Preamble [Act No. 13 of 1994]

[Act No. 13 of 1994]

PREAMBLE

An Act to replace the present enactments relating to Panchayats and district councils by a comprehensive

S.1 Short title, extent and commencement

(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 Council

S.2 Definitions

In this Act, unless the context otherwise requires, -

(i) 'article' means an article of the Constitution of India;

(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

S.3(a) Powers, functions and rights of the Grama Sabha

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 assi

S.3(b) Responsibilities of Grama Sabha

(1) The Grama Sabha shall have the following responsibilities, namely:

(i) dissemination of information regarding developmental and welfare activities;

(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;

S.5 Incorporation and, administration of Panchayats

(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 acquirin

S.6 Strength of Panchayats

(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.

(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 di

S.8 Composition of Block Panchayat

(1) Every Block Panchayat shall consist of,-

(a) elected members equal to the number of seats notified under subsection (1) of Section 6;

(1) Every District Panchayat shall consist of,-

(a) elected members equal to the number of seats notified under subsection (1) of Section 6; and

(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 unde

S.11 Power to rectify printing mistakes, etc

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.

(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.

(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 t

S.14 Electoral Registration Officer

(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 beha

S.15 Assistant Electoral Registration Officer

(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 ever

S.16 Electoral roll for every constituency

(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[re

S.17 Disqualifications for registration in an electoral roll

(1) A person shall be disqualified for registration in an electoral roll if he,

(a) is not a citizen of India; or

No person shall be entitled to be registered in the electoral roll for more than one constituency.

S.19 No person to he registered more than once in any constituency

No person shall be entitled to be registered in the electoral roll for any constituency more than once.

S.20 Conditions of registration

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

(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 pla

S.22 Preparation and revision of electoral rolls

(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.

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,

S.24 Inclusion of names in electoral rolls

(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 s

S.25 Appeals

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.

S.26 Fee for applications and appeals

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.

S.27 Making false declarations

If any person makes in connection with-

(a) the preparation, revision or correction of an electoral roll; or

(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

S.29 Qualifications for membership of a Panchayat

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 ;

(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 sh

S.31 Disqualification of persons convicted for certain offences

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 f

S.32 Disqualification on ground of corrupt practices

(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:

S.33 Disqualification for failure to lodge account of election expenses

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 ha

S.34 Disqualification of candidates

(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 electi

S.35 Disqualifications of members

(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)

Legal Commentary on Section 35 of the Kerala Panchayat Raj Act, 1994

Introduction

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.

What does Section 35 Say?

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.

Essential Ingredients

• Absence without permission: Member must be absent from meetings for three consecutive months or three consecutive meetings without permission (Section 35(1)(p) and (k))
• Permission for absence: Leave or permission must be granted; otherwise, absence is deemed willful
• Conviction or misconduct: A conviction for certain offences or misconduct as per law
• Interest in subsisting contracts: Acquisition of interest in contracts with the Panchayat, unless permitted
• Defection: Voluntary resignation from political parties or voting contrary to party whips (Section 3(1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999)
• Filing of asset declarations: Failure to file declarations within prescribed timelines

Scope of Section

• Automatic disqualification: The section provides for automatic cessation of membership upon the occurrence of specified acts or omissions
• Disqualification proceedings: Can be initiated suo motu or on complaint, with the authority (e.g., State Election Commission) empowered to decide
• Legal remedies: Members aggrieved by disqualification orders can approach courts for relief
• Temporal application: Applies during the term of the member, with provisions for restoration under certain conditions (Section 37(1))
• Relation with other laws: Interacts with anti-defection laws, criminal law, and rules governing conduct of elections and meetings

Punishment for Violations

• Ceasing to hold office: Automatic disqualification results in loss of membership
• Legal penalties: Offences related to misconduct or false declarations may attract criminal penalties under IPC or other statutes
• Loss of voting rights: Disqualified members lose their right to participate in meetings and decision-making
• Duration of disqualification: Certain disqualifications, like those for defection, run for six years from the date of order (Section 4 of the Anti-Defection Act)

