notification in the Gazette, appoint,
(a) the last date for making nominations which shall be the seventh day after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations which shall be the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(c) the last date for the withdrawal of candidature, which shall be the second day after the date for the. scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(d) the dat
On the issue of a notification, under Section 49 the returning officer shall give public notice of the intended election In such form and manner, as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.
Any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the Constitution and this Act.
1[Provided that a person nominated as a candidate to fill a seat in a constituency in a Panchayat shall not be nominated as a candidate for another constituency in the same Panchayat].
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1. Inserted by Act 7 of 1995.
(1) On or before the date appointed under clause (a) of Section 49, each candidate shall, either in person or by his proposer, between the hours of eleven O' clock in the forenoon and three O' clock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under Section 50, a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer.
1[(1A) Every candidate submitting nomination under sub-section (1) shall not be deemed to be qualified to be elected to fill that post unless he submits, along with such nomination, the details regarding this educational qualification, criminal cases in which he is involved at the time of submission of nomination property owned by him and other members of his families, liabilities including arrears due from him to any public sector for undertaking or government or local self government
(1) A candidate shall not be deemed to be duly nominated for election from a constituency of a Panchayat at any level unless he deposits or causes to be deposited such sum, as may be prescribed, and different rates may be prescribed for different levels of the Panchayats. In the case of candidates belonging to Scheduled Castes or Scheduled Tribes, the amount of deposit shall be fifty percent of the amount prescribed for such constituency:
Provided that where a candidate has been nominated by more than one nomination paper, not more than one deposit shall be required of him under this sub-section.
(2) Any sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless at the time of delivery of the nomination paper under sub-section (1) of Section 52, the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclo
Section 53 of the Kerala Panchayat Raj Act, 1994, pertains to the nomination process of candidates for Panchayat elections, establishing criteria to deem a candidate duly nominated. This section is crucial for ensuring the integrity and transparency of the electoral process at various levels of Panchayats.
Section 53(1) states that a candidate shall not be considered duly nominated unless they deposit or cause to be deposited the necessary nomination papers or security as prescribed, from the relevant constituency of a Panchayat at any level.
The section does not specify explicit punishments but implies that failure to comply results in the candidate not being deemed duly nominated, effectively disqualifying them from contesting the election.
Note: The analysis is based on the available sources, primarily focusing on the statutory provisions and related legal context.
The returning officer shall, on receiving the nomination paper under sub-section (1) of Section 52, inform the person or persons delivering the same, of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions both of the candidate and of the proposer as contained in the nomination paper.
(1) On the date fixed for the scrutiny of nominations under Section 49, the candidates, their election agents, one proposer of each candidate and one other person duly authorized in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in Section 52.
(2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds, namely:
(a) that on the date fixed for the scrutiny of nominations, the candidate is either not qualified or is disquali
(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O' clock in the afternoon on the day fixed under clause (c) of Section 49 to the returning officer either by, such candidate in person or by his proposer, or election agent who has been authorized in this behalf in writing by such candidate:
Provided that if that day has been notified by the Government as a day to be observed as a holiday in Government offices, the notice of withdrawal shall be considered as having been delivered in due time if it is delivered before three O' clock in the afternoon on the next succeeding day which is not a holiday so notified.
(2) No person who has given a notice of withdrawal of his candidature under subsection (1) shall be allowed to cancel the notice.
(3) The returning officer sh
(1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of Section 56, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates.
(2) The said list shall contain the names in Malayalam alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars, as may be prescribed.
A candidate at an election may appoint, in the prescribed manner anyone person other than himself to be his election agent and when any such appointment is made notice of the appointment shall be given in the prescribed manner, to the returning officer.
Any person who is for the time being disqualified under this Act for being a member of a Panchayat shall be disqualified for being an election agent at any election.
(1) Any revocation of the appointment of an election agent, shall be signed by the candidate, and shall operate from the date on which it is lodged with the returning officer.
(2) In the event of such a revocation or of the death of an election agent, whether that event occurs before or during the election, or after the election but before the account of the candidate's election expenses has been lodged in accordance with the provisions of Section 86, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.
An election agent may perform such functions in connection with the election as are authorized by or under this Act to be performed by an election agent.
A contesting candidate or his election agent may appoint, in the prescribed manner, such number of agents, and relief agents, as may be prescribed, to act as polling agents of such candidate at each polling station provided under Section 45.
A contesting candidate or his election agent may appoint, in the prescribed manner one or more persons; but not exceeding such number, as may be prescribed, to be present as his counting agent or agents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer,
(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint, in the prescribed manner, another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment, in the prescribed manner, to such officer, as may be prescribed.
(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the returning officer, and in the event of such a revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his election agent may appoint, in the prescribed manner anot
(1) A polling agent may perform such functions in connection with the poll as are authorized by or under this Act to be performed by a polling agent.
(2) A counting agent may perform such functions in connection with the counting of votes as are authorized by or under this Act to be performed by a counting agent.
(1) At every election where a poll is taken, each contesting candidate at such election and his election agent shall have a right to be present at any polling station provided under Section 45 for the taking of the poll.
(2) A contesting candidate or his election agent may himself do any act or thing which any polling agent or the counting agent of such contesting candidate, if appointed, would have been authorized by or under this Act to do, or may assist any polling agent or the counting agent of such contesting candidate in doing any such act or thing.