Legal Comments

• Scope of disqualification - Section 35 provides for both automatic and procedural disqualifications, emphasizing the importance of compliance with statutory obligations [C. P. Faisel, Member, Koduvally Grama Panchayat VS Kerala State Election Commission, Thiruvananthapuram]
• Absence from meetings - Disqualification for absence requires absence for three consecutive months or meetings without permission; involuntary absence (e.g., judicial custody) may be excluded [Sulfikar, S/o. Subair VS Kerala State Election Commission]
• Permission for absence - Leave applications must be granted; mere filing does not suffice to prevent disqualification [Sulfikar, S/o. Subair VS Kerala State Election Commission]
• Disqualification due to misconduct - Convictions or misconduct can lead to disqualification, but the stigma attached to criminal proceedings does not automatically disqualify unless prescribed by law [Nattakam Suresh VS Kerala State Election Commission]
• Defection and political disqualification - Voluntary resignation from party or voting contrary to party whip leads to disqualification under the Anti-Defection Act; such disqualification is effective from the date of order and runs for six years [Nattakam Suresh VS Kerala State Election Commission]
• Procedural safeguards - Orders of disqualification are subject to judicial review; members can challenge orders on grounds of procedural irregularities or illegality [Sulfikar, S/o. Subair VS Kerala State Election Commission]
• Restoration of membership - Under Section 37(1), disqualified members can seek restoration if conditions are met, such as absence due to involuntary reasons [Sulfikar, S/o. Subair VS Kerala State Election Commission]
• Interaction with election law - Disqualification impacts subsequent elections; orders passed under Section 35(1) have immediate effect, affecting eligibility [Pulkuzhiyil Mohammadkutty VS Pookkottil Sadanandan, S/O. Peru]
• Role of the State Election Commission - The Commission has plenary powers to decide disqualification cases, including interim measures, based on affidavits and evidence [Siby Joseph VS State Election Commission]
• Legal interpretation of 'absent himself' - Judicial rulings clarify that involuntary absence (e.g., detention) may not attract disqualification if it is beyond the member's control [Nattakam Suresh VS Kerala State Election Commission]
• Impact of criminal proceedings - Convictions or pending criminal cases may lead to disqualification, but the actual effect depends on the law and the nature of offence [Nattakam Suresh VS Kerala State Election Commission]
• Legal consistency - The provisions of Section 35 are consistent with constitutional principles of democracy, ensuring accountability and integrity in local governance [Narayanan VS Delampady Grama Panchayat]
• Scope of judicial review - Courts generally refrain from interfering in decisions of the Election Commission unless procedural violations or jurisdictional errors are evident [T. M. Mujeeb S/o. Muhammed VS Kerala State Election Commission]
• Legal remedies - Members disqualified under Section 35 can challenge orders in courts, but courts uphold the authority of the Election Commission unless illegalities are established [Gopalan VS Vellangallur Gramapanchayath, Represented By Its Secretary]
• Disqualification and electoral disputes - Disqualifications influence electoral contests; courts have clarified that such orders are effective from the date of order and impact subsequent elections [Pulkuzhiyil Mohammadkutty VS Pookkottil Sadanandan, S/O. Peru]

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.

S.35(a) Cessation of membership

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,

S.36 Determination of subsequent disqualification of a member

(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 Com

S.37 Restoration of membership

(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 i

S.38 Notification for general election to Panchayats

(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 Gazett

S.39 Delegation of functions of State Election Commission

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 th

S.40 General duties of district election officers

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.

S.40(a) Election Observers

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.

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:

(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, su

S.43 Returning officer to include assistant returning officers performing the functions of the returning officer

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.

S.44 General duty of the returning officer

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.

S.45 Provision of Polling Stations

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.

S.46 Appointment of Presiding Officers for polling stations

(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:

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.

S.48 Duties of Polling Officer

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.

S.48(a) Returning Officer, Presiding Officer etc. be deemed to be on deputation to the Election Commission

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 prov

S.49 Appointment of dates for nominations, etc

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

S.50 Public notice of election

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.

S.51 Nomination of candidates for election

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

(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 beh

S.53 Deposits

(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 de

Legal Commentary on Section 53 of the Kerala Panchayat Raj Act, 1994

Introduction

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.

What does Section 53 Say

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.

Essential Ingredients

• Duly nominated candidate: The section defines the conditions under which a candidate's nomination is valid.
• Deposit requirement: The candidate must deposit or cause to be deposited the prescribed documents or security.
• Timing and process: The deposit must be made within the specified time frame and according to prescribed procedures.
• Level of Panchayat: Applies to nominations at any level of Panchayat, including village, block, or district.

Scope of Section

• Electoral validity: Ensures only properly nominated candidates participate in elections.
• Uniformity: Standardizes nomination procedures across all Panchayat levels.
• Electoral integrity: Prevents invalid nominations and maintains transparency.
• Enforcement: Provides a clear criterion to reject invalid nominations, thereby streamlining the election process.

Punishment for Section

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.

Legal Comments

• "Duly nominated" - Ensures candidates meet formal requirements for candidacy, reinforcing electoral legitimacy [Source: "Section 53(1) in Kerala Panchayat Raj Act, 1994"].
• "Deposit requirement" - Acts as a safeguard against frivolous nominations, promoting serious candidature [Source: "Section 53(1) in Kerala Panchayat Raj Act, 1994"].
• "Electoral validity" - Validates the nomination process, preventing invalid or incomplete nominations from proceeding [Source: "Section 53(1) in Kerala Panchayat Raj Act, 1994"].
• "Uniformity" - Promotes consistency across Panchayat levels, aligning with constitutional mandates for fair elections [Source: "Provisions in accordance with the Constitution (Seventy-third Amendment) Act, 1992"].
• "Electoral integrity" - Upholds transparency and fairness in Panchayat elections [Source: "THE KERALA PANCHAYAT RAJ ACT & RULES"].
• "Disqualification" - Highlights that failure to comply results in disqualification from election candidature [Source: "Section 53(1) in Kerala Panchayat Raj Act, 1994"].
• "Procedural compliance" - Emphasizes the importance of adhering to prescribed nomination procedures [Source: "Power to rectify printing mistakes etc."].
• "Level applicability" - The section applies to nominations across all Panchayat tiers, ensuring comprehensive regulation [Source: "Section 53(1) in Kerala Panchayat Raj Act, 1994"].
• "Legal certainty" - Clarifies that only candidates meeting formal nomination criteria are eligible, reducing disputes [Source: "THE KERALA PANCHAYAT LAW MANUAL"].
• "Dispute resolution" - The nomination process and its validation are pivotal in Panchayat election disputes [Source: "Panchayats and Dispute Resolution"].
• "Procedural safeguards" - The deposit acts as a procedural safeguard, filtering out non-serious candidates [Source: "the kerala panchayat raj - (fixing of strength) rules, 1994"].
• "Constitutional alignment" - The section aligns with constitutional provisions for local self-governance and electoral fairness [Source: "Provisions in accordance with the Constitution (Seventy-third Amendment) Act, 1992"].
• "Legal enforceability" - The requirement creates a legal obligation, enforceable through the electoral process [Source: "Division of Panchayats into constituents"].
• "Candidate qualification" - The deposit requirement is part of the qualification criteria for candidacy [Source: "Candidates. Qualifications."].
• "Electoral process integrity" - Maintains the sanctity of the electoral process by ensuring proper nomination procedures [Source: "Panchayats and Dispute Resolution"].
• "Administrative oversight" - The section facilitates administrative oversight of nominations, aiding election officials [Source: "Power to rectify printing mistakes etc."].
• "Legal consistency" - Ensures consistency with other provisions related to election procedures and candidate qualifications [Source: "Section 53(1) in Kerala Panchayat Raj Act, 1994"].
• "Candidate eligibility" - Acts as a preliminary eligibility check, filtering out invalid nominations [Source: "Section 53(1) in Kerala Panchayat Raj Act, 1994"].

Note: The analysis is based on the available sources, primarily focusing on the statutory provisions and related legal context.

S.54 Notice of nominations and the time and place for their scrutiny

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 nominat

S.55 Scrutiny of nominations

(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 facilit

S.56 Withdrawal of candidature

(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

S.57 Publication of list of contesting candidates

(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.

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.

S.59 Disqualification for being an election agent

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.

S.60 Revocation of the appointment or death of an election agent

(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

S.61 Functions of election agents

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.

S.62 Appointment of polling agents

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.

S.63 Appointment of counting agents

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,<

S.64 Revocation of the appointment or death of a polling agent or counting agent

(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 pr

S.65 Functions of polling agents and counting agents

(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 th

S.66 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

(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.

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:

S.68 Death of candidate before poll

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 p

S.69 Procedure in contested and uncontested elections

(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 elect

S.70 Fixing time for poll

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.

S.71 Adjournment of poll in emergencies

(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 statio

S.72 Fresh poll in the case of destruction, etc. of ballot boxes

(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

S.73 Countermanding of election or adjournment of poll on the ground of booth capturing

(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

S.74 Manner of voting at elections

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.

S.74(a) Using voting machine in elections

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.

S.75 Special procedure for preventing personation of electors

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 ba

S.76 Right to vote

(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 dis

S.77 Counting of votes

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.

S.78 Destruction, loss etc., of ballot papers 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 p

S.79 Equality of votes

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.

S.80 Declaration of results

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.

S.81 Report of the result

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 e

S.82 Date of election of candidate

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.

S.83 Publication of results of general elections to the Panchayat

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 Sec

S.83(a) Cessation of membership

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 b