Where any act or thing is required or authorized by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done:
If a candidate whose nomination has been found valid on scrutiny under Section 55 and who has not withdrawn his candidature under Section 56 dies and a report of his death is received before the publication of the list of contesting candidates under Section 57, or if a contesting candidate dies and a report of his death is received before the commencement of the poll, the returning officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the State Election Commission and also to the Government and all: proceedings with reference to the election shall be commenced a new In all respects as if for a new election: I
Provided that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll:
Provided further that no person who has given a notice of withdrawal of his candidature un
(1) If the number of contesting candidates for a constituency is more than one, a poll shall be taken.
(2) If there is only one candidate for a constituency, the returning officer shall declare him to be duly elected.
(3) If there is no candidate, election proceedings shall be started afresh for filling up the vacancy in all respects as if for a new election.
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1. Substituted by Act 7 of 1995.
State Election Commission shall fix the hours during which the poll will be taken; and the hours so fixed shall be published in such manner, as may be prescribed:
Provided that the total period allotted on anyone day for polling at an election in a constituency shall not be less than eight hours between 7 a.m. and 5 p.m.
(1) If at an election the proceedings at any polling station provided under Section 45 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the presiding officer for such polling station or the returning officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned.
(2) Whenever a poll is adjourned under sub-section (1), the returning officer shall immediately report the circumstances to the appropriate authority and the State Election Commission, and shall, as soon as may be, with the previous approval of the State Election Commission, appoint the day on which the poll shall recommence
(1) If at any election-
(a) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained, or
1[(aa) voting machine develops any mechanical failure during the course of recording votes: or]
(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the returning officer shall forthwith report the matter to the State Election Commission.
(2) Thereupon the State Election Commission shall, after taking all material circumstances into account, either
(a) declare the poll at
(1) If at any election-
(a) booth-capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or
(b) booth-capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the State Election Commission.
(2) The State Election Commission shall, on receipt of a report from the returning officer under sub-section (1) and after taking all material circumstances into account, either
(a) declare that the poll at that polling station or place be void, appoint a day. and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours
At every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.
1[Notwithstanding anything contained in this Act or rules made thereunder, the system of giving and recording of votes by voting machine, in such manner as may be prescribed, may be adopted in any elections as the State Election Commission may fixed having regard to the circumstance of each locality.
Explanation.- For the purpose of this election "voting machine'' means any electronic machine or any other machine used for giving or recording of votes and it shall also be construed that any reference as to ballot box or ballot paper in this Act or rules made thereunder save as otherwise provided, shall include the reference to a voting machine which is being used in any election.]
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1. Inserted by Act 31 of 2005 w.e.f. 1-9- 2000
With a view to preventing personation of electors provision may be made by rules made under this Act,
(a) for the marking, with indelible ink, of the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him;
(b) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such a mark on his thumb or any other finger.
(1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of a constituency shall be entitled to vote in that constituency.
(2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in Section 17.
(3) No person shall vote at a general election in more than one constituency of the same level, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.
(4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, and if he does so vote, all his votes in that constituency shall be void.
(5) No person shall vote at any election if he is confined in a pris
At every election where a poll is taken, votes shall be counted by, or under the supervision and direction of, the returning officer and each contesting candidate, his election agent and his counting agents, shall have a right to be present at the time of counting.
(1) If at any time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that, the result of the poll at that polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the State Election Commission.
(2) Thereupon, the State Election Commission shall, after taking all material circumstances into account, either -
(b) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or
(b) if satisfi
If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
When the counting of the votes has been completed, the returning officer shall, in the absence of any direction by the State Election Commission to the contrary, forthwith declare the result of the election in the manner provided by this Act or the rules made thereunder.
As soon as may be after the result of an election has been declared, the returning officer shall report the result to the Panchayat concerned, to the State Election Commission and to the Government and the State Election Commission shall cause to be published in the Gazette the declarations containing the names of the elected candidates. The name or names of the elected candidate or candidates shall also be published on the notice board of the Panchayat concerned.
For the purposes of this Act, the date on which a candidate is declared by the returning officer under the provisions of Section 69, or Section 80, to be elected to a Panchayat shall be the date of election of that candidate.
Where a general election is held for the purpose of constituting or reconstituting a Panchayat there shall be notified by the State Election Commission in the Gazette, as soon as may be, after the results of the elections in all constituencies, other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of Section 49 or for which the time for completion of the election has been extended under the provisions of Section 143, have been declared by the returning officer under the provisions of Section 69 or. as the case may be, Section 80, the names of the members elected for those constituencies and upon the publication of such notification the members shall be deemed to be duly elected:
Provided that the publication of such notification shall not be deemed-
(a) to preclude-
(i) the taking of the poll and the completion of the election in any Pan
1[(1) No person, shall be a member in more than one level in a Panchayat and a person who is elected to more than one level in a Panchayat shall, within fifteen days of his being so elected intimate to the State Election Commission, in writing, information regarding the Panchayat in respect of which he wishes to be a member and the Panchayat in respect of which he wishes to vacate his membership and on his failure in so intimating, his membership in all the levels of the Panchayats to which he has been elected shall be deemed to have ceased.
(2) As soon as the intimation in writing is received from a person under sub-section (1), the State Election Commission shall declare that he has by such intimation vacated his membership in respect of all the Panchayats except the Panchayat in respect of which he has intimated his wish to be a member.
(3) When a person being a member of a Panchayat at one level is also ele
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